01225.0005/813665.1
Commission deems necessary to protect the public health, safety, and general welfare. These safeguards (Conditions of Approval) are attached hereto as Exhibit “A”;
g. The proposed Project will not have a significant adverse impact on the environment as the proposed project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resource Code (PRC) Section 21080.66, as enacted by Assembly Bill 130 which became effective July 1, 2025; and
h. The minimum safeguards necessary to protect the public health, safety and general welfare have been required of the proposed Project and have been imposed as conditions of project approval by the City Council. In addition, certain safeguards have been required of the proposed Project, which the City Council deems necessary to protect the public health, safety, and general welfare. These safeguards (Conditions of Approval) are attached hereto as Exhibit “A”.
2. Density Bonus Waiver/Concession for Utility Undergrounding. The City Council finds that the Applicant’s requested concession or waiver from the City’s underground utility requirement pursuant to Chapter 13.32 of the Chino Municipal Code is denied. Pursuant to Chapter 13.32, titled “Underground Utility Devices,” the City has determined that undergrounding utilities is necessary to protect public health, safety, and welfare by reducing risks to life and property during emergencies such as earthquakes, fires, and severe weather events, reducing hazards associated with downed or damaged utility lines, and maintaining safe visibility and access within the public right-of-way for pedestrians, motorists, and emergency responders. Evidence provided, including traffic collision data compiled from 2021 to 2025, indicates there have been 23 traffic accidents within Chino City Limits involving a vehicle collision with a Southern California Edison (SCE) pole resulting in damage to the pole. The addition of the residential units for the Project would create new traffic to and from the Project site and thus exacerbate the traffic collision risks to the utility poles in question. The City Council further finds that the undergrounding requirement constitutes a fundamental public safety standard rather than a discretionary or primarily aesthetic requirement. Based upon the legislative findings contained in Chapter 13.32, the requested concession or waiver would potentially create specific adverse impacts on public health and safety that cannot be mitigated without requiring compliance with the undergrounding requirement. The City Council further finds that alternative mitigation measures, including protective barriers, relocation of facilities, or other design modifications, would not satisfactorily avoid or mitigate the identified public health and safety impacts associated with retaining above-ground utility facilities and therefore do not provide an effective substitute for undergrounding. Consistent with the information presented to the Planning Commission, the City Council finds that safety concerns have been identified through project records, and the introduction of additional traffic to the area would exacerbate those existing concerns. Accordingly, the requested concession or waiver does not qualify for approval under State Density Bonus Law Government Code section 65915(d) as Chapter 13.32 includes explicit legislative findings that undergrounding utilities is necessary to reduce hazards to life and property, particularly during emergencies, and to maintain safe visibility and access with in the public right of way, therefore all required utilities must be installed underground to protect public safety.
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01225.0005/813665.1
3. No Net Loss. The project site was identified in the Housing Element sites inventory with a potential of 208 low- and very-low income affordable units. To ensure that sufficient capacity exists in the Housing Element to accommodate the Regional Housing Needs Allocation (RHNA) throughout the planning period, especially to accommodate the lowerincome units, the Housing Element identified a buffer of 1,561 low- and very low-income affordable housing units. With the approval of this project, a buffer of 626 units remain, which is approximately 119% of the remaining RHNA allocation for low- and very lowincome housing. Therefore, with the development of this site with residential uses, sufficient sites will remain available to accommodate the City’s remaining unmet RHNA for each income category, and approval of this project is compliant with the No Net Loss Law.
4. CEQA Findings. The proposed project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resource Code (PRC) Section 21080.66, as enacted by Assembly Bill 130 which became effective July 1, 2025. This statutory exemption applies to infill projects that are consistent with the General Plan and Zoning Requirements, are located on sites of no more than 20 acres that are substantially surrounded by urban uses, do not contain habitat for endangered, rare or threatened species; would not result in significant environmental impacts related to traffic, noise, air quality, or water quality, and is located on a site that can be adequately served by utilities and public services. The proposed Project satisfies the eligibility criteria for this exemption.
Specifically, the Project is located on an approximately eight-acre site that is fully surrounded by existing urban development, is consistent with applicable land use regulations, does not contain habitat for protected species, and is adequately served by existing infrastructure and public services. Therefore, the Project qualifies for the statutory exemption set forth in PRC Section 21080.66.
5. Approve the appeal to approve the project and grant approval of PL25-0022 (Site Approval) and denying the portion of the appeal to remove the Public Work’s Condition of Approval No. 2.2, which requires the undergrounding of existing overhead utility line. The City Council hereby approves the appeal and approves PL25-0022 (Site Approval) subject to the Conditions of Approval attached hereto as Exhibit “A”. Applicant, including its successors and assigns, shall be responsible for implementing and complying with all conditions set forth in Exhibit “A”.
6. Actions by the City Clerk. The City Clerk is hereby directed to attest to the adoption of this Resolution as of the date set forth below and forthwith transmit a copy of this Resolution, by regular mail, to the Applicant at the address of record set forth in the Application.
PASSED, APPROVED, AND ADOPTED THIS 1
st DAY OF SEPTEMBER 2026.
EUNICE M. ULLOA, MAYOR
ATTEST:
NATALIE GONZAGA, CITY CLERK
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RESOLUTION NO. 2026-057
01225.0005/813665.1
State of California )
County of San Bernardino ) §
City of Chino )
I hereby certify the foregoing Resolution was duly adopted by the Chino City Council at a regular meeting held on the 1
st day of September 2026 and entered in the minutes of said Commission.
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
NATALIE GONZAGA, CITY CLERK
Attachment: Exhibit A – Conditions of Approval
471
EXHIBIT B
DEPARTMENTAL
CONDITIONS OF APPROVAL
DATE: June 17, 2026
PROJECT FILE NO.: PL25-0022 (Site Approval)
LOCATION: Northwest corner of Riverside Drive and Mountain Avenue (APN: 1015-511-27)
APPLICANT: BCT Development Acquisition Co
The departments listed below have reviewed the above referenced application. Those departments marked with an “X” have required conditions of approval to be imposed on the project.
Development Services Department –
[X] Planning Division
[ ] ADA Accessibility Division
Public Works Department –
[X] Engineering Division
[ ] Traffic Division
[X] Chino Valley Independent Fire District
[ ] Police Department
[ ] Finance Department
[ ] Community Services, Parks & Recreation Department
123 472
Modified 12/2020
DEVELOPMENT SERVICES DEPARTMENT
PLANNING DIVISION CONDITIONS OF APPROVAL
DATE: June 17, 2026
PROJECT FILE NO.: PL25-0022 (Site Approval)
LOCATION: Northwest corner of Riverside Drive and Mountain Avenue (APN: 1015-511-27)
APPLICANT: BCT Development Acquisition Co.
1.0 TIME LIMITS:
1.1. The above-referenced Site Approval shall expire on June 17, 2027 if Building Permits are not obtained. The expiration date may be extended upon written request by the applicant on a City application form. The request must be received by the Director of Development Services at least 30 days prior to expiration of the application.
2.0 GENERAL REQUIREMENTS:
2.1. Failure to comply with any conditions of approval shall be deemed just cause for revocation of project approval by the Planning Commission.
2.2. The project shall proceed only in accordance with approved plans on file with the Development Services Department, the conditions contained herein and the Chino Municipal Code.
2.3. Approval of this request shall not waive compliance with all sections of the Chino Municipal Code, all applicable provisions of the Chino Municipal Code, other City ordinances, and applicable specific plans, except to the extent such requirements are superseded by the project’s vested rights pursuant to SB 330 (Housing Crisis Act of 2019) and applicable provisions of State Density Bonus Law.
2.4. All conditions of approval shall be completed to the satisfaction of the Director of Development Services.
2.5. Pursuant to Government Code Section 66020, the applicant is informed that the 90-day period in which the applicant may protest the fees, 124 473
DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION
CONDITIONS OF APPROVAL
FILE NO.: PL25-0022 (SA) DATE: June 17, 2026
dedications, reservation or other exaction imposed on this project through the conditions of approval has begun.
2.6. In the event that any condition contained herein is determined to be invalid or legally unenforceable, then all remaining conditions shall remain in force.
2.7. In the event that any condition imposing a fee, exaction, dedication, or other mitigation measure is challenged by the project sponsors and/or other parties in an action filed in a court of law, which action is brought within the time period provided for by law, this approval shall be suspended pending dismissal of such action, the expiration of the limitation period applicable to such action, or final resolution of such action. If any condition is invalidated by a court of law, the applicable section of the entire project shall be reviewed by the City and substitute conditions may be imposed.
2.8. The applicant shall indemnify the City and its elected boards, commissions, officers, agents and employees and will hold and save them and each of them harmless from any and all actions, claims, liabilities, losses, damages, penalties, obligations and expenses, including but not limited to attorneys’ fees and costs, (collectively “claims”) against the City for any such claims, except that this obligation shall not apply to any action or claim by Applicant alleging that the City violated the Applicant’s rights or deprived the Applicant of the benefits or protections provided by a housing reform law, as those terms are defined in Government Code Section 65914.2, and shall be responsible for any judgment arising therefrom. The City shall provide the applicant with notice of the pendency of such action and shall request that the applicant defend such action. The applicant may utilize the City Attorney’s office or use legal counsel of its choosing, but shall reimburse the City for any necessary legal cost incurred by City, including for the City’s required participation in defense of the claims. The applicant shall provide a deposit in the amount of 100% of the City’s estimate, in its sole and absolute discretion, of the cost of litigation, including the cost of any award of attorney’s fees, and shall make additional deposits as requested by City to keep the deposit at such level. If the applicant fails to provide or maintain the deposit, the City may abandon the action and the applicant shall pay all costs resulting therefrom and City shall have no liability to the applicant. Notwithstanding any other provision of this section, no term herein shall be interpreted or applied to require the Applicant to indemnify, defend, or hold harmless the City with respect to any action brought by the Applicant alleging that the City violated the Applicant’s rights or deprived the Applicant of the benefits 125 474
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CONDITIONS OF APPROVAL
FILE NO.: PL25-0022 (SA) DATE: June 17, 2026
or protections provided by a housing reform law, as defined in Government Code section 65912.4.
2.9. The City of Chino has an exclusive contract with Waste Management for all solid waste collection and hauling services within the City. The applicant shall be responsible for making arrangements with Waste Management for disposal of any/all construction debris or trash generated as a result of this permit. Waste Management can be reached at 1-800 423-9986.
2.10. Pursuant to Public Resources Code Section 21089 and Fish and Wildlife Code Section 711.4, the developer shall provide those fees marked [X] below in the form of a check made payable to the San Bernardino County Clerk of the Board of Supervisors. Project approval shall not be complete until the required fee(s) is (are) paid:
[ ] $50 for the Notice of Determination filing fee.
[x] $50 for the Notice of Exemption filing fee.
[ ] $2,548.00 for the California Department of Fish and Wildlife Mitigated Negative Declaration fee.
[ ] $3,539.25 for the California Department of Fish and Wildlife Environmental Impact Report fee.
2.11. Special Affordable Housing Overlay Conditions:
2.11.1. As a condition for the approval of a density bonus and additional incentive or incentives, the applicant shall agree to enter into a density bonus agreement with the City in a form approved by the City Attorney and consistent with the requirements of Government Code section 65915 and other applicable state law.
The City Manager is authorized to execute the density bonus agreement on behalf of the City. The executed density bonus agreement shall be recorded on the parcel or parcels designated for the construction of qualifying units, or donated for the purpose of constructing qualifying units. The approval and recordation shall occur prior to building permit. The density bonus agreement shall be binding upon all future owners and successors in interest.
2.11.2. Since the project is utilizing the Affordable Housing Overlay component, the applicant shall enter into an Affordable Housing Overlay agreement with the City in a form approved by the City 126 475
DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION
CONDITIONS OF APPROVAL
FILE NO.: PL25-0022 (SA) DATE: June 17, 2026
Attorney. This agreement may be combined with the density bonus agreement by the discretion of the City Attorney.
2.11.3. All fees, including City Attorney fees, associated with drafting and negotiating the density bonus agreement and Affordable Housing Overlay agreement shall be paid by the developer.
3.0 PRIOR TO THE ISSUANCE OF A BUILDING AND/OR GRADING PERMIT:
3.1. The developer shall pay development impact fees at the established rate, pursuant to Government Code Section 66007, the applicant shall make payment of fees at the time of impact. Additionally, all applicable fees shall comply with the fee protections established under the Senate Bill No. 330.
Such fees may include, but not be limited to, new construction fee, park or open space fees, school fees, drainage fees, sewer fees, building permit and plan check fees
3.2. Revised plans, incorporating all conditions of approval, shall be submitted for review and approval by the Director of Development Services.
3.3. All plans shall be coordinated for consistency.
3.4. The Director of Development Services shall have the authority to approve minor deviations in the site plan, architecture and/or landscape providing the total approved building area is not exceeded. If it is determined that the changes will be substantial, approval from the Planning Commission will be required.
3.5. The developer shall submit one set of structural plans/construction documents. Said plans shall include one set of structural calculations, one set of Title 24 energy calculations, and one soils report. The developer shall also submit the above documents in digital format to the Building Division once approved.
3.6. A construction-phasing plan shall be submitted to and approved by the Deputy Director of Development Services prior to building permit issuance. This plan shall show which homes will be completed in which phases, and how each completed phase will be closed off from phases under construction so as to minimize conflict between construction vehicles, construction equipment, employees and residents, as applicable.
3.7. A construction management plan shall be submitted for review and approval by the Director of Development Services. The plan shall coordinate and address construction activities that may impact residents 127 476
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CONDITIONS OF APPROVAL
FILE NO.: PL25-0022 (SA) DATE: June 17, 2026
and/or surrounding businesses on site and in adjacent areas. Elements of the plan would contain, but not be limited to, the following:
a. Routing of construction equipment
b. Hours of operation
c. Dust control
d. Vector control
e. Vehicle, equipment, and personnel staging
f. Pre-construction meetings
g. Contractor/subcontractor acknowledgement, obligations, and penalties
h. Traffic control and coordination
i. Security and interim fencing
j. Signs posted on the site with a contact number for the job site construction manager and the City’s Code Enforcement Division.
Signs shall measure at least four feet by eight feet and shall be posted along every street frontage. The developer shall contact the City immediately upon any change in contact numbers.
3.8. A precise wall plan indicating the design, location and construction details of all walls and fences shall be submitted for review and approval by the Planning and Building Divisions. All perimeter and street-facing walls, including retaining walls, and pilasters shall be decorative in nature and shall comply with Chapter 20.10.080 of the Chino Municipal Code.
3.9. Prior to the issuance of any grading permit, detailed on-site landscaping and irrigation construction drawings along with a copy of the Planning Commission approved conceptual landscape plans and a copy of the conditions of approval shall be submitted for review and approval by the Director of Development Services. A grading permit will not be issued until the City’s outside plan checker has completed one review of detailed landscape and irrigation plans for the development. Payment of the Landscape & Irrigation Plan Review Fee shall be due at the time of submittal. Plans shall be prepared to comply with the City’s Water Efficient Landscape Ordinance, adopted on October 6, 2015, Ordinance No. 2015-008, meet the requirements for a Landscape Documentation Package in accordance with Section 20.19.030 of the Landscape Ordinance, and shall bear the seal of a landscape architect registered with the state of California. If the site includes areas proposed to be placed within a City-maintained Landscape Maintenance District, plans shall be prepared on City of Chino, Engineering Division base sheets, and shall bear the seal of a landscape architect registered with the state of California. Original mylars shall be submitted to the City upon approval of plans by the City Engineer.
128 477
DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION
CONDITIONS OF APPROVAL
FILE NO.: PL25-0022 (SA) DATE: June 17, 2026
3.10. All on-site ground-mounted utilities, including but not limited to cable television facilities, and telephone/fiber optic facilities, shall be undergrounded. Equipment that that is not placed underground such as SCE transformers, backflow prevention devices, irrigation valves and controllers used for common landscape areas shall be placed in areas out of public view and sufficiently screened. The location and method of screening of said utilities shall be reflected in a plan and shall be subject to the review and approval by the Director of Development Services.
3.11. All electrical panels and cabinets shall be completely screened. All electrical panels and cabinets shall be fully enclosed and integrated into and architecturally compatible with the building to the satisfaction of the Director of Development Services. The locations of the electrical panels and cabinets shall be reflected on a site plan and elevation(s) to be reviewed and approved by the Director of Development Services.
3.12. Prior to the issuance of a building permit, the approved grading plans shall be attached to the construction plan set. The project shall be built according to the plans approved by the Planning Commission on June 17, 2026, as prepared by KTGY Architecture and Planning. Any substantial modification to the project shall require Planning Commission review and approval. If minor in nature, the modification may be reviewed and approved by the Development Services Director.
3.13. Upon submittal of construction drawings to the Building Division for plan check review, all departmental conditions of approval for the project shall be included on the sheet following the title sheet, or the first sheet of the plans. A site plan shall also be attached to all sets of construction drawings. This condition shall be a minimum requirement for acceptance of construction drawings for the Building plan check review.
3.14. Mailboxes shall not interfere with free ingress or egress to the project site.
The applicant shall contact the U.S. Postal Service to determine the appropriate type and location of mailboxes. The location and design of mailbox standards shall be indicated on the required landscape and irrigation plans. The design of the mailboxes shall be subject to the review and approval of the Director of Development Services.
3.15. Special Conditions:
3.15.1. A Water Quality Management Plan shall be prepared in accordance with County of San Bernardino requirements and submitted for review and approval by the City.
129 478
DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION
CONDITIONS OF APPROVAL
FILE NO.: PL25-0022 (SA) DATE: June 17, 2026
3.15.2. Approval of the conceptual landscape plan by the Planning Commission does not constitute final approval. The final landscape approval (during the plan check process and/or following installation) shall be subject to the review and approval of the City’s Landscape Architect Consultant and the Director of Development Services. The City Landscape Architect or Director of Development Services may require additional/fewer trees, shrubs, vines, and ground cover as necessary, based on final site conditions during the landscape plan check process or field review process in order to mitigate any site conditions that were not apparent during either the Planning Commission review or plan check review process.
3.15.3. A detailed on-site exterior lighting plan shall be submitted for review and approval by the Director of Community Development.
Plans shall be designed pursuant to Chino Municipal Code Section 20.10.090 (Outdoor Lighting) and shall indicate fixture design, illumination (photometric), location, height and method of shielding, so as not to adversely affect adjacent properties.
3.15.4. The applicant shall install light standards that shall be architecturally compatible with the exterior building design and color. Special consideration shall be given to the lighting along the north and west property boundaries to mitigate potential impacts to the adjacent residential properties, to the satisfaction of the Development Services Director.
3.15.5. The existing block wall located at the northwest corner of the project site may be removed, but is not required as part of the Project approval, subject to the consent of all affected property owner(s). If consent is not obtained and any portion of the existing wall remains resulting in a double wall condition, the developer shall provide a continuous, durable seal between the walls to prevent the accumulation of water, debris, and other materials.
Additionally, the applicant shall provide mailed notice to all affected adjacent residential property owners at least 30 days prior to constructing a perimeter wall and submit a copy of the notice to the Development Services Department. If a wall is proposed to be constructed on the property line between properties, the applicant shall obtain approval from the affected residential property owner(s), to the satisfaction of the Building Official.
130 479
DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION
CONDITIONS OF APPROVAL
FILE NO.: PL25-0022 (SA) DATE: June 17, 2026
4.0 PRIOR TO START OF CONSTRUCTION:
4.1. A pre-construction meeting, scheduled with the Building Division, shall be held with all applicable City staff members, developer, contractor, superintendent, and all subcontractors prior to start of construction.
4.2. The approved construction management plan shall be distributed to all contractors and subcontractors and shall be maintained on-site through the duration of construction.
4.3. The applicant is required to contact the West Valley Mosquito and Vector Control District to determine if an inspection or field survey of potential vectors and their ectoparasites is necessary. If the District so determines, an inspection or field survey shall be conducted by the District, at the applicant’s expense, prior to demolition or grading in order to protect the health of and reduce the risk of neighboring residents to vector-borne diseases. Based on the inspection or survey results, the applicant shall take appropriate vector control methods as recommended by the District.
5.0 PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY:
5.1. Detailed landscape and irrigation plans for the development shall be approved by the Director of Development Services. The fee for review of these plans by the City’s outside plan checker shall be paid by the developer, including the City’s Landscape & Irrigation Plan Review Fee.
5.2. All landscaping and irrigation shall be installed in accordance with plans on file with the Development Services Department, and irrigation systems fully operational. Furthermore, all landscaped areas shall be free of trash and debris.
5.3. A licensed landscape architect or contractor, or other licensed certified professional in a related field shall conduct a final field inspection and shall prepare a certificate of completion, which shall be filed with the Director of Development Services. The certificate of completion shall be prepared in accordance with Section 20.19.030.J of the Landscape Ordinance, and shall specifically indicate that plants were installed as specified by the landscape design plan, that the irrigation system was installed as specified by the irrigation design plan, and that an irrigation audit has been performed. All landscape and irrigation audits shall be conducted by a landscape irrigation auditor. Landscape audits shall not be conducted by the person who designed the landscape or installed the landscape. 131 480
DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION
CONDITIONS OF APPROVAL
FILE NO.: PL25-0022 (SA) DATE: June 17, 2026
5.4. A landscape maintenance program for the entire project site shall be reviewed and approved by the Director of Development Services. The maintenance program shall include general landscape maintenance provisions for pruning, trimming, the replacement of any dead, decayed, or diseased vegetation, ongoing weed abatement, and replacement/repair of the irrigation system, when necessary. The landscape maintenance program shall be included with the contract with the landscape maintenance company to ensure they implement the maintenance program. In addition, the maintenance program should include provisions for periodic inspections to ensure the irrigation system is working properly, and all landscaping is being properly maintained.
5.5. To minimize damage to paved areas due to tree root growth, trees located within five (5) feet of any paved surface area shall be provided with root barriers unless it can be demonstrated, to the satisfaction of the Planning Division, that the root growth characteristics of the type of tree proposed does not warrant their installation.
5.6. A 6-foot-high decorative masonry block wall shall be constructed or maintained along the perimeter of the tract Furthermore, a 6-foot-high decorative masonry block wall shall be installed along all interior rear and side property lines,. All gates shall utilize decorative materials to tie in with the architecture of the adjacent unit and shall be steel-framed with a seal coat to protect against weather depreciation.
5.7. All residential units shall have Category 5e wiring or similar datatransfer/network wiring system installed throughout the unit.
5.8. Prior to issuance of a certificate of occupancy for the final unit, construction office buildings/trailers shall be removed from the site.
5.9. Air conditioning condenser units shall be placed in areas out of public view or shall be sufficiently screened subject to the review and approval by the Director of Development Services.
6.0 ENVIRONMENTAL REQUIREMENTS & MITIGATION MEASURES:
6.1. A preconstruction survey shall be conducted no more than 72 hours prior to ground disturbance including clearing, grubbing or grading of the site to ensure that no burrowing owls are occupying the project area.
7.0 OTHER REQUIREMENTS:
132 481
DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION
CONDITIONS OF APPROVAL
FILE NO.: PL25-0022 (SA) DATE: June 17, 2026
7.1. The project site shall be cleared of all trash, debris, weeds, and other discarded items in compliance with CMC 8.50.040. within 2 weeks of Planning Commission approval, or as determined by the Director of Development Services. After notice, an opportunity to cure, and a public hearing, where there is a finding that the project site has not been cleared of all trash, debris, weeds, and other discarded items, approval of this application shall be deemed null and void upon failure of the applicant to comply with this condition.
7.2. All signs, including subdivision and/or realty signs proposed for this development shall be designed to conform to the Sign Ordinance and shall require separate application and approval by the Planning and Building Divisions prior to installation.
7.3. All building drainage gutters, down spouts, vents, etc., located on the exterior walls shall be architecturally compatible with the exterior building design and color, to the satisfaction of the Director of Development Services, or shall be completely concealed from view.
7.4. Any revision to plotting and/or elevation changes for residential projects shall be subject to review and approval by the Director of Development Services. If the proposed revisions are substantial, then the Director may require that the Planning Commission review and approve them. To ensure that the appropriate variation of units is maintained, the applicant shall, at a minimum, submit a revised colored site plan, a table identifying the revised unit count, and an exhibit showing the revised streetscene(s).
Additional information may be required depending on the nature of the changes.
7.5. The centrally located community recreation center shall be fully constructed prior to occupancy of any residential unit. A 30-day time extension may be permitted subject to approval by the Director of Development Services.
7.6. Special Conditions:
7.6.1. Prior to the first building permit issuance, the applicant shall pay the fee for the Art in Public Places Program. Required fees are
0.1% of building valuation. Building valuation shall be based on the total building(s) valuation as computed using the latest Building Valuation Data as set forth by the International Conference of Building Officials (ICBO).
133 482
DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION
CONDITIONS OF APPROVAL
FILE NO.: PL25-0022 (SA) DATE: June 17, 2026
7.6.2. Exterior building color not already reviewed and approved during entitlement shall be reviewed and approved by the Director of Development Services. Colors shall be coordinated between structures, utilizing compatible hues and intensities. Final review and approval of paint colors utilizing a color test may be required prior to painting any structure, if determined necessary in the field by the Director of Development Services.
7.6.3. All new mechanical equipment and appurtenances of any type (including, but not limited to, electrical cabinets, HVAC equipment, skylights, stack vents or fans) whether located on rooftops, ground level or anywhere on the building structure, shall be completely screened so as not to be visible from any public street and/or adjacent property, subject to review and approval by the Director of Development Services. The parapet wall should serve as the primary method of screening, or the facilities shall be enclosed within the structure of the building. Such enclosure of facilities shall be of compatible design related to building structure for which such facilities are intended to serve.
7.6.4. Special landscape features, such as raised planters, boulders, rockscapes, pavers and intensified landscaping, shall be provided where new local streets intersect with existing arterial or collector streets for the purpose of defining the neighborhood entry.
Furthermore, special landscape features shall be provided at Riverside Drive, in accordance with the landscape plans.
7.6.5. Stone, brick, and other masonry veneers, where used, shall be applied to within four inches of the finished grade.
7.7. Phased Projects:
7.7.1. All required street improvements and a minimum of 10 feet of landscaping on private property shall be installed. The landscaping within this area shall be included in the landscape maintenance program, which shall be provided pursuant to Condition No. 6.4.
7.7.2. For an undeveloped building pad located adjacent to street or drive aisle of the site or larger phased area located on the interior of the site, a construction fence/green screen may be provided in lieu of the landscape treatment. The fence shall be maintained in good condition at all times.
134 483
DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION
CONDITIONS OF APPROVAL
FILE NO.: PL25-0022 (SA) DATE: June 17, 2026
7.8. All new residential development shall comply with the mandatory measures contained in Chapter 4 of the California Green Building Code and the selected voluntary measure contained in Appendix A4 and identified in Section 15.45.030 (Residential Development) of the Chino Municipal Code.
7.9. Per Section 15.45.070 of the Chino Municipal Code, demonstrate consistency with the Chino Climate Action Plan by implementing one of the following three options:
a) Exceed the mandatory California Energy Code Title 24, Part 6 standards in effect at the time of application submittal by 5%; or b) Achieve an equivalent reduction through voluntary measures in the California Green Building Standards Code, Title 24, Part 11 (CALGreen) in effect at the time of application submittal; or
c) Provide other equivalent greenhouse gas (GHG) reductions through measures including but not limited to, non-vehicle transportation infrastructure, transit, ZEV (zero emission vehicle) infrastructure or other incentives, waste diversion, water conservation, tree planting, renewable energy option packages, or any combination of these or other measures such that GHG emissions are reduced by 0.74 MT CO2e per residential dwelling unit per year and/or per TSF of commercial/industrial use per year.
Applicants that choose Option a described above will be required to verify that their project meets the 5% improvement above the mandatory standards through the appropriate certificate of compliance form for residential construction (CF-1R) or for commercial/industrial construction (PERF-1C). Applicants that choose Options b or c described above will be required to utilize the GHG Performance Standard Checklist developed by the City, or provide other valid documentation, such as CalEEMod or other methodologies, as verified by the Director of Development Services to demonstrate the required GHG reductions consistent with the City's CAP.
8.0 CONSTRUCTION SITE SECRURITY:
8.1. Each site shall be completely encircled by a minimum 6’ tall securityquality chain link fence once precise grading has been completed or as determined by the Deputy Director of Development Services.
8.2. Tennis court or similar screening material shall be securely attached for the length of the fence, excluding gates and 10' on either side of gates. 135 484
DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION
CONDITIONS OF APPROVAL
FILE NO.: PL25-0022 (SA) DATE: June 17, 2026
8.3. Each site shall have only one entry/exit gate, or as approved by the Planning Division.
8.4. Gate hinge pins shall be spot-welded or altered in such a way as to prevent easy removal.
8.5. Each gate shall have a casehardened lock and chain, or other equivalent security hardware.
8.6. “No Trespassing” signs shall be attached to the exterior of the fence at a minimum distance of a third of a mile and at all entrances.
8.7. On or near the exterior of each gate will be a sign with the address of the site in no less than 6" letters. Both the number and street name will be listed on the sign. The address posted will be used for the entire site until the fence is removed and individual addresses assigned.
8.8. Office trailers and tool bins shall be placed adjacent to gates inside the property to allow observation from outside.
8.9. Lighting on trailers and bins is desirable but shall be directed into the property so as not to impede outside observation or endanger nearby traffic with glare.
8.10. Tool bins shall be secured with casehardened locks, preferably with lock guards.
8.11. A sign stating that theft is not acceptable on the site and will be reported to the police, or wording to that effect, will be displayed prominently near each entrance.
8.12. Each site will have an assigned Crime Prevention Manager who is responsible for the following:
a. Providing his/her name and 24-hour telephone access number to the Chino Police Department.
b. Have available at all times the names and 24-hour contact numbers for all subcontractors.
c. Have the authority to speak for the development/owners on matters concerning trespassing and other criminal matters.
d. Complete routine fence inspections and arrange for prompt repairs or removal of any damage, graffiti, or loose screening. e. Ensure that no work or maintenance of construction equipment is being performed on the site between 8 p.m. and 7 a.m.
136 485
DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION
CONDITIONS OF APPROVAL
FILE NO.: PL25-0022 (SA) DATE: June 17, 2026
f. Ensure that all above security requirements are complied with, and that all security hardware, fencing, and lighting are maintained in working order.
g. Ensure that thefts are immediately reported to the police department and that reasonable steps are taken, if evident, to prevent future similar incidents.
137 486
PUBLIC WORKS CONDITIONS OF APPROVAL
Reviewed/Approved By: JP Date: 6/9/2026
Template Rev. 6/19/2025
PROJECT NO. PL25-0022 (Site Approval)
DATE: June 9, 2026 PC MEETING DATE: June 17, 2026
PROJECT DESCRIPTION: 210 Unit 3 story for rent community on 8 acres PROJECT LOCATION: 6210 Riverside Drive (NW corner of Riverside Dr and Mountain Ave) APPLICANT: BCT Dev Acquisition Co. PROJECT ENGINEER: Daniel Aguirre
PRIOR TO THE THREE 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 PUBLIC WORKS DIRECTOR SHALL HAVE THE
AUTHORITY TO APPROVE MINOR DEVIATIONS IN THE CONDITIONS OF APPROVAL, AND ALL PLANS INCLUDING THE CONSTRUCTION DRAWINGS.
1.0 PRIOR TO ISSUANCE OF BUILDING OR CONSTRUCTION PERMITS:
1.1. All required plans and studies shall be prepared by a Registered Professional Engineer and submitted to the Project Engineer for review and approval. All project plans must be approved by the City Engineer's office before a Building Permit will be issued. All maps, studies, calculation sheets, reports, etc. must be on and/or folded in an 11-inch by 8½-inch standard format.
1.2. Make the following dedications:
Street Name Distance Direction From C/L
Riverside Drive 22 ft North
(55’ total from CL to ROW)
Mountain Avenue 5 ft West
(55’ total from CL to ROW)
1.2a Dedicate to the City a 26 and 30-foot wide easement for all proposed private drives for fire lane access.
1.2b Prepare and record necessary drainage easements to implement the project in accordance with drainage law.
1.3. 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 impact 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 mitigation measures.
1.4. 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.
1.5. Provide a certificate, from a Registered Civil Engineer, certifying that the finished grading has been completed in accordance with the City approved grading plan. 138 487
PROJECT NO. PL25-0022 (SA) 2 June 9, 2026
1.6. 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.
1.7. Design per City Standards and construct full public improvements for all impacted and interior streets/facilities in accordance with City Code, Standards and Specifications. Such public improvements shall include, but not be limited to, the following:
Street Names
Riverside Dr (1) Mountain Ave (1)
Curb & Gutter (Offset from Centerline) (2) X (40’) X (42’ & 36’ (17)) Sidewalk (Width) (3) X (6’) X (6’)
Asphalt Concrete Pavement on Aggregate
Base (Width from Centerline)
(4)
X (30’) X (30’)
Asphalt Concrete Overlay (5) X X
Street Lights (6) X X
Median Island and Landscaping
Parkway Landscaping (7) X X
Striping and Traffic Controls (8) X X
Traffic Signal Plans (9) X X
Conduit System for CATV
Sewer (10) X
Storm Drain (11) X
Domestic Water (12) X
Recycled Water
Fire Hydrants as required by CVIFD (13) X X
Driveways (14) X X
Utility Poles (15) X X
Bus Stop and Shelter(16) X
(1) The public improvements listed shall be made as specified in our municipal code and per the City of Chino’s General Plan. All required public utility improvements shall follow the City standard for street trenching backfill and repair. A southbound right-turn pocket shall be constructed on Mountain Ave along the project frontage. Repair all damage to existing public improvements due to the proposed construction activities and as requested by the Public Works Inspector. (2) Construct curb and gutter along the entire project frontage on Riverside Dr and along the proposed widening segment of Mountain Ave in accordance with current City standards and specifications.
Additionally, repair and replace any existing damaged, or deficient curb and gutter along the project’s frontage on Mountain Ave.
(3) The existing sidewalk along Mountain Ave shall be removed and replaced with ROW adjacent sidewalk.
Proposed sidewalk on Riverside Drive shall be ROW adjacent. ADA ramps at the northwest corner of Riverside Dr and Mountain Ave shall be reconstructed to meet current ADA standards. Also, see COA
1.8 and 1.12.
(4) Full pavement rehabilitation shall include the proposed widening areas along the entire project frontage on Riverside Dr and Mountain Ave.
(5) Grind and overlay a minimum of two (2) inches of the existing asphalt pavement and extend to the full width of the existing lane closest to the project along the entire project frontage in accordance with City of Chino standards. Based on the existing road conditions, additional pavement rehabilitation may be required as directed by City staff.
