Contract No.: 2OZ 1 - 090
Approval Date: 11
2. 1 I ZO # 13
SUBDIVISION IMPROVEMENT AGREEMENT
by and between
CITY OF CHINO
and
CHINO PRESERVE DEVELOPMENT CORPORATION
TRACT MAP 20164
7- 13- 20
SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN
THE CITY OF CHINO
AND
CHINO PRESERVE DEVELOPMENT CORPORATION
TRACT MAP NO. 20164
Agreement Date: July 21, 2020
Subdivider Name: Chino Preserve Development Corporation Subdivision Description: On August 5, 2019, the Planning Commission of the City approved the Developer' s application for PL18- 0012 ( Master Site Approval) and PL18- 0013 ( Tentative Tract Map No. 20164) an " A" level master plan and subdivision for conveyance purposes of a 54. 78 gross acre ( 55. 86 adjusted gross acres) project site for the development of 388 residential units at an overall density of 6. 95 dwelling units per acre in the LDR ( Low Density Residential) land use designation of The Preserve Specific Plan.
Tentative Map No.: 20164
Estimated Total Cost of Improvements: $ 8, 327, 400. 00 Estimated Total Cost of Monumentation: $ 40, 000. 00 ( based upon the plans, including individual lots, subdivision boundary and public improvements).
Security:
Bond No.: 36K013200
Surety: The Ohio Casualty Insurance Company
7- 13- 20
Designees for the Service of Written Notice:
CITY: SUBDIVIDER:
Chris Magdosku Chino Preserve Development Corporation
City Engineer Attn: Mr. Bryan Goodman
13220 Central Avenue 1156 N. Mountain Avenue
Chino, CA 91710 Upland, CA 91785- 0670
909) 334- 3417 909) 946- 7500
cmagdosku( c cityofchino. org Bryan. Goodmanlewismc. com
CITY PROJECT INSPECTOR SURETY
Isaac Ortega
Permit & Inspection Supervisor The Ohio Casualty Insurance Company 13220 Central Avenue
Chino, CA 91710
909) 334- 3501
iortegacityofchino. orq
7- 13- 20
TABLE OF CONTENTS
1. Construction Obligations 2
1. 1 Works of Improvement
1. 2 Other Obligations Referenced in Conditions of Tentative Map Approval
1. 3 Intent of Plans
1. 4 Survey Monuments
1. 5 Performance of Work
1. 6 Changes in the Work
1. 7 Defective Work
1. 8 No Warranty by City
1. 9 Authority of the City Engineer
1. 10 Documents Available at the Site
1. 11 Inspection
1. 12 Compliance with Law; Applicable Standards for Improvements
1. 13 Suspension of Work
1. 14 Erosion and Dust Control and Environmental Mitigation
1. 15 Final Acceptance of Works of Improvement
1. 16 Vesting of Ownership
1. 17 Subdivider' s Obligation to Warn Public During Construction
1. 18 Injuryto Public Improvements, Public Propertyor Public Utility
2. Time for Performance 6
2. 1 Commencement and Completion Dates
2. 2 Phasing Requirements
2. 3 Offsite Improvements Requiring Acquisition of Interest in Land
2. 4 Interim Pine Improvements
2. 5 Force Majeure
2. 6 Continuous Work
2. 7 Reversion to Acreage
3. Labor 7
3. 1 Labor Standards
3. 2 Nondiscrimination
3. 3 Licensed Contractors
3. 4 Workers' Compensation
4. Security 8
4. 1 Required Security
4. 2 Form of Security Instruments
4. 3 Subdivider' s Liability
4. 4 Letters of Credit
4. 5 Release of Security Instruments
7- 13- 20
5. Cost of Construction and Provision of Inspection Service 11
5. 1 Subdivider Responsible for All Related Costs of Construction
5. 2 Paymentto Cityfor Costof RelatedInspectionandEngineeringServices
5. 3 Payment of Development Impact Fees
6. Acceptance of Offers of Dedication 12
7. Warranty of Work 12
8. Default 12
8. 1 Default by Subdivider
8. 2 Remedies
8. 3 Notice of Violation
8. 4 Remedies Not Exclusive
8. 5 Attorney' s Fees and Costs
8. 6 Waiver
9. Indemnity/ Hold Harmless 14
10. Subdivider' s Indemnity of Project Approval 15
11. Insurance Requirements 15
12. Environmental Warranty 17
13. General Provisions 18
13. 1 Successors and Assigns
13. 2 No Third- Party Beneficiaries
13. 3 No Vesting Rights
13. 4 Subdivider is Not Agent of City
13. 5 Time of the Essence
13. 6 Notices
13. 7 No Apportionment
13. 8 Severability
13. 9 Captions
13. 10 Incorporation of Recitals
13. 11 Interpretation
13. 12 Entire Agreement; Waivers and Amendments
13. 13 Counterparts
14. Authority 20
7- 13- 20
SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT ( this " Agreement") is entered into this 21st day of July 2020, by and between the CITY OF CHINO, a municipal corporation, organized and existing in the County of San Bernardino, under and by virtue of the laws of the State of California, (" City"), and CHINO PRESERVE DEVELOPMENT CORPORATION, a California corporation (" Subdivider").
RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision map identified as Tentative ( Tract/ Parcel) Map No. 20164, ( the " Map"), located in the City of Chino, County of San Bernardino, State of California ( the " Property"), as described on Exhibit " A". The Map requires Subdivider to comply with certain conditions of approval for the development of the Property ( the " Conditions") as described on Exhibit " B".
B. Pursuant to the Conditions, Subdivider, by the Map, has offered for dedication to City for public use of the streets and easements shown on the Map. City desires to accept the streets and easements shown on the Map for public use, and certain other improvements described in this Agreement.
C. Subdivider has delivered to City, and City has approved, plans and specifications and related documents for certain " Works of Improvement" ( as hereinafter defined) which are required to be constructed and installed in order to accommodate the development of the Property.
D. Condition 5. 1 of the Development Engineering Division Conditions requires Subdivider to construct certain interim improvements of Pine Avenue between Euclid Avenue and Mayhew Avenue (" Interim Pine Improvements"). Condition 2. 5b of the Development Engineering Division Conditions provides that City will design the Interim Pine Improvements. Furthermore, certain rights of way and State and federal environmental permits must be acquired before the Interim Pine Improvements can be constructed.
E. Condition 1.10 of the Development Engineering Division Conditions requires that Pursuant to Section 66462. 5 of The Subdivision Map Act, if unable to acquire right- of- way, Subdivider shall] enter into an agreement with the City to complete the improvements at such time as the City acquires the right- of- way." The parties intend for this Agreement to satisfy Condition 1. 10.
F. Subdivider' s agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving Final Map No. 20164 for the Property and permitting development of the Property to proceed. 7- 16- 20 1 of 21
COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City's approving the Map for the Property and permitting development of the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein.
1. Construction Obligations.
1. 1. Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install, or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer, street lighting, landscaping, utility, and other improvements more fully described in Exhibit" B" attached hereto ( the " Works of Improvement"), as the same may be supplemented and revised from time to time as set forth in this Agreement ( said plans and specifications, together with all related documents, the " Plans"). The estimated construction cost for the Works of Improvement is $ 8, 327, 400. 00.
1. 2. Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the Conditions on the Map for the Property. The Conditions associated with the Map are included in Exhibit " B" attached hereto.
1. 3. Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer ( or designee), and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for Subdivider' s contractor to complete its tasks, incidental appurtenances, materials, and the like.
If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final.
Subdivider recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer' s prior written approval, no change shall be made by Subdivider or its contractor to any plan, specification, or working or shop drawing after it has been stamped as approved.
1. 4. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments as shown on Final Map 20164 in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Chino. Subdivider shall provide security for such obligation as provided in Section 4. 1( a)( iii) and, after setting the monuments, Subdivider shall furnish the City Engineer written notice of the setting of said monuments and written proof of having paid the engineer or surveyor for the setting of said monuments.
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1. 5. Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider' s obligations under this Agreement.
1. 6. Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or its contractor in writing ( by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the City Engineer. The City and Subdivider may mutually agree upon changes to the Works of Improvement, subject to the security requirements in Section 4.
1. 7. Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective.
1. 8. No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents.
1. 9. Authority of the City Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and its contractor.
1. 10. Documents Available at the Site. Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City' s inspectors and engineers at all times.
1. 11. Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider' s contractor( s) regarding the Works of Improvement. Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the Subdivider' s contractor, at any time before acceptance of the Works of Improvement, shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected.
After examination, the Subdivider' s contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City Engineer ( or designee) shall not be considered as direct control of the individual workmen on the job site. City' s inspectors shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. 7- 16- 20 3 of 21
The inspection of the work by City shall not relieve Subdivider or its contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted.
1. 12. Compliance with Law; Applicable Standards for Improvements. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. In addition, without limiting the foregoing, the Subdivider shall, at its expense, obtain and comply with the conditions of all necessary permits and licenses for the construction of the Works of Improvement. The Subdivider shall also give all necessary notices and pay all fees and taxes as required by law.
Subdivider shall construct the Works of Improvement in accordance with the City standards in effect at the time of the adoption of the Approved Tentative Map. City reserves the right to protect the public safety or welfare or comply with applicable Federal or State law or City zoning ordinances.
1. 13. Suspension of Work. The City Engineer shall have authority to order suspension of the work for failure of the Subdivider' s contractor to comply with law pursuant to Section 1.12.
In case of suspension of work for any cause whatsoever, Subdivider and its contractor shall be responsible for all materials and shall store them properly if necessary, and shall provide suitable interim drainage and/or dust control measures, and erect temporary structures where necessary.
1. 14. Erosion and Dust Control and Environmental Mitigation. All grading, landscaping, and construction activities shall be performed in a manner to control erosion and prevent flooding problems. The City Engineer shall have the authority to require erosion plans to prescribe reasonable controls on the method, manner, and time of grading, landscaping, and construction activities to prevent nuisances to surrounding properties. Plans shall include without limitation temporary drainage and erosion control requirements, dust control procedures, restrictions on truck and other construction traffic routes, noise abatement procedures, storage of materials and equipment, removal of garbage, trash, and refuse, securing the job site to prevent injury, and similar matters.
1. 15. Final Acceptance of Works of Improvement. After Subdivider' s contractor has completed all of the Works of Improvement, Subdivider shall then request a final inspection of the work. If items are found by the City' s inspectors to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the Subdivider or its contractor of such items. After the Subdivider' s contractor has completed these items, the procedure shall then be the same as specified above for the Subdivider' s contractor' s initial request for final inspection. If items are found by City' s inspectors to be incomplete or not in compliance after two ( 2) " final" inspections, the City may require the Subdivider or its contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. Subdivider shall be responsible for payment to City Engineer of re-inspection fees in the amount necessary to cover the City's costs for additional final inspections, as determined by the City Engineer. 7- 16- 20 4 of 21
No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptanceof any part until the overall final acceptance by the City Engineer is made. The City Engineer shall make a certification of completion and acceptance on the Works of Improvement by recordation of a Notice of Acceptance on behalf of the City.
Final acceptance shall not constitute a waiver by the City Engineer of defective work subsequently discovered.
The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance.
1.16. Vesting of Ownership. Upon recordation of the Notice of Acceptance, ownership of the Works of Improvement shall vest in the City.
1.17. Subdivider' s Obligation to Warn Public During Construction. Until recordation of the Notice of Acceptance, Subdivider shall give good and adequate warning to the public of any dangerous condition of the Works of Improvements, and shall take reasonable actions to protect the public from such dangerous condition. Until recordation of the Notice of Acceptance, Subdividershall provideforty-eight (48) hours' advancewritten noticeto all neighboringproperty ownersand tenants affected by Subdivider's operationsor constructionof the hours, dates and duration of any planned construction activities.
1. 18. Injury to Public Improvements, Public Propertyor Public Utility. Until recordationof the Notice of Acceptance of the Works of Improvement, Subdivider assumes responsibility for the care and maintenance of, and any damage to, the Works of Improvements. Subdivider shall replace or repair all Works of Improvements, public property, public utility facilities, and surveying or subdivision monuments and benchmarks which are destroyed or damaged for any reason, regardlesswhether resultingfrom the actsof the Subdivider, priorto the recordationof the Notice of Acceptance. Subdivider shall bear the entire cost of such replacement or repairs regardless of what entity owns the underlying property. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.
Neitherthe City, nor any officeror employeethereof, shall be liable or responsiblefor any accident, loss or damage, regardless of cause, occurring to the work or Works of Improvements prior to recordationof the Notice of Acceptanceof the work or improvements.
2. Time for Performance.
2. 1. Commencement and Completion Dates. Subject to Sections 2. 2, 2. 3, 2. 4, and 2. 5 below, Subdivider shall ( i) commence with construction and installation of the Works of Improvement thirty ( 30) days following City' s approval of the Plans (" Commencement Date"); and ( ii) complete or cause to be completed all of the Works of Improvement within two ( 2) years after the Commencement Date. In the event good cause exists as determined by the City Engineer, the time for commencement of construction or completion of the Works of Improvement hereunder may be extended by up to three ( 3) additional one year periods.
Extensions shall be executed in writing by the City Engineer. The City Engineer in his or her sole discretion determines whether or not the Subdivider has established good cause for an extension. As a condition of such extension, the City Engineer may require Subdivider to furnish 7- 16- 20 5 of 21
new security guaranteeing performance of this Agreement, as extended, in an increased amount to compensate for any increase in construction costs as determined by the City Engineer. If Subdivider requests and is granted an extension of time for completion of the improvements, City may apply the standards in effect at the time of the extension.
2. 2. Phasing Requirements. Notwithstanding the provisions of Section 2. 1, the City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies the City may have for Subdivider' s failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Subdivider acknowledges City' s right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to the City Engineer' s satisfaction.
2. 3. Offsite Improvements Requiring Acquisition of Interest in Land. Notwithstanding Section 2. 1, and pursuant to Section 66463. 5 of the Government Code, if any Work of Improvement will be constructed or installed offsite on land in which neither Subdivider nor City has sufficient title or interest to permit the improvements to be made, Subdivider shall not be required to commence with construction and installation of such Works of Improvement until thirty ( 30) days following receipt of a written notice from City that City has acquired an interest in the land that will permit the improvements to be made, and the improvements shall be completed within one ( 1) year of such notice or within two ( 2) years after the Commencement Date, whichever occurs later. The time for completion may be extended under the same terms as provided in Section 2. 1 . This Section 2.3 does not apply to Works of Improvement that are necessary to assure replacement or construction of housing for persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code.
2. 4. Interim Pine Improvements. Notwithstanding Section 2. 1 or 2.3, Subdivider shall complete the construction of the Interim Pine Improvements ( as defined in Recital D) within one 1) year following receipt of a written notice from the City that City has acquired interest in the land required for such improvements, or Subdivider' s receipt of all required state and federal permits to construct such improvements, or Subdivider' s receipt of completed designs for such improvements from City, whichever occurs last; provided that City and Subdivider shall diligently pursue receipt of all necessary permits for the improvements. The time for completion may be extended under the same terms as provided in Section 2. 1.
2. 5. Force Majeure. Notwithstanding the provisions of Section 2. 1 , 2. 3, or 2. 4, Subdivider' s time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, epidemics and other public health emergencies, 7- 16- 20 6 of 21
construction- industry-wide inability to procure or general shortage of labor or materials in the region in which the Property is located, construction- industry-wide inability to procure equipment or supplies on the open market in the region in which the Property is located, unusual delays resultingfromtransportation, laws, rules, regulationsorordersof a publicagencyorotherpublic agency action or inaction (including City),changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five ( 5) days prior to City's receipt of a written notice from Subdivider or its contractor detailing the grounds for Subdivider' s claim to a right to extend its time for performance hereunder. The City Engineer shall evaluate all claims to Force Majeure and the City Engineer' s decision shall be final.
2. 6. Continuous Work. After commencement of construction of the Works of Improvement ( or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion, and shall not abandon the work for a consecutive period or more than thirty ( 30) days, events of Force Majeure excepted.
2. 7. Reversion to Acreage. In additionto whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizesthat City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Section 66499. 11 through Section 66499. 20. 1. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government Code Section 66499. 16, Subdivider hereby consents to such reversion to acreage and agrees that any improvements made by or on behalf of Subdivider shall not be considered in determiningCity's authorityto revert the Propertyto acreage.
3. Labor.
3. 1. Labor Standards. This Agreement is subjectto, and Subdivider agrees to comply with, all of the applicable provisions of the Labor Code including, but not limited to, the wage and hour, prevailing wage, worker compensation, and various other labor requirements in Division 2, Part 7, Chapter 1, including section 1720 to 1740, 1770 to 1780, 1810 to 1815, 1860 to 1861, which provisions are specifically incorporated herein by reference as set forth herein in their entirety. Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of the Works of Improvement.
3. 2. Nondiscrimination. In accordancewith the CaliforniaFair Employmentand Housing Act (" FEHA"), California Government Code Section 12940 et seq., Subdivider agrees that Subdivider, its agents, employees, contractors, and subcontractorperforming any of the Works of Improvement shall not discriminate, in any way, against any person on the basis of race, ethnicity, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of this Agreement.
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3. 3. Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed. All of Subdivider' s contractors and subcontractors shall obtain a valid City of Chino business license prior to performing any work pursuant to this Agreement.
Subdivider shall provide the City Engineer with a list of all of its contractors and subcontractors prior to initiating any work, and all valid Contractor' s licenses and business licenses issued thereto as a condition of constructing the Works of Improvements.
3. 4. Worker' s Compensation. Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers' Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site.
4. Security.
4. 1. Required Security.
a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit ( assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below ( hereinafter " Security Instruments"):
i) A Security Instrument securing Subdivider' s faithful performance of all of the Works of Improvement (" Faithful Performance Security Instrument"), in the amount of $ 8, 327, 400. 00 equal to 100% of the estimated construction cost referenced in Section 1. 1. ii) A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment (" Labor and Materials Security Instrument") with respect to the Works of Improvement in an amount equal to $ 4, 163, 700. 00 equal to 50% of the estimated construction cost referenced in Section 1. 1.
iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1. 4 in the amount of $ 40, 000. 00 equal to 100% of the cost thereof.
This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. b) Required Security Instrument for Maintenance and Warranty. Prior to the City Council' s acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall deliver a Security Instrument warranting the work accepted for a period of one ( 1) year following said acceptance 7- 16- 20 8 of 21
Maintenance and Warranty Security Instrument"), in the amount of$ 832, 700. 00 equal to 10% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer.
4. 2. Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4. 1 ( a) or 4. 1( b), as applicable, shall meet the following minimum requirementsandotherwiseshallbe in a formprovidedby Cityor otherwiseapprovedby the City Attorney:
a)
Bonds. For SecurityInstrumentsprovidedin the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transactsuretybusinessin the Stateof California. Any insurancecompany actingas suretyshall havea minimumratingof A-IX, as rated by the currentedition of Best's Key RatingGuidepublishedby A.M. Best's Company, Oldwick, New Jersey, 08858. Anybankactingas suretyshallhavea minimumratingof AA, as rated by Moody' s or Standard & Poor' s.
b) Letters of Credit. For Security Instrumentswhich are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specificallypermit City to draw on same by unilateralcertificationof the City Engineerof the City that Subdivideris in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subjectto the provisions of Section4.4. c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider' s interest in funds on deposit in one or more bank accountswith financial institutionsacceptable to City. d) General Requirements for all Security Instruments. i) Payments under any Security Instruments shall be required to be made ( and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Chino, State of California and the Security Instrument shall so provide).
ii) Each Security Instrumentshall have a minimumterm of one (1) year after the deadline for Subdivider' s completing the Works of Improvement, in accordance with Section 2. 1 ( other than Instruments of Credit, which shall have no defined term or expiration date).
iii) Each Security Instrumentshall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement 7- 16- 20 9 of 21
without notice to any issuer or surety and without affecting the obligations under such Security Instrument.
iv) If the Subdividerseeksto replace any securitywith anothersecurity, the replacement shall: ( 1) comply with all the requirements for security in this Agreement; ( 2) be provided by the Subdivider to the City Engineer; and ( 3) upon its written acceptance by the City Engineer, be deemed a part of this Agreement. Upon the City Engineer's acceptanceof a replacementsecurity, the former security may be released by the City.