(6) Streetlights shall be installed per City of Chino standards and shall utilize an unmetered service pedestal. (7) The parkway maintenance shall be the responsibility of the property owner. (8) Extent of the signing & striping plan shall be dictated by the City Traffic Engineer. (9) A traffic signal modification plan or Riverside Dr and Mountain Ave is required. Also, see COA 1.21. 139 488
PROJECT NO. PL25-0022 (SA) 3 June 9, 2026
(10) Sewer connection shall be made to the existing sewer mainline in Riverside Dr. Public sewer mains shall be located only within public streets; otherwise, sewer mains and lift stations shall be privately owned and maintained. Abandon unused sewer service(s) where applicable, per City standards. (11) Public storm drain mains shall be located only within public streets; otherwise, storm drain mains shall be private. Unused storm drain inlets and laterals shall be properly removed and abandoned. Include trash capture devices on all catch basins.
(12) Water connections shall be made to the existing water mainline in Mountain Ave. Provide new water meters and services and abandon unused water meters and services where applicable, per City standards.
(13) All new and existing fire hydrants that require relocation, will need to be upgraded to the latest model per City of Chino standards.
(14) All proposed driveway approaches shall be constructed per City Std. No. 240 with minimum 5-ft sidewalks. Minimum radii per City and Chino Valley Independent Fire District (CVIFD) requirements. (15) Underground all utility lines adjoining and interior to the project, including power lines of 34.5kV or less in accordance with City Code, Chapter 13.32. Also see COA 1.10 (16) Bus stop and shelter to be in accordance with City of Chino standards and Omnitrans standards. (17) On Mountain Avenue the existing offset from the centerline to the curb face is 36’. This will transition to 42’ at the southbound right turn pocket.
1.8. All improvements shall comply with federal, state, and local accessibility regulations and standards. a. 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. b. Where accessibility standards are contradictory, the provision that provides the most accessible (restrictive) condition shall apply.
c. 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.
Pedestrian facilities (privately or publicly owned) that are open to the public shall comply with the City's Policy on Accessible Pedestrian Facilities, accessibility standards in the CBC, and ADA regulations at Part 36 of Title 28, which include the 2010 (ADA) Standards.
Accessibility of existing and proposed building improvements will be evaluated by the City’s building department. Those comments and requests are in addition to those provided herein.
1.9. Execute a Public Improvement Agreement and submit security in an amount acceptable to the City Engineer to guarantee construction of the public improvements listed in 1.7. All security must be accessible to the City at any time and in a form acceptable to the City Engineer, pursuant to Government Code, Section 66499.
1.10. Obtain design and plan approval from appropriate utility companies for undergrounding all utility lines adjoining and interior to the project, including power lines of 34.5kV or less in accordance with City Code, Chapter 13.32. The applicant shall provide documentation, in the form of e-mail correspondence or formal letters, demonstrating coordination with all applicable utility providers.
1.11. Comply with all applicable requirements of the City Code.
1.12. Comply with Pedestrian Accessibility Plan submitted with underlying project conditions of approval (i.e. tract map or MSA).
If a Pedestrian Accessibility Plan was not provided with tract map conditions, the project must ensure that all pedestrian facilities (private or publicly owned) that are open to the public shall comply with accessibility standards in the City’s Policy on Accessible Pedestrian Facilities, the current edition of the CBC in effect at the time of building permit issuance or, if no permit, the date construction commences, and Part 36 of Title 28 of the Americans with Disabilities Act (ADA) 140 489
PROJECT NO. PL25-0022 (SA) 4 June 9, 2026
regulations, which include the 2010 ADA Standards. This includes the following structures and facilities:
a. Sidewalks and walks (public right of way sidewalk, walks within the development); b. Curb ramps (should be directional with one curb ramp provided for each pedestrian crossing and shall comply with the City’ Policy on Accessible Pedestrian Facilities). The NE and SW ramps will not require modification or relocation of existing traffic signal poles; c. Pedestrian crossings at driveways;
d. Crosswalks (marked, unmarked, signalized); and
e. Path of travel from right-of-way to recreation facilities (parks, restroom) and each feature pad area or commercial building pad
1.13. Pay all applicable fees pursuant to City Code including, but not limited to, the Development Impact Fees (DIF) and Sewage Facilities Development Fee (SFDF). The actual amount of fees due to the City will be based on the fee schedule in place on the date that the fees are due, or the date that they are paid, whichever occurs last. The fee amount stated in this notice is subject to change based on (1) annual adjustments for inflation, pursuant to Chino Municipal Code Section 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. In accordance with Government Code Section 66007, the applicant shall make payment of fees at the time of impact. Additionally, all applicable fees shall comply with the fee protections established under the Senate Bill No. 330.
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 Section 3.40.080(B) or 3.45.080(B).
1.14. 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.
1.15. Pursuant to Santa Ana Regional Water Quality Control Board Order Number R8-2010-0036, NPDES Permit No. CAS618036, prepare a project-specific Water Quality Management Plan (WQMP) and submit to the project engineer for review and approval. To address NPDES Permit requirements to the maximum extent practicable, the project shall be designed to specify preferential use of Low Impact Development Best Management Practices that reduce pollutants and runoff volume through structural measures (e.g., infiltration, harvesting, and bio-treatment) and non-structural measures (e.g., preserving natural areas, clustering development, and reducing impervious areas). The WQMP shall conform to the requirements of the San Bernardino County Stormwater Program, 2013 WQMP Technical Guidance Document and include the Trash Order Implementation Plan requirements.
1.16. 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.
1.17. All public street corners shall have a minimum curb radii per City Code, Chapter 19.06 and City Standards and Specifications. The northwest corner of Mountain Avenue and Riverside Drive needs to be sized to accommodate Omnitrans standard bus turns from the southbound right turn pocket on Mountain Avenue to the curb adjacent westbound lane on Riverside drive. 141 490
PROJECT NO. PL25-0022 (SA) 5 June 9, 2026
1.18. 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.
1.19. 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.
1.20. Comply with all requirements of the City Traffic Engineer approved Traffic Impact Analysis (TIA) for construction of required improvements including the construction of a dedicated southbound rightturn pocket and dedication of right-of-way for half the width of a future additional eastbound left-turn pocket.
1.21. The developer shall be responsible for the modification of traffic signal at Mountain Avenue and Riverside Drive. During construction, the developer shall be responsible for any damages attributed to the construction of related public improvements and shall coordinate with the Transportation Division and the City’s designated traffic signal maintenance company for technical support of the traffic signal during construction until such time as the improvements are accepted by the City to the satisfaction of the City Engineer.
1.22. (I) Annex into the current services special tax community facilities district of the City (the “City Services CFD”) through the submission of an application to the City’s Finance Department along with the payment of $11,000.00 plus the per parcel fee, for the City’s outside costs of the annexation process, or (II) form a new City community facilities district with a services special tax component commensurate with the City Services CFD, or (III) provide a lump sum payment to the City which, based on current interest rate conditions, is projected to finance in perpetuity the same services projected to be provided through annexation into the City Services CFD. Upon completion of the annexation, an annual special tax will be assessed on the property tax bill to each Assessor Parcel at an established rate set by the City Services CFD document entitled “Rate and Method of Apportionment” available for review in the CFD Annual Report located at:
https://www.cityofchino.org/222/Community-Facilities-District-Mello-Roos This annual tax is used to fund Police, Fire and other municipal services provided to residents and businesses in the general City.
2.0 PRIOR TO REQUEST FOR AND RELEASE OF OCCUPANCY PERMITS/ACCEPTANCE OF PUBLIC IMPROVEMENTS:
2.1. Construct and secure Public Works Department approval of all public facilities enumerated under Section 1.0 above (per Resolution No. 88-23).
2.2. Underground all utility lines adjoining and interior to the project, including power lines of 34.5kV or less in accordance with City Code, Chapter 13.32.
2.3. 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.
2.4. Provide to the City and record a pedestrian access easement at the northwest corner of the site for public access between Salem Court and Carissa Avenue. Also maintain the existing storm drain 142 491
PROJECT NO. PL25-0022 (SA) 6 June 9, 2026
easement recorded as Instrument No. 2018-0304046 and the existing sewer easement recorded in Book 8313, Page 601.
2.5. Relocate the existing gas line located at the northwest corner of Mountain Avenue and Riverside Drive. Relocation shall be completed in accordance with City of Chino standards and all applicable Gas Company requirements, subject to review and approval by the City Engineer.
The developer shall work diligently and in good faith with the applicable utility providers, including the gas company, to obtain all necessary approvals, relocations, and clearances required for the installation of the frontage improvements. Evidence of ongoing coordination and reasonable progress toward completion of the frontage improvements shall be provided upon request by the City.
Notwithstanding any utility-related delays beyond the developer's control, all required frontage improvements shall be completed prior to issuance of the 199th building permit. The Public Works Director shall have the authority to approve a deviation from this building permit threshold upon determining that the developer has demonstrated good-faith efforts toward completion of the frontage improvements and that such deviation is in the best interest of the City.
2.6. Pay all remaining applicable fees pursuant to California Government Code section 66007.
2.7. Rehabilitate all street pavement along all streets impacted by the development as directed by City staff. Install signing and striping per approved plans.
2.8. Submit to the City, electronic files of Tract/Parcel Map and “as-built” improvement plans in AUTOCAD, Esri 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.
3.0 PRIOR TO FINAL ACCEPTANCE/PROJECT CLOSEOUT:
3.1 Complete all Conditions of Approval listed under Sections 1-3 above.
3.2 Coordinate with the City and Southern California Edison (SCE) to transfer all applicable streetlight electrical service accounts to the City.
3.3 Submit to the City, electronic files of “as-built” improvement plans in AUTOCAD, Esri 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.
Attachment
143 492
Rev 6/6/23
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
DEVELOPMENT ENGINEERING DIVISION
PROJECT NO. PL25-0022
PROJECT ENGINEER: Daniel Aguirre
DATE: 6/9/2026
A COPY OF THIS CHECK LIST MUST BE PROVIDED ALONG WITH A COMPLETED PLAN CHECK REVIEW APPLICATION TO THE
ENGINEERING TECHNICIAN WHEN MAKING AN APPOINTMENT FOR FIRST PLAN CHECK SUBMITTAL Copy of Development Engineering Division Conditions of Approval Plan Check Fee Calculation Form
Maps (Subdivision Only)
Preliminary Title Report (no older than six months) (Subdivision Only) Closure Calculations (Subdivision Only)
Referenced Maps (Subdivision Only)
Preliminary Soils Report (no older than sixty days)
Lot line adjustment certificate
Lot merger
Right-of-way dedication
Rough Grading Plans
Precise Grading Plans
Storm Drain Plans
Hydrology and Hydraulic Calculations with Backup Data (Signed and Sealed by a Registered Civil Engineer)
Engineering Cost Estimate (On City Forms) with Engineer’s Wet Signature and Stamp Street Improvements Plans
Cross-Sections (if street plans are required) at 50’ intervals and extended a minimum of 100’ beyond limits of improvements
Sewer Plans
Domestic Water Plans
Recycled Water Plans
Street Light Plans
Voltage Drop Calculations (Signed and Sealed by a Registered Engineer) Signing and Striping Plans
Traffic Signal Interconnect Plans
Traffic Signal Plans
Water Quality Management Plan
Construction Management Plan
144 493
Special Districts Leadership Foundation - District of Distinction Since 2008 May 6, 2026
It is a recommendation of the Fire District that the developer of every new construction project facilitate a preconstruction meeting. The meeting is to be scheduled with the Fire District Inspector for said project.
The following are the conditions of the above referenced permit/project. All conditions shall be adhered to, failure to comply with said conditions may result in the revocation of said permit and/or punitive fines as outlined in the Fire District fee schedule.
We look forward to a cooperative working relationship throughout the project. Should you have any questions regarding the project, including the conditions as set forth herein, please feel free to contact our office at (909) 902-5280.
1.0 THE ITEMS BELOW ARE CONDITIONS OF APPROVAL AND ARE TO BE COMPLETED PRIOR TO RECORDATION:
1.1 Fire access roads shall be designed and plans submitted to the Fire District for approval.
Fire access roads shall be constructed of an all-weather hard surface, such as, asphalt or concrete, and be a minimum unobstructed width of 26 feet. The fire apparatus access road shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. The road grade shall not exceed twelve percent (12%) maximum. An approved turn around shall be provided at the end of each roadway in excess of 150 feet in length.
Chino Valley Fire District
14011 City Center Drive
Chino Hills, CA 91709
(909) 902-5260 Administration
(909) 902-5250 Fax
Chinovalleyfire.org
2024-00002484
Fire Protection Requirements
BCT DEV ACQUISITION CO, LLC
130 NEWPORT CENTER DR STE 210
NEWPORT BEACH, CA - California 92660
Project Name: PL25-0022 PROPOSED
RESIDENTIAL 3-STORY TOWNHOMES
Project Address: 6210 RIVERSIDE DR
CHINO, CA 91710
Board of Directors
Mike Kreeger
President
Tom Haughey
Vice President
Harvey Luth
Sarah RamosEvinger
Andrew Romaine
Fire Chief
Dave Williams
145 494
Special Districts Leadership Foundation - District of Distinction Since 2008 Aerial access shall be provided for any buildings 30’ ft. and higher per 2025 CFC.
Appendix D. A 26’ ft. wide access road shall be a minimum of 15’ ft. to the building and a maximum of 30’ ft. from the building. Access roads shall comply with Fire District Standard No. 111.
1.2 The development and each phase shall have two (2) points of vehicular access during construction. Fire District Standard No. 111 shall be complied with.
1.3 Water systems shall be designed to meet the required fire flow of this development and be approved by the Community Risk Reduction Division. Buildings in excess of 100,000 square feet shall have a minimum of two (2) connections to a public main. The developer shall furnish the Community Risk Reduction Division with three (3) copies of the water system working plans done by the installing contractor for approval, along with the Fire Flow Availability Form completed by the water purveyor prior to recordation. The required fire flow shall be determined by using the California Fire Code, current adopted edition. For all private systems, the water systems shall comply with Fire District Standard Nos. 101, 102, and 103. In areas without water-serving utilities, fire protection water systems shall be based on NFPA Pamphlet 1231. For water connections and work conducted in the public right of way, please refer to separate plans reviewed and approved by the water purveyor.
1.4 Fire hydrants shall be six-inch (6") diameter with a minimum one four-inch (4") and one two and one-half inch (2-1/2") connections. All fire hydrants shall be spaced a maximum of three hundred feet (300') apart. Private water systems shall comply with Fire District Standard Nos. 101, 102, and 114. All hydrants shall be installed with pavement markers to identify their locations.
1.5 Access drives which cross property lines shall be provided with CC & R's, access easements or reciprocating agreements and shall be recorded on the titles of affected properties. Copies of the recorded documents shall be provided at the time of Fire District plan review.
1.6 Underground fire mains which cross property lines shall be provided with CC & R's, easements, or reciprocating agreements addressing the use and maintenance of the mains and hydrants and shall be recorded on the titles of affected properties. Copies of the recorded documents shall be provided at the time of Fire District plan review.
2.0 THE ITEMS BELOW ARE CONDITIONS OF APPROVAL AND ARE TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMIT:
2.1 Fire access roads shall be constructed and approved by the Community Risk Reduction Division prior to combustibles being brought onto the site.
2.2 Approved street signs shall be installed prior to issuance of building permits, as well as a job site address.
2.3 Fire Protection water systems shall be tested, operational, and approved by the Community Risk Reduction Division prior to combustible materials being brought to the site.
146 495
Special Districts Leadership Foundation - District of Distinction Since 2008
2.4 All flammable vegetation shall be removed from each building site for a minimum distance of thirty feet (30') from any flammable building material including all structures.
2.5 A detailed site plan of the development is required to be submitted in electronic (pdf.) format. The plan must show and be limited to: locations of property lines, buildings, and equipment and hazards for emergency response purposes. Please refer to Fire District Standard No. 143. Additional or revised files may be required during construction and/or prior to final signoff.
2.6 The Developer shall submit, as an electronic file, a drawing of the new streets in pdf format to the Fire District with the building construction plans. Format must contain and be restricted to the following layers: A. Right of way; B. Parcel Lines; C. Street Names; D. Address numbers; E. Fire Hydrants. Additional or revised files may be required during construction and/or prior to final signoff.
3.0 THE ITEMS BELOW ARE CONDITIONS OF APPROVAL AND ARE TO BE COMPLETED PRIOR TO OCCUPANCY:
3.1 A residential "life safety" fire sprinkler system is required. The developer shall submit an electronic/PDF set of detailed plans and hydraulic calculations to the Community Risk Reduction Division for approval. The system shall be installed, tested and approved prior to occupancy. The system shall meet the standards of NFPA 13R or 13D and Fire District Standard No.126. Dwellings in excess of 5,000 square feet shall provide calculations of the (4) four most remote sprinkler heads. For NFPA 13R systems, the contractor is required to submit a report to The Compliance Engine (TCE).
3.2 A manual/automatic fire alarm system or fire sprinkler monitoring system is required. An electronic/PDF set of detailed plans shall be submitted showing the design, system components, signaling devices, fire alarm power supply, control panel and auxiliary devices and functions of the alarm system. Please refer to Fire District Standard No. 133 and current adopted editions of the California Building Code, as well as NFPA Standard
72. The contractor is required to submit a report to The Compliance Engine (TCE).
3.3 Approved in-building, two-way emergency responder communication coverage for emergency responders shall be provided in all new buildings, if ERRC evaluation determines the need for installation of system. In-building, two-way emergency responder communication coverage within the building shall be based on the existing coverage levels of the public safety communication systems utilized by the jurisdiction, measured at the exterior of the building. System shall comply with current adopted edition of the California Fire Code, NFPA 70, 72 & 1221 and the contractor is required to submit a report to The Compliance Engine (TCE).
3.4 Hand-held portable fire extinguishers are required to be installed. The location, type and cabinet design shall be approved by the Community Risk Reduction Division.
3.5 Smoke and Carbon Monoxide alarms are required to be installed per Section 310 of the California Building Code, current adopted edition. Locations shall be in accordance with code requirements.
147 496
Special Districts Leadership Foundation - District of Distinction Since 2008
3.6 "No Parking - Fire Lane" signs shall be installed in interior access drives at locations designated by the Community Risk Reduction Division. Curbs shall be painted red at locations designated by the Community Risk Reduction Division. Please refer to Fire District Standard No. 121.
3.7 An approved recessed Fire Department "KNOX" brand key box is required. The key box shall be located at or near the main entrance(s), and shall be provided with a tamper switch and shall be monitored by an approved central station monitoring service. Please refer to Fire District Standard No. 117.
3.8 Commercial, industrial, and multi-family building addresses shall be posted with a minimum eight inch (8") numbers, visible from the street and during the hours of darkness they shall be internally or externally electrically illuminated. Posted numbers shall contrast with the background used and be legible from the street.
Where building set back exceeds 100 feet from the roadway, additional non-illuminated six inch (6") numbers shall be displayed at the property access entrance. These numbers shall also contrast with the background used. Fire District Standard No. 122 must be complied with.
3.9 Residential street addresses shall be posted with a minimum of four inch (4") numbers, shall be electrically illuminated (by 12-volt power source only) by internal means during the hours of darkness. Posted numbers shall contrast with the background used and be legible from the street in accordance with the California Fire Code, current adopted edition. Where building is set back more than 100 feet from the roadway, additional nonilluminated four inch (4") numbers shall be displayed at the property access entrance.
These numbers shall also contrast with the background used. Please refer to Fire District Standard No. 122.
3.10 An electronic/PDF set of plans shall be submitted separately for each of the following listed items to the Fire District for review, approval and permit prior to any installation or work being done. Approved plans must be maintained at the worksite during construction. Fees are due at the time of submittal.
a) Building Construction, includes tenant improvement work b) Private (onsite) Underground Fire Protection Water Systems, if applicable c) Fire Sprinkler Systems, designed by C16 contractor or registered engineer d) Fire Alarm Systems or Sprinkler Monitoring Systems designed by a C7, C10 contractor or registered engineer.
e) Knox box and/or security gate locations.
f) Emergency Responder Radio Coverage Systems
Applicable Standards:
101, 102, 103, 111, 114, 117, 121, 122, 126, 133, 141, 143 CVFD Standards available online at http://www.chinovalleyfire.org 148 497
Exhibit C - Planning Commission staff report and exhibits [LINKED] https://chino.legistar.com/LegislationDetail.aspx?ID=8069882&GUID=5CE0B5F6-4E9D4FD6-84A7-A6FD79DFB38A&Options=&Search= 498
01225.0005/951268.1
RESOLUTION NO. PC2026-005
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CHINO, CALIFORNIA, APPROVING PL25-0022 (SITE APPROVAL)
TO CONSTRUCT A 210-UNIT RESIDENTIAL RENTAL COMMUNITY
CONSISTING OF 25 TWO- AND THREE-STORY RESIDENTIAL
BUILDINGS AND A RECREATION BUILDING ON 7.9 ADJUSTED
GROSS ACRES OF LAND AT A DENSITY OF 26.6 DWELLING UNITS PER ACRE WITHIN THE CO (COMMERCIAL OFFICE) AND RD4.5
(RESIDENTIAL 4.5 DWELLING UNITS PER ACRE) ZONING
DISTRICTS WITHIN THE AFFORDABLE HOUSING OVERLAY (AHO),
LOCATED AT THE NORTHWEST CORNER OF RIVERSIDE DRIVE
AND MOUNTAIN AVENUE (APN: 1015-511-27).
WHEREAS, the Chino 2021-2029 Housing Element (Housing Element) update was adopted by the City Council on January 4, 2022, with revisions to the Housing Element being adopted in December 2024. The Housing Element established an Affordable Housing Overlay (AHO) and Mixed Use Overlay (MUO) on sites throughout the City that had been identified during the drafting of the Housing Element as a strategy for meeting the City’s Regional Housing Need Assessment (RHNA) numbers. Housing sites within both overlays allow for residential development of up to 30 dwelling units per acre (du/ac) provided that projects provide affordable housing for moderate, low, to very low-income households; and
WHEREAS, BCT Dev. Acquisition Company (the “Applicant”), filed a preliminary application with the City of Chino (the “City”) on September 18, 2025 and subsequently filed an application on February 26, 2025 for approval of PL25-0022 (Site Approval) (the “Project”) to construct a 210-unit residential rental community consisting of 25 two- and three-story residential buildings and a recreation building on 7.9 adjusted gross acres of land at a density of 26.6 dwelling units per acre within the CO (Commercial Office) and RD4.5 (Residential 4.5 dwelling units per acre) zoning districts within the Affordable Housing Overlay. The project is located at the northwest corner of Riverside Drive and Mountain Avenue (APN: 1015-511-27); and
WHEREAS, the Planning Commission of the City of Chino has completed its study of the proposed Project; and
WHEREAS, on June 17, 2026, the Planning Commission held a duly noticed public hearing for the Project in compliance with law, including compliance with the relevant provisions of the California Government Code and Chino Municipal Code, entertained the written and oral report of staff, and took public testimony on the Project.
NOW, THEREFORE, the Planning Commission of the City of Chino, California, does hereby FIND, DETERMINE, and RESOLVE as follows:
A. The foregoing recitals are true and correct and incorporated herein. 499
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B. Based on substantial evidence, both written and oral, from the public hearing, the Planning Commission makes the following findings and takes the following actions on PL25-0022 (Site Approval):
1. PL25-0067 (Site Approval)
a. The proposed Project is consistent with the goals and policies of the City’s adopted General Plan and/or applicable specific plan(s), as General Plan Goal LU-1 aims to enhance livability in the City, with Objective LU-1.1 encouraging a variety of housing types that meet the housing needs of residents of all income levels in Chino. Further, the Project is a proposal for a 210-unit for sale community located within the Affordable Housing Overlay (AHO) and has been designed to meet applicable development standards and design guidelines, with the exception of specified deviations from standards, or waivers, as is permitted by SDBL;
b. The proposed Project is permitted within the zoning district in which it is proposed and complies with all applicable provisions of the City's Zoning Code. The Project site is located within the AHO, which allows for residential projects with affordable units. The proposed Project is for the development of 25 two- and three-story buildings, with 210 units, totaling 423,588 square feet on 7.9 adjusted gross acres of land at a density of 26.6 units per acre, and offering 10 percent of low-income units, which is permitted per the AHO.
The Project complies with development standards, with the exception of the requested waivers pursuant to State Density Bonus Law (SDBL) in the AHO ordinance;
c. The subject site is physically suitable, including, but not limited to, parcel size, shape, access and availability of utilities, for the type and intensity of use proposed, as all minimum zoning requirements governing parcel size, shape, access, type and intensity of development have been met or exceeded. The proposed residential development is consistent with development standards in the AHO ordinance and with the development guidelines and standards of the City’s Zoning Code, with the exception of specified deviations from standards, or waivers, as is permitted by SDBL.
Additionally, the appropriate infrastructure and public improvements are conditioned to be constructed with the development;
d. The subject site for the Project relates to streets and highways properly designed, both as to width and type of pavement to carry the type and quantity of traffic generated by the proposed Project, in that the Project site will have direct access from Riverside Drive and Mountain Avenue, which have been designed to carry the type of traffic visiting the site; 500
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e. The proposed Project is compatible with those on abutting properties and in the surrounding neighborhood, in that the Project consists of a 210-unit for-rent residential community consisting of 26 residential buildings surrounded by commercial uses to the east and west, and residential uses to the north and south. The site plan and architectural design incorporate appropriate transitions to the adjacent single-family homes by providing a fifteen-foot setback along the northern property line, a ten-foot setback along the western property line, and stepping the building down to two stories along the north and west property lines to minimize massing near existing residences. The Project has been designed in compliance with all applicable development standards and design guidelines of the Affordable Housing Overlay;
f. The proposed location, size, and operating characteristics of the proposed Project will not be detrimental to the public interest, health, safety or general welfare, as the proposed residential use is consistent with the AHO. In addition, certain safeguards have been required of the proposed Project, which the Planning Commission deems necessary to protect the public health, safety, and general welfare. These safeguards (Conditions of Approval) are attached hereto as Exhibit “A”;
g. The proposed Project will not have a significant adverse impact on the environment as the proposed project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resource Code (PRC) Section 21080.66, as enacted by Assembly Bill 130 which became effective July 1, 2025; and
h. The minimum safeguards necessary to protect the public health, safety and general welfare have been required of the proposed Project and have been imposed as conditions of project approval by the Chino Planning Commission. In addition, certain safeguards have been required of the proposed Project, which the Planning Commission deems necessary to protect the public health, safety, and general welfare. These safeguards (Conditions of Approval) are attached hereto as Exhibit “A”.
2. Density Bonus Waiver/Concession for Utility Undergrounding. The Planning Commission finds that the Applicant’s requested concession or waiver from the City’s underground utility requirement pursuant to Chapter 13.32 of the Chino Municipal Code is denied. Pursuant to Chapter 13.32, titled “Underground Utility Devices,” the City has determined that undergrounding utilities is necessary to protect public health, safety, and welfare by reducing risks to life and property during emergencies such as earthquakes, fires, and severe weather events, reducing hazards associated with downed or damaged utility lines, and maintaining safe visibility and access within the public right-of-way for pedestrians, motorists, and emergency responders. The Planning Commission further finds that the undergrounding requirement constitutes a fundamental public safety standard 501
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rather than a discretionary or primarily aesthetic requirement. Based upon the legislative findings contained in Chapter 13.32, the requested concession or waiver would potentially create specific adverse impacts on public health and safety that cannot be mitigated without requiring compliance with the undergrounding requirement. The Planning Commission further finds that alternative mitigation measures, including protective barriers, relocation of facilities, or other design modifications, would not satisfactorily avoid or mitigate the identified public health and safety impacts associated with retaining above-ground utility facilities and therefore do not provide an effective substitute for undergrounding. The Planning Commission further finds that, based on the testimony and information received during the public hearing, the project is likely to cause increased pedestrian and vehicular traffic in the area, thereby increasing the occurrence of adverse public health and safety impacts should the concession be granted. Accordingly, the requested concession or waiver does not qualify for approval under State Density Bonus Law Government Code section 65915(d) as Chapter 13.32 includes explicit legislative findings that undergrounding utilities is necessary to reduce hazards to life and property, particularly during emergencies, and to maintain safe visibility and access with in the public right of way, therefore all required utilities must be installed underground to protect public safety.;
3. CEQA Findings. The proposed project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resource Code (PRC) Section 21080.66, as enacted by Assembly Bill 130 which became effective July 1, 2025. This statutory exemption applies to infill projects that are consistent with the General Plan and Zoning Requirements, are located on sites of no more than 20 acres that are substantially surrounded by urban uses, do not contain habitat for endangered, rare or threatened species; would not result in significant environmental impacts related to traffic, noise, air quality, or water quality, and is located on a site that can be adequately served by utilities and public services. The proposed Project satisfies the eligibility criteria for this exemption. Specifically, the Project is located on an approximately eight-acre site that is fully surrounded by existing urban development, is consistent with applicable land use regulations, does not contain habitat for protected species, and is adequately served by existing infrastructure and public services. Therefore, the Project qualifies for the statutory exemption set forth in PRC Section 21080.66.
4. Approval of PL25-0022 (Site Approval). The Planning Commission hereby approves PL25-0022 (Site Approval) subject to the Conditions of Approval attached hereto as Exhibit “A”. The Planning Commission further denies the Applicant’s requested concession from the City’s underground utility requirements contained in Chapter 13.32 of the Chino Municipal Code for the reasons set forth herein. Applicant, including its successors and assigns, shall be responsible for implementing and complying with all conditions set forth in Exhibit “A”.
5. Actions by the Planning Commission Secretary. The Planning Commission Secretary is hereby directed to attest to the adoption of this Resolution as of the 502
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date set forth below and forthwith transmit a copy of this Resolution, by regular mail, to the Applicant at the address of record set forth in the Application.
PASSED, APPROVED, AND ADOPTED THIS 17TH DAY OF JUNE 2026.
PLANNING COMMISSION CHAIRPERSON
ATTEST:
SECRETARY, PLANNING COMMISSION
State of California )
County of San Bernardino ) §
City of Chino )
I hereby certify the foregoing Resolution was duly adopted by the Chino Planning Commission at a meeting held on the 17th day of June 2026 and entered in the minutes of said Commission.
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
SECRETARY, PLANNING COMMISSION
Attachment: Exhibit “A” – Conditions of Approval
503
CITY of CHINO
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504
_________________________________________ ___________________________ ________________________________________________
505
400 South Hope Street, 8th Floor | Los Angeles, California 90071 | T +1.213.896.2400 | F +1.213.896.2450 Holland & Knight LLP | www.hklaw.com
Ryan M. Leaderman
+1 213-896-2405
[email protected]
Algiers | Atlanta | Austin | Birmingham | Bogotá | Boston | Century City | Charlotte | Chattanooga Chicago | Dallas | Denver | Fort Lauderdale | Houston | Jacksonville | London | Los Angeles | Mexico City Miami | Monterrey | Nashville | Newport Beach | New York | Orlando | Philadelphia | Portland | Richmond San Francisco | Seattle | Stamford | Tallahassee | Tampa | Tysons | Washington, D.C. | West Palm Beach June 22, 2026
Via E-mail [[email protected]]
Mayor Eunice Ulloa
Mayor Pro Tem Curtis Burton
Council Member Karen Comstock
Council Member Christopher Flores
Council Member Marc Lucio
Chino City Council
13220 Central Avenue
Chino, CA 91710
Re: Appeal of Unlawful Denial of Housing Development Project at 6210 Riverside Drive/APN# 1015-511-27/PL25-0022
Dear Mayor Ulloa, Mayor Pro Tem Burton, and Honorable Councilmembers:
Holland & Knight LLP (“H&K”) represents BCT Dev Acquisition Co, LLC (the “Applicant”) in connection with the proposed 210 dwelling unit project (the “Project”), in which 21 units (ten percent) would be affordable to Low Income households on the approximately 8.0-acre site located at 6210 Riverside Drive (the “Property”) in Chino (the “City”), California. Pursuant to Chino Municipal Code (“CMC”) § 20.23.150B the Applicant appeals in the entirety the Planning Commission’s June 17th, 2026 unlawful denial of the Project.
I. Lack of Findings Violates State Law and the CMC
The Planning Commission’s denial of the Project did not make even one finding to support its decision. This is a clear violation of California law. “We conclude that variance boards like the ones involved in the present case must render findings to support their ultimate rulings.” Topanga Assn. for a Scenic Comm. v. County of Los Angeles (1974) 11 Cal.3d 506, 509-510. “We hold that regardless of whether the local ordinance commands that the variance board set forth findings, [FN Omt’d] that body must render findings sufficient both to enable the parties to determine whether and on what basis they should seek review and, in the event of review, to apprise a reviewing court of the basis for the board's action.” Id. at 513-514.
The Planning Commission here did not render findings to enable to the Applicant or the public to understand the basis for the Planning Commission’s actions. In failing to provide even one finding, 506
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the Planning Commission failed “… to bridge the analytic gap between the raw evidence and ultimate decision or order.” Id. at 515.
The lack of findings is also a clear violation of CMC § 20.23.090G as the Planning Commission made no adverse findings to deny the Project. In specific, the CMC requires the Planning Commission to “consider and clearly establish the following findings of fact, giving specific reasons as to how each of the findings has been met:
1. The proposed project is consistent with the goals and policies of the city's adopted general plan and/or applicable specific plan(s);
2. The proposed project is permitted within the zoning district in which it is proposed and complies with all applicable provisions of the city's zoning code;
3. The subject site is physically suitable, including, but not limited to, parcel size, shape, access and availability of utilities, for the type and intensity of development proposed;
4. The subject site relates to streets and highways properly designed, both as to width and type of pavement to carry the type and quantity of traffic generated by the proposed project;
5. The proposed project is compatible with those on abutting properties and in the surrounding neighborhood;
6. The proposed location, size, and operating characteristics of the proposed project will not be detrimental to the public interest, health, safety or general welfare;
7. The proposed project will not have a significant adverse impact on the environment; and
8. The minimum safeguards necessary to protect the public health, safety and general welfare have been required of the proposed project.” The Planning Commission abrogated its responsibility to consider and establish the abovementioned findings, and failed to give any specific reason as to how each finding has or has not been met. This is a clear violation of California law and the CMC.
II. Housing Accountability Act (“HAA”) Violations
The HAA “restricts the ability of local governments to deny an application to build housing if the proposed project complies with general plan, zoning, and design review standards that are ‘objective.’” Cal. Renters Legal Advoc. & Educ. Fund v. City of San Mateo (2021) 68 Cal.App.5th 820, 831 (“Cal. Renters”); see also id. at 835-836 (“the Legislature enacted in 1982 the HAA, 507
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colloquially known as the ‘Anti-NIMBY’ (Not-In-My-Back-Yard) law, and it has amended the statute repeatedly in an increasing effort to compel local governments to approve more housing.”).