4. 3. Subdivider' s Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with Cityto facilitateCity's realizationunderany Security Instrument, and to take no actionto prevent City from such realizationof any Security Instrument. Notwithstandingthe giving of any Security Instrumentor the subsequentexpiration of any Security Instrumentor any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliverto City such substitute securityas 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, unlessCity agrees to a lesserterm in City's sole and absolute discretion) is not delivered not less than thirty ( 30) days prior to the expirationof the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit.
b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein, and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City' s security interest in such account.
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4. 5. Release of Security Instruments. The City shall release all Security Instruments consistent with Government Code Sections 66499. 7 and 66499. 8, Section 19. 09. 010 of the Chino Municipal Code, and as follows:
a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred:
i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4. 5; ii) the Works of Improvement have been accepted;
iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and
iv) after passage of the time within which lien claims are required to be made pursuant to Title 3 ( commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law.
b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider' s written request upon the expiration of the warranty period, and settlement of any claims filed during the warranty period. c) The City may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney' s fees.
5. Cost of Construction and Provision of Inspection Service.
5. 1. Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the Works of Improvement.
5. 2. Payment to City for Cost of Related Inspection and Engineering Services.
Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed- upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all 7- 16- 20 11 of 21
City fees and charges have been fully paid, includingwithout limitation, charges for applicable penalties and additional required inspections.
5. 3. Payment of DevelopmentImpact Fees. Subdividershall pay DevelopmentImpact Fees pursuant to and in accordance with Chino Municipal Code Chapter 3.45, and in accordance with the DIF PrepaymentAgreement for Tract 20164, if executed by City and Subdivider.
6. Acceptanceof Offers of Dedication. The City Council shall pass as appropriateresolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution( s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication.
7. Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one ( 1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one ( 1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvementfail to fulfill any requirements of the Plans, Subdivider, within fifteen ( 15) days after written notice of such defects, or within such shorter time as may reasonablybe determinedby 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 Subdividerfail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law.
8. Default.
8. 1. Default by Subdivider. Default by Subdivider shall include, but not be limited to:
a) Subdivider' s failure to timely commence construction of Works of Improvement under this Agreement;
b) Subdivider' s failure to timely complete construction of the Works of Improvement;
c) Subdivider' s failure to perform substantial construction work for a period for 20 consecutive calendar days after commencement of the work; d) Subdivider's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Subdivider fails to discharge within 30 days;
e) The commencement of a foreclosure action against the subdivision or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or f) Subdivider' s failure to perform any other obligation under this Agreement. 7- 16- 20 12 of 21
8. 2. Remedies. The City reserves all remedies available to it at law or in equity for a default or breach of Subdivider' s obligations under this Agreement. The City shall have the right, subject to this Section, to draw upon or use the appropriate security to mitigate the City's damages in the event of default by Subdivider. The City's right to draw upon or use the security is in addition to any other remedy available to City. The parties acknowledge that the estimated costs and security amounts may not reflect the actual cost of construction of the improvements and, therefore, City's damages for Subdivider' s default shall be measured by the cost of completing the required improvements. The City may use the sums provided by the securities for the completion of the Works of Improvement in accordance with the plans. In the event the Subdividerfails to cure any default under this Agreement within 20 days after the City mails a notice of such default to the Subdivider and the Subdivider' s surety, Subdivider authorizes the City to perform the obligation for which Subdivider is in default and agrees to pay the entire cost of such performance by the City. The City may take over the work and complete the Works of Improvement, by contract or by any other method City deems appropriate, at the expense of the Subdivider. In such event, City, without liability for doing so, may complete the Works of Improvement using any of Subdivider' s materials, appliances, plans and other property that are at the work site and that are necessary to complete the Works of Improvement.
8. 3. Notice of Violation. The Subdivider' s failure to comply with the terms of this Agreement constitutes Subdivider' s consent for the City to file a notice of violation against all the lots in the Subdivision, or to rescind or otherwise revert the Subdivision to acreage. Subdivider specifically recognizes that the determination of whether a reversion to acreage or rescission of the Subdivision constitutes an adequate remedy for default by the Subdivider shall be within the sole discretion of the City.
8. 4. Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, the Subdivider agrees that the choice of remedy or remedies for Subdivider' s breach shall be in the discretion of the City. Additionally, any remedy specifically provided in this Agreement shall be in addition to, and not exclusive of, City' s right to pursue any other administrative, legal, or equitable remedy to which it may by entitled.
8. 5. Attorney' s Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney' s fees. In the event of any dispute arising out of Subdivider' s performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney' s fees and costs. Such attorney' s fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney' s fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment.
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8. 6. Waiver. No waiver by the City of any breach or default by the Subdivider shall be considered valid unless in writing, and no such waiver by the City shall be deemed a waiver of any subsequent breach or default by the Subdivider.
9. Indemnity/ Hold Harmless. City or any officer, employee or agent thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents, employees, contractors and subcontractors in the performance of this Agreement.
Subdivider further agrees to protect, defend, indemnify and hold harmless City, its officials, boards and commissions, and members thereof, agents, and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of Subdivider, its agents, employees, contractors and subcontractors in the performance of this Agreement, except for such claims, demands, causes of action, liability or loss arising out of the sole active negligence of the City, its officials, boards, commissions, the members thereof, agents and employees, including all claims, demands, causes of action, liability or loss because of or arising out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said Subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design and construction of public drainage systems, streets and other improvements. Recordation of the Notice of Acceptance by the City of the Works of Improvements shall not constitute an assumption by the City of any responsibility for any damage or taking covered by this Section. City shall not be responsible for the design or construction of the property to be dedicated or the improvements pursuant to the approved improvement plans or map, regardless of any negligent action or inaction taken by the City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Subdivider submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design.
After recordation of the Notice of Acceptance, the Subdivider shall remain obligated to eliminate any latent defect in design or dangerous condition caused by the design or construction defect; however, Subdivider shall not be responsible for routine maintenance. The provisions of this paragraph shall remain in full force and effect for ten ( 10) years following the recordation of the Notice of Acceptance by the City of the Works of Improvements. It is the intent of this section that Subdivider shall be responsible for all liability for design and construction of the improvements installed or work done pursuant to this Agreement and that City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving or reviewing any work or construction. The improvement security shall not be required to cover the provisions of this Paragraph.
Subdivider shall reimburse the City for all costs and expenses, including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs, incurred by City in enforcing this Section.
Notwithstanding any other provision in this Section 9, Subdivider shall not be liable for defects in designs for the Interim Pine Improvements provided to Subdivider by City. 7- 16- 20 14 of 21
10. Subdivider's IndemnityofProjectApproval. Subdividershalldefend, indemnify, andhold harmlesstheCityanditsagents, officers, andemployeesfromanyclaim, action, orproceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning the Subdivision. TheCityshallpromptlynotifytheSubdividerofanyclaim, action, orproceedingand cooperatefullyinthedefenseofanysuchclaim, action, orproceeding. IntheeventCityfailsto promptlynotifytheSubdividerof anyclaim, action, orproceeding, or iftheCityfailsto cooperate inthedefense, theSubdividershallnotthereafterberesponsibletodefend, indemnify, or hold harmlessthe City. Nothingin this Sectionprohibitsthe Cityfromparticipatingin thedefenseof any claim, action, or proceeding if City bears its own attorney' s fees and costs and defends the actioningoodfaith. Subdividershallnotberequiredto payorperformanysettlementunlessthe settlement is approved by the Subdivider.
11. Insurance Requirements. Subdivider, at Subdivider' s sole cost and expense and for the full term of this Agreement and any extensions thereto, shall obtain and maintain all of the followingminimuminsurancerequirementsina formapprovedbytheCity's authorizeddesignee for Risk Managementprior to commencingany work:
a) Commercial General Liability policy with a minimum $ 1 million combined single limit for bodilyinjuryand propertydamageprovidingall of the following minimum coverage without deductibles:
i) Premises operations; including X, C, and U coverage; ii) Owners' and contractors' protection;
iii) Blanket contractual;
iv) Completed operations; and
v) Products.
b) Commercial Business Auto policy with a minimum $ 1 million combined single limit for bodily injury and property damage, providing all of the following minimum coverage without deductibles:
i) Coverage shall apply to any and all leased, owned, hired, or non- owned vehicles used in pursuit of any of the activities associated with this Agreement; and
ii) Any and all mobile equipment including cranes which are not covered under the above Commercial Business Auto policy shall have said coverage providedunderthe CommercialGeneral Liability policy. c) Workers Compensation and Employers' Liability policy in accordance with the laws of the State of California and providing coverage for any and all employees of the Subdivider:
7- 16- 20 15 of 21
i) This policy shall provide coverage for Workers' Compensation Coverage A); and
ii) This policy shall provide coverage for $ 1,000, 000 Employers' Liability ( Coverage B).
iii) Pursuantto LaborCodesection1861, Subdividerby executingthis Agreement certifies: " 1am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencingthe performance of the work of this contract."
iv) Prior to commencement of work, the Subdivider shall file with the City' s Risk Manager a Certificate of Insurance or certification of permission to self-insure workers' compensation conforming to the requirements of the Labor Code.
d) Endorsements. All of the followingendorsementsare requiredto be made a part of each of the above- required policies as stipulated below:
i) " The City of Chino, its officers, employees and agents are hereby added as additional insureds."
ii) " This policy shall be considered primary insurance with respect to any other valid and collectible insurance the City may possess, includingany self- insuredretentionthe City may have and any other insurance the City does possess shall be considered excess insurance only."
iii) " This insurance shall act for each insured and additional insured as though a separate policy has been written for each. This, however, will not act to increasethe limit of the insuringcompany." iv) " Thirty (30) days prior written notice of cancellation shall be given to the City of Chino in the event of cancellation and/ or reduction in coverage, except that ten ( 10) days prior written notice shall apply in the event of cancellation for non- payment of premium." Such notice shall be sent to the Risk Manager at the address indicated in Subsection f below.
v) Subsection d( iv) hereinabove " Cancellation Notice" is the only endorsement required of the Workers' Compensation and Employers' Liability policy.
7- 16- 20 16 of 21
e) Admitted Insurers. All insurance companies providing insurance to the Subdivider under this Agreement shall be admitted to transact the business of insurance by the California Insurance Commissioner.
f) Proof of Coverage. Copies of all required endorsements shall be attached to the Certificate of Insurance which shall be provided by the Subdivider' s insurance company as evidence of the coverage required herein and shall be mailed to:
City of Chino
Risk Management
13220 Central Avenue
Chino, CA 91710
12. Environmental Warranty.
12. 1. Prior to the acceptance of any dedications or Works of Improvement by City, Subdivider shall provide City with a written warranty in a form substantially similar to Exhibit " C" attached hereto and incorporated herein by reference, that:
a) Neither the property to be dedicated nor Subdivider are in violation of any environmental law, and neither the property to be dedicated nor the Subdivider are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated.
b) Neither Subdivider nor any other person with Subdivider' s permission to be upon the property to be dedicated shall use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this Agreement, the term " Hazardous Substances" shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as "Toxic Materials" in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, in effect as of the date of this Agreement and/ or the date of the completion of the public improvements, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies in effect as of the date of this Agreement and/or the date of the completion of the public improvements.
c) Subdivider has not caused or permitted the release of, and has no knowledge of the release or presence of, any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. 7- 16- 20 17 of 21
d) Subdivider' s prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated.
12. 2. Subdivider shall give prompt written notice to City of:
a) Any proceeding or investigation by any federal, state or local governmental b) authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. c) Any claims made or threatened by any third party against City or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and
d) Subdivider' s discovery of any occurrence or condition on any property adjoining or in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law.
13. General Provisions.
13. 1. Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider' s right, title, and interest in and to the Property and any portion thereof.
Subdivider hereby consents to City recording this Agreement as official records of San Bernardino County, affecting fee title interest to the Property to provide constructive notice of the rights and obligations incurred by Subdivider in the City' s approval of this Agreement. In the event the Property is subsequently conveyed by Subdivider to a third party prior to completion of the Works of Improvement, whereby the third party is intended to assume Subdivider' s responsibilities with regard to this Agreement, ( the " Replacement Subdivider"), the rights and obligations of this Agreement shall transfer to the Replacement Subdivider; however, the Security Instruments required pursuant to Section 4 of this Agreement, and furnished by Subdivider as a condition of the City's approval of this Agreement, shall remain Subdivider' s responsibility to maintain until such time as Subdivider and its Replacement Subdivider enter into a Transfer and Assignment of Subdivision Agreement, ( the " Transfer Agreement"), to acknowledge the transfer of fee title to the Property from the Subdivider to its Replacement Subdivider, and to acknowledge the rights and obligations associated with this Agreement upon the Replacement Subdivider, including Replacement Subdivider' s responsibility to furnish replacement Security Instruments meeting the City's approval pursuant to Section 4 of this Agreement. Until such time as a Transfer Agreement, meeting the City' s approval, is executed by Subdivider and its Replacement Subdivider, and replacement Security Instruments meeting City' s approval are furnished by the Replacement Subdivider, Subdivider retains sole responsibility for maintaining all Security Instruments required pursuant to Section 4 of this Agreement.
7- 16- 20 18 of 21
13. 2. NoThird-PartyBeneficiaries. ThisAgreementisintendedto benefitonlytheparties heretoand their respectivesuccessorsand assigns. NeitherCity nor Subdivider intendto create any third- party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity.
13. 3. No Vesting Rights. Performance by the Subdivider of this Agreement shall not be construedto vestSubdivider's rightswithrespectto anychangeinanyzoningorbuildinglawor ordinance.
13. 4. Subdivider is Not Agent of City. Neither Subdivider nor Subdivider' s agents, contractors, or subcontractors are agents or contractors of the City in connection with the performance of Subdivider' s obligations under this Agreement.
13.5. Time of the Essence. Time is of the essence of Subdivider's performanceof all of its obligations under this Agreement.
13. 6. Notices. Unless otherwise specified in this Agreement, all notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notice shall be provided to the persons listed on Pages 1 and 2 of this Agreement by the parties for this purpose.
Either party may provide a new designated representative and/or address by written notice as provided in this Section.
13. 7. No Apportionment. Nothing contained in this Agreement shall preclude City from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other subdividers for the apportionment of costs of water and sewer mains, or other improvements pursuant to the provisions of the City ordinances providing therefore. Nor shall anything in the Agreement commit City to any such apportionment.
13.8. Severability. If any portion of this Agreementis 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 Agreementare for convenience and reference only and shall not be used in the interpretationof any provisionof this Agreement.
13.10. Incorporationof Recitals. The recitalsto this Agreement are hereby incorporated into the terms of this Agreement.
13. 11. Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California.
13. 12. Entire Agreement; Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations 7- 16- 20 19 of 21
and previousagreementsbetweenthe partieswith respectto all or partof the subjectmatter hereof, exceptas may be expresslyprovidedherein. All waiversof the provisionsof this Agreementmust be in writingand signedby an authorizedrepresentativeof the partyto be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties.
13.13. Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall be deemed one original.
14. Authority. The persons executing this Agreement on behalf of the parties warrant (i) the party is duly organized and existing, ( ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, ( iii) by so executing this Agreement, such party is formally boundto the provisionsof this Agreement, and (iv) the entering into of this Agreement does not violate any provisionsof any other agreementto which said party is bound.
SIGNATURES ON NEXT PAGE]
7- 16- 20 20 of 21
INWITNESSWHEREOF, theCityandtheSubdividerhavecausedthisAgreementtobe executed the day and year first above written.
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
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Fred Galante, City Attorney Nicholas S. L' ri, AICP Director of Development Services
CHINO PRESERVE DEVELOPMENT
CORPORATION:
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Name: / 9 yir, 1o6df+,1
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Title: , 4/Whirh c/ 1
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CITY OF CHINO
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Matthew : a
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Dated: q..1,!ry
ATTEST:
By G2.°1
Angela les, City Clerk
Dated: C( • 1, . )- t))-.)
7- 16- 20 21 of 21
DocuSign Envelope ID: 787E6381- B065- 4C1F- BCD7- 90FA9E98CEB8 INWITNESSWHEREOF, theCityandthe SubdividerhavecausedthisAgreementto be executed the day and year first above written.
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
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Fred Galante, City Attorney Nicholas S.
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L... /../ri, AICP
Director of Development Services
CHINO PRESERVE DEVELOPMENT
CORPORATION:
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Title: // Meek eJ
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CITY OF CHINO
Matthew Ballantyne, City Manager
Dated:
ATTEST:
By
Angela Robles, City Clerk
Dated:
7- 16- 20 21 of 21
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 C`cf>: a: CsY"< ancfcf f cY' rah f isaSAzOcY`, c:<. cPX: cSSC. c. S` Icri r,, cfsS , c0c: 4, rl` cS; c: s Y' cSd s. 20saC: c. S c0rSa A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of.._ Spit O' V'f" ev t kit`
On II) V fir. c before me, Tail. yo C f q;" ( i V4>( tC Date Here Insert Name and Title of the Officer
personally appeared _..__ 6 ,` 411 Clc4% c' 1tIY`'(i (\ Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/ their authorized capacity( ies), and that by his/ her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph TANYt K. NESMITN /
is true and correct.
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OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer( s) Other Than Named Above:
Capacity( ies) Claimed by Signer( s)
Signer' s Name: Signer' s Name:
LI Corporate Officer — Title( s): C1 Corporate Officer — Title( s):
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2014 National Notary Association • www. NationalNotary. org• 1- 800- US NOTARY( 1- 800- 876- 6827) Item# 5907 7- 16- 20
EXHIBIT " A"
FINAL MAP 20164 LEGAL DESCRIPTION
ALL OF THAT REAL PROPERTY IN THE CITY OF CHINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBEDAS FOLLOWS:
TRACT 20164, AS PER MAP FILED IN BOOK , PAGES THROUGH
INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
SpecificLegalDescriptionto beinsertedat Timeof MapRecordation] 7- 16- 20 A- 1
EXHIBIT " B"
TENTATIVE TRACT MAP 20164 WORKS OF IMPROVEMENT
A. Removalof undesirable, dangerousand dead plant materials and roots.
B. All onsite and offsite grading as specified on the approvedgrading 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 constructionplans and in accordance with City Standards.
E. Sanitary sewers constructed as shown on the approved, engineered plans and in accordance with City Standards.
F. Water mains, valves, hydrants, services, meters and appurtenances to serve each lot as shown on the approved construction plans and in accordance with City Standards.
G. Underground installation of all electrical, telephone, cable television and any other energy or communication lines that abut or are within the project site.
H. A street lighting system ( City-owned) in accordance with City Standards.
I. Disposal of all rocks and debris located within any public right-of-way within said development or on the boundary streets thereof.
J. Installation of concrete curbs, gutters, sidewalks, cross gutters, driveways and intersections as shown on approved construction plans and in accordance with City Standards.
K. Installation of asphalt concrete or Portland Cement Concrete street pavement on base material as shown on approved construction plans and in accordance with City Standards.