The HAA provides that local governments may not disapprove any housing project that “complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the application was deemed complete,” unless the local government can make rarely-occurring health and safety findings. Id. at 836. Here, the HAA compels the City to approve this objectively zoning-compliant housing Project. See also Gov. Code, § 65589.5(h)(9).1
Government Code § 65589.5(j)(1) prohibits the denial of a housing development project unless it makes a finding that there is a specific adverse health and safety impact that cannot be mitigated any other way. Even if the Planning Commissioners were able to articulate potentially legally sustainable findings to deny the Project, the HAA’s express language recognizes that alleged “specific, adverse impacts” to public health or safety “arise infrequently.”2 There was no such finding, nor was there any finding for that matter – not even conclusory findings that would have been unlawful in any event.3 There is nothing in the record that would show that the infill Project’s 210 dwelling units would cause a specific adverse health and safety impact. The Planning Commission’s actions constitute a clear violation of the law as there was an absence of evidence to support any finding for denial of the Project.
The HAA (1) provides that local governments may not disapprove zoning-consistent housing projects unless rarely-occurring health and safety findings are made; (2) adopts a deferential “reasonable person” standard by which “borderline” projects are “deemed consistent”; (3) limits municipalities to only citing “objective” standards as grounds for disapproval; and (4) requires local governments to timely identify any basis for inconsistency. See Cal. Renters, 68 Cal.App.5th at 854 (“The HAA is today strong medicine precisely because the Legislature has diagnosed a sick patient.”). Recognizing that “the HAA has changed the legal landscape for considering [] challenges to [] consistency findings,” the Court of Appeal has found that these limits on an agency’s discretion to disapprove housing are relevant where, as here, the Planning Commission denied the Project without making any written finding of a specific adverse health and safety impact that cannot be mitigated any other way except through denial of the Project. In fact, under the required reasonable person requirement applying to objective standards, there simply is no legal plausible way for the City to deny the Project even if the Planning Commission had bothered to make written findings.
1 Receipt of a density bonus, incentive, or waiver “… shall not constitute a valid basis on which to find a housing development project is inconsistent, not in compliance, or not in conformity, with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision specified in this subdivision.” Government Code § 65589.5(j)(3).
2 Gov. Code § 65589.5(a)(3).
3 Save Livermore Downtown v. City of Livermore (2022), 87 Cal. App. 5th 1116, 1130. 508
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III. State Density Bonus Law (“SDBL”) Violation
By arbitrarily and capriciously denying the Project, the Planning Commission unlawfully denied the Project’s (1) density bonus, (2) incentive, and (3) waivers. Government Code § 65915(a)(1) mandates that the City comply with SDBL. Government Code § 65915(b)(1) further mandates that the City grant the requested density bonus, as well as the requested incentive and waivers; the Planning Commission violated the law by not approving any of these SDBL requests. The Planning Commission violated Government Code § 65915(d)(2) by not granting the Applicant’s requested incentive and further violated Government Code § 65915(d)(3) by not making any finding to deny the requested incentive. The Planning Commission additionally violated Government Code § 65915(d)(4) by not carrying its burden of proof to deny the requested incentive when it failed to make any finding to deny the requested incentive. The Planning Commission once again violated SDBL when it did not make any required finding to deny the requested waivers of development standards pursuant to Government Code § 65915(e).
While the Applicant appeals in the entirety the Planning Commission’s unsubstantiated denial, the Staff Report for the Project recommended denial of the requested incentive to avoid undergrounding a single utility pole; all other utilities would be undergrounded. Not undergrounding the single utility pole would save at least $500,000 and potentially much more given the existing utilities on the east side of Mountain Avenue that likely would need to also be undergrounded to accommodate undergrounding this one utility pole. The cost savings would provide for affordable housing costs, as the law requires.
Reduction of costs are especially important given the extensive and very costly public improvements that the City is requiring along Mountain Avenue and Riverside Drive, including widening each roadway; adding a southbound right turn lane on Mountain Avenue; adding rightof-way for a future second southbound Mountain Avenue left turn lane to eastbound Riverside Drive; installing sidewalk and parkway improvements; and relocating of the existing gas regulation station, which is comprised of above ground piping and two subterranean vaults along the easterly Project frontage due to the roadway widening that City staff is requiring. These are extraordinarily costly improvements, including the unanticipated gas regulation station relocation.
Neither City staff at the public hearing nor the City Staff Report clearly and unambiguously described the significant and very costly public improvements that the Applicant would provide.
City has not made fair share funding for these improvements available, further increasing the financial burden on the Project. Considering the extensive public improvements necessary to accommodate City staff requests, it is critical that the City provide cost savings to reduce the cost of providing affordable housing.
While the Staff Report indicated that undergrounding is necessary for a specific adverse health and safety justification, the City has failed to carry its burden of proof to deny the incentive. Above ground utility poles in the City constitute an existing general City-wide condition, not a new or proposed condition proposed by the Project, completely undercutting any claim that the incentive for a single above ground utility pole causes a specific adverse health and safety impact. If it was 509
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a specific adverse health and safety impact, the City would expeditiously remove the risk that above ground poles cause throughout the City where there are existing utility poles near a rightof-way. There obviously is no specific adverse health and safety impact because the City has taken no proactive actions to remove existing above ground utility poles throughout the City close to a right-of-way. Further, even if the City were able to carry its burden of proof to show that this one above ground utility pole causes a specific adverse health and safety impact, it has proposed zero mitigation that the law requires.
The Applicant would setback the utility pole farther away from Riverside Drive’s current curbline, farther away from the current flow of traffic. Additionally, the Applicant has proposed moving the utility pole into the new parkway, where landscaping would act as a buffer; there is no current buffer. Throughout the City, there are highly visible reflectors on such poles to improve visibility and protect against errant motorists and placement of such reflectors on the replaced utility pole would mitigate the City’s asserted health and safety impact. Further, the California Department of Housing and Community Development informed the City last week that installation of bollards would be a type of mitigation. The Applicant agrees and if the City is unwilling to place bollards, a more flexible crash barrier, such as one filled with sand surrounding the base of the utility pole, a berm, or a localized guardrail along Riverside Drive can be installed to further protect the utility pole from crashes. Please note that traffic signal infrastructure would further mitigate any crash hazard, perhaps indicating why there have not been any utility pole crashes in the vicinity of the Project site despite the fact that this is an existing condition.
Given that when an above ground utility line terminates, guying needs to happen, and the guy support would similarly be above ground. Please also note that due to existing utility lines that would remain east of Mountain Avenue along Riverside Drive, even if there were undergrounding of utilities, there would need to be an above ground pole on the Project site to guy the utility lines to the east. As such, undergrounding the single utility pole would not reduce the purported crash hazard as a pole would still remain to guy even with undergrounding; would therefore not improve aesthetics; and would not save hundreds of thousands of dollars necessary to provide for affordable housing. Simply put, there is no specific adverse health and safety impact that would occur due to replacing the one existing above ground pole, and even if there was, reasonable mitigation exists to attenuate the impact (assuming there is an impact, which there is not). Along with reversal of the denial of the Project, the City Council must also grant the incentive requested.
IV. Severe Penalties for Violating the Law
The HAA states: “California housing has become the most expensive in the nation. The excessive cost of the state’s housing supply is partially caused by activities and policies of many local governments that limit the approval of housing, increase the cost of land for housing, and require that high fees and exactions be paid by producers of housing.” See Gov. Code § 65589.5(a)(B).
Accordingly, the legislature determined that “[i]t is the policy of the state that [HAA] be interpreted and implemented in a manner to afford the fullest possible weight to the interest of, and the approval and provision of, housing…”
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Instead of furthering housing, including much needed affordable housing at this zoning compliant and General Plan compliant site in full conformity with the City’s recently adopted Housing Element and Affordable Housing Overlay Zone, the Planning Commission went rogue. Without providing a single written finding to support its denial, the Planning Commission’s actions would further make attainment of City housing goals out of reach. The need for housing in the City is acute and well documented. The City has a 6,978 dwelling unit Regional Housing Needs Allocation (“RHNA”) requirement. To date, during this 6th Cycle RHNA, the City has attained only 19.4 percent of its total RHNA, and not even one percent of its low income RHNA requirement.4
In addition to violating the SDBL, the City’s unlawful denial under the HAA will subject the City to claims for attorney’s fees, penalties and fines “in a minimum amount of ten thousand dollars ($10,000) per housing unit,” and other relief.5 For a 210-unit project, this exposure alone represents a minimum of $2,100,000 in penalties.
The Planning Commission’s actions also constitute bad faith. Bad faith “includes, but is not limited to, an action or inaction that is frivolous, pretextual, intended to cause unnecessary delay, or entirely without merit.”6 After Applicant’s counsel informed the Planning Commission of its limited discretion to (a) deny the Project or (b) impermissibly lower density, Commissioner Alexandris thanked the Applicant’s counsel for informing the Commission about the law – but that he already knew the law’s boundaries. And despite being informed by the Applicant’s counsel and also the City Attorney, and by his own purported knowledge, Commissioner Alexandris did the opposite of complying with the law: he spearheaded the Commission’s opposition to the Project to deny the Project without making any of the legally required findings to potentially deny the Project. Commissioner Alexandris intentionally voted to violate the law even though he purported to know the law. Commissioner Vieira, another apparent Project opponent articulated a generalized concern about “traffic” and the need to conduct a traffic study, when in fact there was a thorough traffic study thoroughly vetted by the City included in the Planning Commission’s agenda packet. In any event, the generalized concern regarding traffic, is not a specific adverse health and safety impact caused by the Project. And there was no written finding whatsoever as required by the HAA for a denial. As for Vice Chair Lopez who only enforced a time limit on one speaker, i.e., the Applicant’s legal counsel, he did not verbalize any justification for denying the Project, even after at least five deadlock votes of 3-3.
The TNHC Canyon Oaks LLC v. City of Calabasas (2023) Super. Ct. L.A. County, No. 21STCP01819 (“TNHC Canyon Oaks LLC”) decision underscores the severe consequences that follow when a local agency fails to discharge required statutory obligations. There, the court 4 City has only permitted ten of 1,284 low income dwelling units during this RHNA compliance period. See https://www.hcd.ca.gov/housing-open-data-tools/apr-dashboard accessed June 19, 2026. The Project would provide a more than 200 percent increase in the amount of low income housing already permitted during this compliance period.
5 Gov. Code § 65589.5(k)(1)(B); see also Gov. Code § 65915(d)(3); Gov. Code § 65589.5(k)-(l). 6 Gov. Code § 65589.5(l).
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concluded that the City of Calabasas acted in “bad faith” and ordered the City to approve the project outright.7 The court emphasized that the City Council’s reliance on “inapplicable municipal code sections and subjective General Plan policies” and its “speculation in dismissing the staff’s recommendations” demonstrated that the City’s “actions do not inspire confidence that they would attempt to comply with the HAA in good faith on remand.”8 The City should take heed of this precedent given the direct evidence of bad faith at Wednesday night’s hearing by the Planning Commission. When there is a finding of bad faith, a court may increase the fine by a factor of five,9 potentially resulting in the City’s taxpayers paying fines in excess of $10,000,000 plus attorneys’ fees.
The Applicant reserves all rights and remedies under the SDBL, the HAA, and all other applicable laws. We urge the City Council to strictly comply with state housing law and permit the Project to move forward expeditiously and with approval of the requested density bonus component, including the requested incentive and waivers.
Sincerely yours,
HOLLAND & KNIGHT LLP
Ryan M. Leaderman
cc: Maria Staar
Fred Galante, Esq.
Tim Stanley
Karen Alves
Clarke Campion
California Department of Housing and Community Development California Housing Defense Fund
Californians for Homeownership
YIMBY Law
Housing Action Coalition
People for Housing
7 TNHC Canyon Oaks LLC at 17.
8 TNHC Canyon Oaks LLC at 17.
9 Gov. Code § 65589.5(l).
512
513
From: JAMES GLASER
Sent: Wednesday, August 26, 2026 8:07 AM
Subject: [EXT EMAIL] PL25-0022
I strongly disagree with the request to construct a 3-story 210-unit rental community. My reasoning is it doesn't fit this residential community. The area around this community has ONLY 1 and 2-story homes, apartments and condos. Putting a 3-story complex along with the extra vehicles, people and congested roadways only makes this area a high potential for a huge loss in the quality of life. We, the residents of the area of Chino, deserve a quality of life that represents what Chino has to offer. This 3-story complex does not fit that requirement for us. Please reconsider reducing the complex to no more than a 2-story complex that will keep Chino respectful of the residents that have been in this community for years and continue to grant them their quality of life.
Thank You
Jim Glaser
Chino, Ca. 91710
514
July 1, 2026
Mayor Eunice Ulloa
Mayor Pro Tem Curtis Burton
Council Member Karen Comstock
Council Member Christopher Flores
Council Member Marc Lucio
Chino City Council
13220 Central Avenue
Chino, CA 91710
Re: Unlawful Constructive Denial of the Housing Development Project at 6210 Riverside Drive — Urging Approval and Notice of Complaint to HCD
Dear Mayor Ulloa and Honorable Councilmembers:
The Housing Action Coalition (HAC) writes to urge you to approve the 210-home project at 6210 Riverside Drive when it reaches Council. At its June 17, 2026 hearing, the Planning Commission failed to carry any motion on the project — neither approving it nor denying it — after repeated deadlocked votes. That failure to act is a constructive denial of a housing project:
it produces the legal effect of a denial, but was reached without any of the findings state law requires to deny a project and without any of the findings Chino's own code requires to approve one. Either way, the result is an unlawful denial of an infill project that is consistent with Chino's General Plan, zoning code, and recently adopted Housing Element, and that includes 21 homes affordable to lower-income families. If that outcome is allowed to stand, it will expose Chino's taxpayers to substantial financial penalties, as well as potential decertification of the city's Housing Element and total loss of local zoning control. We are also notifying you that HAC is filing a complaint with the California Department of Housing and Community Development (HCD), and you should expect to hear from the state.
HAC is a member-supported nonprofit representing more than 175 organizations across California's infill housing ecosystem — affordable and market-rate builders, architects, engineers, labor, and community partners — united by the conviction that California's affordability and displacement crisis can only be solved by building more homes at every income level. We engage where local decisions defy established state housing law. This is one of those cases.
The constructive denial violates multiple state housing laws The Planning Commission's failure to act runs headlong into at least three bodies of state law:
No findings, in violation of state law and Chino's own code. The Commission reached no outcome supported by a single finding. It made none of the eight findings of fact that Chino 515
Municipal Code § 20.23.090G requires before a project may be approved, and none of the specific, written health-and-safety findings the HAA requires before a project may be denied.
California courts have required since Topanga Assn. for a Scenic Community v. County of Los Angeles (1974) 11 Cal.3d 506 that bodies like this one issue findings sufficient to bridge the gap between the evidence and the decision. By letting the project fail on deadlocked votes with no findings either way, the Commission produced the effect of a denial while sidestepping every safeguard the law attaches to one.
The Housing Accountability Act (HAA). Government Code § 65589.5 bars a local government from denying — including by declining to approve — a housing project that complies with objective general plan, zoning, and design-review standards, unless it makes a specific, written finding that the project would create an unmitigable adverse impact on public health or safety. By the applicant's account — and consistent with the staff analysis — this is a zoning- and General Plan-consistent infill project requiring only site plan approval. No qualifying health-and-safety finding was made, because none could be. Generalized invocations of “character,” “traffic,” “parking,” and “density” are precisely the subjective objections the HAA was enacted to foreclose.
State Density Bonus Law (SDBL). Because the project provides affordable units, Government Code § 65915 entitles the applicant to the requested density bonus, incentive, and waivers, and prohibits the City from treating those entitlements as a basis for finding the project inconsistent.
The Commission left the project and its single requested incentive — relief from undergrounding one utility pole — without acting, and without making any of the findings the statute requires to deny an incentive or carrying the City's burden of proof. Notably, HCD has already advised the City that the asserted safety concern over that pole can be mitigated, including through bollards.
The applicant has offered that and several additional mitigations.
Refusing to reverse course carries serious consequences for Chino This is not an abstract risk. The HAA and SDBL attach real penalties when a city unlawfully denies housing, including by failing to act on it:
1. Statutory fines of at least $10,000 per unit. For a 210-home project, that is a minimum exposure of $2.1 million — paid by Chino's taxpayers.
2. A fivefold multiplier for bad faith. Where a court finds a denial frivolous, pretextual, or without merit, it may increase the fine by a factor of five — pushing potential exposure above $10 million, plus the applicant's attorneys' fees.
3. A court order to approve the project outright. In TNHC Canyon Oaks LLC v. City of Calabasas (2023), the court found bad faith and ordered the city to approve the project — after the city had spent public funds litigating a loss. Chino will likely arrive at the same destination, only poorer and later.
4. State enforcement and loss of Housing Element compliance. HCD's Housing Accountability Unit can find a violation, request corrective action, refer the matter to the Attorney General, and move to revoke the City's Housing Element certification — which jeopardizes Chino's eligibility for state funding and its protection from the “builder's remedy.”
516
The need for these homes is acute — and Chino is far behind on its commitments Beyond the legal exposure, it is deeply troubling to watch desperately needed homes turned away in the middle of a housing crisis. Chino's Regional Housing Needs Allocation for this cycle is 6,978 homes. To date the City has permitted only about 19 percent of that total — and fewer than 1 percent of its lower-income obligation, just ten of 1,284 required lower-income homes.
This single project would more than triple the lower-income housing Chino has permitted this entire cycle. Denying it does not protect the community; it deepens the shortage that prices Chino's own residents, workers, and children out of the city they call home.
The objections raised at the Planning Commission — that the project is “too dense,” that it would bring “traffic,” that it does not fit the “character” of the neighborhood — are neither morally nor legally compelling. The Legislature has heard those arguments for decades and rejected them as a lawful basis to deny housing. Chino should too.
Notice of complaint to HCD
HAC is filing a complaint with HCD's Housing Accountability Unit regarding the City's actions on this project. We understand the applicant previously sought technical assistance on the incentive denial, and that HCD has already weighed in. We are adding our voice in light of this latest escalation on the part of the Planning Commission. You should expect to hear from the state.
The bottom line
We respectfully urge the City Council to grant the appeal and approve the project — including the requested density bonus, incentive, and waivers — and bring this matter to a lawful resolution at the earliest possible hearing. Doing so is not only what the law requires; it is the right thing to do for the families who need these homes and for the taxpayers who would otherwise foot the bill for an indefensible fight.
We are glad to serve as a resource and to provide testimony at the appeal hearing. Please don't hesitate to contact me.
Sincerely,
Jesse Zwick
Southern California Director | Housing Action Coalition 811 West 7th Street, Suite 900, Los Angeles, CA, 90017
Cell: (213) 537-3689 | Office: (415) 300-0967
cc: California Department of Housing and Community Development, Housing Accountability Unit
517
MEMORANDUM
CITY OF CHINO
COMMUNITY SERVICES, PARKS & RECREATION DEPARTMENT
CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2026
TO: LINDA REICH, CITY MANAGER
FROM: SILVIA AVALOS, DIRECTOR OF COMMUNITY SERVICES, PARKS &
RECREATION
SUBJECT
..titl e
Naming of park site located in Block 1 at The Preserve. ..end
RECOMMENDATION
..recommendation
Adopt the name “Harmony Park” as the name of the new park to be part of Block 1 at The Preserve.
..body
FISCAL IMPACT
There is no fiscal impact.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
Positive City Image
Responsible Long-Range Planning
Revenue: Expenditure:
Transfer In: Transfer Out:
518
CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2026
TITLE: NAMING OF PARK SITE LOCATED IN BLOCK 1 AT THE PRESERVE.
PAGE: 2
BACKGROUND
The City’s park naming guidelines provide several steps during the process. First, a list of potential park names is compiled from suggestions submitted by the public, City staff, and the developer. The suggestions are then forwarded to the Community Services, Parks & Recreation Commission for review. The Commission has the option to review the names as an entire body or through a Sub-Committee prior to making a final recommendation to the full Commission. The Commission’s final recommendation is then forwarded to the City Council for final adoption. The park naming guidelines allow a park or facility to be named after an individual, living or deceased, who has provided a significant contribution to the development or improvement of the quality of life in the City (i.e. Ruben S. Ayala Park, Fred Aguiar Square, Carolyn Owens Centennial Square). Further, the park sites can be based on themes that characterize the individual park sites, such as neighborhood street names or significant site landmarks (i.e. Liberty Park, Walnut Park, Mountain View Park).
The development of The Preserve area includes the construction of a park required by the development agreement with Lewis Operating Companies (LOC). As conditioned by The Preserve Development Agreement, the developer is required to design and construct a park in lieu of paying development impact fees for these facilities.
Unlike other City park development projects, the park sites in The Preserve are designed and constructed prior to residents moving into the neighborhoods adjoining the proposed park sites.
In those cases, the parks are being constructed prior to or during construction of the adjacent tracts in order to have the parks completed when the model homes open to the public. As part of the design process, the developer selects park names that coincide with the housing tract development as part of their desire to develop inclusive communities.
ISSUES/ANALYSIS
LOC is currently developing a three-acre public park within The Preserve community as part of a new development called Block 1 at The Preserve. At this time, there is no estimated start date for construction or an anticipated opening date for the park. The timing of the construction of the park will be largely driven by the pace of sales within the community.
The project site is located south of Pine Avenue, west of W. Preserve Loop, and north of Legacy Park Street. Key features of the park include a walking loop lined with Cherry trees, traditional Chinese garden, arbor, chess and board game area, fitness equipment, dog park, and tot lot.
The City received 18 park name proposals from community members. The names proposed were:
1. Abacherli Park
2. Allen P. McCombs Heritage Park
3. Cadet Commons Park
4. Cultivate Chino Park or Cultivate Park or Preserve Origins Park or The Origins at The Preserve
5. Dairy Pioneers Park
6. Dairymen Park
7. Dennis R. Yates Park
8. Dutchmen Park
9. Eunice Ulloa Community Park
519
CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2026
TITLE: NAMING OF PARK SITE LOCATED IN BLOCK 1 AT THE PRESERVE.
PAGE: 3
10. Great Thinkers Park
11. Heritage Grove/Blossom Park
12. Floral Park or Fluorescent Park or Pollen Park
13. Harmony Park
14. Pine Grove Park
15. Preserve Harmony Park
16. Revelations Park
17. Russell M. Miller Sr. Memorial Park
18. The Heart of Cherry Blossoms Park
The Park Naming Sub-Committee met on July 2, 2026, and is comprised of Chairperson Jerry and Commissioners Cooper and Montenegro-Olivas. Following its review, the Sub-Committee determined that given the park's size and planned amenities, that naming the park after an individual community member was not appropriate for this park development. Instead, the SubCommittee concluded that commemorating a community member would be better suited for a larger community park where the park's theme and amenities could be thoughtfully designed to honor the individual's legacy and showcase their contributions to Chino.
The Sub-Committee identified three names that best aligned with the park's overall theme and design: Harmony Park, Preserve Harmony Park, and Cherry Blossom Park.
At July 27, 2026, Community Services, Parks & Recreation Commission meeting, the Commission voted in favor of Harmony Park as it best reflects the park’s overall theme and design. Staff is requesting City Council adopt Harmony Park as the name for Block 1 at The Preserve park site.
Attachment: Arial Map and Conceptual Site Design
520
521
Chino Preserve Development Corp.
1156 North Mountain Avenue
P. O. Box 670
Upland, California 91785
909.946.7523
JOB# 23-006 DATE: 5-9-24
BLOCK 1 AT THE PRESERVE MSA-12
HARMONY PARK ENLARGEMENT PLAN
"D" STREET
"F" STREET
"I" STREET "K" STREET
AMENITIES LEGEND
2 3
4 5
6 7
8 1
2 4
5 6
7 PLANT LEGEND
"A" STREET
TRADITIONAL GARDEN ENTRY PORTALS
STRETCHING & WORK OUT NODES ALONG LOOP (3 TOTAL)
CHESS & BOARD GAMES UNDER WISTERIA ARBOR
STROLLING LOOP LINED WITH CHERRY TREES - 845 LF
SEMI ENCLOSED MOUNDED CHINESE GARDEN WITH
ROCKS, SCREENS, DECORATIVE PAVING & SEATING
DOG PARK
RESTROOM
UNIQUE TOT LOT
1 SYMBOL
TREES
BOTANICAL NAME COMMON NAME SIZE
BAUHINIA PURPUREA PURPLE ORCHID TREE 24" BOX
PRUNUS x 'KANZAN'
PRUNUS C. 'THUNDERCLOUD'
KANZAN FLOWERING CHERRY
THUNDERCLOUD PURPLE-LEAF PLUM
24" BOX
24" BOX
ULMUS PARVIFOLIA LACEBARK ELM 24" BOX
PODOCARPUS HENKELII
GINKGO BILOBA
MAGNOLIA SPECIES
LONG LEAFED YELLOW WOOD
MAIDENHAIR TREE
MAGNOLIA TREE
24" BOX
24" BOX
24" BOX
24" BOX
24" BOX
(LOCATION: MOUNDED CHINESE GARDEN)
PODOCARPUS HENKELII
PINUS THUNBERGII
STREET TREES
LONG LEAFED YELLOW WOOD
JAPANESE BLACK PINE
3 8
522
MEMORANDUM
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2026
TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS
SUBJECT
..titl e
Amendment No. 2 to the Construction Reimbursement Agreement and Partial Acceptance of Improvements for the Ontario Ranch Business Park Project (referred to as the REDA Project) - Merrill Avenue Widening, Interconnect, and Euclid Avenue Median Improvements Project R2501.
..end
RECOMMENDATION
..recommendation
1) Accept the completed portions of the public improvements associated with the Merrill Avenue widening and Euclid Avenue improvements; 2) approve a budget increase for Project R2501 – Merrill Avenue Widening, Interconnect, and Euclid Avenue Median Improvements for the remaining change order work and landscaping on Merrill Avenue, increasing the project budget by $984,250 for a revised total project budget not to exceed $18,677,118; 3) appropriate $868,150 to Transportation Fund 320 and approve an immediate budget transfer in the same amount from The Preserve Circulation Development Impact Fee Fund (Fund 260); 4) appropriate $116,100 from the Euclid Ave. Relinquishment Program; 5) approve an Amendment No. 2 to the Construction Reimbursement Agreement between the City of Chino and Euclid Land Venture, LLC, a Delaware limited liability company, increasing the reimbursement amount by $984,250 for a total not-to-exceed amount of $18,677,118; and 6) authorize the City Manager to execute all the necessary documents on behalf of the City. ..body
FISCAL IMPACT
Increase the Project R2501 budget by $984,250, with corresponding budget transfers of $868,150 from The Preserve Circulation Development Impact Fee Fund 260 and an appropriation of $116,100 from the Euclid Ave Relinquishment Reserves Program. Sufficient funds are available in all the funds listed below for this purpose.
Funding Source Current Budget AppropriationAmendment Revised Budget Scannell Deposit
(Fund 320-35335)
$ 4,764,984 $ - $ 4,764,984
Preserve DIF
(Fund 260)
$ 5,274,329 $868,150 $ 6,142,479
Citywide DIF
(Fund 220)
$ 4,344,528 $ - $ 4,344,528
523
CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2026
TITLE: AMENDMENT NO. 2 TO THE CONSTRUCTION REIMBURSEMENT AGREEMENT
AND PARTIAL ACCEPTANCE OF IMPROVEMENTS FOR THE ONTARIO RANCH BUSINESS
PARK PROJECT (REFERRED TO AS THE REDA PROJECT) - MERRILL AVENUE
WIDENING, INTERCONNECT, AND EUCLID AVENUE MEDIAN IMPROVEMENTS PROJECT R2501.
PAGE: 2
Funding Source Current Budget AppropriationAmendment Revised Budget Euclid Deposits
(Fund 220-24270)
$ 3,309,027 $ - $ 3,309,027
Euclid Ave
Relinquishment Funds
(Fund 1007135-
Reserves)
$ - $116,100 $ 116,100
Total Budget $17,692,868 $984,250 $18,677,118
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
Positive City Image
Financial Stability
Responsible Long-Range Planning
Public Service Excellence through Internal and External Partnerships Revenue: Click or tap here to enter text. Expenditure: Various Funds listed in chart Transfer In: Click or tap here to enter text. Transfer Out:
524
CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2026
TITLE: AMENDMENT NO. 2 TO THE CONSTRUCTION REIMBURSEMENT AGREEMENT
AND PARTIAL ACCEPTANCE OF IMPROVEMENTS FOR THE ONTARIO RANCH BUSINESS
PARK PROJECT (REFERRED TO AS THE REDA PROJECT) - MERRILL AVENUE
WIDENING, INTERCONNECT, AND EUCLID AVENUE MEDIAN IMPROVEMENTS PROJECT R2501.
PAGE: 3
BACKGROUND
In 2020, the City of Ontario Planning Commission approved Parcel Map No. 20016 for Euclid Land Venture, LLC (“Developer”). The approximately 80.65-acre industrial and business park includes seven warehouse buildings totaling up to 1.676 million square feet. The Project is generally bound by Eucalyptus Avenue, Sultana Avenue, Merrill Avenue, and Euclid Avenue within the Ontario Ranch Business Park Specific Plan area (Exhibit A).
As a condition of approval, the Developer was required to construct public improvements along Merrill Avenue and Euclid Avenue, including improvements located within the City of Chino. On October 18, 2022, the Developer entered into a Public Improvement Agreement with the City and provided the required securities for completion of the improvements (Exhibit B).
Merrill Avenue Improvements
Along Merrill Avenue, the Developer was conditioned by the City of Ontario to construct roadway improvements adjacent to Chino Airport, including street pavement, traffic signals, signing and striping, curb and gutter, and storm drain facilities. The City and Developer subsequently agreed to expand the scope to provide a more complete ultimate improvement, including sidewalks, parkway landscaping, streetlights, and traffic signal interconnect improvements. The expanded scope required additional funding beyond the improvements originally required as a condition of the development.
Funding for the expanded scope included a $5.0 million contribution received from the Scannell/FedEx project for improvements specifically along the Chino Airport perimeter. A portion of the contribution funded an airport right-of-way survey, with the remaining funds allocated toward eligible Merrill Avenue improvements. Costs not covered by the developer contribution are eligible for funding through the Preserve Circulation Development Impact Fee (DIF) Program.
Euclid Avenue Improvements
The Project also includes construction of the raised median, traffic signal modifications, and other associated public improvements along Euclid Avenue between Merrill Avenue and Eucalyptus Avenue. Development along the Euclid Avenue corridor has historically contributed in-lieu-of-construction deposits toward the raised median improvements. These available deposits are being applied to the Project, with remaining eligible costs funded through the Citywide Circulation DIF Program, consistent with the Preserve DIF Program, which includes median improvements south of Kimball Avenue.
Reimbursement Agreement
On June 10, 2024, staff presented the proposed Merrill Avenue and Euclid Avenue improvements and funding approach to the Infrastructure and Streets Committee. The Committee expressed no objections to proceeding to the City Council. Subsequently, on July 30, 2024, the City and Developer executed a Construction Reimbursement Agreement 525
CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2026
TITLE: AMENDMENT NO. 2 TO THE CONSTRUCTION REIMBURSEMENT AGREEMENT
AND PARTIAL ACCEPTANCE OF IMPROVEMENTS FOR THE ONTARIO RANCH BUSINESS
PARK PROJECT (REFERRED TO AS THE REDA PROJECT) - MERRILL AVENUE
WIDENING, INTERCONNECT, AND EUCLID AVENUE MEDIAN IMPROVEMENTS PROJECT R2501.
PAGE: 4
establishing a total project budget of approximately $15.7 million and the framework for reimbursement of eligible improvement costs (Exhibit C).
On September 30, 2025, staff provided the Infrastructure and Streets Committee with an update on construction progress, expenditures, and the anticipated budget adjustment. As construction progressed, several unforeseen field conditions, scope changes, and additional construction costs were identified, resulting in an increase to the estimated project cost from approximately $15.71 million to $17.69 million. These increases were partially offset by project savings, unused contingency, and the Developer maintaining 2022-unit pricing with All American Asphalt.
On December 2, 2025, the City Council approved Amendment No. 1 in the amount of $1,983,767 to the Construction Reimbursement Agreement, increasing the total not-to-exceed reimbursement amount to $17,692,868 to address the revised project costs and funding requirements (Exhibit D).
Agreement Not-to-Exceed Amount
Original Agreement $15,709,100
Amendment No. 1 $ 1,983,767
$17,692,867
ISSUES/ANALYSIS
In July 2026, staff provided the Infrastructure and Streets Committee with an update on the status of the Merrill Avenue and Euclid Avenue improvements, including construction progress, current expenditures, and the anticipated budget adjustment needed to complete the project.
The installation of parkway landscaping on Merrill Avenue was also discussed, and the Committee suggested that staff explore whether the County of San Bernardino (County) could participate in the cost of installing these improvements since they will front Chino Airport.
Following the Committee’s suggestion, staff reached out to the County to discuss potential costsharing opportunities. Although the County has not provided a definitive commitment to reimburse the City for any costs, staff will continue to coordinate with the County to determine whether reimbursement or other cost-sharing may be available in the future.
Construction of the Merrill Avenue and Euclid Avenue improvements is substantially complete.
The City of Ontario accepted the improvements constructed within its jurisdiction on April 13, 2026, with only limited improvements remaining. Within the City of Chino, the remaining work consists primarily of various approved change order work and the completion of parkway landscaping, sidewalk, and related improvements on Merrill Avenue.
As construction progressed, several additional eligible work items were identified that were not included in the original project scope. These items resulted from unforeseen field conditions, design and scope refinements, and additional improvements requested or supported by City staff following the relinquishment of Euclid Avenue. A significant portion of the additional funding is needed to cover the cost of installing the parkway landscaping along Merrill Avenue. Although the project budget includes contingency funds and savings from work that was ultimately not performed, those funds are insufficient to cover all remaining eligible costs. Accordingly, staff is 526
CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2026
TITLE: AMENDMENT NO. 2 TO THE CONSTRUCTION REIMBURSEMENT AGREEMENT
AND PARTIAL ACCEPTANCE OF IMPROVEMENTS FOR THE ONTARIO RANCH BUSINESS
PARK PROJECT (REFERRED TO AS THE REDA PROJECT) - MERRILL AVENUE
WIDENING, INTERCONNECT, AND EUCLID AVENUE MEDIAN IMPROVEMENTS PROJECT R2501.
PAGE: 5
requesting Amendment No. 2 to the Construction Reimbursement Agreement in the amount of $984,250 (Exhibit E), which will provide the additional funding necessary to reimburse the Developer for the remaining eligible improvements and associated costs required to complete the project.
Staff is also recommending acceptance of the completed improvements within the City’s rightof-way up to the curb & gutter, as shown in Exhibit F. The improvements recommended for acceptance as part of this action have been constructed in accordance with the City’s standards and specifications, including applicable accessibility requirements, and have been completed to the satisfaction of the Public Works Inspector. The improvements that are not included in this acceptance and remain under construction will be presented for acceptance at a later date upon completion.