L. Street signs at intersections per the City Standards.
M. Installation of approved landscaping ( plants and materials).
N. Setting monuments as required by the State Code.
The Subdivider shall also perform all work and furnish all materials necessary, in the opinion of the Director of Development Services or his designee and on his order, to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work. 7- 16- 20 B- 1
NL CM DSH X
MB IA MK
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E- Mail Sent: 8/ 1/ 19
To: M Hitz
DEVELOPMENT ENGINEERING DIVISION CONDITIONS OF APPROVAL TRACT MAP NO. 20164
DATE: 8412049 7/ 1/ 2020 PC MEETING DATE: 89 Dev Mod: 7/ 20/ 2020 PROJECT DESCRIPTION: Subdivide 54.78 acres into 9 lots and 12 lettered lots in LDR zone of The Preserve ( Resubdivision of a portion of TM 19994)
PROJECT LOCATION: SWC of Hellman Ave and Market Street
APPLICANT: Chino Preserve Devel. Corp., J. Edwards PROJECT ENGINEER: D. Hammer
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 DIRECTOR OF DEVELOPMENT SERVICES SHALL HAVE
THE AUTHORITY TO APPROVE MINOR DEVIATIONS IN THE CONDITIONS OF APPROVAL, AND ALL PLANS INCLUDING THE CONSTRUCTION DRAWINGS.
BOLD TEXT ARE REVISED AND NEW CONDITIONS FOR DEVELOPER MODIFICATION # 1.
1. 0 PRIOR TO MAP RECORDATION:
1. 1 Provide a preliminary Title Report no older than 60 days.
1. 2 Submit a preliminary soils report to the project engineer for review and approval in accordance with Government Code, Section 66434. 5.
1. 3a Make the following dedications:
Street Name Distance Direction From C/ L
Streets " A" and " B" adjacent to 48 feet R/ W plus 12 feet 30 feet one side and 18 Lot A ( Park) PUE feet other side with PUE
Streets " A" — " J" 60 feet R/ W 30 feet each side
1. 3b Prepareand record necessarydrainage easementsto implementthe project in accordance with drainage law.
1. 3c Dedicate an easement for purposes of public access and sidewalk, along westerly side of Hellman Ave frontage.
1. 4 Execute a SubdivisionAgreement and submit security in an amount acceptable to the City Engineerto guaranteeconstructionof the public improvementslisted in 2.0. 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.
TRACT MAP NO. 20164 2 8/ 1/ 19 Dev Mod 7/ 20/ 2020
1. 5 Provide a Monumentation Bond in an amount specified in writing by a Registered Engineer or Licensed Land Surveyor of Record.
1. 6 Submit and obtain approval for a list of proposed street names for the interior streets to the Street Naming Committee for name( s) selection.
1. 7 Comply with all applicable requirements of the City Code.
1. 8 Pay all applicablefees pursuantto City Code including, but not limited to, plan check fees.
1. 9 Comply with all requirementsof The PreserveSpecificPlan, includingbut not limitedto those indicated in these conditions.
1. 10 In collaboration with the City, acquire right-of-way, drainage easements and all other rights on Pine Avenue and Euclid Avenue as needed to accommodate street widening. Pursuant to Section 66462. 5 of The Subdivision Map Act, if unable to acquire right- of-way, enter into an agreement with the city to complete the improvements at such time as the city acquires the right- of- way.
1. 11 Comply with all requirements of Focused Trip Generation and Internal Circulation Assessment for South of Pine iBlock4, dated September 21, 2018, prepared by Linscott, Law, Greenspan; Traffic Impact Analysis " South of Pine" ( Tentative Tract Map No. 16420) The Preserve Phases 3 and 4 area Internal evaluation and External Evaluation, dated January 2008, prepared by Linscott, Law, & Greenspan; and Revised Traffic Impact Analysis for The Preserve specific Plan Flores& South of Pine GPA- SPA- MSA Project dated August 30, 2016; and any addenda to each of these studies.
2. 0 PRIOR TO ISSUANCE OF CONSTRUCTION PERMITS:
2. 1 All required plans and studies shall be prepared by a Registered Professional Engineer and submitted to the project engineer for review and approval. All project plans must be approved by the City Engineer' s office before a Building Permit will be issued. All maps, studies, calculation sheets, reports, etc. must be on and/ or folded in an 11- inch x 8 1/2- inch standard format.
2. 2 Prepare and submit a drainage study, including supporting hydraulic and hydrological data to the project engineerfor approval. The study shall confirm or recommendchangesto the City's adopted Master Drainage Plan by identifying off-site and on-site storm water runoff impacts resulting from build- out of permitted General Plan land uses. In addition, the study shall identify the project's contribution and shall provide locations and sizes of catchments and system connection points and all downstream drainage- mitigating measures.
2. 3 Prepare and submit a grading plan showing 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.
TRACT MAP NO. 20164 3 8449 Dev Mod 7/ 20/ 2020
2. 4a Design per City Standards full public improvements for all impacted and interior streets/ facilities in accordance with City Code, Standards and Specifications. Such public improvements may include, but not be limited to the following: ( Please coordinate and verify all requirements with the project engineer.)
Streets
A" —<< J„
Curb & Gutter( Offset from Centerline) 18' Both Sides
Sidewalk ( Width) 5' Both Sides
Asphalt Concrete Pavement on Aggregate Base
Width from Centerline) 32'
Asphalt Concrete Overlay
Street Lights X
Median Island and Landscaping
Parkway Landscaping X
Striping and Traffic Controls X
Traffic Signal Interconnect
Conduit System for CATV X
Sewer X
Storm Drain X
Domestic Water X
Recycled Water
Fire Hydrants as required by CVIFD X
Other
2. 5b The City shall design Design per City Standardsthe following required improvementson Pine Avenue between Euclid and MayhewAvenues to the satisfaction of the City Engineer.
Applicant shall only receive DIF credit for the construction of improvements identified in the City' s latest DIF Nexus Study:
A. Widen Pine Avenue to provide two westbound lanes, a two-way left turn lane, and two eastbound lane. Provide two westbound left turn lanes and two northbound right turn lanes at the Euclid Avenue intersection. Improvements shall include but are not limited to AC pavement, curb, gutter, signing, and striping. With assistance from the City, acquire right-of-way on Pine Avenue and Euclid Avenue as needed to accommodate street widening.
B. Restripe Pine Avenue to increase the capacity of the two westbound left turn lanes at the Pine & Euclid intersection to the satisfaction of the City.
C. Install temporary striping to accommodate a transition between lane configurations at Mayhew Avenue.
2. 6 Obtain design and plan approval from appropriateutility companies for undergrounding all utility lines adjoining and interior to the project, including power lines of 34.5 kV or less, in accordance with City Code, Chapter 13.32.
2. 7 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 TRACT MAP NO. 20164 4 8/44 Dev Mod 7/ 20/ 2020
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. Moredetailedinformationregardingthis GeneralPermit, applicablefeeinformationandthenecessaryformstocompletetheNOIare available by calling ( 916) 341- 5537 or on the SWRCB web site at http://www.swrcb.ca.gov/water issues/programs/stormwater/constpermits.shtml
2. 8 Pursuantto SantaAnaRegionalWaterQualityControlBoardOrderNumberR8-2010-0036, NPDESPermitNo. CAS618036, prepareaproject-specificWaterQualityManagementPlan WQMP) andsubmitto the projectengineerfor reviewandapproval. To addressNPDES Permitrequirementsto the maximumextentpracticable, the projectshallbe designedto specify preferentialuse of Low ImpactDevelopmentBest ManagementPracticesthat reduce pollutants and runoff volume through structural measures ( e. g. infiltration, harvesting, and bio- treatment) and non- structural measures ( e. g. preserving natural areas, clustering development, and reducing impervious areas). The WQMP shall conform to the requirements of the San Bernardino County Stormwater Program, 2013 WQMP Technical Guidance Document.
2. 9 Anyfuturemaintenanceandrepairof fireserviceandsewerlateralsto the projectsiteshall bethe soleresponsibilityof the applicant/propertyownerin accordancewithCityCode, Chapter 13. 04. 175 and 13. 12. 150.
2. 10
ConveyownershipofallexistingonsitewaterwellstotheCityandconverttomonitoringwells as directedby the City's Water UtilitiesSupervisor. Prepareand recordany necessary easementsto providethe City with accessto the monitoringwells. Any existing water wells thatcannotbe feasiblyconvertedto monitoringwellsshallbe destroyedperCityStandard No. 465.
2. 11
Citystaffshalldeterminethetypeof water (potableor recycled) to be usedfor grading operations, dust control activities, and commonarea/public landscapeirrigationat the time of permit issuance.
2. 12 All public street corners shall have a minimum curb radii per City Code, Chapter 19.06 and City Standards and Specifications.
2. 13 ProvideadequatesightdistanceperCityStandardNo. 865for eachprojectdrivewayandat all intersections. Landscaping type and height shall be maintained to ensure sight distance requirements are perpetuated.
2. 14 Reconstructcurbrampsto meetADArequirementsto thesatisfactionof CityEngineer.
2. 15 SubmittotheCityelectronicfiles, inAdobeAcrobatPDFformat, of allsubmittals, including reports, studies, improvement plans and City redlines of previous submittals.
3. 0 PRIOR TO ISSUANCE OF BUILDING PERMITS FOR ANY LOT WITHIN THE SUBDIVISION:
3. 1 Record Tract Map No. 20164 pursuant to the Subdivision Map Act and in accordance with CityCode. Providea duplicatephotomylaroftherecordedmaptotheCityEngineer's office.
3. 2 Providea certificate, froma RegisteredCivilEngineer, certifyingthatthefinishedpadgrading has been completed in accordance with the City approved grading plan.
TRACT MAP NO. 20164 5 8/4/ 49 Dev Mod 7/ 20/ 2020
3. 3
Prepareandsubmitafinalgradingplanshowingbuildingfootprints, padelevations, finished grades, drainageroutes, retainingwalls, erosioncontrol, slopeeasementsandotherpertinentinformationinaccordancewithAppendixJoftheCaliforniaBuildingCode, latestedition.