On July 15, 2026, staff conducted a final walkthrough of the improvements included in this acceptance, and all punch list items identified for those improvements were subsequently completed. Because the improvements were substantially complete and the period between the final walkthrough and the anticipated City Council acceptance is relatively short, staff determined that establishing July 15, 2026, as the commencement of the warranty period presented minimal risk to the City. This approach also allowed the warranty period to begin while the City Council was dark during August rather than delaying its commencement until the next available City Council meeting. Accordingly, July 15, 2026, was established by staff as the start of the one-year warranty period. Security for the one-year warranty period has been provided to the City, and under the warranty bond obligation, the Developer remains responsible for correcting any defects identified during the warranty period.
Upon acceptance, the completed improvements will become the sole and exclusive property of the City, and the City will assume responsibility for their operation and maintenance. The anticipated maintenance responsibilities for the accepted improvements are summarized below:
Maintenance Obligations:
Public Street Sweeping: By the City
Storm Drain Catch Basins: By the City
Traffic Signals: City of Ontario
Euclid Median Landscape: City of Ontario
Accessibility
The improvements recommended for acceptance are limited to those within the public right-ofway up to the curb & gutter, as shown in Exhibit F. It does not include the remaining sidewalk, parkway landscaping, streetlight, traffic signal interconnect, and curb ramp improvements that are still under construction. These improvements will be presented to the City Council for acceptance upon completion.
Attachments:
Exhibit A - Location Map, PM 20016
527
CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2026
TITLE: AMENDMENT NO. 2 TO THE CONSTRUCTION REIMBURSEMENT AGREEMENT
AND PARTIAL ACCEPTANCE OF IMPROVEMENTS FOR THE ONTARIO RANCH BUSINESS
PARK PROJECT (REFERRED TO AS THE REDA PROJECT) - MERRILL AVENUE
WIDENING, INTERCONNECT, AND EUCLID AVENUE MEDIAN IMPROVEMENTS PROJECT R2501.
PAGE: 6
Exhibit B - Fully Executed Public Improvement Agreement Exhibit C - Fully Executed Construction and Reimbursement Agreement Exhibit D - Fully Executed Amendment No. 1 Construction and Reimbursement Agreement Exhibit E - Amendment No. 2 Construction and Reimbursement Exhibit F – Public Improvements Atlas
528
529
Contract # 2023- 159
Approved: 10/ 18/ 2022
PUBLIC IMPROVEMENT AGREEMENT
by and between
CITY OF CHINO
and
EUCLID LAND VENTURE, LLC
01225. 0005/ 784688. 1
530
PUBLICIMPROVEMENT AGREEMENT BETWEEN
THE CITY OF CHINO
AND
EUCLID LAND VENTURE, LLC
Agreement Date; October 18, 2022
Developer Name: Euclid Land Venture, LLC
Description: Euclid Land Venture, LLC to construct the Ontario Ranch Business Park (ORBP) consisting of eleven parcels totaling 80. 653 acres in the City of Ontario located east of Euclid Avenue, north of Merrill Avenue, west of the unimproved right-of-way ofSultana Avenue and south of Eucalyptus Avenue.
Estimated Total Cost ofImprovements: $ 6, 241, 300. 00
Security:
Bond No.:
Surety:
01225. 0005/ 784688. 1
531
Deslgnees for the Service of Written Notice:
CITY: DEVELOPER
Jesus Plasencia
Assistant City Engineer
Euclid Land Venture, LLC
Attn: Jeff Johnston
13220 Central Avenue
Chino, CA 91710
4450 MacArthur Boulevard, Suite 100
Newport Beach, California 92660
909) 334- 3417 ( 949) 945- 6809
iiohnston(5) redaiic. com
CITY PROJECT INSPECTOR
Isaac Ortega
Permit & inspection Supervisor
13220 Central Avenue
Chino. CA 91710
909) 334- 3501
iorteaa( a>citvofchino. ora
01225, 0005^84688. 1
532
TABLE OF CONTENTS
1. Constnjction Obligations
1. 1 Works of improvement
1. 2 Other Obligations Referenced in Conditions of Approval
1. 3 Intent ofPlans
1. 4 Survey Monuments
1. 5 Performance ofWork
1. 6 Changes jn the Work
1. 7 Defective Work
1. 8 No Warranty by City
1. 9 Authority ofthe City Engineer
1. 10 Documents Available atthe Site
1. 11 Inspection
1. 12 Compliance With Law; Applicable Standards for Improvements
1. 13 Suspension of Work
1. 14 Erosion and Dust Control and Environmental Mitigation
1. 15 Final Acceptance of Works of Improvement
1. 16 Vesting of Ownership
1. 17 Developer' s Obligation to Warn Public During Construction
1. 18 Injury to Public Improvements, Public Property or Public Utility
2. Time for Performance
2. 1 Commencement and Completion Dates
2. 2 Liquidated Damages for Delays
2. 3 Force Majeure
2. 4 Continuous Work
3. Labor
3. 1 Labor Standards
3. 2 Nondiscrimination
3. 3 Licensed Contractors
3. 4 Workers' Compensation
4. Security
4. 1 Required Security
4. 2 Form ofSecurity Instruments
4. 3 Developer' s Liability
4. 4 LettersofCredit
4. 5 Release ofSecurity Instruments
01225. 0005/ 784688. 1
533
5. Cost of Construction and Provision of Inspection Service
5. 1 Developer Responsible for Aii Related Costs of Construction
5. 2 Payment to City for Cost of Related Inspection and Engineering Services
5. 3 Payment of Development Impact Fees
6. Acceptanceof Offers of Dedication
7. Warranty of Work
8. Default
8. 1 Default by Developer
8. 2 Remedies
8. 3 Remedies Not Exclusive
8. 4 Attorney' s Fees and Costs
8. 5 Waiver
9. Indemnity/ Hold Harmless
10. Developer' s Indemnity ofProject Approval
11. Insurance Requirements
12. Environmental Warranty
13. GeneralProvisions
13. 1 Successors and Assigns
13. 2 No Third Party Beneficiaries
13. 3 No Vesting; Rights
13. 4 Developer Is Not Agent of City
13. 5 Time ofthe Essence
13. 6 Notices
13. 7 No Apportionment
13. 8 Severablllty
13. 9 Captions
13. 10 Incorporation of Recitals
13. 11 Interpretation
13. 12 Entire Agreement; Waivers and Amendments
13. 13 Counterparts
14. Authority
01225. 0005/ 784688. 1
534
PUBLIC IMPROVEMENT AGREEMENT
THIS PUBLIC IMPROVEMENT AGREEMENT (this "Agreement") Is entered into this 18^ day of October, 2022, by and between the CITY OF CHINO, a municipal corporation, organized and existing in the County ofSan Bernardino, under and by virtue ofthe laws ofthe State of California, (" CITY"), and Euclid Land Venture, LLC (" DEVELOPER").
RECITALS
A. Developer is the owner of certain real property located in the City of Ontario, County of San Bernardino, State of California ( the " Propert/), as described on Exhibit " A", which Developer proposes to develop and construct certain works of improvement thereon, as hereafter setforth.
B. Developer has applied for and received City of Ontario approval to construct warehouse buildings for the Ontario Ranch Business Park, located north of Chino. ( the Project").
C. The City desires to assure that certain public infrastructure improvements proposed for the Project and located in the City of Chino will be constructed in a good workmanlike manner and in accordance with all applicable laws, statues, ordinances, resolutions and regulations now in force and effect in the City of Chino and the State of California, all of which are incorporated herein.
D. The Developer acknowledges familiarity with the various requirements for public improvements contained in the Chino Municipal Code and agrees to comply therewith.
COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference.
Developer agrees to timely perform all of its obligations as setforth herein.
1. Construction Obligations.
1. 1. Works of Improvement. Developer agrees, at its sole cost and expense, to construct or install, or cause to be constructed or installed the street, drainage, landscaping, utility, and other improvements more fully described in Exhibit " B" attached hereto as well as the work identified in the plans listed in the Drawing Log as a part of Exhibit B (the "Works of Improvement"), as the same may be supplemented and revised from time to time as set forth in this Agreement, together with all related documents, ( the " Plans"). The estimated construction costforthe Works ofImprovement is $6, 241, 281. 75.
1. 2. Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing. Developer shall satisfy all of the other Conditions associated with the Project and the Property. The Conditions associated with the Map are included in Exhibit " B" attached hereto.
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1. 3. Intent of Plans. The intent of the Plans referenced in Section 1. 1 is to prescribe a complete work of improvement which Developer shall perform or cause to be performed in a manner acceptable to the City Engineer, ( or designee), and in full compliance with all codes and the terms of this Agreement. Developer shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for Developer' s contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Developer or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final.
Developer recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer' s prior written approval, no change shall be made by Developer or its contractor to any plan, specification, or working or shop drawing after it has been stamped as approved.
1. 4. Performance of Work. Developer shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Developer' s obligations under this Agreement.
1. 5. Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order reasonable extra work or may make reasonable changes consistent with the original intended scope of work by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. These changes shall not significantly expand the scope of work originally intended under the Plans, without Developer' s written approval. The City Engineer shall notify Developer or its contractor in writing ( by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Developer or its contractor shall be binding on City unless approved in writing by the City Engineer. The City and Developer shall mutually agree upon changes to the Works of Improvement, subject to the security requirements in Section 4.
1. 6. Defective Work. Developer shall repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective.
1. 7. No Warrantv bv Citv. The Plans for the Works of Improvement have been prepared by or on behalf of Developer or its consultants or contractors, and City makes no representation or warranty, express or implied, to Developer or to any other person regarding the adequacy ofthe Plans or related documents.
1. 8. Authoritv of the Citv Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all 01225. 0005/ 784688. 1
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questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Developer and its contractor.
1. 9. Documents Available at the Site. Developer shall keep a copy of all approved Plans at the job site and shall give access thereto to the City' s inspectors and engineers at all times.
1. 10. Inspection. Developer shall have an authorized representative on the Job site at all times during which work is being done who has full authority to act for Developer, or its design engineer, and Developer' s contractor( s) regarding the Works of Improvement.
Developer shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the Developer or its contractor, at any time before acceptance of the Works of Improvement, shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the Developer or its contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City Engineer (or designee) shall not be considered as direct control of the individual workmen on the job site. City' s inspectors shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement.
The inspection of the work by City shall not relieve Developer or its contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable' materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted.
1. 11. Compliance With Law: Applicable Standards for Improvements. In addition to the express provisions ofthis Agreement and the Plans, Developer shall cause construction ofthe Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. In addition, without limiting the foregoing, the Developer shall, at its expense, obtain and comply with the conditions ofall necessary permits and licenses for the construction of the Works of Improvement. The Developer shall also give all necessary notices and pay all fees and taxes as required by law.
Developer shall construct the improvements in accordance with the City standards in effect atthe time ofthe adoption of this Agreement. City reserves the right to protect the public safety or welfare or comply with applicable Federal or State law or City zoning ordinances.
1. 12. Suspension of Work. The City Engineer shall have authority to order suspension of the work for failure of the Developer' s contractor to comply with law pursuant to Section
1. 12. In case of suspension of work for any cause whatsoever, Developer and its contractor shall be responsible for all materials and shall store them properly if necessary, and shall provide suitable interim drainage and/ or dust control measures, and erect temporary structures where necessary.
1. 13. Erosion and Dust Control and Environmental Mitigation. All grading, landscaping, and construction activities shall be performed in a manner to control erosion and prevent 01225. 0005/ 784688. 1
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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. Pians shall include without limitation temporary drainage and erosion control requirements, dust control procedures, restrictions on truck and other construction traffic routes, noise abatement procedures, storage of materials and equipment, removal of garbage, trash, and refuse, securing the job site to prevent injury, and similar matters.
1. 14. Final Acceptance of Works of Improvement. After Developer has completed all of the Works of Improvement, Developer shall then request a final inspection of the work. If items are found by the City' s inspectors to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the Developer or its contractor of such items. After the Developer has completed these items, the procedure shall then be the same as specified above for the Developer' s or its contractor' s Initial request for final inspection. If items are found by City' s inspectors to be incomplete or not in compliance after two ( 2) "final" inspections, the City may require the Developer or its contractor, as a condition to performing further field inspections, to submit in writing a detailed statement ofthe work performed subsequent to the date ofthe previous inspection which was found to be incomplete or not in compliance at that time. Developer shall be responsible for payment to City Engineer of re-inspection fees in the amount necessary to cover the City' s costs for additional final inspections, as determined by the City Engineer.
No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed asfinal acceptance of any part until the overall final acceptance by the City Engineer is made. The City Engineer shall make a certification of completion and acceptance on the Works of Improvement by recordation of a Notice of Acceptance on behalf of the City.
Final acceptance shall not constitute a waiver by the City Engineer of defective work subsequently discovered.
The date on which the Works of Improvement will be considered as complete shall be the date ofthe Notice ofAcceptance.
1. 15. Vesting of Ownership. Upon recordation of the Notice of Acceptance, ownership ofthe Works ofImprovement shall vest in the City.
1. 16. Developer' s Obligation to Warn Public During Construction. Until recordation of the Notice of Acceptance, Developer shall give good and adequate warning to the public of any dangerous condition of the Works of Improvements, and shall take reasonable actions to protect the public from such dangerous condition. Until recordation of the Notice of Acceptance, Developer shall provide forty- eight ( 48) hours' advance written notice to all neighboring property owners and tenants affected by Developer' s operations or construction of the hours, dates and duration ofany planned construction activities.
1. 17. Iniurv to Public Improvements. Public Propertv or Public Utilitv. Until recordation of the Notice of Acceptance of the Works of Improvement, Developer assumes responsibility for the care and maintenance of, and any damage to, the Works of Improvements. Developer shall replace or repair all Works of Improvements, public property, public utility facilities, and 01225. 0005/ 784688. 1
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surveying or subdivision monuments and benchmarks which are destroyed or damaged for any reason, regardless whether resulting from the acts of the Developer, prior to the recordation of the Notice of Acceptance. Developer shall bear the entire cost- of such replacement or repairs regardless of what entity owns the underlying property. Any repair or replacement shall be to the satisfaction, and subject to the approval, ofthe City Engineer.
Neither the City, nor any officer or employee thereof, shall be liable or responsible for any accident, loss or damage, regardless of cause, occurring to the work or Works of Improvements prior to recordation ofthe Notice ofAcceptance ofthe work or improvemente.
2. TimeforPerformance.
2. 1. Commencement and Completion Dates. Subject to Sections 2. 2 and 2. 3 below.
Developer shall (i) commence with construction and installation of the Works of Improvement thirtv ( 30) davs following City' s approval of the Plans, assuming that other agencies having jurisdiction over the improvements have also issued necessary permits and approvals to begin Commencement Date"); and ( ii) complete or cause to be completed all of the Works of Improvement within two ( 2) vears 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 reasonable discretion determines whether or not the Developer has established good cause for an extension. As a condition of such extension, the City Engineer may require Developer to furnish new security guaranteeing performance of this Agreement, as extended, in an increased amount to compensate for any increase in construction costs as determined by the City Engineer. If Developer requests and is granted an extension oftime for completion of the improvements. City may apply the standards in effect at the time of the extension.
2. 2. Liquidated Damages for Delays. The proposed full closure of Merrill Avenue between Euclid Avenue and Stearman Drive for the purposes of constructing storm drain facilities shall be limited to a 60 day period. Subject to Section 2. 3 below, Developer shall be liable for and shall pay to the City the sum of Five Thousand Dollars ($ 5, 000) as liquidated damages for each day of delay in the opening of Merrill Avenue to vehicle travel in both east and west directions ifsuch opening is delayed beyond such 60 day period for the completion of such storm drain work. City and Developer acknowledge and agree that it would be impractical and/ or extremely difficult to fix or establish the actual damage sustained by City as a result of such delay by Developer, and agree that the aforementioned damages for each day of delay is a reasonable approximation thereof.
2. 3. Force Maieure. Notwithstanding the provisions of Sections 2. 1 and 2. 2, Developer' s time for commencement and completion of the Works of Improvement hereunder shall be extended for the period of any enforced delay caiused due to circumstances beyond the control and without the fault of Developer, including without limitation and to the extent applicable adverse weather conditions, flood, earthquakes, fire, acts of God or of a public enemy, strikes, lockouts, labor disputes, inability to obtain labor or materials or reasonable substitutes therefor, pandemics, acts orfailures to actofa public agency (including City), delay 01225. 0005/ 784688. 1
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in issuance of permits, approvals or inspections, utility company delays, unknown utility conflicts, unforeseen adverse soils conditions, required changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five ( 5) days prior to City' s receipt of a written notice from Developer or its contractor detailing the grounds for Developer' s claim to a right to extend its time for performance hereunder. The City Engineer shall evaluate all claims to Force Majeure and make a reasonable determination after consultation with Developer regarding the length of any extension of time for commencement and/ or completion of the Works of Improvement.
2. 4. Continuous Work. After commencement of construction of the Works of Improvement ( or separate portion thereof), Developer shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted. It is expressly acknowledged by City that there are multiple scopes of work involved with these improvements, some of which occur in the City of Ontario, and that certain work in the City of Chino that is connected to work in the City of Ontario will not be completed until such work can be performed jointly, which may produce gaps in timing of work sequence. Certain work must necessarily be completed in City of Ontario before certain work can be completed in City of Chino, and such gap in timing shall not be considered an abandonment.
3. Labor.
3. 1. Labor Standards. This Agreement is subject to, and Developer agrees to comply with, ail of the applicable provisions of the Labor Code including, but not limited to, the wage and hour, prevailing wage, worker compensation, and various other labor requirements in Division 2, Part 7, Chapter 1, including section 1720 to 1740, 1770 to 1780, 1810 to 1815, 1860 to 1861, which provisions are specifically incorporated herein by reference as set forth herein in their entirety. Developer shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of the Works ofImprovement.
3. 2. Nondiscrimination. In accordance with the California Fair Employment and Housing Act (" FEHA"), California Government Code Section 12940 et seq., Developer agrees that Developer, its agents, employees, contractors, and subcontractor performing any of the Works of Improvement shall not discriminate, in any way, against any person on the basis of race, ethnicity, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Developer shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors forthe performance ofthis Agreement.
3. 3. Licensed Contractors. Developer shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed. All of Developer' s contractors and subcontractors shall obtain a valid City of Chino business license prior to performing any work pursuant to this Agreement. Developer shall provide the City Engineer with a list of all of its contractors and 01225. 0005/ 784688. 1
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subcontractors prior to initiating any work, and all valid Contractor' s licenses and business licenses issued thereto as a condition of constructing the Works of Improvements.
3. 4. Worker' s Compensation. Developer shall cause every contractor and subcontractor 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. Securitv.
4. 1. Required Securitv.
a) At the time Developer executes this Agreement, Developer shall furnish to City the following bonds, letters of credit, instruments of credit ( assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4below (hereinafter " Security Instruments"):
i) A Security Instrument securing Developer' s faithful performance of all of the Works of Improvement (" Faithful Performance Security Instrument"), in the amount of $6, 241, 300. 00 equal to 100% of the estimated construction costreferenced in Section 1. 1.
ii) A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/ or equipment (" Labor and Materials Security Instrument") with respect to the Works of Improvement in an amount equal to 3, 120, 600. 00 equal to 50% of the estimated construction cost referenced in Section 1. 1.
This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. b) Required Securitv Instrument for Maintenance and Warranty. Prior to the City Council' s acceptance of the Works of Improvement and recordation of a Notice of Completion, Developer shall deliver a Security Instrument warranting the work accepted for a period of one ( 1) year following said acceptance Maintenance and Warranty Security Instrument"), in the amount of $624, 100. 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 Securitv 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 othenwise shall be in a form provided by City or otherwise approved by the City Attorney:
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a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A- IX, as rated by the current edition of Best' s Key Rating Guide published by A. M. Best' s Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Mood/ 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 Developer is in default under its payment or performance obligations hereunder or in the event Developer fails to deliver a replacement letter of credit not less than thirty ( 30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions ofSection 4. 4.
c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Developer' s interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. d) General Requirements for all Securitv Instruments.
i) Payments under any Security Instruments shall be required to be made ( and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Chino, State of California and the Security Instrument shall so provide).
ii) Each Security Instrument shall have a minimum term of one ( 1) year after the deadline for Developer' s completing the Works of Improvement, in accordance with Section 2. 1 ( other than Instruments of Credit, which shall have no defined term or expiration date).
ill) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument. iv) If the Developer seeks to replace any security with another security, the replacement shall: ( 1) comply with all the requirements for security in this Agreement; ( 2) be provided by the Developer to the City Engineer; and ( 3) upon its written acceptance by the City Engineer, be deemed a part of this Agreement. Upon the City 01225. 0005/ 784688. 1
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Engineer' s acceptance of a replacement security, the former security shall be released by the City.
4. 3. Developer' s Liability. While no action of Developer shall be required in order for City to realize on its security under any Security Instrument, Developer agrees to cooperate with City to facilitate City' s realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument. Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety orfinancial institution to perform its obligations with respect thereto, Developer shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten ( 10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4.
4. 4. Letters of Credit.
a) In the event a letter of credit is given pursuant to Section 4. 2( b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit expiring in not less than one ( 1) year, unless City agrees to a lesser term in City' s sole and absolute discretion) is not delivered not less than thirty ( 30) days prior to the expiration ofthe original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as ofthe date of delivery of the replacement letter of credit. b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Developer. If the City elects to hold the funds in an account pursuant to the foregoing. City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Developer agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein, and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City' s security Interest in such account.
4. 5. Release of Securitv Instruments. The City shall release ail Security Instruments consistent with Government Code Sections 66499. 7 and 66499. 8, Section 19. 09. 010 of the Chino Municipal Code, and asfollows:
a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all ofthe following have occurred:
i) Developer has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4. 5; ii) the Works of Improvement have been accepted;
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iii) Developer has delivered the Maintenance and Warranty Security Instrument; and
Iv) after passage ofthe time within which lien claims are required to be made pursuant to Title 3 (commencing with Section 9000) of Part6of Division 4ofthe Civil Code ofthe State of California. Iflien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Developer has provided a statutory bond, or otherwise as required by applicable law.
b) City shall release the Maintenance and Warranty Security Instrument upon Developer' s written request upon the expiration of the warranty period, and settlement of any claims filed during the warranty period. c) The City may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney' s fees.
5. CostofConstruction and Provision ofInspection Service.
5. 1. Developer Responsible for All Costs of Construction. Developer shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Developer 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 Developer and City prior to construction of the Works of Improvement.
5. 2. Pavment to Citv for Cost of Related Inspection and Engineering Services.
Developer shall compensate City for all of City' s costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Developer shall compensate City for all design, plan check, evaluating any proposed or agreed- upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City. In no event shall Developer be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections.
5. 3. PavmentofDevelopment ImpactFees. N/ A
6. Acceptance ofOffers of Dedication. N/ A
7. Warrantv of Work. Developer shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date offinal acceptance. If any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Developer, within fifteen ( 15) 01225. 0005/ 784688. 1
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days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Developer fail to remedy defective material and/ or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Developer. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law.
8. Default.
8. 1. Default bv Developer. Default by Developer shall include, but not be limited to:
a) Subject to Section 2. 3, Developer' s failure to timely commence construction of Works of Improvement under this Agreement; b) Subject to Section 2. 3, Developer' s failure to timely complete construction of the Works of Improvement;
c) Subject to Section 2. 3, Developer' s failure to perform substantial construction work for a period for 20 consecutive calendar days after commencement of the work; however, Developer' s work in City of Ontario which is necessary to continue and complete work in City of Chino shall be considered as proper performance of construction work and not a failure in timing; d) Developer' s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Developer fails to discharge within 30 days;
e) The commencement of a foreclosure action against the Property or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or f) Developer' s failure to perform any other obligation under this Agreement.
8. 2. Remedies. The City reserves all remedies available to it at law or in equity for a default or breach of Developer' s obligations under this Agreement. The City shall have the right, subject to this Section, to draw upon or use the appropriate security to mitigate the City' s damages in the event of default by Developer. The City' s right to draw upon or use the security is in addition to any other remedy available to City. The parties acknowledge that the estimated costs and security amounts may not reflect the actual cost of construction of the improvements and, therefore, City' s damages for Developer' s default shall be measured by the cost of completing the required Improvements. The City may use the sums provided by the securities for the completion of the Works of Improvement in accordance with the plans. In the event the Developer fails to cure any default under this Agreement within 20 days after the City mails a notice of such default to the Developer and the Developer' s surety. Developer authorizes the City to perform the obligation for which Developer is in default and agrees to pay the entire cost of such performance by the City. The City may take over the work and complete the 01225. 0005/ 784688. 1
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Works of Improvement, by contract or by any other method City deems appropriate, at the expense of the Developer. In such event. City, without liability for doing so, may complete the Works of Improvement using any of Developer' s materials, appliances, plans and other property that are at the work site and that are necessary to complete the Works of Improvement.
8. 3. Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Developer hereunder, the Developer agrees that the choice of remedy or remedies for Developer' s breach shall be in the discretion of the City. Additionally, any remedy specifically provided in this Agreement shall be in addition to, and not exclusive of.
City' s right to pursue any other administrative, legal, or equitable remedy to which it may by entitled.
8. 4. Attornev' s Fees and Costs. In the event that Developer fails to perform any obligation under this Agreement, Developer agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney' s fees. In the event of any dispute arising out of Developer' s performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney' s fees and costs. Such attorney' s fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney' s fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement ofthe action and shall be enforceable whether or not the action is prosecuted to judgment.
8. 5. Waiver. No waiver by the City of any breach or default by the Developer shall be considered valid unless in writing, and no such waiver by the City shall be deemed a waiver of any subsequent breach or default by the Developer.
9. Indemnitv/ Hold Harmless. City or any officer, employee or agent thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Developer, its agents, employees, contractors and subcontractors in the performance of this Agreement. Developer further agrees to protect, defend, indemnify and hold harmless City, its officials, boards and commissions, and members thereof, agents, and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of Developer, its agents, employees, contractors and subcontractors in the performance of this Agreement, except for such claims, demands, causes of action, liability or loss arising out of the sole active negligence or willful misconduct of the City, its officials, boards, commissions, the members thereof, agents and employees, including all claims, demands, causes of action, liability or loss because of or arising out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said Project, and the public improvements as provided herein, and in addition, to adjacent property owners as a 01225. 0005/ 784688. 1
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consequence of the diversion of waters from the design and construction of public drainage systems, streets and other improvements. Recordation of the Notice of Acceptance by the City of the Works of improvements shall not constitute an assumption by the City ofany responsibility for any damage or taking covered by this Section. City shall not be responsible for the design or construction of the property to be dedicated or the improvements pursuant to the approved improvement plans or map, regardless of any negligent action or inaction taken by the City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Developer submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design.
After recordation of the Notice of Acceptance, the Developer shall remain obligated to eliminate any latent defect in design or dangerous condition caused by the design or construction defect for a period of one ( 1) year; however. Developer shall not be responsible for routine maintenance. It is the intent of this section that Developer shall be responsible for all liability for design and construction ofthe improvements installed or work done pursuant to this Agreement and that City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving or reviewing any work or construction. The improvement security shall not be required to cover the provisions ofthis Paragraph.
Developer shall reimburse the City for all costs and expenses, including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs. Incurred by City in enforcing this Section.
10. Developer' s Indemnitv of Project Approval. Developer shall defend, indemnify, and hold harrnless the City and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning the Project. The City shall promptly notify the Developer of any claim, action, or proceeding and cooperate fully in the defense of any such claim, action, or proceeding. In the event City fails to promptly notify the Developer of any claim, action, or proceeding, or if the City fails to cooperate in the defense, the Developer shall not thereafter be responsible to defend, indemnity, or hold harmless the City. Nothing in this Section prohibits the City from participating in the defense of any claim, action, or proceeding if City bears its own attorney' s fees and costs and defends the action in good faith. Developer shall not be required to pay or perform any settlement unless the settlement is approved by the Developer.
11. Insurance Requirements. Developer, at Developer' s sole cost and expense and for the full term of this Agreement and any extensions thereto, shall obtain and maintain all of the following minimum insurance requirements in a form approved by the City' s authorized designee for Risk Management prior to commencing any work:
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a) Commercial General Liability poiicy with a minimum $ 1 million combined single limit for bodily injury and property damage providing all of the following minimum coverage with a $50, 000. 00 deductible:
i) Premises operations; including X, 0, and U coverage; ii) Owners' and contractors' protection;
iii) Bianket contractual;
iv) Completed operations; and
v) Products.
b) Commercial Business Auto policy with a minimum $ 1 million combined single limit for bodily injury and property damage, providing ai! of the following minimum coverage with a $50, 000. 00 deductible:
i) . Coverage shall apply to any and all leased, owned, hired, or nonowned vehicles used in pursuit of any of the activities associated with this Agreement; and
ii) Any and ail 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 poiicy in accordance with the laws of the State of California and providing coverage for any and ail employees ofthe Developer:
i) This policy shall provide coverage for Workers' Compensation Coverage A); and
i) This policy shall provide coverage for $ 1, 000, 000 Employers' Liability ( Coverage B).
ii) Pursuant to Labor Code section 1861, Developer by executing this Agreement certifies:"/ am aware ofthe provisions ofSection 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake selfinsurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance ofthe work ofthis contract."
Prior to commencement of work, the Developer shall file with the City' s Risk Manager a Certificate of insurance or certification of 01225. 0005/ 784688. 1
14 548
permission to self- insure workers' compensation conforming to the requirements ofthe Labor Code.
d) Endorsements. All of the following endorsements are required to be made a part of each ofthe above- required policies as stipulated below:
i) " The City of Chino, its officers, employees and agents are hereby added asadditional insureds."
ii) " This policy shail be considered primary insurance with respect to any other valid and collectible insurance the City may possess, including any self- insured retention the City may have and any other insurance the City does possess shall be considered excess insurance only."
iii) " This insurance shall actfor each Insured and additional insured as though a separate policy has been written for each. This, however, will not act to increase the limit of the insuring company." iv) " Thirty ( 30) days prior written notice of cancellation shall be given to the City of Chino in the event of cancellation and/ or reduction in coverage, except that ten ( 10) days prior written notice shall apply in the event of cancellation for non- payment of premium." Such notice shall be sent to the Risk Manager at the address indicated in Subsection f below.
v) Subsection d( iv) hereinabove " Cancellation Notice" is the only endorsement required of the Workers' Compensation and
Employers' Liability policy.
e) Admitted Insurers. All insurance companies providing insurance to the Developer- under this Agreement shall be admitted to transact the business of insurance by the California Insurance Commissioner.
f) Proof of Coverage. Copies of all required endorsements shail be attached to the Certificate of Insurance which shall be provided by the Developer' s insurance company as evidence of the coverage required herein and shall be mailed to:
City of Chino
Risk Management
13220 Central Avenue
Chino, CA 91710
12. Environmental Warrantv. ( Not applicable - Developer is not dedicating anv propertv to Citv. 1 ,
13. General Provisions.
01225. 0005/ 784688. 1
15 549
13. 1. Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Developer' s right, title, and interest in and to the Property and any portion thereof. Developer hereby consents to City recording this Agreement as official records of San Bernardino County, affecting fee title interest to the Property to provide constructive notice of the rights and obligations incurred by Developer in the City' s approval of this Agreement. In the event the Property is subsequently conveyed by Developer to a third party prior to completion of the Works of improvement, whereby the third party is intended to assume Developer' s responsibilities with regard to this Agreement, ( the " Replacement Developer"), the rights and obligations of this Agreement shall transfer to the Replacement Developer; however, the Security Instruments required pursuant to Section 4 of this Agreement, and furnished by Developer as a condition of the City' s approval of this Agreement, shall remain Developer' s responsibility to maintain until such time as Developer and Its Replacement Developer enter into a Transfer and Assignment of Public Improvement Agreement, ( the " Transfer Agreement"), to acknowledge the transfer of fee title to the Property from the Developer to its Replacement Developer, and to acknowledge the rights and obligations associated with this Agreement upon the Replacement Developer, including Replacement Developer' s responsibility to furnish replacement Security Instruments meeting the City' s approval pursuant to Section 4 of this Agreement, at which time Developer' s Security Instruments shall be released and Developer shall thereafter have no obligations hereunder. Until such time as a Transfer Agreement, meeting the City' s approval, is executed by Developer and its Replacement Developer, and replacement Security Instruments meeting City' s approval are furnished by the Replacement Developer, Developer retains sole responsibility for maintaining all Security Instruments required pursuant to Section 4ofthis Agreement.
13. 2. No Third Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Developer intend to create any third party beneficiary rights in this Agreement in any contractor, subcontractor, member ofthe general public, or other person or entity.
13. 3. No Vesting Rights. Performance by the Developer of this Agreement shall not be construed to vest Developer' s rights with respect to any change in any zoning or building law or ordinance.
13. 4. Developer is Not Agent of Citv. Neither Developer nor Developer' s agents, contractors, or subcontractors are agents or contractors of the City in connection with the performance of Developer' s obligations under this Agreement.
13. 5. Time ofthe Essence. Time is of the essence of Developer' s performance of all of its obligations under this Agreement.
13. 6. Notices. Unless otherwise specified in this Agreement, all notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date is delivered in person, or, if mailed, on the date of deposit in the United States Mail.
Notice shall be provided to the persons listed on Pages 1 and 2 of this Agreement by the parties for this purpose.
01225. 0005/ 784688. 1
16. 550
Either party may provide a new designated representative and/ or address by written notice as provided in this Section.
13. 7. No Apportionment. Nothing contained in this Agreement shall preclude City from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other Developers for the apportionment of costs of water and sewer mains, or other improvements pursuant to the provisions of the City ordinances providing therefore. Nor shall anything in the Agreement commit City to any such apportionment.
13. 8. Severabilitv. 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 ofthis Agreement.
13. 11. Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California.
13. 12. Entire Agreement: Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties.
13. 13. Counterparts. This Agreement may be executed in one or more counterparts, including the execution and delivery of counterparts via electronic means without the need to exchange original signatures, all of which taken together shall be deemed one original.
14. Authoritv. The persons executing this Agreement on behalf of the parties warrant the (I) party is duly organized and existing, ( ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, ( iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and ( iv) the entering into of this Agreement does not violate any provisions of any other agreement to which said party is bound.
SIGNATURES ON NEXT PAGE]
01225. 0005/ 784688. 1
17 551
IN WITNESS WHEREOF, the City and the Developer have caused this Agreement to be executed the day and year first above written.
APPROVED AS TO FORM:
SIGNED IN COUNTERPART
Fred Galante, City Attorney
Euclid Land Venture, LLC
A Delaware limited liability company
APPROVED ASTO CONTENT:
Nicholas 8. Ligudri, AlCP
DevelopmenrServlces Director
By: RBV Euclid, LLC, a Delaware limited liability company Its Managing Member
By: REDA Bascom Ventures, LLC, a Delaware limited liability company Its Managing Member
By: Real Estate Development Associates, LLC, a California limited liability company Its Administrative Member
ohnstdn
President
ATTEST:
Angel^ f^obles, City Clerk
Dated: | l - ^ -2^2.^
CITYO
Reich, City Manager
Dated:_
01225, 0005^84688. 1
18 552
DocuSign Envelope ID: 6E1CCABC- FFC8- 4E11- B913- E4BB03D8D40F IN WITNESS WHEREOF, the City and the Developer have caused this Agreement to be executed the day and year first above written.