3. 4
Payallapplicablefeesincluding, butnotlimitedto, DevelopmentImpactFees (DIF) and SewageFacilitiesDevelopmentFee (SFDF) notpreviouslypaidunderItem1.0 above, in accordance with the City Code.
3. 5
DevelopersconstructingPublicImprovementsincludedintheDevelopmentImpactFees NexusandCalculationReportandcorrelatingMasterFacilitiesPlanaresubjectto the provisionssetforthintheBiddingandContractRequirementsforPublicImprovementsPolicyResolution 2019- 043). The Policywas adoptedin conjunctionwith the comprehensive updateto theChinoMunicipalCodeChapters3.40and3.45 entitledDevelopmentImpact Fees of which, Sections 3. 40. 130( B) and 3. 45. 130( B) of these Chapters establish the requirementssetforthin the Policyandalsotherequirementsfor reimbursement/credits against Development Impact Fees. Pleasevisit the City's websiteto obtain copiesthe updatedOrdinances2019-007and2019-009andPolicy.
3. 6
Thedevelopershallenterintoa "DIFPre-PaymentAgreement" withthecityforSTORMDRAINAGE COLLECTION SYSTEM FACILITIES & CIRCULATIONcategoriesasit pertains totheultimatePineAveimprovementsincludedintheDIFNexusReportfordesign, right-of- way, and construction.
4. 0 PRIORTOREQUESTANDRELEASEOFANYOCCUPANCYPERMITS:
4. 1
Constructand secure DevelopmentServicesDepartmentapprovalof all required improvementsandpublicfacilitiesenumeratedunderSection2.0above (perResolutionNo. 88-23) exceptthose PineAve improvementitemsaddressedin item 5.0, below.
4. 2
Undergroundall utilitylinesadjoiningandinteriorto theproject, includingpowerlinesof
34.5kV or less in accordancewith City Code, Chapter 13.32.
4. 3
Theapplicant's CivilEngineershallfieldverifythatallBMPsaredesigned, constructed, and functionalinaccordancewiththeapprovedWQMP. BMPsshallalsobeinspectedbyPublic WorksEnvironmentalstaff. CoordinateinspectionwithstaffandsubmitacompletedCityofChino BMP field verificationform for reviewand approval.
4. 4
SlurrysealalongallstreetsimpactedbytheconstructionofthisdevelopmentasdirectedbyCitystaff. Installsigningandstripingperapprovedplans.
4. 5
SubmittotheCity, electronicfilesofTract/ParcelMapand "as-built" improvementplansin AUTOCADformatandAdobeAcrobatPDFformat. AUTOCADfilesshallbesubmittedasan archived zip file of the CAD drawings with all base files attached.
TRACT MAP NO. 20164 6 8M-g9 Dev Mod 7/20/ 2020
5. 0 COMPLETE PINE AVE. PUBLIC IMPROVEMENTS:
5. 1
Withinoneyearofobtainingrightofwayfromtheapplicableoffsitepropertyowners and obtaining required permits from the State and federal agencies, construct and secureDevelopmentServicesDepartmentapprovalof all requiredimprovementsand public facilities described as follows:
A. Construct interim Pine Ave street widening betweenEuclid Ave and Mayhew Ave described in item 2.5b, above. ( APNs 1056-392-05 and 06) B. Slurry seal along all streets impactedby the construction of this development asdirectedbyCitystaff. Installsigningandstripingperapprovedplans.
DSH
Attachment
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
DEVELOPMENT ENGINEERING DIVISION
ITEMS REQUIRED FOR FIRST PLAN CHECK SUBMITTAL
TRACT MAP NO. 20164
PROJECT ENGINEER: D. Hammer
DATE: 7/ 1/ 2020
A COPY OF THIS CHECK LIST MUST BE SUBMITTED WITH THE FIRST PLAN CHECK 1 Copy of Development Engineering Division Conditions of Approval with approved tentative tract map
2 Sets of Maps ( Subdivision Only)
2 Copies of preliminary Title Report ( no older than six months) with support documents 2 Copies of Closure Calculations ( Subdivision Only)
1 Set of Referenced Maps ( Subdivision Only)
2 Copies of Preliminary Soils Report ( no older than sixty days) 2 Copies of lot line adjustment certificate
2 Copies of lot merger
2 Copies of right- of- way dedication
4 Sets of Rough Grading Plans
5 Sets of Precise Grading Plans
4 Sets of Storm Drain Plans
2 Copies of Hydrology and Hydraulic Calculations with Backup Data Signed and Sealed by a Registered Civil Engineer)
2 Copies of Engineering Cost Estimate ( On City Forms) with Engineer' s Wet Signature and Stamp 3 Sets of Street Improvements Plans
3 Copies of Cross- Sections ( if street plans are required) at 50' intervals and extended a minimum of 100' beyond limits of improvements
2 Sets of Sewer Plans
3 Sets of Domestic Water Plans
2 Sets of Recycled Water Plans
2 Sets of Street Light Plans
2 Copies of Voltage Drop Calculations ( Signed and Sealed by a Registered Engineer) 2 Sets of Signing and Striping Plans
1 Sets of Traffic Signal Interconnect Plans
2 Sets of Traffic Signal Plans
1 Water Quality Management Plan
Rev. 11/ 19/ 18 MB
EXHIBIT " C"
FINAL MAP NO. 20164
CHINO PRESERVE DEVELOPMENT CORPORATION
ENVIRONMENTAL WARRANTY
As a condition precedent to acceptance of the dedications and public improvementsto be conveyedby the above-namedSubdividerto the Cityof Chinofor the above-referencedSubdivision, Subdividerherebywarrants to the City of Chino that:
1. Neitherthe propertyto be dedicatednor Subdividerare in violationof any environmental law, and neither the property to be dedicated nor the Subdivider are subject to any existing, pending or threatened investigationby any federal, state or local governmentalauthorityunderor in connectionwiththeenvironmentallawsrelatingto the property to be dedicated.
2. NeitherSubdividernor any other personwith Subdivider's permissionto be upon the property to be dedicated has used, generated, manufactured, produced, or released, on, under, or about the property to be dedicated, any Hazardous Substance except in compliancewith all applicableenvironmentallaws. For the purposesof this warranty, the term "HazardousSubstances" shall mean any substance or materialwhich is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as " Toxic Materials" in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, in effect as of the date of this Warranty and/or the date of the completion of the public improvements, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies in effect as of the date of this Warranty and/or the date of the completion of the public improvements.
3. Subdivider has not caused or permitted the release of, and has no knowledge of the releaseor presenceof, any HazardousSubstanceon the propertyto be dedicated or the migrationof any hazardoussubstancefrom or to any other propertyadjacentto, or in the vicinity of, the property to be dedicated.
4. Subdivider's prior and present use of the property to be dedicated has not resulted in the release of any Hazardous Substance on the property to be dedicated.
5. All persons executing this warranty hereby represent and warrant to the City of Chino, and Subdivider hereby represents and warrants, that the signators hereto have the legal power, right and authority to executethis warranty on behalf of the Subdivider 7- 16- 20 C- 1
and that the signators hereto have sufficient knowledge or expertise, either personally, through reasonable inspection and investigation of the property, or through reasonable reliance upon the investigation and professional opinion of Subdivider' s environmental experts, to make the representations herein, and that no consent of any other party is required to execute this warranty and make the representations herein on behalf of the Subdivider to the City of Chino.
Each of the undersigned persons declares under penalty of perjury that the foregoing is true and correct.
Dated: c'
CHINO PRESERVE DEVELOP ENT CORPORATION
By:
Proof of authorization for Subdivider' s signatures is required to be submitted concurrently with this environmental warranty.
7- 16- 20 C- 2
Executed in Triplicate
Premium: $ 33, 310. 00
Bond No.: 36K013200
Contract No.: 2021 — 041 d
Approved:
1 IZI 1'ZO413
FAITHFUL PERFORMANCE BOND
Tract Map No. 20164
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as" CITY" and Chino Preserve Development Corporation hereinafter designated as PRINCIPAL," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated July 21, 2020 and identified as Project No. Tract Map No. 20164 is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the Principal and The Ohio Casualty Insurance Company as surety, are held and firmly bound unto the City of Chino in the penal sum of Eight Million Three Hundred Twenty- Seven Thousand Four Hundred Dollars ($ 8, 327, 400. 00 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above- bound Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in said agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on July 23, 2020
Chino Preserve Development Corporation The Ohio Casualty Insurance Company
PRINCIPAL SURETY
By: See Attached
By: i17.
JessicKGa ia, Attorney In Fact
SIGNATURES MUST BE NOTARIZED
Rev. 04/ 2019) Page 1 of 1
Signature Page for Bond #: 36K013200
CHINO PRESERVE DEVELOPMENT CORPORATION,
a California corporal n
Name: Bry Goodman
Its: Authorize gent
ACKNOWLEDGMENT
A notary public or other officer completingthis
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Bernardino
On July 28, 2020 before me, Tanya K. Nesmith, Notary Public insert name and title of the officer')
personally appeared Bryan Goodman
whoprovedto meonthebasisof satisfactoryevidenceto bethe person(s) whosename(s) is/are subscribedto thewithininstrumentandacknowledgedto methathe/she/theyexecutedthesamein his/ her/ their authorized capacity( ies), and that by his/her/their signature( s) on the instrument the person( s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
IcertifyunderPENALTYOFPERJURYunderthelawsoftheStateofCaliforniathattheforegoing paragraph is true and correct.
WITNESS myhand and official seal. iANYAK NESMITH
w1 Notary Public- California
i '^ tiVi San Bernardino County _>
6 Y
7 Commission# 2254448
My Comm. Expires Aug 16, 2022
Signature t '? n t.-
J/ ; P-,'', I Seal)
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CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 1 vc r;:< x-- 6-. 7t- i% u),. r%:: Sn.. S' ti( 7wncc, c-` ti<,. ti." ;<'. v5x. i` c,(,. C.:,- e..•
v\:,--`(` 5..: i. n- x,-. t':.; x, 7,, G< n: C'M-.. . x. C, c S- ti.,,-.. c, 7S ,., 5'.i.. l A notarypublicor other officer completingthis certificateverifiesonly the identityof the individualwho signedthe document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
e
On - 7) :.