APPROVED ASTO FORM:
DocuSlj DocuSlgnedby:^.—
APPROVED AS TO CONTENT:
fn, l
N— 7O0FS5700FSgilggMF405
Fred Galante, City Attorney Nicholas S. ILlgudri, AlCP
DevelopmenrS^ vices Director
Euclid Land Venture, LLC
A Delaware limited liability company
By; RBV Euclid, LLC, a Delaware limited liability company Its Managing Member
By: REDA Bascom Ventures, LLC, a Delaware limited liability company Its Managing Member
By: Real Estate Development Associates, LLC, a California limited liability company Its Administrative Member .
ohnston
Si^n) br Vice Presi
ATTEST:
CITY OF CHINO
Linda Reich, City Manager
Dated:
By:
Angela Robjes, City Clerk
Dated:
01225. 0005^764688. 1
18 553
ACKNOWLEDGMENT
A notary public or other offlcer completing this
certificate verifies only the identity ofthe Individual who signed the document to which this certificate Is
attached, and not the truthfulness, accuracy, or
validity ofthat document.
State of California
County of J
On before me. T^Pr (^ jr
insert name and title of the officer)
is ofsatisfactdry evidence to be the pers
personally appeared
who proved to me on the basis of satisfactdry evidence to be the person( 8fwhose name( 8j(is?are^ Inscribed to the within instrument and acknowlec^ d to me thatftie&he/ they executed the same in Pher/ their authorized capacity( iee); and that by t^her/ their signature( s) on the instrument the person( s) rorthe entity upon behalf of which the person( s)- acted, executed the instrument.
I certify under PENALPi^ OF PERJURY under the laws ofthe State of California thattheforegoing paragraph is true and correct.
WITNESS my hand and
Signature
DANA D' ANGELO L
COMM. # 2394774 z
Notary Public • California 5
Orange CountyMy Comm. Expires Feb. 23. 2026 [
Seal)
554
EXHIBIT " A"
ORBP
J L_ EUCALYPTUSAVL J11
c
Q
O
WestLAMP
iGroup, Inc.
r : 7iK
PROPOSED
BUILDINOS Ic
1<
i<
ico
en _CITY OF ONTARIO _ J
L_
CITY OF CHINO
MERRILL AVE.
STDRU DRAM lUPRmQJENTS TO " 1500* SOUTH OF UERRtLL
STREET ITPROVOenS ID "«»'
LEGEND:
PROPERTY BOUNDARY
STREET RIGHT OF WAY
STREET CENTERLINE
STREET WIDENING & STORM DRAIN WORK WITHIN
Engineering • Geospatial • Land Planning
4150 CONCOURS, ONTARIO, OA 91764
PHONE: ( 909) 989- 9789 FAX: ( 909) 989- 9660
0N. T. S.
Ontario Ranch Business Park Specific Plan
DATE: 06/ 17/ 2022
01225. 0005/ 784688. 1 A- 1
555
EXHIBIT " B"
WORKS OF IMPROVEMENT
A. Removal of undesirable, dangerous and dead plant materials and roots.
B. All onsite and offsite grading as specified on the approved grading plan.
C. Relocation of all public utility structures as necessary to properly construct the required improvements.
D. Storm drain facilities as required and shown on the approved construction plans and in accordance with City Standards.
E. N/ A
F. N/ A
G. N/ A
H. Disposal of all rocks and debris located within any public right- of- way within said development or on the boundary streets thereof.
I. installation of concrete curbs, gutters, cross gutters, driveways and intersections as shown on approved construction plans and in accordance with City Standards.
J. Installation of asphalt concrete or Portland Cement Concrete street pavement on base material as shown on approved construction plans and in accordance with City Standards.
K. Street signs at intersections per the City Standards.
L. Installation ofapproved landscaping (plants and materials).
M. Setting monuments as required by the State Code.
The Developer shall also perform all work and furnish all materials necessary, in the opinion of the Director of Development Services or his designee and on his order, to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work, in accordance with Section
1. 5 ofthe Agreement.
See Drawing Log ( following herein) of approved Plans for work to be built in City of Chino.
01225. 0005/ 784688. 1 B- 1
556
EXHIBIT " B'
Title:
For:
Drawing Log
Plans by WestLAND Group, Inc.)
Street Improvement Plans
Euclid Avenue ( SR- 83) 840' south of Merrill Avenue to 835' north of Eucalyptus Avenue
Sheet# Sheet Name Sheet Date
1 Title Sheet 7/ 20/ 2022
2 Sheet Index and Typical Sections 7/ 19/ 2022
3 Plan & Profile - Euclid Avenue - 840' South to 345' North of Merrill Avenue 7/ 20/ 2022 4 Plan & Profile - Euclid Avenue - 345' North of Merrill Avenue to 1146' South of Eucalyptus Avenue 7/ 20/ 2022
5 Plan 8t Profile - Euclid Avenue - 1146' South of Eucalyptus Avenue to 104' North of Eucalyptus Avenue 7/ 20/ 2022
6 Plan & Profile - Euclid Avenue - 104' North of Eucalyptus Avenue to 871' North of Eucalyptus Avenue 7/ 20/ 2022
7 Details and Cross Sections 7/ 20/ 2022
8 StreetTransition Details 7/ 19/ 2022
9 Concrete Pavement Details - Euclid Avenue and Merrill Avenue 7/ 19/ 2022 Title:
For:
Street Improvement Plans
Parcel Map 20016 Merrill Avenue, Eucalyptus Avenue, & Sultana Avenue Sheet # Sheet Name Sheet Date
1 Title Sheet 4/ 5/ 2022
2 SheetIndex 4/ 5/ 2022
3 Merrill Avenue - From 128' East ofEuclid Ave to 1100' East ofEuclid Ave 4/ 5/ 2022 4 Merrill Avenue - From 1100' East of Euclid Ave to 2300' East ofEuclid Ave 4/ 5/ 2022 5 Merrill Avenue - From2300' East ofEuclid Ave to 3425' East of Euclid Ave 4/ 5/ 2022 6 Merrill Avenue - From 3425' East of Euclid Ave to 4600' East ofEuclid Ave 4/ 5/ 2022 7 Merrill Avenue - From 4600' East of Euclid Ave to 5800' East of Euclid Ave 4/ 5/ 2022 8 Merrill Avenue - From 5800' East of Euclid Ave to 6509' East of Euclid Ave 4/ 5/ 2022 9 Eucalyptus Avenue - From 130' East ofEuclid Ave to 960' East of Euclid Ave 4/ 5/ 2022 10 Eucalyptus Avenue - From 960' East of Euclid Ave to 654' East ofSultana Ave 4/ 5/ 2022 11 Sultana Avenue - From Merrill Ave to 1100' North of Merrill Avenue 4/ 5/ 2022 12 Sultana Avenue - From 1100' North of Merrill Avenue to 2150' North of Merrill Ave 4/ 5/ 2022 13 Sultana Avenue - From 2150' North of Merrill Ave to Eucalyptus Ave 4/ 5/ 2022 14 Details 4/ 5/ 2022
15 Merrill Avenue Driveway Details 4/ 5/ 2022
16 Merrill Avenue Local Depression Details 4/ 5/ 2022
17 Concrete Pavement Plan - Merrill Avenue from 130' E/ 0 Euclid Avenue to 300' E/ 0 Euclid Ave 4/ 5/ 2022
18 Concrete Pavement Plan - Merrill Avenue from 300' E/ 0 Euclid Avenue to475' E/ 0 Euclid Ave 4/ 5/ 2022
19 Concrete Pavement Plan - Merrill Avenue from 1, 521' E/ 0 Euclid Avenue to 1, 800' E/ 0 Euclid Ave 4/ 5/ 2022
20 Concrete Pavement Plan - Merrill Avenue from 1, 800' E/ 0 Euclid Avenue to 2, 000' E/ 0 Euclid Ave 4/ 5/ 2022
557
Sheet# Sheet Name Sheet Date
21 Concrete Pavement Plan - Merrill Avenue from 2, 824' E/ 0Euclid Avenue to 3, 100' E/ 0 Euclid Ave 4/ 5/ 2022
22 Concrete Pavement Plan - Merrill Avenue from 3, 100' E/ 0 Euclid Avenue to 3, 338' E/ 0 Euclid Ave 4/ 5/ 2022
23 Concrete PavementPlan - Merrill Avenuefrom 4, 162' E/ 0 Euclid Avenueto4, 400' E/ 0 Euclid Ave 4/ 5/ 2022
24 Concrete Pavement Plan - Merrill Avenue from 4, 400' E/ 0 Euclid Avenue to 4, 640' E/ 0 Euclid Ave 4/ 5/ 2022
Title: Storm Drain improvement Plan
For: Parcel Map 20016 Eucalyptus Avenue, Merrill Avenue & Sultana Avenue Sheet# Sheet Name Sheet Date
1 Title Sheet 6/ 6/ 2022
2 Index/ System Map 6/ 6/ 2022
3 Eucalyptus Ave - From Euclid Ave to900' East ofEuclid Ave 6/ 6/ 2022 4 Eucalyptus Ave -' From 900' East of Euclid Ave to Sultana Ave 6/ 6/ 2022 5 Sultana Ave - From Merrill Ave to800' North of Merrill Ave 6/ 14/ 2022 6 Sultana Ave - From 800' North of Merrill Ave to 1400' North of Merrill Ave 6/ 14/ 2022 7 Merrill Ave - From Euclid Ave to 800' East ofEuclid Ave 6/ 14/ 2022 8 Merrill Ave - From 800' East of Euclid Ave to 160' East ofSultana Ave 6/ 14/ 2022 9 Merrill Ave - From 160' East ofSultana Ave to 260' West of Campus Ave 6/ 6/ 2022 10 Merrill Ave - From 260' West ofCampus Ave to 640' East of Campus Ave 6/ 6/ 2022 11 Merrill Ave - From 640' East of Campus Ave to 220' East of Bon View Ave 6/ 6/ 2022 12 Merrill Ave - From 220' East of Bon View Ave to 1300' East of Bon View Ave 6/ 6/ 2022 13 Merrill Ave - From 1300' East ofBon View Ave to 1650' East ofBon View Ave 6/ 14/ 2022 ! 14 Eucalyptus Ave - Lateral Details B- 1 to B- 9 8i D- 18 & D- 19 6/ 15/ 2022 15 Merrill Ave - Lateral Details D- 1 to D- 15, F- 1 to F- 3, Line E and D Bon View Ave 6/ 14/ 2022 16 Sultana Ave - Lateral Profiles C- 1 to C- 6 6/ 14/ 2022 17- 18 CDS Details 6/ 15/ 2022
19- 24 Details 6/ 6/ 2022
Title: Storm Drain Improvement Plan
For: Parcel Map 20016 Eucalyptus Avenue, Merrill Avenue & Sultana Avenue Sheet# Sheet Name SheetDate
1 Title Sheet 6/ 16/ 2022
2 Sheet Index and Typical Sections 6/ 3/ 2022
3 Euclid Avenue - From Merrill Ave to 912' North of Merrill Ave 6/ 16/ 2022 4 Euclid Avenue - Frorri 912' North of Merrill Ave to 1812' North of Merrill Ave 6/ 16/ 2022 5 Euclid Avenue - From 1812' North of Merrill Ave to Eucalyptus Ave 6/ 16/ 2022 6 Euclid Avenue - From 2171' to 3071'- North of Kimball Ave 6/ 8/ 2022 7 Euclid Avenue - From 3071' North of Kimball Ave to 1310' South of Merrill Ave 6/ 16/ 2022 8 Euclid Avenue - From 1310' South of Merrill Ave to 590' South of Merrill Ave 6/ 16/ 2022 9 Euclid Avenue - From 590' South of Merrill Ave to Merrill Ave 6/ 16/ 2022 10 CDS & Utility Crossing Details 6/ 16/ 2022
11- 21 Details 6/ 3/ 2022
558
EXHIBIT "C"
ENGINEERING COST ESTIMATES
01225. 0005/ 784688. 1 0- 1
559
RESOLUTION NO 2015- 078
EXHIBIT C
CITY OFCHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM- a0016
LOCATION : Merrill Avenue • Euclid to Grove
By:
DATE:
Slew MecKtnney
S/ 2/ 3022
Quantity Unit Item Unit
Price
Total Cost
Per Item
STREETS
LS Traffic Control ( 5% of construction cost) 5%$ 135. 047. 68 LS Clear & Grub Site ( 5% of construction cost) 5%$ 135. 047. 68 EA Tree Removal $ 800. 00 t
CY Concrete Removal $ 300. 00 s
2939 CY AC Pavement Removal S 100. 00 % 293. 900. 00
LS Excavation ( Clean Material) ( 5% of Consbuction Cost) 5%$ 135. 047. 68 CY Imoorted Common Fill (Incl. Compaction)$ 34. 00 s
136936 SF Preparation of Subgrade S 1. 00 $ 136. 936. 00 6328 LF PCC 8" Curb & 24" Gutter $ 23. 00 145. 544. 00
3181 LF PCC Curb Onlv S 20. 00 63. 620. 00
130 LF 8" A. C. Berm $ 20. 00 $ 2. 600. 00
SF 8" PCC Cross Gutter S 11. 00 $
SF 4' PCC Sidewalk $ 5. 80 s
7984 SF 6" PCC Thick Drive Approach $ 7. 40 $ 59. 081. 60 SF 8' PCC Thick Drive Approach $ 9. 00 $
1225 LF 2" X6" Redwood Header $ 5. 00 $ 6. 125. 00
EA Street Sion $ 475. 00 $
33 EA Traffic Sign and Post $ 400. 00 s 13. 200. 00
EA Reflector Sign and Post $ 175. 00 $
52 EA Painted Leoend S 6. 50 $ 338. 00
SF Prime or Tack Coat $ 0. 05 $
67187 SF PCC Pavement S 5. 00 s 285. 935. 00
TON AC Variable - <300T $ 90. 00 s
11371 TON AC Variable - > 300T S 80. 00 $ 909. 680. 00
EngCoetEstimate Pagei of 14 Effective Dele: January 1, 2016 560 RESOLUTION NO 2015- 078
EXHIBIT C
CITYOFCHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM. 2&016
LOCATION : MttIU Av» ny - Euclid to Grovt
By: Stan MacKlnrwy
DATE: 8/ 2/ 2022
Quantity Unit Item Unit
Price
Total Cost
Per Item
STREETS
TON CAB Variable - < 300T $ 75. 00 $
7372 TON CAB Variable - > 300T $ 65. 00 $ 479. 180. 00
5 EA Adjust Sewer Manhole to Grade S 665. 00 $ 3. 325. 00 LS Mobilization 5%$ 135, 047. 68
EA Adjust Sewer Cleanout to Grade S 350. 00 $
10 EA Adjust Water Valve to Grade $ 265. 00 $ 2. 650. 00 EA Street Uaht ( Citv Owner) S 6. 700. 00 $
EA Lot Monument Setting Fee $ 550. 00 $
5000 IF Sawcut A. C. S 3. 00 $ 15. 000. 00
LF Sawcut Concrete S 3. 00 $
5150 SF Cold Plan A. C 15footwide)$ 0. 28 $ 1. 442. 00
LF Sionino & Strioino for
7650 Arterial S 19. 00 $ 145. 350. 00
Collector S 13. 00 $
Local $ 7. 00 $
EA Traffic Signal ( 8 - Phase Conb' olier) S 250. 000. 00 $ EA Modify exisbno Traffic Signal oer Quadrant $ 50. 000. 00 $ LF Chain Link Fence
4 foot Residential Grade ( Add $ 7. 00/ LF for Removal
of Existing Fence) S 25. 00 $
837
6footSchoolfence (Add $9. 00/ LF for Removal of
Existing Fence)$ 35. 00 $ 29. 295. 00
2358
6footSchoolfence (Add $9. 00/ LF for Removal of
Existing Fence)$ 44. 00 8 103. 752. 00
EA Utllitv Poles
Transmission $ 11. 500. 00 $
Distribution $ 8. 000. 00 $
Service $ 3. 000. 00 $
EngCostEstimale Page 2of14 EfTective Date: January 1. 2016 561 RESOLUTION NO 2015- 078
EXHIBIT C
CITY OFCHINO
ENGINEERING COST ESTIMATE
PROJECT NO; PM- 2Mie
LOCATION : Mtfrill Av> nu» - Euclid to Grove
By: Slifi MtcKlntwy
DATE: tnnm
Quantity Unit Item Unit
Price
Total Cost
Per Item
STREETS
SF
Landscape ( including shrubs. Hardscape. Irrigation,
Ground Cover. Lighting, Installation Labor and Connection to Existina Svstemsl $ 10. 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)$ 400. 000. 00 $
SF Track Crossing ( Concrete) S 150. 00 $
SF Aoproach $ 2. 25 $
1 EA S. W. Ramos (A. DA. Compliant) S 4. 000. 00 $ 4. 000. 00 EA Traffic Signal Loops S 400. 00 $
STREET SUBTOTAL $ 3. 241, 144. 32
PROJECT ADDITIVES Project Contingencies 10%$ $ 24, 114. 43 Construcf/ on Slakina 3%$ 97. 234. 33
Soils Testina 1%S 32. 411. 44
Material Testing 1%S 32. 411. 44
Construction Inspection 2%S 64, 822. 89
Contract Adminisnation 1% S 32. 411. 44
GRAND TOTAL STREETS ONLY 3, 824, 550. 30
EngCostEstiinate Page 3of14 Effective Dale: January 1, 2016 562 RESOLUTION NO 2015- 078
EXHIBIT C
CITYOFCHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM- aooie
LOCATION : Merrill Avenue - Euclid to Grove
By: SUri MacKlnney
DATE: 9/ 2/ 2022
Quantity Unit Kem Unit Total Cost
Price Per Item
WATER
LS Traffic Contn^ ( 5% of Construction Cost) 5%$
LF Trench SuoDort/ Shorina ( 6foot decth)$ 15. 00 $
CY Pioe Bedding llmDorted)$ 45. 00 $
LF
6' Pipe & Fittings Installed, including excavation, bedding, backfiil and oavement restoration $ 60. 00 $
LF
8' Pipe & Fittings Installed, including excavation, bedding, backfill and oavement restoration. S 75. 00 $
LF
10" Pipe & Fittings Installed, including excavation,
bedding, backfill and oavement restoration $ 80. 00 $
LF
12" Pipe & Fittings Installed, including excavation,
bedding, backfill and oavement restoration $ 90. 00 $
LF
16" Pipe & Fittings Installed, including excavation,
beddirK). backfill and oavement restoration $ 105. 00 $ EA 6' Gate Valve S 1. 500. 00 $
EA 8" Gate Valve $ 2. 000. 00 $
EA 10" Gate Valve S 2. 400. 00 $
EA 12' Gate Valve $ 2, 800. 00 $
EA 16" Gate Valve $ 3. 500. 00 $
EA Fire Hvdrant Assembly oer Citv Std. S 7. 500. 00 $
EA Blow- off Assembly 6" oer City Std.$ 4, 500. 00 S
EA 2" Air Relief Assembly
o
e
d
o>
ri
EA 1" Water Service/ Meter $ 3. 500. 00 $
EA 2" Water Service/ Meter $ 4. 500. 00 $
EngCostEstfmate Page 4 of 14 Etfecttve Dale: January 1. 2016 563 RESOLUTION NO 2015- 078
EXHIBIT C
CITYOFCHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM. 20016
LOCATION : MerflM Avenu* - Euclid to Grove
By: Slara ItacKinnty
DATE: 812/ 2022
Quantity Unit Item Unit
Price
Total Cost
Per Item
WATER
WATER SUBTOTAL $
PROJECT ADDITIVES Project Contingertcies 10%$
Construction Staking 3%$
Soils Testing 1%$
Material Testing 1%$ •
Construction Inspection 2% S
ContractAdministration 1%$
GRAND TOTAL WATER ONLY
EngCoetEstimate Page 5 of 14 Enective Date: January 1. 2016 564 RESOLUTION NO 2015- 078
EXHIBIT C
CITY OFCHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM- 2001«
LOCATION : MarriH Awnue - Euclid to Grow
By: Stara MacKlnnty
DATE: 8/ 2/ 2022
Quantity Unit hem Unit
Price
Total Cost
Per Item
RECYCLED WATER
LS Traffic Control ( 5% of Construction Cost) 5% S
LF Trench Suooort/ Shorino f6 foot deoth)$ 15. 00 $
CY Pioe Beddino ( imoorted) S 45. 00 s
LF
6' Pipe & Fittings Installed, including excavation, bedding, backfiil and pavement restoration S 60. 00 $
LF
8" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration.$ 75. 00 $
LF
10" Pipe & Fittings Installed, including excavation,
beddino. backfill and oavement restoration $ 80. 00 s
LF
12" Pipe & Fittings Installed, including excavation,
beddino. backfill and oavement restoration $ 90. 00 $
LF
16" Pipe & Fittings Installed, including excavation,
beddino, backfill and pavement restoration $ 105. 00 $
EA 6' Gate Valve $ 1. 500. 00 $
EA 8" Gate Valve $ 2, 000. 00 $
EA 10' Gate Valve $ 2. 400. 00 $
EA 12' Gate Valve $ 2. 800. 00 $
EA 16' Gate Valve $ 3. 800. 00 s
EA Fire Hydrant Assembly per City Std.$ 7. 500. 00 s
EA Blow- off Assembly 6" per City Std.$ 4. 500. 00 $
EA 2" Air Relief Assembly $ 4. 500. 00 $
EA 1' Water Service/ Meter S 3. 500. 00 $
EA 2" Water Service/ Meter S 4. 500. 00 $
EngCostEstimsia Page6of14 Effective Date: January 1, 2016 565 RESOLUTION NO 2015- 078
EXHIBIT C
CIT\ OFCMINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM- 2001>
LOCATION : Mrrill Avnm • Euclid to Gfw
By: SItri MacKlniwy
DATE: % i2n022
Quantity UnH Item Unit
Price
Total Cost
Per Item
RECYCLED WATER
RECYCLED WATER SUBTOTAL $
PROJECT ADDITIVES Pmyecf Continaencies 10% i
Construcf/ on Stakina 3%s
SoHs Testinq 1%$
Malarial Tastina 1%$
Construction Insoaction 2%$
Contract Administration 1%s
GRAND TOTAL RECYCLED WATER ONLY
EngCosCetimate Page 7 of 14 EffBctive Date: Januaiy 1, 2016 566 RESOLUTION NO 2015- 078
EXHIBIT C
CITYOFCHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM- 20016
LOCATION : MwtHI Avtnu* - EuclM to Grove
By: Slara MacKlnnty
DATE: 8/ 2/ 2022
Quantity Unit Hem Unit
Price
Total Cost
Per Hem
SEWER
LS Traffic Control ( 5% of Construction cost) 5%$
LF Trench SupDort/ Shorlno $ 15. 00 $
LF
8* V. C. P Installed, including excavation, bedding, backfill and oavement restoration S 92. 00 $
LF
10' V. C. P. Installed, including excavation, bedding,
backfill and oavement restoration $ 98. 00 $
LF
12' V. C. P. Installed, including excavation, bedding,
backfill and pavement restoration $ 104. 00 $
LF
15" V. C. P. Installed, including excavation, bedding,
backfill and pavement restoration S 110. 00 $
LF
18" V. C. P. Installed, Including excavation, bedding,
backfill and pavement restoration S 140. 00 $
LF
21" V. C. P. installed, including excavation, bedding,
backfill and pavement restoration S 150. 00 $
LF
24" V. C. P. Installed, including excavation, bedding,
backfill and pavement restoration $ 170. 00 $
EA Sewer Saddle S 450. 00 $
EA Wves 4' x8' Tvpical $ 225. 00 $
EA 48" Sewer Manhole $ 5. 000. 00 $
EA 60" Sewer Manhole $ 6. 400. 00 $
EA Sewer Cleanout $ 1. 800. 00 $
LF
36" V. C. P. Installed, including excavation, bedding,
backfill and pavement restoration $ 255. 00 $
LF 54' Steel Casino with 1/ 2" wall thickness $ 350. 00 $ LF
30' V. C. P. Installed, including excavation, bedding,
backfiil andoavementrestoration S 300. 00 $
EA 72' Sewer Manhole $ 7. 700. 00 $
LF Remove Exisitina 16' Sewer $ 70. 00 $
EA Remove Existina Manhole S 1. 200. 00 $
EA Temporarv Sewer Piua $ 200. 00 $
EA Connect to Existina S 500. 00 $
EngCostEsUmate Page 8 of 14 Effective Date: January 1, 2016 567 RESOLUTION NO 2015- 078
EXHIBIT C
CITY OFCHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM. 200H
LOCATION : UtenliiAvnut»Euclid toGrow
By: Siwi MicKlnnty
DATE: e/ 2/ 2022
Quantity Unit Hem Unit
Price
Total Cost
Per Item
SEWER
SEWER SUBTOTAL $
PROJECT ADDITIVES Project Corttlngencles 10%$
Construction StaMna 3%$
Soils Testina 1%$
Material Testina 1%t
Construction Inspection 2%$
ContractAdministration 1%$
GRAND TOTAL SEWER ONLY
EngCostEstitnate Page 9 of 14 Effective Date: January 1. 2016 568 RESOLUTION NO 2015^ 78
EXHIBIT C
CITYOFCHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM- 20016
LOCATION : Marrfll Avenue - Euclid to Grove
By: Siara MacKinney
DATE: 6/ 2/ 2022
Quantity Unit Item Unit Total Cost
Piice Per Item
STORM DRAIN
LS Traffic Control ( 5% of Construction Cost) 5%% 97, 527. 50 LF 24" X 36" C. M. PA (10 Gauge)$ 230, 00 $
LF 27" X 43" C. M. PA ( 10 Gauae) S 250. 00 $
15 EA Storm Drain Manhoie # 1 $ 5. 000. 00 $ 75. 000. 00 0 EA Junction Structure # 2 (24" or larger)$ 4. 400. 00 $ 0 EA Junction Structure # 4 (24" or smaller)$ 2. 500. 00 $ 0 EA Outlet Sbucture $ 5. 000. 00 $
EA Catch Basin 3. 5' Width $ 5. 500. 00 $
EA Catch Basin T Width/ L. D. S 6. 100. 00 $
8 EA Catch Basin 10' Width/ L. D.$ 7. 000. 00 S 56. 000. 00 EA Catch Basin 14' Width/ L. D.$ 8. 000. 00 $
EA Catch Basin 21' Width/ L. D.% 10. 000. 00 $
0 LF
24 inch HOPE Installed, including excavation, bedding,
backfill and oavement restoration $ 50. 00 $
400 LF
18 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 130. 00 $ 52. 000. 00 0 LF
24 inch HDPE Installed, including excavation, bedding,
backfill and oavement restoration S 150. 00 $
5550 LF
24 inch RCP Installed, including excavation, bedding,
backfill and oavement restoration $ 85. 00 $ 471. 750. 00 LF
27 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 160. 00 $
0 LF
30 inch RCP installed, including excavation, bedding,
backfill and oavement restoration S 175. 00 S
LF
33inch RCP installed, including excavation, bedding,
backfill and pavement restoration $ 190. 00 $
LF
36 inch RCP Installed, including excavation, bedding,
backfill and oavement restoration $ 240. 00 $
LF
39inch RCP Installed, indudtng excavation, bedding,
backfill and oavement restoration S 260. 00 $
LF
42 inch RCP Installed, including excavation, bedding,
backfill and oavement restoration % 275. 00 $
EngCostEstimate Page 10 of 14 Eftactive Date: January 1. 2016 569 RESOLUTION NO2015- 078
EXHIBIT C
CITYOFCHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM- aoOK
LOCATION : MttHIAvnw - EucHd toGrove
By: Stow ltocKinn» y
DATE: «/ 2/ 2022
Quantity Unit Hem Unit
Price
Total Cost
Per Item
STORM DRAIN
LF
45inch RCP Installed, including excavation, bedding,
backfill and pavementrestoration $ 280. 00 $
LF
48 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration S 300. 00 $
LF
51 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 325. 00 $
0 LF
54 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 350. 00 $
LF
60 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration S 360. 00 $
LF
63inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 370. 00 $
0 LF
66 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration S 400. 00 $
0 LF
72 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 460. 00 $
LF
78 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 470. 00 %
LF
81 inch RCP installed, including excavation, bedding,
bad( fill and pavement restoration S 490. 00 %
LF
84 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 510. 00 $
0 LF
90 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 540. 00 i
LF
96 inch RCP Installed, including excavation, bedding,
backfill and pavementrestoration S 570. 00 %
0 LF
102 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration S 610. 00 $
LF
108 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 640. 00 $
0 LF
120 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration S 675. 00 $
LF
T 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 S 1. 000. 00 $
LF
8' X 13' RCB Installed, including excavation, bedding,
baddill and pavement restoration S 1. 100. 00 $
0 LF
DBLE lO' xIO' RCB Installed, including excavation,
bedding, backfill and pavement restoration $ 1. 800. 00 $ LF
9' X 12' RCB Installed, including excavation, bedding,
backfill and pavement restoration $ 1. 100. 00 $
LF
4' X6' RCB Installed, including excavation, bedding,
backfill and pavement restoration S 680. 00 $
639 LF
Dbl lO' xIO' RCB Installed, including excavation. t>edding. backfill and pavementrestoration S 1. 800. 00 $ 1. 150. 200. 00 2 £ A Brick and Morter Bulkhead $ 600. 00 S 1. 600. 00
EngCostEAImate Page 11 of14 Effective Date: January 1, 2016 570 RESOLUTION NO 2015- 078
EXHIBIT C
CITY OFCHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM^ OOie
LOCATION : MerrlU Avanu* - Euclid to Grove
By: Sltra ItocKinnty
DATE: a/ 2/ 2022
Quantity Unit Item Unit
Price
Total Cost
Per item
36 EA RGB Stand pipe riser $ 4. 000. 00 $ 144. 000. 00
EngCostEstimate Page 12 of 14 Effective Date: January 1. 2016 571 RESOLUTION NO 2015- 078
EXHIBIT C
CITY OFCHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM- 20O16
LOCATION : M« rrm Avtnu* - EucBd to Grov»
By: Stif* ItecKinn^ y
DATE; •/ 2/ 2022
Quantity Unit Item Unit
Price
Total Cost
Per Item
STORM DRAIN
STORM DRAIN SUBTOTAL $ 2, 048, 077. 50
PROJECT ADOmVES Project Contingencies 10% S 204, 807. 7$ Construction Staklna 3%$ 61. 442. 33
Soils Testing 1%S 20. 480. 78
Material Testing 1% t 20. 480. 78
Construction Insoection 2% S 40. 961. SS
Contract Administration 1% S 20. 480. 78
GRAND TOTAL STORM DRAIN ONLY 2, 416, 731. 48
EngCostEstimate Page 13 of 14 Effective Date: January 1, 2016 572 RESOLUTION NO 2015- 078
EXHIBIT C
CITYOFCHINO
H
ENGINEERING COST ESTIMATE
PROJECT NO: PM- 2001S
LOCATION: MefTlli Avenue - Euclid to Grove
By: Slare MacKhney
DATE: 8/ 2/ 2022
Quantity Unit Item Unit Total Cost
Price Per item
ENGINEER' S ESTIMATE GRAND TOTAL 6, 241, 281. 75
BY ENGINEER
Prepared By:
R. C. E. Number:
Expiration:
85559
9/ 30/ 2024
09/ 30/ 24
Place R. C. E. Stamp Here
BY CITY
Faithful Performance Bond (100% of Construction Cos^
LaborA materialBond (50% ofConstruction Cos^
WarrantyBond (10% ofConstruction Cos^
6, 241, 300. 00
3, 120, 600. 00
624, 100. 00
EngCos£ stimate Page 14 of 14 Effecttve Date: January 1. 2016 573 Contract No.:
Approval Date:
CONSTRUCTION REIMBURSEMENT AGREEMENT
MERRILL AVENUE WIDENING, INTERCONNECT & EUCLID MEDIAN
(Euclid Land Venture, LLC Project / City of Ontario)
This CONSTRUCTION REIMBURSEMENT AGREEMENT ("Agreement") is entered into this 30^ day of July 2024 ("Effective Date"), by and between CITY OF CHINO, a California municipal corporation ("City"), and EUCLID LAND VENTURE, LLC, a Delaware limited liability company ("Developer"). City and Developer are sometimes hereinafter referred to individually as "Party" and jointly as "Parties".
RECITALS
A. On December 1, 2020, the City of Ontario ("Ontario") approved a subdivision of approximately 80.653 acres of land into eight parcels within the Ontario Ranch Business Park Specific plan area, located on the northeast comer of Merrill and Euclid Avenues as shown on Exhibit A . The development project consists of seven warehouse buildings ranging from 43,400 square feet to 1,099,000 square feet, totaling a maximum of 1,676,000 square feet of warehouse and office uses (the "Project"). In response to the EIR for the Project, tlie City submitted a comment letter requesting full width improvements on Euclid Avenue and Merrill Avenue and noted that it had funding to contribute to the costs relating thereto.
B. Pursuant to that certain Development Agreement No. PDA 19-001, effective between Ontario and Developer ("Development Agreement"), and the conditions of approval provided on F.vhihit B for said Project, Developer was required to design and construct public improvements along the perimeter of Merrill Avenue to mitigate traffic impacts resulting from the Project as a condition of development approval.
C. Developer is obligated to construct full-width ultimate street improvements on the north side of Merrill Avenue within Ontario City limits, including curb, gutter, sidewalk, landscaping, and streetlights, as part of the Merrill Avenue Widening to be eligible for reimbursement from Ontario's Development Impact Fee ("DIP') program.
D. On the south side of Merrill Avenue within Chino City limits, fronting the San Bemardino County Airport, Developer is obligated to construct street improvements up to the curb, excluding sidewalk, landscaping, and streetlights ("Merrill Improvements").
E. On October 18, 2022, the Developer entered into a Public Improvement Agreement with City and provided necessary securities to ensure timely completion of the Merrill Improvements.
F. The Merrill Improvements are estimated to cost $7,015,250, based on competitive bids.
G. Subsequently, Developer and City reached an agreement for full-width ultimate street improvements on the south side of Merrill Avenue, which will include traffic signal interconnect, sidewalks, landscaping, and streetlights ("Additional Improvements"). 7-lO-20v2
574
H. Developer has elected to construct the Additional Improvements in excess of those specifically required by the conditions of approval, which are estimated to cost $3,362,838.
I. The City received $5.0 million from the Scannell/Fed-Ex project ("Developer Deposit") which is designated for future improvements along the San Bernardino County Airport perimeter.
J. City completed a comprehensive airport right-of-way survey funded by the Developer Deposit. Upon approval by the Federal Aviation Administration ("FAA"), the City will proceed to acquire the necessary ultimate right-of-way for the streets surrounding the airport.
K. Concurrently with this Agreement, the City entered into a Right of Entry Agreement with San Bernardino County to facilitate the construction of the Additional Improvements, while the City awaits approval from the FAA to proceed with the formal right-of-way dedications along Merrill Avenue.
L. The remaining Developer Deposit will fund additional enhancements on Merrill Avenue, including sidewalks, landscaping, and lighting.
M. The Preserve Circulation DIF program will offset costs not covered by the Developer Deposit for the construction of Merrill Avenue and the Additional Improvements, as established in Chapter
3.45 of the Chino Municipal Code ("DIF Ordinance**).
N. DIFs have been established by City to finance public facilities in furtherance of the goals and objectives of City's general plan, various facility master plans, capital improvement plans, and the nexus reports described in the DIF Ordinance ("Nexus Reports").
O. The DIF Ordinance provides that if, as a condition of approval of a development project, a developer constructs a public facility identified in the Nexus Reports, Developer shall be entitled to reimbursement for eligible costs of constructing the public facility. The DIF Ordinance specifically requires that the Developer and City enter into a reimbursement agreement.
P. Additionally, pursuant to the terms of the Development Agreement and the conditions of approval for said Project, Developer was required to design and construct public improvements along the perimeter of Euclid Avenue to mitigate traffic impacts resulting from the Project as a condition to the development.
Q. As part of the Euclid Avenue widening efforts, the City is responsible for the west half of the street improvements and raised Euclid Median between Merrill and Eucalyptus Avenues ("Euclid Improvements")
R. Over the years, City developments along the Euclid Avenue corridor located in the Citywide DIF program paid an in-lieu-of-construction fee for the Euclid Median and Widening. The City will utilize these in-Iieu deposits to offset costs associated with the Euclid Improvements.
S. The City will include a new project in the next update to the Nexus Report to cover costs not funded by the in-lieu fees for Euclid Avenue Improvements. DIF ensures adequate funding for regional infrastructure in the general City area.
T. The Euclid Improvements are estimated to cost $5,331,013 based on competitive bids.
U. Developer will proceed with finalizing engineering plans for the Additional Merrill Improvements concurrently with the commencement of construction for Merrill and Euclid Improvements (referred to collectively as "Public Improvements") as shown on Exhibit C. This coordinated approach 575
is essential to avoid project delays, niinimi2» road closures, and maintain the project schedule, thereby minimizing disruptions to traffic and the local community.
V. Developer agreed, at its own expense, to flunish all equipment and materials necessary to perform and complete in a good and workmanlike manner, the improvements and to advertise, publicly bid, and award a contract for construction of the Public Improvements in accordance with Public Contract Code and comply with all applicable provisions of California law, including but not limited to the prevailing wage provisions contained in the Labor Code.
W. The City and Developer are committed to expediting the completion of Public Improvements, which may require overtime pay for night and weekend work to meet this objective. City will allow additional expenses under the construction contract for this effort, recognizing its community benefits and the financial burdens faced by affected businesses in the area.
X. Allowances for soft costs related to engineering and inspection shall not exceed 25% of the construction costs. If these soft costs exceed the 25% threshold, the excess amount will be borne solely by the Developer.
Y. Developer and City desire to memorialize herein Developer's right to the highest priority reimbursement of funds from the Preserve Circulation DIP Fund, Citywide Circulation DIF Fund, and InLieu Fees in consideration of the construction of the Public Improvements.
Z. City and Developer desire to enter into this Agreement for the following purposes: (i) to provide for the timely construction and completion of the Public Improvements, (ii) to ensiue that construction of the Public Improvements is undertaken in accordance with the City's Plans and Specifications, and the laws and ordinances pertaining to the construction of the Public Improvements, (iii) to provide the methodology for establishing the reimbursement amount to which Developer shall be entitled after completion of the Public Improvements.
NOW, THEREFORE, for the purposes set forth herein, Developer and City hereby agree as follows:
AGREEMENT:
1. Incorporation of Recitals. The Parlies hereby affirm the facts set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein.
2. Construction of Public Improvements. Developer shall construct the Public Improvements in accordance with the Plans and Specifications and the provisions set forth in this Agreement. Developer shall provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary to complete the Public Improvements fully and adequately.
2.1 Pre-approval of Plans and Specifications. Developer is prohibited from commencing work on any portion of the Public Improvements until ail plans and specifications for the Public Improvements have been submitted to and approved in writing by City ("Plans and Specifications"). Approval by City shall not relieve Developer from ensuring that all Public Improvements conform to all applicable laws, ordinances and regulation under California and federal law.
2.2 Permits and Notices. Prior to commencing any work. Developer (through its contractors) shall, at its sole cost and expense, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the Public Improvements and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full 576
compliance with the regulations, rules, and other requirements contained in this Agreement, any applicable law, and any permit or license issued to Developer.
2.3 Public Works Requirements. Developer shall ensure that the bidding, awarding, and construction of the Public Improvements are undertaken as if such Public Improvements were constructed as a public works project under the direction and authority of City, pursuant to all provisions of law applicable to governmental entities. Developer shall also comply with the requirements of City's Bidding and Contract Requirements for Public Improvements Policy, as adopted by City Council, hereby incorporated by reference and made a part of hereof (as may be amended from time to time). (a) Developer's general contractor for the construction of the Public Improvement (''General Contractor") shall pay prevailing wages (in accordance with Articles 1 and 2 of Chapter 1, Part 7, Division 2 of the Labor Code) and otherwise comply with applicable provisions of the Labor Code, the Government Code, the Civil Code, and the Public Contract Code relating to public works projects of cities and as required by the procedures and standards of City with respect to the construction of its public works projects or as otherwise directed by City Engineer. (b) All contractors shall be required to provide proof of insurance coverage throughout the term of the construction of the Public Improvements which they will construct in conformance with Section 5 of this Agreement.
2.4 Schedule of Performance. Developer shall commence construction of the Public Improvements in accordance with the Schedule of Performance attached as Exhibit D.
2.5 Standard of Performance. Developer and its contractors shall perform all work required, constructing the Public Improvements in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of their performance of the work.
2.6 Alterations to Public Improvements. AH work shall be done and the Public Improvements completed as shown on the Plans and Specifications, and any subsequent material alterations thereto mutually agreed upon by City and Developer. If Developer desires to make any material alterations to the Plans and Specifications, it shall provide written notice to City of such proposed material alterations.
City shall have ten (10) business days after receipt of such written notice to administratively approve or disapprove such material alterations, which approval shall not be unreasonably withheld, conditioned or delayed. If City fails to provide written notice to Developer of its approval or disapproval of the material alterations within such ten (10) business day period, City will be deemed to have disapproved such material alterations to the Plans and Specifications. Any and all material alterations in the Plans and Specifications and the Public Improvements to be completed may be accomplished without first giving prior notice thereof to Developer's surety for this Agreement.
2.7 Force Maieure. Developer agrees that tlie time within which it shall be required to perform any act under this Agreement shall not be extended except as follows: (i) Developer is delayed by City (including, without limitation, restrictions on priority, initiative or referendum, or moratoria), in which case Developer shall provide written notice to City specifically describing the nature and extent of the delay caused by City and Developer's detailed efforts to avoid such delay, which references this section and deliver such notice within twenty (20) days of discovering such delay, and Developer's obligations 577
shall be extended for such time as City deems reasonable as a result of the delay if and only if Developer provides such written notice to City within such time; or (ii) Developer is delayed due to war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, casualties, natural disasters, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, processing with any governmental agencies, unusually severe weather, or any other similar causes beyond the control of Developer or without the fault of Developer. An extension of time for any such cause shall be for the period of the enforced delay equal to the number of days during which Developer's performance was delayed and shall commence to run from the time of the commencement of the cause, if written notice by Developer claiming such extension is sent to City within twenty (20) days of knowledge of the commencement of the cause.
3. Security; Surety Bonds. Prior to the commencement of any work on the Public Improvements, Developer or its contractor shall provide City with surety bonds in the amounts and under the terms set forth below or, at City's request, in lieu of surety bonds, a letter of credit or letters of credit issued by a banking institution with a rating to be approved by (Ility and in the form and upon terms approved by City ("Security"). The amount of the Security shall be based on the estimated actual costs ("Estimated Costs") to constnict the Public Improvements, as determined by City after Developer has awarded a contract for construction of the Public Improvements to the lowest responsive and responsible bidder in accordance with this Agreement. If City determines, in its sole and absolute discretion, that the Estimated Costs have changed, Developer or its contractor shall adjust the Security in the amount requested by City.
Providing the Security shall not release Developer of its indemnification obligation in Section 4.
3.1 Performance Bond. To guarantee the construction of the Public Improvements and faithful performance of all the provisions of this Agreement, to protect City if Developer is in default as defined in Section 13, and to secure the Warranty of the Public Improvements pursuant to Section 10, Developer or its contractor shall provide City a faithful performance bond in an amount which sum shall be not less than one hundred percent (100%) of the Estimated Costs. City may, in its reasonable discretion, partially release a portion or portions of the security provided under this section as the Public Improvements are completed by Developer, provided that Developer is not in default on any provision of this Agreement and the total remaining security is not less than twenty percent (20%) of the Estimated Costs. All security provided under this section shall be released upon the final acceptance by the City Council of the City, provided that Developer is not in default of this Agreement.
3.2 Labor & Material Bond. To secure payment to the contractors, subcontractors, laborers, malerialmen, and other persons furnishing labor, materials, or equipment for performance of the Public Improvements and this Agreement, Developer or its contractor shall provide City a labor and materials bond in an amount which sum shall not be less than fiffy percent (50%) of the Estimated Costs.
All security provided under this section shall be released upon the final acceptance by the City Council of the City, provided that Developer is not in default of this Agreement.
3.3 Additional Requirements. The surety fOr any surety bonds provided as Security shall have a current A.M. Best rating of at least "A" and FSC-VIII, shall be licensed to do business in California. As part of the obligation secured by the Security and in addition to the face amount of the Security, Developer and its contractor or the surety shall secure the costs and reasonable expenses and fees, including reasonable attorneys' fees and costs, incurred by City in enforcing the obligations of this Agreement. Developer and its contractor and the surety shall stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the Public Improvements, or the Plans and Specifications shall in any way affect its obligation on the Security.
4. Indemnification. Developer shall defend, indemnify, and hold harmless City, its elected officials, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental agency, arising out of 578
or incident to any acts, omissions, negligence or wiUfiil misconduct of Developer in connection with the performance of this Agreement ("Claims")- This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, reasonable attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any Claim which is caused by the negligence, fi-aud, or willful misconduct of City, as determined by a court or administrative body of competent jurisdiction and excludes any Claims arising out of incidents occurring after the date of the City's acceptance of the Public Improvements. Developer's obligation to indemnify regarding Claims arising from incidents occurring prior to the date of the City's acceptance of the Public Improvements shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, employees, or agents.
5. Insurance.
5.1 Types; Amounts. Developer shall procure and maintain, and shall require its contractors to procure and maintain, during performance of this Agreement, insurance of the types and in the amounts described below ("Required Insurance"). If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit.
5.1.1 General Liability. Occurrence version general liability insurance, or equivalent form, with a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage.
5.1.2 Business Automobile Liability. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any auto owned, leased, hired, or borrowed by the insured or for which the insured is responsible.
5.1.3 Workers' Compensation. Workers' compensation insurance with limits as required by the Labor Code of the State of California and employers' liability Insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence, at all times during which insured retains employees.
5.1.4 Professional Liability. For any consultant or other professional who will engineer or design the Public Improvements, liability insurance for errors and omissions with limits not less than One Million Dollars ($ 1,000,000) per occurrence, shall be procured and maintained for a period of five (5) years following completion of the Improvements. Such Insurance shall be endorsed to include contractual liability.
5.2 Deductibles. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; or (b) Developer and its contractors shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses. 53 Additional Insured: Separation of Insureds. The Required Insurance, except for the professional liability and workers' compensation insurance, shall name City as an additional insured with respect to work performed by or on behalf of Developer or its contractors, including any materials, parts, or equipment furnished in connection therewith. The Required Insurance shall contain standard 579
separation of insureds provisions and shall contain no special limitations on the scope of ite protection to City, its elected officials, officers, employees, or agents.
5.4 Primary Insurance: Waiver of Subrogation. The Required Insurance shall be primary with respect to any insurance or self-insurance programs covering City, its elected officials, officers, employees, or agents. The policy required for workers' compensation insurance shall provide that the insurance company waives all right of recovery by way of subrogation against City in connection with any damage or harm covered by such policy.
5.5 Certificates; Verification. Developer and its contractors shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City before work pursuant to this Agreement can begin. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
5.6 Term: Cancellation Notice. Developer and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. All policies shall, to the extent available from commercially reasonable insurance providers, be endorsed to provide that the Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire except on thirty (30) days' prior written notice to City.
5.7 Insurer Rating. Unless approved in writing by City, all Required Insurance shall be placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least -'A-" and FSC-VIII.
6. Maintenance of Improvements. City shall not be responsible or liable for the maintenance or care of, and shall exercise no control over, the Public Improvements until such Public Improvements are accepted by City. Developer shall have no obligation to make the Public Improvements available for public use at any time before the Public Improvements are accepted by City. Any use by any person of the Public Improvements, or any portion thereof, shall be at the sole and exclusive risk of Developer at all times prior to City's acceptance of the Improvements. Developer shall maintain all of the Public Improvements in a state of good repair until they are completed by Developer and accepted by City.
Prior to acceptance by the City, it shall be Developer's responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this section. City may, upon written notice and Developer's failure to remedy as provided in Section 13, do all work necessary for such maintenance, and the cost thereof shall be the responsibility of Developer and its surety under this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Public Improvements or their condition prior to acceptance, except to the extent such damage or injury is caused by the negligence, fi-aud, or willful misconduct of City, its elected officials, employees, and/or agents.
7. City Inspection of Public Improvements. Developer shall, at its sole cost and expense, and at all times during construction of the Public Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City of the Public Improvements and areas where construction of the Public Improvements is occurring or will occur. Developer shall give notice to City when the construction of all or a portion of the Public Improvements is complete. Upon receiving such notice, City may inspect the Public Improvements and request any modifications or corrections as may be deemed reasonably necessary by City Engineer, in his or her sole discretion, to bring the Public Improvements into confonnity with the Plans and Specifications, including any approved revisions thereto. Developer or Developer's contractors shall make all such modifications and corrections requested by City Engineer. 580
8. Liens. Developer shall not permit any liens to be filed against the Public Improvements and indemnifies City with respect to any such liens. Upon the expiration of the time for the recording of claims of liens as prescribed by Sections 8412 and 8414 of the Civil Code with respect to the Public Improvements, Developer shall provide to City such evidence or proof as City shall reasonably require that all persons, firms, and corporations supplying work, labor, materials, supplies, and equipment to the construction of the Public Improvements have been paid, and that no claims of liens have been recorded by or on behalf of any such person, firm, or corporation. Rather than await the expiration of the said time for the recording of claims of liens, Developer may elect to provide to City a title insurance policy or other security acceptable to City guaranteeing that no such claims of liens will be recorded or become a lien upon any of the subject property.
9. Acceptance of Improvements: As-Built or Record Drawings. If the Public Improvements are completed by Developer in accordance with the Plans and Specifications, as reasonably determined by City Engineer, City shall accept the Public Improvements. City may, in its reasonable discretion, accept fully completed portions of the Public Improvements prior to such time as all of the Public Improvements are complete, which shall not release or modify Developer's obligation to complete the remainder of the Public Improvements. Upon the total or partial acceptance of the Public Improvements by City, Developer shall file with the Recorder's Office of the County of San Bernardino a notice of completion for the accepted Improvements in accordance with California Civil Code Section 9204 ("Notice of Completion"), at which time the accepted Public Improvements shall become the sole and exclusive property of City without any payment therefor, except as expressly set forth herein. Notwithstanding the foregoing, City may not accept any Public Improvements (or the applicable portion thereof) unless and until Developer provides the "as-built" or record drawings or plans to City for all such Public Improvements (or the applicable portion thereof). The drawings shall be certified and shall reflect the condition of the Public Improvements as constructed, with all changes incorporated therein.
10. Warranty and Guaranty. Developer warrants and guarantees all the Public Improvements against any defective work or labor done, or defective materials ^mished in the performance of this Agreement, including the maintenance of the Public Improvements, for a period of one (1) year following completion of the work and acceptance by City ("Warranty"). During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise materially unsatisfactory portion of the Improvements, in accordance wth the Plans and Specifications. All repairs, replacements, or reconstruction during the Warranty period shall be at the sole cost and expense of Developer, and shall not be eligible for reimbursement. As to any Public Improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer hereby agree to provide a warranty for a one (1) year period following City acceptance of the repaired, replaced, or reconstructed Public Improvements. Developer's warranty obligation under this section shall survive the expiration or termination of this Agreement.
11. Reimbursement.
11.1 The City Engineer has determined that the total cost of the Public Improvements that are eligible for reimbursement are estimated to be Fifteen Million Seven Hundred Nine TTiousand One Hundred dollars ($15,709,100) (^'Estimated Costs"). The Estimated Costs shall be subject to adjustment based on the final accepted and approved "as-built" plans and specifications and the review of actual cost documentation by the City Engineer upon the final acceptance of the Public Improvements by the City ("Actual Cost").
11.2 Developer shall be reimbursed for the Actual Cost that the Developer incurs to construct the Public Improvements pursuant to the procedure set forth in this section. 113 Reasonable Soft Costs. City Engineer shall, in his or her reasonable discretion, determine the amount of reasonable soft costs eligible for reimbursement. Such amounts may include 581
professional engineering and design services, constraction management, soils testing, permits, plan check fees, and inspections, but shall not include interest or attorneys' fees. For soft costs to be reimbursable to Developer pursuant to this Agreement, City must be able to verify that such soft costs are specifically attributable to the specified Public Improvements for which reimbursement is being made, by reference to separate subcontract(s) or by another means approved by City in writing. The total amount of the soft costs shall not exceed twenty-five percent (25%) of the construction costs. Any soft costs incurred by Developer in excess of such twenty-five percent (25%) of the construction costs, as approved by the City Engineer shall be the sole responsibility of Developer. Additionally, City Engineer may, in his or her reasonable discretion, reduce or disallow reimbursement for any costs he finds excessive or unreasonable.
11.4 Developer may submit to the City payment requests during the course of construction based on completed work. Developer shall provide documentation supporting each payment request, including but not limited to progress reports, material receipts, and any other relevant documentation requested by City.
11.5 City shall, within ten (10) days after the submittal of such payment request, review and approve the invoice or deliver to Developer a request for revisions to such invoice along with a detailed explanation of the reasons for such request for revision. City may extend this review for a period not to exceed an additional ten (10) days if more time is reasonably needed in light of the submittal. In the event of the delivery by City to Developer of a request for revision, Developer, City and the applicable contractor shall then promptly cooperate to revise and resubmit such invoice, as appropriate, and City shall then, within five (5) days after the resubmittal of such invoice, review and approve the invoice or deliver to Developer an additional request for revisions to such invoice along with a detailed explanation of the reasons for such request for revision. Such process shall continue until the invoice is approved by the City and, thereafter, the City shall provide payment of the invoice to Developer within five (5) days after such approval. City's review of invoices hereunder shall be conducted in good faith and City's approval shall not be unreasonably withheld, conditioned, or delayed.
11.6 The City shall retain five percent (5%) of each progress payment as retention until final completion and acceptance of the Public Improvements by the City. The retention amount shall serve as security for the satisfactory completion of all obligations under this contract, including rectification of defects and outstanding workmanship prior to the final acceptance of Public Improvements. Acceptance of the Public Improvements shall be subject to the procedures in Section 9 of this Agreement.
11.7 Final Payment. City shall reimburse the remaining balance of the Actual Costs to Developer, including any withheld amounts, upon satisfaction of the following:
11.7.1 Completion of Construction. Developer shall have completed the construction of the Public Improvements acceptable to City, and thirty (30) days have elapsed since notices of completion have been recorded in relation to the Public Improvements, in accordance with California Civil Code Sections 9204 and/or 8182 (as applicable). The purpose of this provision is to ensure that the Public Improvements will be independently functional and to maintain consistency with vesting rights, and nothing herein shall be deemed to make any part of the Project a public work other than the Public Improvements.
11.7.2 Submission of Documents. Developer shall have made full and complete payment of all undisputed claims for work performed on the Public Improvements, or in the event of a dispute between Developer and the General Contractor or a subcontractor, Developer shall have obtained a commercially reasonable bond reasonably satisfactory to City to release any applicable mechanics' lien or stop notice, and Developer shall have submitted and City shall have approved a written request for the 582
reimbursement, including copies of all bills and/or invoices evidencing the costs of constructing the Public Improvements actually incurred by Developer and any other documents reasonably required by City.
11.7.3 As-Built Drawings. Pursuant to Section 9, Developer shall have submitted final as-built drawings for the Public Improvements to City Engineer.
11.7.4 Acceptance of Required Public Improvements bv Citv. The City Council shall have accepted title to the Public Improvements. 11«8 No Default. Developer shall not be in default in any of its obligations under the terms of this Agreement, and all representations and warranties of Developer contained herein shall be true and correct in all material respects.
11'9 Citv Ability to Reimburse. The City represents and warrants that it has the financial ability and means to pay all reimbursements described in this Agreement. The City further warrants that it has allocated sufficient funds and identified future funding sources and obtained all necessary approvals to fulfill its payment obligations under this Agreement.
12. Assiunment. Prior to completion of the Public Improvanents, Developer may assign this Agreement to a third party ("Assignment"), subject to the approval of City's Director of Development Services ("Director") in his/her reasonable discretion. If Developer desires to assign this Agreement, Developer shall provide detailed information as to the proposed assignee ("Assignee") as requested by City including but not limited, evidence of Assignee's right to acquire the subject property, its background and financial information evidencing the ability of Assignee to complete the Public Improvements. Any assignment of this Agreement shall not release the assignor.
13. Default: Notice: Remedies.
13.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation or code, City may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation ("Norice of Default"). Developer shall substantially commence the work required to remedy the default or violation within five (5) business days after its receipt of the Notice of Default, or such longer period as is reasonably necessary to substantially commence such remedial work. If the default or violation constitutes an immediate threat to the public health, safety, or welfare. City may provide the Notice of Default verbally, and Developer shall substantially commence the required work within twenty-four (24) hours thereof. Immediately upon City's issuance of the Notice of Default, Developer and its surety shall be liable to City for all costs of construction and installation of the Public Improvements and all other administrative costs or expenses, as provided for in Section 15 of this Agreement.
13.2 Failure to Remedy: Citv Action. If the work required to remedy the noticed default or violation is not commenced within the time required under Section 13.1 of this Agreement and diligently prosecuted to completion. City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its reasonable discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost and expense of Developer and its surety, without the necessity of giving any further notice to Developer or surety. In the event City elects to complete or arrange for completion of the remaining work and the Public Improvements, City may require all work by Developer or its surety to cease in order to allow adequate coordination by City.
10 583
133 Other Remedies. No action by City pursuant to tiiis Section 13 shall prohibit City from exercising any other right or pursuing any other legd or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise its rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance.
14. Administrative Costs. If Developer fails to construct and install all or any part of the Public Improvements, or if Develop)er fails to comply with any other obligation contained herein. Developer and its surety shall be jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable attorneys* fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law.
15. Miscellaneous.
15.1 Relationship between the Parties. The Parties hereby mutually agree that this Agreement shall not operate to create the relationship of partnership, joint venture, or agency between City and Developer. Developer's contractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of City.
15.2 Authority to Enter Agreement. Each person executing this Agreement on behalf of Developer represents and warrants that he or she has the legal power, right and authority to execute this Agreement on behalf of Developer and that this Agreement is binding upon Developer.
15.3 Notices. Any notice, demand, request, consent, approval, or communication either Party desires or is required to give to the other Party or any person shall be in writing and either served personally, communicated electronic mail (with a receipt requested), or sent by prepaid, first-class mail to the address set forth below. Notice shall be deemed communicated immediately upon personal delivery, fax or email receipt, or forty-eight (48) hours from the lime of mailing if mailed as provided in this Section:
To City; City of Chino
13220 Central Avenue
Chino, CA 91710
Attn: Hye Jin Lee, P.E.
Director of Public Worics
Email; [email protected]
With Copy to: Aleshire & Wynder, LLP
1 Park Plaza, Suite 1000
Irvine, CA 92614
Atm; Fred Galante, Esq.
Email; [email protected]
To Developer: Euclid Land Venture, LLC
c/o Real Estate Development Associates, LLC
4450 MacArthur Blvd., Suite 100
Newport Beach, California 92660
Attn; Jeff Johnston
Email; iiohnston@j'edallc.com
11 584
With Copy To: Allen Matkins Leek Gamble Mallory & Natsis LLP 2010 Main Street, Eighth Floor
Irvine, California 92614
Email: [email protected]
15.4 Cooperation: Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.
15.5 Construction: References: Captions. The Parties agree that the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.
Any term referencing time, days, or period for performance shall be deemed calendar days and not work days, unless specified therein. All references to Developer include all personnel, employees, agents, and contractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, au^ent, or describe the scope, content, or intent of this Agreement.
15.6 Amendment: Modification. No supplement, modification, or amend-mint of this Agreement shall be binding unless executed in writing and executed by both Parties.
15.7 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise.
15.8 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns.
This section shall not be construed as an authorization for any Party to assign any right or obligation.
15.9 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
15.10 invaliditv: Severabilitv. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
15.11 Governing Law: Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties* activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of San Bernardino, California.
15.12 Time is of the Essence. Time is of the essence in this Agreement, and the Parties agree to execute all documents and proceed with due diligence to complete all covenants and conditions.
15.13 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument.
15.14 City Officers and Emoiovees. No officer or employee of City shall be personally liable to Developer or any successors in interest in the event of any default or breach by City or for any amount that may become due to Developer or any successoifs) in interest or for breach of any obligation of the terms of this Agreement. No officer or employee of Developer shall be personally liable to City or 12 585
any successors) in interest in the event of any default or breach by Developer or for any amount that may become due to City or their successors in interest or for breach of any obligation of the terras of this Agreement.
15.15 Entire Agreement. This Agreement contains the entire agreement between City and Developer and supersedes any prior oral or written statements or agreements between City and Developer.
15.16 Attorneys' Fees. Notwithstanding the provisions of Section 14 above, in the event of any litigation arising from or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs of litigation reference:
15.17 Eyhlhits. The following exhibits are attached hereto and incorporated herein by Exhibit A Location Map
Exhibit B Conditions of Approval
Exhibit C Public Improvements
Exhibit D Schedule of Performance
Exhibit E Estimated Costs
(SIGNATURES ON FOLLOWING PAGE]
13 586
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.
APPROVED AS TO FORM:
ALESHIRE & WtoDER^LLP
Fred Galante
City Attorney
APPROVED AS TO CONTENT:
Hye Le
Director of Public Works
ATTEST:
By:
Natalie Gonzaga
City Clerk
, -y
EUCLID LAND VENTURE, LLC,
a Delaware limited liability company:
By: RBV Euclid, LLC,
a Delaware limited liability company,
its managing member
By: REDA Bascom Ventures, LLC,
a Delaware limited liability company,
its managing member
By: Real Estate Development Associates, LLC,
a California limited liability company,
its administrative member
By:
Carl W. Golte^ann
Authorized Sw^atory
CITY OE NO
Dr da Reich
anager
Dated:
14 587
CALIFORNIA ALL-PURPOSE ACKNOWLEDQMENT CIVIL CODE 9 1188 A notary public or cither officer completing this certificate verifies only the Idently of the indhMual who signed the document to which this certificate is attached, wd net the truthfuinees, accuracy, or vaBdIty of that dociffnert.
State of California
County of
On
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personally appeared
before me, ^
Hem Inswt Name and Tide of the Officer
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Name(s) of Sfgner^)
who proved to me on tiie basis of satisfactory evidence to be the person^^whose name^T^^are subscribed to the within instrument and acknowledged to me that (ff^^e/they executed the sarne in ^fiS/her/their authorized capacity(ies); and that byfi^er/their signatureW'on the Instrument the person(8). or the entity upon behalf of which the person^s) acted, executed the instrument ' 'OANAOmELo' I
COMM. #2394774 2
Notary Public • California g
Orange County
My Cynrn. Expires Fefa^ 23^ 2(^ [
I certify under PENALTY OF PERJURY under the laws
of the State of Caiifomia that the foregoing paragraph
is true and
WfTNESS hand and Qffi^isrseal.
Signature
StgrmtumxeNot
Place Notary Sea/ Atx>ve
OPTIONAL
Though this section is opffonaf, completing this information can dbfer alteration of the doci^nent or fraudulent mattachment of this form to an unintended document Description of Attached Document
Title or Type of Document:
Number of Pages: Slgner(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Doc
Signer's Nam
ument Date:
□ Corporate Officer — Titie(s):
□ Partner — □ Limited □ General
□ Individual □ Attorney in Fact
□ Trustee □ Guardian or Cons«vator
□ Other.
Signer Is Representing:
e:
□ Corporate Officer — Titie(s):
□ Partner — □ Limited □ General
□ Individual □ Attorney in Fact
□ Trustee □ Guardian or Conservator
□ Other
Signer Is Representing:
Q2014 National Notary Association • virww.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6^7) it^n #5907 01225
588
EXHIBIT A
LOCATION MAP
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PROPOSED
BUILDINGS
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CITY OF CHINO
MERRILL AVE.
jnm DRAM MPRmoors 10 ~i500' south of yosou.
sncn VRMkons to •400'
LEGEND:
PROPERTY BOUNDARY
STREET RIGHT OF WAY
STREET CENTERUNE
STREET WIDENING & STORM DRAIN WORK WITHIN
WestLAWP
JCrOUp/ Inc. Engineering •GeospaCal* land Planning
4150 CONCOURS, ONTARIO. OA 91764
PHONE: (909) 989-9789 FAX: (909) 969-9660 N.T.S.
Ontario Ronch Business Pork Specific Plan
590
EXHIBIT B
CONDITIONS OF APPROVAL
lATTACHEDl
591
B-l
EXHIBIT "E"
TO THE DEVELOPMENT AGREEMENT
DESCRIPTION OF REQUIRED IMPROVEMENTS
1. OWNER shall design, construct, and complete the following Improvements, Potable Water (WT), Storm Drain (SD), Streets (ST), Sewer (S\AO, Recycled Water (RW), and Fiber Optics (FO), as descnbed, prior to OWNER'S request for final occupancy of the first building:
a. WT on Euclid Avenue between Eucalyptus Avenue and Merrill Avenue (Local Water GIF Project WT-011).
b. WT on Sultana Avenue between Eucalyptus Avenue and Memll Avenue.
c. WT on Eucalyptus Avenue between Euclid Avenue and Grove Avenue (Local Water OIF Project WT-011).
d. WT on Eucalyptus Avenue between Grove Avenue and Carpenter Avenue {Regional Water DIF Project, portion of Phase 2A Water). e. WT on Merrill Avenue between Euclid Avenue and Walker Avenue (Local Water DIF Project WT-011).
f. WT on Walker Avenue between Eucalyptus Avenue and Merrill Avenue (Local Water DIF Project WT-011).
g. SD onsite detention shall be designed, constructed, and completed by OWNER prior to issuance of the first building permit. However.
OWNER is eligible to request from CITY a grading permit prior to the completion of the SD onsite detention.
h. OWNER shall contribute to the construction of the ultimate Euclid Avenue SD connection, south of Merrill Avenue. OWNER shall participate in funding the construction of the ultimate Euclid Avenue SD connection, south of Merrill Avenue. OWNER shall pay the CITY within thirty (30) days of the execution of the Agreement, in the amount of Two Million Four Hundred Forty Six Thousand One Hundred Ninety One Dollars ($2,446,191) in recognition of OWNER'S contribution to the ultimate Euclid Avenue SD connection south of Merrill Avenue. Upon OWNER'S full and complete payment to CITY, the CITY shall issue a Certificate of DIF Credit in the Regional Storm Drain Category equal to the contribution amount 37 592
B-2
paid to the CITY. Such Regional Storm Drain Certificate shall be issued by CITY within thirty (30) days of the receipt of such required payment. OWNER shall also mitigate flooding of existing storm drain facilities downstream of the Project site, in the City of Chino, caused by the Project, to the satisfaction and approval of the City of Chino and the City Engineer.
(. SD on Euclid Avenue from Eucalyptus Avenue to Merrill Avenue.
J. SD on Eucalyptus Avenue between Euclid Avenue and Sultana Avenue.
k. SD on Sultana Avenue between Eucalyptus Avenue and Merrill Avenue.
I. SD on Merrill Avenue between Euclid Avenue and Sultana Avenue. m. As part of the SD improvements the OWNER shall be responsible for the Plan and Profile drawings of the ultimate SD improvements downstream on Euclid Avenue from Merrill Avenue to the ultimate point of connection south to Pine Avenue, in the City of Chino. to the satisfaction of the City Engineer.
n. SD bleeder line or alternative interim connection at the discretion of the City on Euclid Ave south of Merrill Ave. This shall connect to the SD on Merrill Ave between Euclid Ave and Sultana Avenue. o. Two (2) Debris Separation Baffle Boxes at the intersections of Euclid Avenue and Merrill Avenue.
p. Full half ST improvements on the south half and circulation lane improvements on the north half of Eucalyptus Avenue from Euclid Avenue to Sultana Avenue.
q. Full half ST improvements on both sides of Merrill Avenue between Euclid Avenue and Sultana Avenue.
r. Full half ST improvements on Euclid Avenue between Eucalyptus Avenue and Merrill Avenue.
s. Full half ST improvements on the west side and circulation lane improvements on the east side of Sultana Avenue between Eucalyptus Avenue and Merrill Avenue.
38 593
B-3
t. Modifications to existing traffic signals at intersections of Euclid/Eucalyptus Avenues and Euclid/Merrill Avenues.
u. Bus rapid transit (BRT) Improvements along Euclid Avenue.
V. Traffic Signal at Sultana/Eucalyptus Avenues.
w. Traffic Signal at Sultana/Merrill Avenues.
X. SW (Westem Trunk Sewer) in Euclid Avenue (or through the Chino Airport) between Kimball Avenue and Merrill Avenue (Regional Sewer DIE Project SW-002).
y. SW (Westem Trunk Sewer) on Merrill Avenue between Euclid Avenue and Sultana Avenue (Regional Sewer DIP Project SW-002). z. SW in Euclid Avenue between Merrill Avenue and Eucalyptus Avenue (Local Sewer DIP Project SW-011).
aa.SW in Sultana Avenue between Merrill Avenue and Eucalyptus Avenue.
bb.RW in Euclid Avenue between lEUA point of connection on Eucalyptus Avenue and Merrill Avenue.
cc. RW in Merrill Avenue between Euclid Avenue and Sultana Avenue. dd.RW in Sultana Avenue between Menil! Avenue and lEUA point of connection on Eucalyptus Avenue.
ee.FO on Eucalyptus Avenue between Euclid Avenue and Sultana Avenue.
ff. FO on Euclid Avenue between Eucalyptus Avenue and Merrill Avenue.
gg. FO on Merrill Avenue between Euclid Avenue and Sultana Avenue.