J , 0 beforeme, AntonioAlvarado,NotaryPublic
Date Here Insert Name and Title of the Officer
personally appeared JessicaGarcia
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the person whose name{ eid51' are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ their authorized capacity( ies-} and that by his heir signature(&)- on the instrument the person{,}; or the entity upon behalf of which the person( cted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.
WITNESS my hand a . ial seal.
0. a' AAlTC' JIOAL` AR4D0
SignatureNotary,t ublc California
b
i of otary Publicz r r' • Orange County n
rLx Comm,sson.# 2221608
MyComm ExpiresNov 12.2021
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer( s) Other Than Named Above:
Capacity( ies) Claimed by Signer( s)
Signer' s Name: Jessica Garcia Signer' s Name:
C Corporate Officer— Title( s): Corporate Officer— Title( s):
Partner— Limited General Partner— LI Limited LI General L- Individual Attorney in Fact U Individual El Attorneyin Fact El Trustee Guardian or Conservator I— Trustee Guardian or Conservator Other: Other:
Signer Is Representing: " jam..' (11(-1\ D Signer Is Representing:
2014 National Notary Association • www. NationalNotary. org• 1-800- US NOTARY( 1-800- 876- 6827) Item# 5907 LMS- 14067 12/ 14
or ThisPowerofAttorneylimitstheactsofthosenamedherein,andtheyhavenoauthorityto y
bindtheCompanyexceptinthemannerandto theextenthereinstated. c,. Liberty LibertyMutualInsuranceCompany
fi• ` MutuaL The Ohio Casualty Insurance Company Certificate No: 8203482- 000001 WestAmericanInsuranceCompanySURETY
POWER OF ATTORNEY
KNOWNALLPERSONSBYTHESEPRESENTS:ThatTheOhioCasualtyInsuranceCompanyisacorporationdulyorganizedunderthelawsoftheStateofNewHampshire,that LibertyMutualInsuranceCompanyisacorporationdulyorganizedunderthelawsoftheStateofMassachusetts,andWestAmericanInsuranceCompanyisacorporationdulyorganizedunderthelawsoftheStateofIndiana(hereincollectivelycalledthe"Companies"),pursuanttoandbyauthorityhereinsetforth,doesherebyname,constituteandappoint, MariaLuisa R.Aguinaldo,AntonioAlvarado,BrettD.Asmus,VictorA.Ballesteros,I)ehraBell,JaneE.Block,ShirleyA.Campi,JorgeCorrea,MichaelJ.Forman,JessicaGarcia, SandraGaytan,BeckyGomez,VuHo,JimHume,MaricelaLares,BrianNgare,.fennyT.Nguyen,RajanPatel,MariaG.Rodriguez-Wong,AlexSatnchez,Gerald Schumacher,MichaelStein,lsmeralda IJreno,LupeVillarreal, StevenC. White,AnthonyK.T. Yau all of the city of Orange state of CA eachindividuallyiftherebemorethanonenamed,itstrueandlawfulattorney-in-facttomake, execute,seal,acknowledgeanddeliver,forandonitsbehalfassuretyandasitsactanddeed,anyandallundertakings,bonds,recognizancesandothersuretyobligations,inpursuance ofthesepresentsandshallbeasbindingupontheCompaniesasiftheyhavebeendulysignedbythepresidentandattestedbythesecretaryoftheCompaniesintheirownproper persons.
INWITNESSWHEREOF,thisPowerofAttorneyhasbeensubscribedbyanauthorizedofficerorofficialoftheCompaniesandthecorporatesealsoftheCompanieshavebeenaffixed thereto this 20th day of April , 2020 -
LibertyMutualInsuranceCompany
p,, tNsUR4 Pvty
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DavidM.Carey,AssistantSecretary
a) 01 Countyof MONTGOMERY CD
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On this 20th day of April , 2020 before me personally appeared David M Carey,who acknowledged himself to be the Assistant Secretaryof Liberty Mutual Insurance o
ornCompany,TheOhioCasualtyCompany,andWestAmericanInsuranceCompany,andthathe,assuch, beingauthorizedsotodo,executetheforegoinginstrumentforthepurposesm therein contained by signing on behalf of the corporations by himself as a duly authorized officer. c III v co E
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Kingof Prussia, Pennsylvania, on the day and year first above written. c a- c' in o 2
o COMMONWEALTH OF PENNSYLVANIA Q V'
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Notarial Seal
CTP
T© resa Pastolla, Notary Public
tpCUpper MerlonTwp. Montgomery County By: yy EMy Commission Expires March 28, 2029 eresa Pastella, NotaryPublic CO
1' Member, Pennsylvania Association of Notaries p
corno
al This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual c
0. Insurance Company,and West Amencan Insurance Companywhich resolutions are now in full force and effect reading as follows: oar ARTICLEIV— OFFICERS:Section 12.Powerof Attorney
omAny officerorotherofficialoftheCorporationauthorizedforthatpurposeinwritingbytheChairmanorthePresident, andsubjecttosuchlimitationastheChairmanorthe.7,3.0 32 U Presidentmayprescribe,shallappointsuchattorneys-in-fact,asmaybenecessarytoactinbehalfoftheCorporationtomake,execute,seal,acknowledgeanddeliverassurety > o"
c any and all undertakings, bonds, recognizances and other surety obligations Such attorneys-- in- fact, subject to the limitations set forth in their respective powers of attorney, shall cv L
havefullpowertobindtheCorporationbytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCorporationWhensoexecuted, suchEN Z
o
U instruments shall be as bindingas if signed by the President and attested to by the Secretary Any power or authority granted to any representative or attorney- in- fact under the.= ao
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. o i
ARTICLE XIII— Execution of Contracts: Section 5. SuretyBonds and Undertakings. v'—
AnyofficeroftheCompanyauthorizedforthatpurposeinwritingbythechairmanorthepresident,andsubjecttosuchlimitationsasthechairmanorthepresidentmayprescribe, I-- shallappointsuchattorneys-in-fact,as maybe necessaryto actin behalfoftheCompanyto make,execute,seal,acknowledgeanddeliverassuretyanyandallundertakings, bonds,recognizancesandothersuretyobligations.Suchattorneys-in-factsubjecttothelimitationssetforthintheirrespectivepowersofattorney,shallhavefullpowertobindthe CompanybytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCompany.Whensoexecutedsuchinstrumentsshallbeasbindingasif signed by the presidentand attestedby the secretary.
CertificateofDesignation—ThePresidentoftheCompany,actingpursuanttotheBylawsoftheCompany,authorizesDavidM.Carey,AssistantSecretarytoappointsuchattorneys-in- factasmaybenecessarytoactonbehalfoftheCompanytomake,execute,seal,acknowledgeanddeliverassuretyanyandallundertakings,bonds,recognizancesandothersurety obligations
Authorization—ByunanimousconsentoftheCompany'sBoardofDirectors,theCompanyconsentsthatfacsimileormechanicallyreproducedsignatureofanyassistantsecretaryofthe Company,whereverappearinguponacertifiedcopyofanypowerofattorneyissuedbytheCompanyinconnectionwithsuretybonds,shallbevalidandbindingupontheCompanywith the sameforceandeffectas thoughmanuallyaffixed.
I, ReneeC Llewellyn,theundersigned,AssistantSecretary,TheOhioCasualtyInsuranceCompany,LibertyMutualInsuranceCompany,andWestAmericanInsuranceCompanydo herebycertifythattheoriginalpowerof attorneyofwhichtheforegoingisa full,trueandcorrectcopyofthePowerofAttorneyexecutedbysaidCompanies,isinfullforceandeffectand has not been revoked.
el
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this „ - ) day of ) i U - , _'-' `'< 2f...' 1NSURq P
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h * 0 y./ * k1d sM * xa Renee C. Llewellyn,AssistantSecretary LMS- 12873 LMIC OCIC WAIL Multi Co 12/ 19
Executed in Triplicate
Premium: Includedin Performance
Bond No.: - 36K013200
Contract No.: 2 02 I — Oct O_
Approved: - 7 I21 I_z O * 15_
LABOR AND MATERIAL BOND
TRACT MAP NO. 20164
WHEREAS, theCityCounciloftheCityofChino, StateofCalifornia, hereinafterdesignatedas"CITY"andChino Preserve Development Corporation hereinafter designated as PRINCIPAL,"haveenteredintoanagreementwherebyPrincipalagreestoinstallandcompletecertaindesignated public improvements, which said agreement, dated July 21, 2020 and identified as Project No. Tract Map No. 20164
is herebyreferredto andmadea parthereof; and
WHEREAS, underthetermsofsaidagreement, Principalisrequired, beforeenteringupontheperformanceofthework,tofileagoodandsufficientpaymentbondwiththeCityofChinotosecuretheclaimstowhichreference ismadeinTitle15(commencingwithSection3082)ofPart4ofDivision3oftheCivilCodeoftheStateofCalifornia.
NOW, THEREFORE, saidPrincipalandtheundersigned, ascorporatesurety, areheldandfirmlybound untotheCityofChino, andallcontractors, subcontractors, laborers, material, men, andotherpersonsemployedin theperformanceoftheaforesaidagreementandreferredtointheaforesaidCodeofCivilProcedureinthesumofFour Million One Hundred Sixty- Three Thousand Seven Hundred Dollars ($ 4, 163, 700. 00) for materialsfurnishedorlaborthereonofanykind, orforamountsdueundertheUnemploymentInsuranceActwith respecttosuchworkorlabor,thatsaidsuretywillpaythesameinanamountnotexceedingtheamounthereinabove setforth, andalsoincasesuitisbroughtuponthisbond, willpay, inadditiontothefaceamountthereof, costsand reasonableexpensesandfees, includingreasonableattorneys'fees, incurredbyCityinsuccessfullyenforcingsuchobligation,tobeawardedandfixedbythecourt, andtobetaxedascostsandtobeincludedinthejudgmenttherein rendered.