2. CITY shall design, construct, and complete the Phase 2 Water (WT) Improvements and Interim Chino Avenue Loop. The Phase 2 Water Improvements wilt be constructed by the CITY In phases, with the Initial improvements, designated as Phase 2A Water Improvements, Interim Chino Avenue Loop, and Phase 2B Water Improvements as described below
39 594
B-4
a. Phase 2A Water Improvements shall consist of the following:
i. WT on Grove Avenue between Eucalyptus Avenue and Chino Avenue (Regional Water DIP Project WT-010).
b. Interim Chino Avenue Loop shall consist of the following:
i. WT on Chino Avenue between Cucamonga Channel and
Grove Avenue, which will provide the second point of
connection from the 1010 Pressure Zone (Local Water DIP Project WT-009).
ii. Pressure Reducing Station at Grove Avenue and Chino Avenue, which will provide the second point of connection from 1010 Pressure Zone (Puture Local Water DIP Project wr-009).
OWNER shall pay one hundred percent (100%) of the costs to construct the Phase 2A Improvements and the Interim Chino Avenue Loop, within forty-five (45) days prior to the CITY'S award of contract, and such payment shall be the "Phase 2A Water Payment". The costs in the foregoing sentence shall equal the actual bid amount of the awarded contracts for the work, plus fifteen percent (15%). Upon OWNER'S full and complete payment to CITY, the CITY shall issue a Certificate of DIP Credit in the Regional Water Category and/or the Local Adjacent Water Category, as appropriate. Each DIP Water Certificate shall be issued by CITY within thirty (30) days of the receipt of such required payment.
c. Phase 2B Water Improvements shall consist of the following:
i. WT on Prancis Street between Grove Avenue and Bon View Avenue (Regional Water DIP Project WT-010).
il. WT on Bon View Avenue between Prancis Street and the Bon View Reservoir Site (Regional Water DIP Project WT-010). ill. WT - Nine (9) Million Gallon reservoir at Bon View Reservoir Site (Regional Water DIP Project WT-014).
iv. WT - Two (2) Groundwater Production Wells in vicinity of Bon View Reservoir Site (Regional Water DIP Project WT-007). 40 595
B-5
V. WT on Grove Avenue between Chino Avenue and Francis
Street (Regional Water DIP Project WT-010). The final design and alignment north of Riverside Drive is subject to change at the reasonable discretion of the CITY.
The Phase 2B Water Improvements will be constructed by the CITY and funded by future developers. In recognition of OWNER'S payment towards funding one hundred percent (100%) of the Phase 2A Water Improvements and Interim Chino Avenue Loop, the OWNER'S obligation to participate in the funding of the Phase 2B Water Improvements shall not be required for the Property. CITY and OWNER mutually agree and understand, that with completion of Phase 2A and the Interim Chino Avenue Loop, the project will be utilizing interim water supply and storage capacity from the 1010' Pressure Zone and that other developers will be required to participate in the funding of future Phase 2 Water Improvements to support the permanent water supply and storage needs of future development within Ontario Ranch.
41 596
EXHIBIT C
PUBLIC IMPROVEMENTS
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ho
_t
o
3 3.
LU
CL
f .-
MERRILL AVENUE
<-
E j
10^ i •k>
1 i
A
A(2fa* •«• fC -"^V T. V I
- : ii
^IT
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v«
■m-* .
V I
^ ■ -*
X
4»
3e$
►»<< %i|.r l|:piW
598
C-2 INFRASTRUCTURE EXHIBIT
CITY OF CHINO
UJ
z
<
o
o
3 UJ
MATCHLINE - SEE BELOW LEFT
T
LEGEND
EUCALYPTUS AVENUE
INSTALLED PUBLIC STREET
INSTALLED LANDSCAPE
INSTALLED TRAFFIC LIGHTS
INSTALLED TRAFFIC SIGNAL
INTERCONNECT
MATCHLINE - SEE ABOVE RIGHT MATCHLINE - SEE SHEET 2
^estLAND
[Group/ Inc. Engineering •Geospatlal* Land panning
4150 CONCOURS, ONTARIO. CA 91764
PHONE; (909) 989-9789 FAX: (909) 989-9660
200
sea e
r= 200'
200
EE
400
feet
SHEET 1 OF 2
599
03 INFRASTRUCTURE EXHIBIT
CITY OF CHINO
MATCHLINE - SEE SHEET 1
MERRILL AVENUE ^1
o
cmr or Ontario
f.w
CITY BOUNDARY
cm^ OF CH NO
LEGEND
111
o
o
ZD
UJ
^estLAND
INSTALLED PUBLIC STREET
^ INSTALLED LANDSCAPE
jl ♦ INSTALLED TRAFFIC LIGHTS
INSTALLED TRAFFIC SIGNAL
INTERCONNECT
yCrOUp/ Inc. Engineering •Geospatial* Land Planning
4150 CONCOURS, ONTARIO. CA 91764
PHONE; (909) 989-9789 FAX: (909) 989-9660
200
scale
200
1"= 200"
400
feet
SHEET 2 OF 2
600
EUCLID AVENUE
».%
js'-a
•••
irm
vi*>m
f SULTANA AVENUE /«:• ■. m s. - j. — *
* ^
- -J.-
.
^
» ro f.
o
m o
>
o 9
z r'B BON VIEW AVENUE S
k' >
yI » s
ST: Ki
!'If: I J # Sii
GROVE AVENUE
TS?
'SH
RU CT;,46^
II
o
601
C-5 INFRASTRUCTURE EXHIBIT
CITY OF CHINO
V
' CflY OF OHTAWO
Ti
juii V. : '
MERR LL AVENUE
lU
_ t
CfTY or CHINO CfTY BOUNDARY
OTY OF ONTARIO MERRILL AVENUE
cmr OF CHNO CITY eOUMMRY
LEGEND
' INSTALLED STORM DRAIN
INSTALLED TRAFRC SIGNAL
INTERCONNECT
m^estLAND
rcroup. Inc. Engineering • Geospatiel • Land Planning
4150 CONCOURS, ONTARIO. CA 91764
PHONE: (909) 969-9788 FAX: (909) 969-0660
INSTALLED PUBUC STREET
I I INSTALLED SIDEWALK
INSTALLED LANDSCAPE
^ ^ INSTALLED TRAFFIC UGHTS
O D INSTALLED STREET UGHTS 200
scole
200 400
r= 200' feet
SHEET 1 OF 2
602
C-6 INFRASTRUCTURE EXHIBIT
CITY OF CHINO
bl MERRILL AVENUE OTY OF ONtAR»
cm OF ONTARO
« L
nj E
^WgiB
arc crrr boundary OF CHMO
arr or cmno
g
MERRia AVENUE i
O L■■■
=i
i
gi
LEGEND
INSTAaED STORM DRAIN
INSTALLED TRAFFIC SIGNAL
INTERCONNECT
m^estLAMD
TCroup, Inc. Engineering • Geosp^ • Land PIvninB
4150CONCOURS, ONTARIO. CA 91764
PHONE; (909) 969-9769 FAX: (909)989-9660
INSTAUID PIAUC STREET
I I INSTALLED SIDEWALK
INSTALLED LANDSCAPE
^ ^ INSTALLED TRAFFIC UGHTS
O D INSTALLED STREET UGHTS
r= 200'
400
feet
SHEET 2 OF 2
603
EXHIBIT D
SCHEDULE OF PERFORMANCE
lATTACHED)
604
D-1 ORBP
Offsite tmpiovements Schadul*
o TakNim* lOuniioa sun FMih |Pinlinuiuis
1 OfWP OVERAU SUMMERY SCHEOULl 3fil days Thu 5/23/24 Mon 7^25 MtrrUI Am. Imp North SMe Strwt (Eucfid to 6roM) 71 days Mone/10/24 Sati/31/24 } Slerm Oriin Otili S Approval (PC 2 Si^Ktrd 5/10/24) 38 days Mon 6/10/24 Wed 7/24/24 ~4~ NonUr - Bon View / Merhll AddHlonii CB • Uptlied C8 15 days Thu 7/25/24 Sat 8/10/24 3 s Horsar - Bon View tnlencctlan DW Une Contvuctlon Sdays Mon 7/1S/24 Fit 7/19/24 NorsUP - Bon View InlefMetlen RW UMConttnxtlon Sdays Thu 7/1B/24 Tua 7/23/24 SFS-3days 7 PW/RW Testing end AuepTance Udays Sat 7/K/24 fn 8/2/24 5 ■ NersMr-Ben View Ci. MH v CBi (no Impaa to Sti. Imp.) 10 days Mon S/12/24 ThuB/22/24 4 \'i«sv/Mrmll hilcup^lfAH [loithxlinf Soil Cemchl] ts djvi lL.r»/(./J4 IhLP«'/»/2'l 5,6.4FS4 days ' io~ S4* iS-sotcconfmjctioA 10 days Tub 6/11/24 Fri 6/21/24 "Ti" 60*iS*McrrtllAve. E»tSyHraOW2 JS UpM* tan to 60* 23 days Mon 7/8/24 Fri 8/2/24 12 60' IS Kecwittioct RC( Pavrm«int S dayi Sal 6/17/21 Ihua/12/24 lt9FF "fj form/Poot Stid«wilk Jdayi ItiS/n/M Mui. t/26/74 IW
14 DO TrnI 5 ddT) ImS/jj/M WrdS/2»/24 1355
1J Atxi suipiiqr idays Frt8/Z3/24 Mon 8/26/24 9
It ri>oVvif SwiKh ScHJih <o ^cxtti Soir }days Thu a/29/24 Sat 8/31/24 i4Ai2.ia,i5 17 0 Itj-,n P.i-I !,• 'jl !.'3I'/4 16,10
' ii~ Mtnfll Awe. Imp South Shtc (EuclM to Grovo) 161 days Men e/17/24 ThuU/26/34 "it Oty Chirpo / Cocmty Encroeehmenl Agroemem (Placeholder) iday Thu8/V24 Thu 8/1/24 ' » Nortlwlde TrilTtc Control Plan (Pcndaig from All Amaricai) SO days Mon 6/17/24 Wed 8/14/24 21 South Side Road Imprevemant* (EjrduAig Eucfld Inmrucllon) Wdays Tua B/1/24 Wad 12/18/24 ~a Clei' h Cs^4l^ / I •rkv«tio*i 11 davh Iurs;j774 Ihu <>,'191 J.I 19J0,15 ~a / HiiOil 4 prkviviv 19 .+•>•« fn o/!ii';r Pi.' IC/!./4 22 CMne - Irrlptton - Water Servkaa Sdays Wad 10/2/24 Mot) lB/7/24 23 25 Cn-.m.-M 'All 5 rtiyi V.14!'.' l/!'l M;lli 23
Odne-SttaetUgliti 15 days TmIO/B/24 Thu 10/24/24 25
~27~ Odne-SidBwaai IS days FH10/25/24 Mon 11/11/24 26
21 CMno - Iwidicepint and trrtgallen Wdays Tua 11/11/24 Wad 12/18/24 27 a~ 14a,. lik< LO/8/24 S,.l ;0,'12.'14 25
» Soil Ccniinl |( iiiiiiiiir R Vafui now) ( dert Moo 10/14/24 Thu lC/l'i/4 29 11 A^(7c<f >t« Elis4 < anstrcclion a day. f'l 10/11/74 Sat in//6'/4 30 u Odno-Ntidnt bnpememaett ISMys I8M1Q/2B/24 WadU/lVM 31 u UifCAiuirCC htor^ection PMin4 to day* Mon 10/2S/24 Thu 11/7/14 31 "5~ CftfTiftwf PCC >nt«n«*ction Pfvlng 10 dayv Sal li/7/14 WnIl5/ll/J4 33FS-Sda^ 35 Oun Vm PCC lnl»ri«(tion P«vint lOdayt FriU/»/24 t.ra I I/1P/J4 34FS4dayi 1 Lr- _A_ 1 ° 0 , J . r , M , * , M _L_ i . s
' 1/3
OW / S<XC Summay Schadul*
imn*
TMt
MMm
SoBuewy
rrftJBfTtirTB7
InMM lot
iMdM MMem
liMw lyitaqr
MmaltMi
OwMtofvarty
MKUMSumiiyltcaBp
MmiMlSMmnay f~
tan-onV C
3 Eirtmdlatt H
EmrnUHkODW
1 Om«)m
605
D-2 ORBP
Offittte Improvenwnts Scheduto
SOIC l>Cf Ifltctmlton ttmnt
Aiphatl ftiu pMin(
Cap Pptfhri
S.I/.i Slnpini
Avc. OpmloTrtffle
Marrfl Ave. Mgnalt 9 Suttuii Avv.
Merrtll Ave. Sl|n*l»9CinipuiAv*, bon WewAve. &S01C Enliy M^ril Ave. Complete
Eueilypbti Ave Improvcmenti
Tempenfv Atphiit Pavtnf M Eucelvptu* / EudM Open to Trifflc TP..1I.. U'lil, .11.1,1 It I '-.-'t. .) I:.
Sa Pate MocMton, North sue
Cil Wea UndergrourMi Eut
Cil West Underground West
SCE Power hvilch Over
frooUer Overhead line Remove!
SCE WOdl.S Pole Removal / Releeatton
EtolypttB Ave. Closure / Compiete Water tiRptovemrti
TempEudld/Euulypcus SlgnelImp. Approved (PtrrdlngAtAherbarienlo Proceed)
Eudid Ave Improvements
EucBd Ave Street Imp. North to Eucelvptus Soutit BCR
EucEd Avattue Street Imp ■ MtrrM Ave. Street Ooturt
I lullk Courittl Sfrrrl riiniiic
EacH Avenue street Imp - Mtrrfll tntersecdon Cest
CountY Eesemenf Approval - Pocilble Approvel Date
Eicevetkin 1 Subaiadc
Brloictr $r((niil (iiulrmrnt (tflni ii r
OsinaWater VeuH Subrttitlal Approval / Constiueltait
Conrplrlv .SD / Cetch flatira an S'julli Side
PUreCAB
linr Grade * Pore Cuih A Outer
ruM Grade tor PCC Pavina
PCC Pavemem
AC Sate Pevltif (IntliMhiig rretiiRleo hem Eatrtine)
AdRnt Utilltict y Cenrech
^heWen sort |fM* |Pndecction
IS deyt Thu U/J4/2a Wed 11/27/24 '3S~PS4di^~
Sdavt rhu ii/7s/te Sel 11/10/74 36
idevr Moil IT/2/24 fue 12/1/24 37
S dart Will U/e/24 Mun 12/9/24 38
Ddeys Mon 12/9/34 Mon 13/9/24 39
Srrtom htonWM Thu 12/26/24
£mons Mon8/S/24 Thu U/26/24
Odiyt Thu U/26/24 Thu 12/26/24 4t42
1 §
ThuS/23/24 Wedl/29/2S
Idev Tliu7/ZS/24 Thu 7/2S/24
1 II.I- Tir-.-i'ii riiu : i*
TSdav* MoilT/22/24 The 10/17/24
10 days Won 7/22/24 Thu 8/1/24
10 days Pfi 9/2/24 Tue 8/13/24 48
ZSdayi Wed 8/14/24 Thu 9/12/24 48,49
Sdayi Wed 8/14/24 Mon 8/19/24 48.49
10 deyt Mon 10/7/24 Thu 10/17/24 S0fS*20davs
209 deyt Thu S/29/24 Wed 1/29/2S
IS days Mone/U/24 Wcd8/a/24
347devs Mon 6/10/24 Mon7/2a/2S
SSdey* Mon 6/10/24 Wed 1/14/24
Iday Thu 7/ZS/24 Thu 7/2S/24
I dey Ih.i //75/14 Ihu ;,'2:.'24 46SS
107 days Thu 7/25/24 Setll/M/24 79
Odeys thu 7/2S/24 Thu 7/2S/24
IS dryi rn l/2W>* Men l/iryji 79
IS davr Thu »/t/24 lal 1,'17/24 82PS-tO diyi
Todays Tuel/U/U Sattl/2/24 S3PS4 days
todays 1u< 8/17/24 Ihu9/S/J4 aSPS-S days
ISdayi tue g/1/24 Tliu 9/19/24 8SFS-3 deys
ISdayi »ii 9/211/24 Tue 10/1/74 86
10 days Wed 10/2/24 Set IO/U/74 87
Ttfdevr Mnn 10/14/24 Tuell/S/24 88
Sdayt Wed 11/6/24 Mon n/ll/24 8934
10 daVI liM 11/12/T4 Mnn 1I/7S/74 90
20B
n
P-
¥
"1
OnaP / SOIC Summaiy Schedule
S/2I5A4
laA
sph
tuwmr
PRSM Soaiamt
ImciMrael
hwtweMlelem
ineOM Simauy
MuWIut
Mminl Sveary RoSip r
MmmlSuiiiMeiT 1"
SiM-enN C
FM)b.»4 a
BmHtiairairB w
Erttmei MWnom
PMjm
ftogisu
MmMd Negmt
606
D-3 ORBP
Ofhite impfov«n)«nt* Schedute
CviiiFil'l* Ot»fi fwh »nlK»trt1o*<
RMpMi M«iiflt A»a. at EucU Am. for EucifypliB Ooatro
l.oI'lT • ir.t.i-l Mn|>;on...;l.lron
Cyckd AvtfiM Sttott hnproMOHnB • Madho/tucalyplui bitwaacHon CompMoti
Stfnjl mprovtmonu Eucolyptut
St^l imprrwemenU p Mcrril
CodM AvoMM Stroof Moprovoioontt * Mofffl IMonoclfon Convfolfoii DuMen
1 niWt
Tur ll/Ihit* Ui UJiD/li
Sat liyjC//4 Vat tl/fO/74
a*is MonU/2/24 TM12/9/M
IdaVI Mo.i iJH/ta t«. U/ifi*
ndavs ttmUWls MifWS
EntMi Mon 7/29/24 Wtd 12/U/24
Emoni Mon 7/29/24 Wod 12/1V24
73<l0(* Mon5/S/2S MaA7/2t/2S
On»/SOU Sunmoy ScMvIo
tWit
iwt
sph
Sumakoy
PC8^ 5*lliMnr
InKM Tut
IfacMMhOMi
kocMSuonoy
Mm^Tat
Ouniloa^ay
ItoutfMnayUip a
MuMlSvmMiy F"
SUrt-arty C
FMOiamr 3
(nanOlato M
tl— Ol ll
^ Dardkit A
■"feprtB —
Mwirni^M
607
EXHIBIT E
ESTIMATED COSTS
[ATTACHEDl
608
CITY OFCHINO
ENGINEERING COST ESTIMATE
PROJECT NO: PM-aoon
LOCATION : MwrW Avmw -EudM to Omo
By.
DATE:
flofo NicKlimoy
7mmu
RESOLLmON NO 2022-007
EXHIBIT C
Quantity Untt Ram UnH
Price
Total Coat
Per Item
STREETS
EA Tree RemovN S 800.00 3
CY Concrete Removal S 325.00 3
5328 CY AC Pavement Removal 3 100.00 3 532.800.00
CY Imoorted Common Fit! fincl. Comoacdonl S 34.00 3
103700 SF Preparation of Suborade. Sidewalk and Pavtno 5 1.00 3 103.700.00 5880 LF PCC 8' Curt & 24' Gutter on 6' AB S 26.00 3 152.880.00 LF PCC 6' Curt & 24' Gutter on 6' AB S 24.00 3
LF PCC Curb Onlv 3 20.00 3
2330 LF 8' A.C. Berm 3 20.00 3 46.600.00
SF 8' PCC Crosa Gutter on 6' AB S 16.00 3
26405 SF 4" PCC Sidewalk 3 5.80 3 153.149.00
6421 SF 6' PCC Ttlck Drive Approach on 6' AB 3 12.50 3 80.262.50 SF 8' PCC Thick Drive Approach on 6'AB 3 15.00 3
LF 2" X 6' Redwood Header 3 7.50 3
EA Street Sign and Post 3 475.00 3
0 EA Traffic Sign and Post 3 400.00 3 3.600.00
EA Reflector Sion and Post 3 175.00 3
EA Painted Leoend 3 6.50 3
67233 SF PCC Pavement 3 5.00 3 336.165.00
TON AC Variable - <300T 3 130.00 3
4317 TON AC Variable - >300T 3 120.00 3 516.040.00
TON CAB Variable - <300T 3 100.00 3
7159 TON 5 3 90.00 3 644.310.00
EngCostEsttnato Page 1 of 10 Eflectivo Date: January 1.2021 609
CITY OFCHINO
ENGINEERING COST ESTIMATE
PROJECT NO:
LOCATION:
By:
DATE:
ItanM Avmiim • Eucid to Grovo
Slara ttocKiiMMy
mVMU
RESOLUTION NO 2022-007
EXHIBIT C
Quantity Unit ttam Unit
Price
Total Cost
Per Item
STREETS
6 EA AOiust Sewer Manhole to Grade S 950.00 $ 5.700.00
EA AdhJst Sewer Cleanout to Grade $ 500.00
9 EA Miual Water Valve and Can to Grade S 525.00 S 4.725.00 19 EA Street Uoht ICitv Owner) S 7.700.00 S 146.300.00
EA Electrical Pedestal $ 6.500.00 $
EA Lot Monument Settino Fee S 550.00 $
LF Sawcut A.C. S 3.00 $
LF Sawcut Concrete S 3.00 $
SF Cold Plane A.C. 2" Thick S 0.28 $
LF ^nina & Striolno for
Arterial S 19.00 $
Colector S 13.00 J
Local $ 7.00 $
5 EA Traffic Skinal (8 - Phase Controtterl S 350.000.00 S 1.750.000.00 EA Modify existina Traffic Slanal oer Quadrant $ 75.000.00 $ LF Chain Link Fence
6 foot School fence (Add $9.00/LF for Removal of
Existina Fence) $ 44.00 $
6 foot School fence (Add S9.0(M.F for Removal of
Existina Fence) S 35.00 5
EA Utilltv Poles
Transmission 5 11.500.00 $
Distribution S 8.000.00 %
Service $ 3.000.00 $
EngCostEstimM Page 2 of 10 Efloctivo Dale: January 1.2021 610
CITY OFCHINO
ENGINEERING COST ESTIMATE
PROJECT NO:
LOCATION:
By:
DATE:
Phuooi*
IMnffl Avvnwt - EuclM to Qrev*
•tan ItocKtaiwy
ravzu*
RESOLLmON NO 2022-007
EXHIBIT C
Quantity Unit Item Unit
Price
Total Cost
Per Item
STREETS
26919 SF
Landscape (Including shnjbs, Herdscape, Irrigation. Orotatd Cover, Lighting, Installation Labor and Conrtectlon to
Exists Systems) S 15.00 S 433.765.00
LF
14 foot Martian wiUi Landscape. Irrigation, Lighting,
Hardscape, Curb. Gutter & Pavement S 300.00 $
Rail Road Crossing
LS
Safety Equipment (Complete Irtctijdlng Crossing Gates,
Signs, and Lights) S 500.000.00 $
SF Track Crossing (Concrete) $ 175.00 $
SF Aooroach S 4.00 $
5 EA S.W. Ramos (ADA. Compliant) S 4.000.00 S 20.000.00 22 EA Traffic Signal Loops S 600.00 S 13.200.00
7080 LF SIGNAL INTERCONNECT CONDUIT & CABLE $20.00 $ 141.600.00
STREETS
STREET SUBTOTAL 6 5.086.616.50
LS MobHzation (5% of Construction Cost) 5% $ 254,340.83 LS Traftic Control (S% of Construction Cost) 5% S 254.340.63 LS Clear & Grub Site (5% of Construction Cost) 5% $ 254.340.83 LS Excavation (Clean Material) (51^ of Construction Cost) 5% $ 254.340.83 GRAND TOTAL STREETS ONLY $ 6,104,179.80
EngCos^stknate Page 3 of 10 Eftodive Oats: Januwy 1.2021 611
CITYOFCHINO
ENGINEERING COST ESTIMATE
PROJECT NO:
LOCATION:
By:
DATE;
Manril Avmm • EucM to Orovt
tloro MoclCiniwy
mvnu
RESOLUTION NO 2022-007
EXHIBIT C
Quantity Unit Item Unit
Price
Total Coat
Per Hern
WATER
LF Trench SwoorVShorlna (6 foot deotht S 15.00
CY Pioe Beddirm & Comoactlon dmoorted) S 90.00 %
LF
6' Pipe & Fittir>gs InstaRed, including excavation, l)edding, backfil and oavement restoration S 60.00
LF
8* Pipe & FitUngs InstaRed, including excavation, bedding, backfHI and oavement restoration. $ 100.00 $
LF
12' Pipe & Fittings Installed, including excavation, bedding, backfill and oavement restoration S 135.00 J
LF
18' Pipe & Fittings installed, including excavation, beddirrg, backfill artd oavement restoration S 175.00 5
LF Removal. Disposal of ACP ar)d BackfHI $ 150.00 s
EA 6' Gate Valve S 2.000.00 $
EA 8' Gate Valve S 2.600.00 $
EA 12' Gate Valve S 4.500.00 $
EA 18'Gate Valve S 7.500.00 $
EA Fire Hydrant Assemblv oer Citv Std. S 7.500.00 S
EA Blow-off Assemblv 4' oer Citv Std. S 8.600.00 J
EA 2' Air Relief Assembly S 4.500.00 s
EA 1' Water Service/Meter S 3.500.00 $
EA 2' Water Service/Meter S 4.500.00 $
WATER
WATER SUBTOTAL $
LS Mot>8zation (5% of Consbuction Cost) 5% $
LS Traffic Control (5% of Construction Cost) 6% $
GRAND TOTAL WATER ONLY $
EngCosrEgtimrte Page 4 of 10 Eftectivg Date; January 1,2021 612
CITY OFCHINO
ENGINEERING COST ESTIMATE
PROJECT NO:
LOCATION:
By:
DATE:
P«M001«
MtiiW AvwHW - Eucid tc Orom
ttora MacKlwwy
7090024
RESOLUTION NO 2022-007
EXHIBIT C
Quantity Unit Kam Unit
Price
Total Coat
Per Hem
RECYCLED WATER
LF Trench SuDDorVShorina (6 foot depth) $ 15.00 $
CY Pipe Beddino Ihnoorted) $ 90.00 5
LF
6* Pipe & FitUngs Installed, indudirtg excavation, bedding, badcfil and pavement restoration S 60.00 J
LF
8* Pipe & FRIings Installed, including excavation, bedding, backs and pavement restoration. S 100.00 $
LF
12' Pipe & Fittings InstaHed. including excavation, beddbig, backfitt and pavement restoration S 135.00 %
LF
18" Pipe 8 Fittings Installed, including excavation. beddir>g. iMckfil and pavement restoration % 175.00 S
EA 6* Gate Valve $ 2.000.00 S
EA 8' Gate Valve S 2.600.00 $
EA ir Gate Valve $ 4.500.00 5
EA 18' Gate Valve $ 7.500.00 %
EA Fbe Hydrant Assembly per Citv Std. S 7.500.00 %
EA Btow-off Assemtbv 5' per Citv Stil. S 8.600.00 S
EA 2" Air Relief AssemtMv % 4.500.00 %
EA r Water Service/Meter S 3.500.00 %
EA 2" Water Service/Meter $ 4.500.00 s
RECYCLED WATER
RECYCLED WATER SUBTOTAL 5
LS Mobflzation 15% of Construction Cost! 5% $
LS Traffic Control (5% of Construction Cost) 5% $
GRAND TOTAL RECYCLED WATER ONLY 8
EneCostEMmil* Page 5 of 10 Eflectiv* Date: January 1.2021 613 RESOLimON NO 2022-007
EXHIBIT C
CITVOFCHINC)
ENGINEERING COST ESTIMATE
PROJECT NO:
LOCATION:
PM-3001<
ItonHI AvMiM - EucM to OrOM
Slani MaeKifiiMy
DATE: 7i2M024
Quantity Unit Item Unit
Price
Total Coat
Per Item
SEWER
LF Trendi SuDoort/Shorina $ 15.00 $
LF
4" Installed, including excavation, bedding. backfiH and pavemem restoration $75.00 $
LF
8' Installed, including excavation, bedding. bacMN and
pavement restoration $93.00 $
LF
10' Installed, including excavation, bedding, backfill and pavement restoration $103.00 $
LF
12' Installed. Induding excavation, bedding. badcfS and pavement restoration $123.00 $
LF
15* Installed, including excavation, bedding, backfill and pavement restoration $143.00 $
LF
18' Installed, kKfaidIng excavation, bedding. backfW and pavement restoration $163.00 $
LF
21' Installed, kiduding excavation, bedding, backfill and pavement restoration $193.00 $
LF
24' Installed, including excavation, bedding, backfill and pavement restoration $208.00 $
EA Sewer Saddle $450.00 $
EA Wyes 4* X 8* Typical $225.00 $
EA 48' Sewer Manhole $4,700.00 $
EA 60' Sewer Manhole $7,500.00 $
EA Sewer Cleanout $1,800.00 $
SEWER
SEWER SUBTOTAL $
LS Mobkization (5% of Construction Cost) 5% $
LS Traffic Control (5% of Construction Cost) 5% $
GRAND TOTAL SEWER ONLY $
EngCo«(E«tlfn«la Page 6 of 10 Effeciiv* Dale; Januefy 1.2021 614 PROJECT NO:
LOCATION:
By:
DATE;
CITYOFCHINO
ENGINEERING COST ESTIMATE
MtrriN Amrw - EucM to Orow*
f l>w NtcWmwy
71230024
RESOLUTION NO 2022-007
EXHIBIT C
Quantity Unit Itam Unft
Price
Total Cost
Per Item
STORM DRAIN
LF 24-X 36' C.M.PA (10 Gauael S 230.00 %
LF 27" X 43" C.M.PA (10 Gauge) $ 250.00 %
EA Storm Drain Manhole *1 3 10.000.00 S
EA Junction Stntcture #2 (24' or larger) S 8.650.00 J
EA Junction Structure #4 (24* or smaHer) S 4.000.00 s
EA Outtet Sbuchjre S 7.000.00
EA Catch Basin 3.5' Width S 7.200.00 s
EA Catch Basin 7' Width/L.D. S 7.900.00 $
7 EA Catch Basin 10' WkHri/L.D. S 9.950.00 S 69,650.00
EA Catch Basin 14' WkithA..D. S 11.000.00 $
EA Catch Basin 21' Width/L.D. S 13.000.00 $
306 LF
IB inch RCP Installed, including excavation, bedding,
backfiN and oavement restoration $ 200.00 S 61.200.00
LF
24 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 240.00 s
LF
27 inch RCP Installed, including excavation, bedding,
backfiH and pavement restoration S 260.00 $
LF
30 inch RCP Installed, includirtg excavation, bedding,
backfill and pavement restoration S 260.00 $
LF
33 inch RCP Installed, including excavation. t>edding,
backfil and pavement restoration S 295.00 $
LF
36 inch RCP Installed, including excavaton, bedding,
backfill and pavement restoration S 310.00 $
LF
39 inch RCP Installed, including excavation, bedding,
backfil and pavement restCMation S 320.00 $
LF
42 inch RCP Installed, including excavatton. bedding,
backfn and pavement restoration S 330.00 s
LF
45 inch RCP Instalied, including excavation, bedding,
backfil ar)d pavement restoration S 360.00 $
LF
46 inch RCP Installed, including excavabon, bedding.
backfIN and pavement restoration S 385.00 s
LF
54 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration S 440.00 s
LF
60 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration S 500.00 $
EngCoXEsUmate Page 7 of 10 Effective Date: January 1,2021 615 PROJECT NO:
LOCATION:
By:
DATE:
RESOLUTION NO 2022-007
EXHIBIT C
CITY OFCHINO
ENGINEERING COST ESTIMATE
ManW AvMiM. EucM to Grew
ttori ttocKlmwy
invzou
Quantity UnH Ram Unit Total Cost
Price Per Item
STORM DRAIN
LF
66 inch RCP Installed, including excavation, bedding,
backfifl and pavement restoration S 560.00 8
LF
72 Inch RCP Installed. Indudirtg excavafion, bedding.
badcfN and pavement restoration S 625.00 8
LF
78 inch RCP Instated, including excavation, beddirtg.
badcIN and pavement restoration S 690.00 8
LF
84 inch RCP Instated. Including excavation, tredding,
badcfHI artd pavement restoration S 765.00 8
LF
90 Inch RCP Instated. Indudtng excavation, bedding,
badcfiil and pavement restoration $ 830.00 8
LF
96 Inch RCP Instated. Including excavation, bedding,
badcfiil and pavement restoration S 920.00 8
LF
102 inch RCP Installed, induding excavation. I>edding,
backfill and pavement restoration S 1.000.00 8
LF
108 inch RCP Installed, induding excavation, bedding,
badcfiH and pavement restoration S 1.075.00 8
LF
7' X 6' RCB Instated. Induding excavation, bedding, badcfM and pavement restoration $ 700.00 8
LF
7* X 8.5' RCB Installed, induding excavation, bedding,
badcIN and pavemenl restoration $ 820.00 8
LF
T X 9.5' RCB Installed, including excavation, bedding,
bacfcffll and pavement restoration $ 870.00 8
LF
8'x 11' RCB Instated. Induding excavation, bedding. badcfiH and pavement restoration 8 1.000.00 8
LF
8' X13' RCB Instated, induding excavation, bedding, badcfiil and pavement restoration S 1.100.00 $
LF
9' X 9' RCB Installed, induding excavation, bedding, badcffll and pavement restoration 8 1.000.00 $
LF
9' X 12' RCB Installed, induding excavation, bedding, backfill and pavement restoration 8 1.100.00 8
LF
4' X 6' RCB Installed, induding excavation, bedding. badcfiH and pavement restoration 8 680.00 8
STORM DRAIN
STORM DRAIN SUBTOTAL 8 130.850.00
LS Mobilization (5% of Construction Cost) s% 8 6,542.50 LS Traffic Control (5% of Construction Cost) s% 8 6.542.50 GRAND TOTAL STORM DRAIN ONLY 8 143.935.00
EngCostEtUmat* P«0« 8 of 10 Effecttw Date: January t. 2021 616 RESOLUTtON NO 2022-007
EXHIBfT C
CITYOFCHINO
ENGINEERING COST ESTIMATE
PROJECT NO:
LOCATION:
By:
DATE:
PM-2001*
MmtW Avanu* • EucM to Grovo
tlon MacKtoimy
703/2024
Quantity Unit Ram UnH
Price
Total Cost
Per Hem
DfftECT COSTS GRAND TOTAL STREETS ONLY 1 •,104,179S0
GRAND TOTAL WATER ONLY $
GRAND TOTAL RECYCLED WATER ONLY $
GRAND TOTAL SEWER ONLY $
GRAND TOTAL STORM DRAIN ONLY $ 143,935.00
GRAND TOTAL (FOR PLAN CHECK & INSPECTION FEE
DETERMINATION) $ 6,248,114.80
PROJECT ADDmVES Pro/ecf Contingenel^s 10% t 624,5ff.48
Construction Stakfno 3% ? 187.U3.44
Soils Tectina 1% $ 82.481.15
Matertsl Testina 1% S 82.481.15
Conatructfon Inspection 4.8% 299.809.51
Contract Administration 1% 82.481.15
GRAND TOTAL (FOR BOND AMOUMTSI 7M7.722.88
EfloCostEsOmito PaoeSof 10 EflecOvo Date; January 1,2021 617 RESOLUTION NO 2022-007
EXHIBIT C
CITYOFCHINO
ENGINEERING COST ESTIMATE
PROJECT NO:
LOCATION:
By:
DATE:
PHL2001I
UtrriU Amriw > EucU to Grev*
ttow ttocKinwy
7/21/2024
Quantity Unit Item Unit Total Cost
Price Per Item
BY ENGINEER
PnpandBy:
R.CJE. Numb^
Explnthn:
86559
9/30/24
^FES^
m«o
ca
No 85559
txp. 9/30/2024 Hic/v\^
e
or
Ptoc* RCJe. Stamp and Slgnmtun Hto (nquimO
BY CITY
Faithful Parformanca Bond (100% of Constrvedon Cosp
Labor & Material Bond (50% of Construction Cosp
Vi^rranty Bond (10% of Construcdon Cosb
7,547,700.00
3,773,900.00
754,800.00
EngCostEsOmato Page 10 of 10 Effective Date: January 1,2021 618
CITYOFCHINO
ENGINEERING COST ESTIMATE
PROJECT NO:
LOCATION:
By:
DATE:
PM-2001«
EucKd AvMiiw
Sian ItocKifWMy
7/110014
RESOLUTION NO 2022-007
EXHIBIT C
Quantity Unit Ram Unit
Price
Total Cost
Per Item
STREETS
EA Tree Removal $ 800.00 s
CY Concrete Removal S 325.00 $
3090 CY AC Pavement Removal S 100.00 3 309.000.00
CY ImDOrted Common Fill (Ind. ComDaction) S 34.00 $
242566 SF Preparation of Subgrade. Sidewalk and Pavtna S 1.00 $ 242.566.00 357 LF PCC 8" Curb & 24" Gutter on 6" AB S 26.00 $ 9.282.00 LF PCC 6' Curb & 24" Gutter on 6" AB S 24.00 $
3326 LF PCC Curb Onlv S 20.00 $ 66.520.00
LF 8" A.C. Berm S 20.00 3
SF 8" PCC Cross Gutter on 6" AB $ 16.00 5
SF 4" PCC Sidewalk S 5.80 S
SF 6" PCC Thick Drtve Ado roach on 6" AB S 12.50 $
SF 8' PCC Thick Drive Aporoach on 6" AB S 15.00 S
LF 2" X 6" Redwood Header S 7.50 $
EA Street Sign and Post S 475.00 3
EA Traffic Sian and Post S 400.00 3
EA Reflector Sian and Post S 175.00 3
EA Painted Leoend S 6.50 3
15487 SF PCC Pavement S 5.00 3 77.435.00
TON AC Variable - <300T S 130.00 3
2062 TON AC Variable - >300T S 120.00 3 247.440.00
TON CAB Variable - <300T $ 100.00 3
4273 TON CAB Variable - >300T S 90.00 3 384.570.00
EngCottEcBmate Page 1 of 10 Effective Date: January 1,2021 619 PROJECT NO:
LOCATION:
By:
DATE:
CITYOFCHINC)
ENGINEERING COST ESTIMATE
EuclM Avhiiw
ttow MtcKimwy
7/2S/3024
RESOLUTiON NO 2022-007
EXHIBIT C
Quantity UnH ttarn Unit
Price
Total Cost
Per Hem
STREETS
EA Adjust Sewer Manhi^ to Grade S 950.00 s
EA Adjust Sewrer Clearwut to Grade S 500.00 $
EA Adjust Water Valve and Can to Grade S 525.00 $
EA Street Uaht fCltv Ownerl S 7.700.00 s
EA Electrical Pedestal S 6.500.00 s
EA Lot Monument Settina Fee S 550.00 $
LF Saw cut A.C. S 3.00 $
LF Sawcut Concrete S 3.00 s
SF CokJ Plane A.C. 2' Thick S 0.28 $
LF Sionlno & S^lno for
Arterial S 19.00 s
CoRector S 13.00 $
|j3cal S 7.00 $
EA Traffic Slonal (8 • Phase Ccmtroller) S 350.000.00 $ 4 EA Modify existina Traffic Sional per Quadrant S 75.000.00 S 300.000.00 LF Chain Unk Fence
6 fool School fence (Add $9.00/LF for Removal of
Existina Fence) $ 44.00 $
6 foot School fence (Add $d.00/LF for Removal of
Existina Fence) S 35.00 $
EA Utilitv Poles
Transmission S 11.500.00 $
Otetritnilion S 8.000.00 $
Service S 3.000.00 $
EngCo«tE«tlmai» Pag« 2 of 10 Eftoctiva Date: January 1.2021 620 RESOLUTION NO 2022-007
EXHIBIT C
CITVOFCHINO
ENGINEERING COST ESTIMATE
PROJECT NO:
LOCATION;
By:
DATE;
PM-20011
Euclid AnwfiM
Hcfi NccKtency
inv»u
Quantity Unit Kam Unit
Price
Total Cost
Per Hem
STREETS
63731 8F
Landscape (Including shrubs. Hardscape. IrrigaOcn. Ground Cover. Lighting, Installation Labor and Connection to
Existino Systems) S 15.00 S 955.965.00
IF
14 foot Median with Landscape. IrrigatirHi, Lighting.
Hardscaoe. Curb. Gutter & Pavement $ 300.00 S
Rail Road Crossing
LS
Safety Equipment (Complete Including Crossing Gates.
Sions. and Uahts) S 500.000.00 3
SF Track Crossina (Concrete) $ 175.00 S
SF Aooroach $ 4.00 $
2 EA S.W. Ramos (A.DA Comollant) % 4.000.00 S 8.000.00
13 EA Traffic Sianal Looos S 600.00 S 7.800.00
3300 LF SIGNAL INTERCONNECT CONDUTT S CABLE S20.00 $ 66.000.00
STREETS
STREET SUBTOTAL $ 2,674.578.00
LS Motiflzation (5% of (instruction Cost) 5% $ 133.728.90 LS Traffic Control (5% of Construction Cost) 5% $ 133.728.90 LS Clear & Grub Site (9% of Construction Cost) 5% $ 133,728.90 LS Excavation (Clean Material) (5% of Construction Cost) 5% $ 133,728.90 GRAND TOTAL STREETS ONLY $ 3.209.493.60
EnsCostEsdmcte Page 3 of 10 Eftective Date: Januaiy 1.2021 621 PROJECT NO:
LOCATTON:
By:
DATE:
CITY OFCHINO
ENGINEERING COST ESTIMATE
PIM001«
EucM AVMMM
ttow ItecKlniwy
7)230024
RESOLUTION NO 2022-007
EXHIBIT C
Quantity Unit Itam Unit
Price
Total Cost
Per ttein
WATER
LF Trench SiASDort/Shorina 16 foot deotht S 15.00 S
CY Ploe Beddina & Comoaction (ImDorted) S 90.00 s
LF
6' Pipe & Fittings Installed, Including excavation, bedding, backfll and oavement restoration S 80.00 $
LF
8" Pipe & Fittings installed, including excavation, t>edding, backfil and oavenient restoration. S 100.00 $
LF
12' Pipe & Fittings Installed, including excavation, beddir>g, backfiH and pavement restoration S 135.00 $
LF
16* Pipe & Fittings Installed, including ewavation, bedding, backfll artd pavement restoration S 175.00 s
LF Removal. Disposal of ACP and BadcfW S 150.00 $
EA 6' Gate Vatve S 2.000.00 $
EA 8'Gate Valve S 2.600.00 $
EA 12* Gate Valve S 4.500.00 $
EA 18'Gate Valve S 7.500.00 $
EA Fire Hvdrant Assembly per Cftv Std. $ 7.500.00 $
EA Blow-off Assembly 4' per Citv Std. S 8.800.00 s
EA 2* Air Relief Assembly S 4.500.00 $
EA 1" Water Service/Meter S 3.500.00 $
EA 2' Water Service/Meter S 4.500.00 $
WATER
WATER SUBTOTAL $
LS Mobizabon (5% of Construction Cost) 5% s
LS Traffic Control (5% of Construction Cost) 5% $
GRAND TOTAL WATER ONLY $
EngCostEslfenste Page 4 of 10 Effecttve Dale: Januoy 1.2021 622 PROJECT NO:
LOCATION:
By:
DATE:
CITYOFCHINO
ENGINEERING COST ESTIMATE
PM-2Mie
EucH Avwiut
Slaii MtcKliwy
7I2S/M24
RESOLUTION NO 2022-007
EXHIBfT C
Quantity Unit Item Unn Total Coat
Price Per Item
RECYCLED WATER
LF Tmicn SuDDort/Shorfna (6 foot deothl S 15.00 %
CY Pipe Beddina flmoorted) S 90.00 $
LF
6* Pipe & Fittings Instalted. including excavation. i>eddlng. badcfili and pavement restoration S 80.00 S
LF
8' Pipe & Fittings Installed, including excavation. t>edding, badcfili and pavement restoration. S 100.00 s
LF
12' Pipe & Fittings Installed. indudir>g excavation, beddirig, badcfili and pavement restoration S 135.00 $
LF
16" Pipe & Fittings Installed, induding excavation, beddmg, backfill and pavement restoration $ 175.00 $
EA 6' Gate Valve $ 2.000.00 $
EA 8' Gate Valve S 2.600.00 $
EA 12' Gate Valve S 4.500.00 $
EA 18' Gate Valve S 7.500.00 $
EA Fire Hydrant Assembly per City Std. S 7.500.00 $
EA Blow-off Assembly 5' per City Std. S 8.600.00 s
EA 2" Air Relief Assembly S 4.500.00 $
EA 1" Water Service/Meter S 3.500.00 s
EA T Water Service/Meter S 4.500.00 S
RECYCLED WATER
RECYCLED WATER SUBTOTAL $
LS Mobitzation (5% of Construcflon Cost) 5% s
LS Traffic Control (5% of Construction CosQ 5% %
GRAND TOTAL RECYCLED WATER ONLY $
EngCostEstimato Page 5 of 10 Effective one: January 1,2021 623 cm OF CUING
ENGINEERING COST ESTIMATE
PROJECT NO:
LOCATION :
By:
DATE;
PM-20011
f ucM Amiim
Skin ItecKlniwy
rOMMM
RESOLUTION NO 2022-007
EXHIBIT C
Quantity Unit Kam Unit Total Cost
Price Per item
SEWER
LF Trench SupKKirt/Shorina $ 15.00 $
LF
4" Installed, including excavation, bedding, backfill and oavement restoration S75.00 S
LF
8' Instafied, including excavation, bedding, backfifi and pavement restoration S03.00 s
LF
10' Installed, including excavation, bedding, badcfB and pavement restoration S103.00 $
LF
12* Installed, including excavation, bedding, backfill and pavement restoration $123.00 $
LF
15* Installed, including excavation, liedding. backfHI and pavement restoration $143.00 $
LF
16* Instafied. induding excavation, bedding, baddU and
pavement restoration S163.00 $
LF
21' installed, including excavation. l>eddino, backfill and pavement restoration S103.00 $
LF
24* Installed, including excavation, bedding, bacfcfB and pavement restoration S208.00 $
EA Sewer Saddle S450.00 s
EA Wves 4" X 8* Typical S225.00 $
EA 48* Sewer Manhole $4,700.00 $
EA 60* Sewer Mantiole S7.500.00 $
EA Sewer Cleanout $1,800.00 $
SEWER
SEWER SUBTOTAL $
LS MobiRzation (5% of Construction Cost) 5% $
LS Traffic Control (5% of Construction Cost) 5% $
GRAND TOTAL SEWER ONLY $
EnsCostEtttnato Page 6 of 10 EffecMm Dal«: January 1.2021 624 PROJECT NO:
LOCATION:
By:
DATE:
CITYOFCHINO
ENGINEERING COST ESTIMATE
FIMM16
CucUd AvMM
•ton HtcKtftwy
raaoo24
RESOLUTION NO 2022-007
EXHIBIT C
Quantity Unit Ham UnK
Price
Total Cost
Per Item
STORM DRAIN
LF 24" X 36" C.M.PA flO Gauoe) $ 230.00 $
LF Zr X 43- C.M.P.A (10 Gauoo) S 250.00 %
EA Storm Drain Manhole #1 S 10.000.00 S
EA Junction Structure *2 (24' or taroer) S 6.850.00 $
EA Jimcton Stnjcture «4 (24* or smaRer) S 4.000.00 s
EA Outlet Structure 6 7.000.00 %
EA Catch Basin 3.5' Width % 7.200.00 s
EA Catch Basin 7' Wldth/L.D. S 7.900.00 $
EA Catch Basin 10'WidthA..D. S 9.950.00 3
EA Catch Basin 14'WidthA..D. $ 11.000.00 %
EA Catch Basin 21' Width/L.D. S 13.000.00 %
LF
16 inch RCP InstaRed, including excavation, bedding.
badcfN and oavement restoration S 200.00 %
LF
24 Inch RCP Installed, including excavation, bedding.
backfiM and pavement restoration $ 240.00 $
LF
27 inch RCP Installed, including excavation, bedding,
badctn and pavement restoration S 260.00 $
LF
30 inch RCP Installed. indudir>g excavation, bedding.
badcfHI and pavement restoration S 260.00 t
LF
33 inch RCP Installed, including excavation, bedding,
backfN and pavement restoration S 295.00 s
LF
36 inch RCP Installed, induding excavation, bedding.
baddB and pavement restoration S 310.00 3
LF
39 inch RCP installed, including excavation, bedding,
baclcfH and pavement restoration S 320.00 »
LF
42 inch RCP Installed, induding excavation, bedding.
badcfM and pavement restoration S 330.00 3
LF
45 inch RCP InstaDed. including excavation, bedding,
backfill and pavement restoration S 360.00 3
LF
48 inch RCP installed, induding excavation, bedding,
backfill and pavement restoration S 365.00 3
LF
54 inch RCP Installed, induding excavation, bedding,
backfill and oavement restoration $ 440.00 3
LF
60 inch RCP Installed, induding excavation, bedding,
backfill and pavement restoration 3 500.00
EnsCostEsUmal* Page 7 of 10 Effecttvs Date; Januaiy 1.2021 625 PROJECT NO:
LOCATION:
By:
DATE:
RESOLUTION NO 2022-007
EXHIBIT C
CITYOFCHINO
ENGINEERING COST ESTIMATE
PIII-20016
EuelM Avtnu*
ItocKliiitty
7010024
Qutntlty Unit Rom Unit
Price
Total Cost
Per Hem
STORM DRAIN
LF
66 ifKh RCP InstaHed. including excavation, bedding,
backfill and pavement restoration S 560.00 5
LF
72 inch RCP installed, indtiding excavation, bedding.
bacfcfiH and pavement restoration $ 625.00 5
LF
78 inch RCP Instated, including excavation, bedding,
baclcNi and oavement restoration S 690.00 S
LF
84 inch RCP instaled. including excavation, bedding,
backfll and pavement restoration S 765.00 $
LF
90 inch RCP InstaHed. including excavation, bedding,
backfill and pavement restoration $ 830.00 i
LF
96 inch RCP Installed. Including excavation, bedding,
backfil and oavement restoration S 920.00 5
LF
102 Inch RCP Installed, induding excavation, beddkig,
backfill and pavement restoration S 1.000.00 S
LF
108 inch RCP Installed, induding excavation, bedding,
backfill and oavement restorafion $ 1,075.00 5
LF
7' X 6' RCB Installed, Induding excavation, t>edding, backfil and pavement restoration $ 700.00 $
LF
T X 8.5' RCB Installed, including excavation, bedding,
backfil and pavement restoration S 820.00 %
LF
T X 9.5' RCB Installed, including excavation, bedding.
backftH and pavement restoration $ 870.00 i
LF
8' X11' RCB Installed, induding excavation, bedding, backfill and pairement restoration $ 1.000.00 $
LF
8' X13' RCB Installed, induding excavation, tradding, backfill and oavement restoration % 1.100.00 $
LF
9' X 9' RCB Installed, induding excavation, bedding, backfil and pavement restoration S 1.000.00 $
LF
9' X12' RCB Installed, Induding excavation, bedding, backfill and oavement restoration S 1.100.00 5
LF
4' X 6' RCB InstaHed. indudkig excavation, bedding, backfil and pavement restcMation $ 660.00 5
STORM DRAIN
STORM DRAIN SUBTOTAL S
LS Mobilization (5% of Construction Cost) 5% $
LS Traffic Control (5% of Construction Cost) 5% S
GRAND TOTAL STORM DRAIN ONLY $
EngCostEstwnsta Page 8 of 10 ERMfve Date: January 1.2021 626 RESOLIJTION NO 2022-007
EXHtBIT C
CITYOI CHINO
ENGINEERING COST ESTIMATE
PROJECT NO:
LOCATION:
By:
DATE:
PIMN1*
Euclid Avenue
ttere MecKinney
71230024
Quantity Unit Item Unit
Price
Total Cost
Per item
DIRECT COSTS GRAND TOTAL STREETS ONLY % 3.20e^93.M
GRAND TOTAL WATER ONLY *
GRAND TOTAL RECYCLED WATER ONLY $
GRAND TOTAL SEWER ONLY S
GRAND TOTAL STORM DRAIN ONLY $
GRAND TOTAL (FOR PLAN CHECK S INSPECTION FEE
DETERMINATION) $ 3.209.493.60
PROJECT ADDITIVES Projtct Contfngttchs 10% 1 320,949.36 ConsOvcOon Sfalt<no 3% $ 96.2M.t1
SoHs Testina 1% $ 32.094.94
MatBilaf Testfna 1% t 32.094.94
Construction Inaooetion 4.8% $ 154.055.69
Contract Administration 1% S 32.094.94
GRAND TOTAL (FOR BOND AMOUNTSi 3.977.068.27
EngCostEsOmate Page 9 of 10 Effective Date: January 1,2021 627 >J4-.
RESOLUTION NO 2022-007
EXHIBIT C
CITYOFCHINO
ENGINEERING COST ESTIMATE
PROJECT NO;
LOCATION:
By:
DATE:
PM-2001<
EucM AvMtM
tiMi MtcKlimy
70U2e24
1 Quintlty Unit Item Unit Total Cost
1 Price Per Hem
BY ENGINEER
FnpandBy:
R.C.E. NumbT
ExpkrtUon:
85559
9/30/24
m<o
ca
No 85559
✩ txp. 9/30/2024
C/V\\=
or
Pwc» RC,C. Stamp and Slgnatun Hen (nouind)
BY CITY
Fafthful Parfyrmanea Bond (100% of Construction Costf
Labor & Matarial Bond (50% of ConstFUCtton Cos^
Warranty Bond (10% of Construction Cosp
3.877,100.00
1,938,500.00
387,700.00
EnoCcKtEstimiM Page 10 of 10 Effective Date: January 1,2021 628
MEMORANDUM
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
CITY COUNCIL MEETING DATE: JULY 30, 2024
TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE. DIRECTOR OF PUBLIC WORKS
SUBJECT
The Ontario Ranch Business Park Project (referred to as REDA) Merrill Avenue Widening, Interconnect, and Euclid Median Improvements.
RECOMMENDATION
1) Create Capital Improvement Project MS253 titled "Merrill Avenue Widening, Interconnect, and Euclid Avenue Median Improvements": 2) appropriate $15,709,100 to the Transportation Fund 320: 3) schedule year-end transfers from the following: reserve fund balance for perimeter and circulation enhancements around Chino Airport, primarily along Merrill Avenue, funded by Scannell Properties (FedEx development) reserve account (320-35335), totaling $4,764,984: Future Improvements deposit account (220-24270) totaling $3,309,027 for the Euclid Median/Widening: Citywide Circulation (Streets, Signals and Bridges) Development Impact Fee Fund (220) totaling $2,021,986: and The Preserve Circulation (Streets, Signals and Bridges) Development Impact Fee Fund (260) totaling $5,613,104: 4) approve a construction reimbursement agreement not to exceed $15,709,100 between the City and the developer, Euclid Land Venture, LLC, a Delaware limited liability company, for the Merrill Avenue Widening, Interconnect, and Euclid Avenue Median Improvements: 5) approve the Right of Entry Agreement between the City and San Bernardino County to obtain access to certain portions of airport property necessary for constructing the Merrill Avenue public improvements:
6) approve the Memorandum of Understanding between the City and Euclid Land Venture. LLC, a Delaware limited liability company, to transfer the rights under the Right of Entry Agreement to the developer for the construction of the Merrill Avenue Public Improvements: and 8) authorize the City Manager to execute all necessary documents on behalf of the City.
FISCAL IMPACT
Requires an appropriation to the Transportation Fund 320 in the amount of $15,709,100, This appropriation has no impact on the General Fund. Scannell Properties (FedEx project) deposited $5,000,000 with the City as stipulated in Section 2.13.6 of the Development Services Conditions of Approval for Master Site Approval PL16-0719. From this deposit. $4,764,984 remains and will be allocated to perimeter and circulation improvements around Chino Airport, focusing primarily on Merrill Avenue. Furthermore, developments along the Euclid Avenue corridor north of Merrill Avenue have contributed in-lieu-of-construction fees for the Euclid median and widening enhancements in the amount of $3,309,027. The City will use these deposits to help cover costs related to improving Euclid Avenue. While the developer's deposits largely fund improvements on Merrill and Euclid Avenues, a shortfall of $7,635,089 remains.
There are sufficient funds In each of the funds and accounts listed below. This deficit will be supplemented by Development Impact Fees ("DIFs"), as summarized on the next page:
112
629
CITY COUNCIL MEETING DATE: JULY 30, 2024
TITLE: THE ONTARIO RANCH BUSINESS PARK PROJECT (REFERRED TO AS REDA) MERRILL AVENUE WIDENING, INTERCONNECT, AND EUCLID MEDIAN IMPROVEMENTS.
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Year-End Backfill Accounts Amount
Scannell Fed Ex Deposit-320-35335
Euclid Avenue Developer Deposits-220-242770
Citywide Circulation DIF- Fund 220
The Preserve Circulation DIF-Fund 260
$4,764,984
$ 3,309,027
$2,021,986
$5,613,104
Transportation Fund 320 Appropriation $ 15,709,100
CITY OF CHINO MISSION I VISION I VALUES I STRATEGIC ISSUES The recommendation detailed above furthers the City's values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image
• Financial Stability
• Responsible Long-Range Planning
• Public Service Excellence through Internal and External Partnerships Revenue: Click or tap here to enter text
Transfer In: 3201000-50001
Expenditure 3207100-40010-MS253
Transfer Out: 220-24270/2201000-40001/2601000-
40001
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630
CITY COUNCIL MEETING DATE: JULY 30, 2024
TITLE: THE ONTARIO RANCH BUSINESS PARK PROJECT (REFERRED TO AS REDA) MERRILL AVENUE WIDENING, INTERCONNECT, AND EUCLID MEDIAN IMPROVEMENTS.
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BACKGROUND
On October 27, 2020, the City of Ontario Planning Commission approved Parcel Map No. 20016. This map consists of seven numbered lots and one lettered lot on approximately 80.663 acres of land, as presented by the Developer, Euclid Land Venture, LLC. The proposed project consists of an industrial / business park to include seven warehouse buildings ranging from 43,400 square feet (sf) to 1,099,000 sf, totaling a maximum development of 1,676,000 sf of warehouse and office uses ("Project"). The Project area is bounded by Eucalyptus Avenue on the north, Sultana Avenue on the east, Merrill Avenue on the south, and Euclid Avenue on the west located in The Ontario Ranch Business Park Specific Plan area (Exhibit A).
As a condition of project approval and under the terms outlined in the existing development agreement between the Developer and the City of Ontario, the Developer is obligated to design and construct certain public improvements along the perimeter of Merrill Avenue. These improvements include but are not limited to, full-\Mdth ultimate street improvements on the north side of Merrill Avenue within the Ontario City limits, including curb, gutter, sidewalk, landscaping, and streetlights, as part of the Merrill Avenue widening. The Developer must construct the ultimate improvements on Merrill Avenue to be eligible for reimbursement through Ontario's Development Impact Fee ("DIF") program.
Additionally, the Developer is required to design and construct improvements along the south side of Merrill Avenue within the Chino City limits, adjacent to Chino Airport. The conditioned improvements are limited to the roadway pavement, signing and striping, curb and gutter installations, ADA ramps, and storm drain catch basins. The conditioned improvements did not Include sidewalks, landscaping, and streetlights, as these components were not negotiated between the City of Ontario and the Developer as part of the conditions of approval at that time.
The estimated cost for the conditioned Improvements is $7,015,250, based on the actual bid. which also includes 10% for project contingencies and 25% for soft costs.
On October 18, 2022, the Developer entered into a Public Improvement Agreement with the City of Chino, providing the necessary securities to ensure timely completion of the conditioned improvements, attached as Exhibit B.
Recently, the Developer and the City of Chino mutually agreed to extend the scope of improvements on Merrill Avenue to include additional improvements. The additional improvements include traffic signal interconnect, sidewalks, landscaping, and streetlights. This decision goes beyond what the City of Ontario required in its conditions of approval for the project. The estimated cost for the additional improvements is $3,362,838, which also includes 10% for project contingencies and 25% for soft costs. Concurrently, the Developer is finalizing engineering plans for these additional improvements while commencing construction on the initial Merrill Avenue improvements. This coordinated approach aims to prevent project delays, minimize road closures, adhere to the construction schedule, and reduce disruptions to local traffic and the community.
The City received $5.0 million from the Scannell/Fed-Ex project, earmarked for future enhancements along the Chino Airport perimeter primarily on Merrill Avenue. A portion of these funds were utilized by the City to conduct a comprehensive airport right-of-way survey, critical for implementing full-width improvements on Merrill Avenue. Pending ultimate approval from the 114
631
CITY COUNCIL MEETING DATE: JULY 30, 2024
TITLE: THE ONTARIO RANCH BUSINESS PARK PROJECT (REFERRED TO AS REDA) MERRILL AVENUE WIDENING, INTERCONNECT, AND EUCLID MEDIAN IMPROVEMENTS.
PAGE: 4
Federal Aviation Administration ("FAA"), the City plans to acquire the necessary ultimate rightof-way for streets surrounding the airport.
The remaining developer deposit will be allocated towards the additional improvements on Merrill Avenue, specifically for sidewalk construction, landscaping enhancements, and streetlights.
Additionally, under the terms of the development agreement and project approval conditions, the Developer was obligated to design and construct public improvements on Euclid Avenue to mitigate traffic impacts resulting from the Project. This includes the Euclid Median between Merrill and Eucalyptus Avenues, within Chino's jurisdiction.
Over the years, developments along the Euclid Avenue corridor north of Merrill Avenue have contributed in-lieu-of-construction fees for the Euclid median and widening. The City intends to utilize these deposits to offset costs associated with the Euclid Avenue improvements, estimated at $5,331,013, which includes 10% for project contingencies and 25% for soft costs.
While these deposits may not fully cover the City's share of the project costs, City staff plans to include this project in the next DIF Nexus Study update to address remaining funding needs.
As a result, the total estimated cost to the City for the Merrill Avenue and Euclid Avenue Improvements is $15,709,100. It is imperative for staff, the Developer, and San Bernardino County to collaborate on a comprehensive plan addressing the timing of construction, financing, and the necessary right-of-way dedications essential for completing these improvements.
On June 10, 2024, City staff delivered an informational presentation to the Infrastructure Committee regarding the improvements planned for Merrill Avenue and Euclid Avenue. The next steps outlined by staff involved collaborating with San Bernardino County to obtain the necessary right of way along Merrill Avenue adjacent to the airport and initiating negotiations for a construction reimbursement agreement with the developer. The Infrastructure Committee did not express any objections to staffs proposed approach during the meeting.
ISSUES/ANALYSIS
The Developer, at its own expense, will provide all necessary equipment and materials to diligently and professionally execute and complete the public improvements as per the approved construction plans per applicable standards and regulations. To facilitate timely construction, the City and Developer intend to enter a construction reimbursement agreement, attached as Exhibit C. This agreement will establish the framework for reimbursing the Developer for eligible costs incurred during construction. It will also outline the methodology for determining reimbursement amounts and specify the timing and process for reimbursement requests throughout the construction phase.
Additionally, The Preserve and Citywide Circulation DIF programs will offset costs not covered by developer deposits for the construction of Merrill Avenue and the Euclid Median improvements, as established in Chapters 3.40 and 3.45 of the Chino Municipal Code. DIFs have been established by City to finance public facilities in furtherance of the goals and objectives of City's general plan, various facility master plans, capital improvement plans, and the nexus report. The DIF Ordinance provides that if, as a condition of approval of a development project, a developer constructs a public facility identified in the nexus reports, the 115
632
CITY COUNCIL MEETING DATE: JULY 30. 2024
TITLE: THE ONTARIO RANCH BUSINESS PARK PROJECT (REFERRED TO AS REDA) MERRILL AVENUE WIDENING, INTERCONNECT, AND EUCLID MEDIAN IMPROVEMENTS.
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Developer shall be entitled to reimbursement for eligible costs of constructing the public facility.
The DIP ordinance specifically requires that the Developer and City enter into a reimbursement agreement.
Upon completion of the public improvements, the City Engineer and staff will review the final accepted/approved "as-built" plans, specifications, and supporting documentation and will determine the actual costs.
As previously noted, the City has completed a comprehensive airport right-of-way survey for the purposes of acquiring the ultimate right-of-way along the Chino Airport perimeter, which is currently pending approval from the County and FAA. In response, the City engaged with the County to establish a Right of Entry Agreement. This agreement, attached as Exhibit D. grants construction access to the portion of the public Improvements along Merrill that lie within the County's property prior to the City obtaining the necessary right-of-way from the FAA. The access area is specifically allocated for the construction of roadway pavement, signing and striping, curb and gutter installations, ADA ramps, storm drain catch basins, sidewalk, landscape, and the installation of dry utility conduit.
In addition, the Memorandum of Understanding, attached as Exhibit E, between the City and the Developer, transfers the City's rights and obligations under the Right of Entry Agreement necessary for completing construction on Merrill Avenue within the designated access area.
These agreements are effective for a period of up to five years or until the City, at Its discretion, formally records easements for the access area or pertinent portions required for the Developer's activities.
Lastly, to enhance support for the community and local businesses affected by the construction on Merrill Avenue, both the City and Developer are committed to expediting the completion of Public Improvements. The City approved plans for a full closure of Merrill Avenue from Euclid Avenue east to just west of Stearman Drive beginning July 25, 2024, through November 30, 2024, as indicated In Exhibit F. Detours will be carefully planned to minimize disruption to businesses at the airport and signage will be required of the contractor to inform motorists that airport businesses remain open during construction and guide them around the closure. The Developer assures proper notice to affected properties and pledges to take necessary steps to assist local businesses in the area. City staff has also engaged some of the airport businesses to inform them in advance of the closures and reviewed their concerns. City staff used these discussions to guide the developer on mitigating the closure impacts. Furthermore, the accelerated construction schedule will necessitate extended hours for night and weekend work.
The City is prepared to allocate additional funds within the construction contract to facilitate this effort, recognizing the benefits to the community and acknowledging the financial challenges faced by nearby businesses.
Therefore, it is staff recommendation that the City Council approve the following: a construction reimbursement agreement between the City and Euclid Land Venture, LLC for a not to exceed amount of $15,709,100 for the Merrill Avenue Widening, Interconnect, and Euclid Avenue Median Improvements; the Right of Entry Agreement between the City and San Bernardino County to obtain access to certain portions of airport property necessary for constructing the Merrill Avenue public improvements.; and the Memorandum of Understanding between the City 116
633
CITY COUNCIL MEETING DATE: JULY 30. 2024
TITLE: THE ONTARIO RANCH BUSINESS PARK PROJECT (REFERRED TO AS REDA) MERRILL AVENUE WIDENING, INTERCONNECT, AND EUCLID MEDIAN IMPROVEMENTS.
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and Euclid Land Venture, LLC to transfer the rights under the Right of Entry Agreement to the developer for the construction of the Merrill Avenue public Improvements.
Attachments: Exhibit A - Location Map PM 20016
Exhibit B - Fully Executed Public Improvement Agreement Exhibit C - Construction & Reimbursement Agreement
Exhibit D - Right of Entry Agreement
Exhibit E - Memorandum of Understanding
Exhibit F - Detour Plan
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Contract No.: 2025- 084 Al
Approved:
FIRST AMENDMENT
TO
REIMBURSEMENT AGREEMENT
FOR
MERRILL AVENUE WIDENING, INTERCONNECT & EUCLID MEDIAN
THIS FIRST AMENDMENT TO REIMBURSEMENT AGREEMENT FOR MERRILL AVENUE WIDENING, INTERCONNECT & EUCLID MEDIAN IMPROVEMENTS (" Amendment No. 1 ") is made and entered into this 2nd day of December 2025 (" Effective Date"), by and between the CITY OF CHINO, a municipal corporation, hereinafter called (" CITY") and EUCLID LAND VENTURES, LLC, a Delaware limited liability company (" DEVELOPER"). CITY and DEVELOPER are hereinafter referred to individually as " Party" and hereinafter referred to collectively as the " PARTIES."
RECITALS
WHEREAS, on July 30, 2024, the Parties entered into that certain Reimbursement Agreement for Merrill Avenue Widening, Interconnect & Euclid Median Improvements Agreement") to facilitate construction of the Merrill Avenue Widening, Traffic Signal Interconnect, and Euclid Avenue Median Improvements ( collectively, the " Public Improvements"), as more particularly depicted in Exhibit C to the Agreement; and WHEREAS, the Agreement established a not -to -exceed reimbursement amount of Fifteen Million Seven Hundred Nine Thousand One Hundred Dollars ($ 15, 709, 100) funded through a combination of Developer deposits and Development Impact Fee (" DIF") accounts; and
WHEREAS, during construction the scope of work was increased to include, without limitation, additional concrete paving, installation of storm drain facilities along Bon View Avenue, and enhanced Euclid Avenue street and median improvements, resulting in a net cost increase of approximately One Million Nine Hundred Eighty -Three Thousand Seven Hundred Sixty -Seven Dollars ($ 1, 983, 767); and
WHEREAS, the Parties now desire to amend the Agreement to increase the authorized reimbursement amount.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the Parties agree as follows:
TERMS