Itisherebyexpresslystipulatedandagreedthatthisbondshallinuretothebenefitofanyandallpersons, companies, andcorporationsentitledto fileclaimsunderTitle15 (commencingwithSection3082) of Part4 of Division3oftheCivilCode, soastogivea rightofactiontothemortheirassignsinanysuitbroughtuponthis bond.
Shouldthe conditionof this bond be fully performed, then this obligationshall becomenull and void, otherwise it shall be and remain in full force and effect.
Thesuretyherebystipulatesandagreesthatnochange, extensionoftime, alteration, oradditionto the termsoftheagreementorthespecificationsaccompanyingthesameshallinanywayaffectitsobligationsonthis bond, andit doesherebywaivenoticeof anysuchchange, extensionoftime, alteration, or addition.
INWITNESSWHEREOF, thisinstrumenthasbeendulyexecutedbyPrincipalandSuretyabovenamed,on July 23, 2020 Chino Preserve Development Corporation The Ohio Casualty Insurance Company
PRINCIPAL SURETY
By:
See Attached
By:
Jessipac arcia,Attorney In aet'"'
SIGNATURE( S) MUST BE NOTARIZED
Rev- 04/ 2019)
Signature Page for Bond #: 36K013200
CHINO PRESERVE DEVELOPMENT CORPORATION,
a California corporation
By:
Name: Br n Goodman
Its: Authori Agent
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Bernardino
On July 28, 2020 before me, Tanya K. Nesmith, Notary Public v _
insert name ae, r tale of the officer)
personally appeared Bryan Goodman
whoprovedto meonthe basisof satisfactoryevidenceto bethe person(s) whosename(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ her/ their authorized capacity( ies), and that by his/her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTYOF PERJURYunderthe laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
TANYA K. NESMITH
i Notary Public- California
z
e .--: San Bernardino County _>
Commission r 2254448
My Comm. Expires Aug 16, 2022
Signature 1' 2 / k°.Y} 1. Seal)
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 1, cY', uf.:,-..{% <', it ti. r^ i' ti.<;.. 7: - ti,, r„-; ti.^„ r, Y:, c,- k-,..,';`.:;. ,:`-- e, 1.- ti.{ c-< v' rilY' tiS. c, c-, 4", c5.`‹-- c,,,^. -:,, c sl` 1 -.; A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
On
7/ 3 ) Oo beforeme, AntonioAlvarado,NotaryPublic
Date Here Insert Name and Title of the Officer
personally appeared JessicaGarcia
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the persorts- rwhose name( sWare subscribed to the within instrument and acknowledged to me that he/ 1ihey executed the same in his/,?/ their authorized capacity( itrs.),. and that by hisOftheir signature( n the instrument the person( s or the entity upon behalf of which the person($ acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.
WITNESS m -. nd and o ial se.
A" 1TONIOALVAR 9D0 Signcure ' ityw i,
K NotaryPub Cali forma
ureof NotaryPublich?'_
r
OrangeCounty
MLYcEe ! 232 1
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer( s) Other Than Named Above:
Capacity( ies) Claimed by Signer( s)
Signer' s Name: Jessica Garcia Signer' s Name:
LI Corporate Officer— Title( s): Corporate Officer— Title( s):
Partner— n Limited C General n Partner— H Limited General Individual Attorney in Fact n Individual D Attorneyin Fact n Trustee C Guardian or Conservator 0 Trustee n Guardianor Conservator n Other: Other:
Signer Is Representing: lir\ r" C Y l Signer Is Representing:
2014 National Notary Association • www. NationalNotary. org • 1-800- US NOTARY( 1-800- 876- 6827) Item# 5907 LMS- 14067 12/ 14
n ThisPowerofAttorneylimitstheactsofthosenamedherein,andtheyhavenoauthorityto bind the Company except in the manner and to the extent herein stated.
Libe rtyf%
Liberty Mutual Insurance Companyl
Mutual. Ohio Casualty Insurance Company Certificate No: 8203482- 000001 West American Insurance CompanySURETY
POWER OF ATTORNEY
KNOWNALLPERSONSBYTHESEPRESENTS:ThatTheOhioCasualtyInsuranceCompanyisacorporationdulyorganizedunderthelawsoftheStateofNewHampshire,that LibertyMutualInsuranceCompanyisacorporationdulyorganizedunderthelawsoftheStateofMassachusetts,andWestAmericanInsuranceCompanyisacorporationdulyorganized underthelawsoftheStateofIndiana(hereincollectivelycalledthe"Companies"),pursuanttoandbyauthorityhereinsetforth,doesherebyname,constituteandappoint, MariaI_uisa R. Aguinaldo,Antonio Alvarado,Brett D. Asmus,Victor A. Ballesteros,DebraBell, JaneL. Block,ShirleyA. Campi,JorgeCorrea,MichaelJ. Forman,JessicaGarcia, SandraGaytan,BeckyGomez,VuHo,JimHume,MaricelaFares,BrianNgare,JennyT.Nguyen,RajanPatel,MariaCl.Rodriguez-Wong,AlexSanchez,Gerald Schumacher, Michael Stein, Fsmeralda Dreno, Lupe Villarreal, Steven C. White, Anthony K.T. Yau all of the city of Orange state of CA eachindividuallyiftherebemorethanonenamed,itstrueandlawfulattorney-in-facttomake, execute,seal,acknowledgeanddeliver,forandonitsbehalfassuretyandasitsactanddeed,anyandallundertakings,bonds,recognizancesandothersuretyobligations,inpursuance ofthesepresentsandshallbeasbindingupontheCompaniesasiftheyhavebeendulysignedbythepresidentandattestedbythesecretaryoftheCompaniesintheirownproper persons.
IN WITNESSWHEREOF,this Powerof Attorneyhas been subscribedby an authorizedofficer or officialof the Companiesand the corporateseals of the Companieshavebeen affixed thereto this 20th day of April , 2020 -
Liberty MutualInsuranceCompany
P,
INS( J,
POSYINSUR a iNSUnq The Ohio CasualtyInsuranceCompany
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On this 20th day of April , 2020 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretaryof Liberty Mutual Insurance! N to Company,TheOhioCasualtyCompany,andWestAmericanInsuranceCompany,andthathe,assuch,beingauthorizedsotodo,executetheforegoinginstrumentforthepurposesi>3CO 8 >
therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 0 W
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o IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Kingof Prussia, Pennsylvania, on the day and year first above written c eL c• 0 opt
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COMMONWEALTH OF PENNSYLVANIA Q' Or
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Upper Meson Twp Montgomery County By: / t-«'
Ero My Commission Expires March 28, 2021
eresa Pastella, NotaryPublic 0 ca
Member. Pennsylvania Assc. Uan of Notaries 0.. 0at 0
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ThisPowerof Attorneyis madeandexecutedpursuantto andby authorityof the followingBy-lawsandAuthonzationsof TheOhioCasualtyInsuranceCompany, LibertyMutual O. g- Insurance Company,and West American Insurance Companywhich resolutions are now in full force and effect reading as follows d to a rtli
a)
2 ARTICLE IV- OFFICERS: Section 12. Power of Attorney. a L AnyofficerorotherofficialoftheCorporationauthorizedforthatpurposeinwritingbytheChairmanorthePresident, andsubjecttosuchlimitationastheChairmanorthem 0 President may prescribe, shall appoint such attorneys- in- fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety > c) anyandallundertakings,bonds,recognizancesandothersuretyobligations-Suchattorneys-in-fact,subjecttothelimitationssetforthintheirrespectivepowersofattorney,shalls% havefullpowertobindtheCorporationbytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCorporationWhensoexecuted, suchEci Z U instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney- in- fact under the`= co provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority o(-3 ARTICLE XIII- Execution of Contracts: Section 5 Surety Bonds and Undertakings o
AnyofficeroftheCompanyauthorizedforthatpurposeinwritingbythechairmanorthepresident,andsubjecttosuchlimitationsasthechairmanorthepresidentmayprescribe, I—‘-- shallappointsuchattorneys-in-fact,as maybenecessaryto actin behalfoftheCompanyto make,execute,seal,acknowledgeanddeliverassuretyanyandall undertakings, bonds,recognizancesandothersuretyobligations.Suchattorneys-in-factsubjecttothelimitationssetforthintheirrespectivepowersofattorney,shallhavefullpowerto bindthe Companybytheirsignatureandexecutionof anysuchinstrumentsandto attachtheretothesealof theCompanyWhensoexecutedsuchinstrumentsshallbeasbindingasif signedby the presidentand attestedby the secretary
Certificateof Designation-ThePresidentoftheCompany,actingpursuanttotheBylawsoftheCompany,authorizesDavidM.Carey,AssistantSecretarytoappointsuchattorneys-in- factasmaybenecessaryto actonbehalfoftheCompanyto make,execute,seal,acknowledgeanddeliverassuretyanyandallundertakings,bonds,recognizancesandothersurety obligations
Authorization-ByunanimousconsentoftheCompany's BoardofDirectors,theCompanyconsentsthatfacsimileormechanicallyreproducedsignatureofanyassistantsecretaryofthe Company,whereverappearingupona certifiedcopyofanypowerofattorneyissuedbytheCompanyinconnectionwithsuretybonds,shallbevalidandbindingupontheCompanywith thesameforce andeffect as thoughmanuallyaffixed.
I, ReneeC Llewellyn,theundersigned,AssistantSecretary,TheOhioCasualtyInsuranceCompany,LibertyMutualInsuranceCompany,andWestAmericanInsuranceCompanydo herebycertify thatthe originalpowerof attorneyof which the foregoingis a full, tnie and correctcopy of the Powerof Attorneyexecuted by said Companies,is in full force andeffectand has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this L. ) t c&
ay of ,,,)
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By:
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LMS- 12873 LMIC OCIC WAIC Multi Co 12/ 19
Exected in Triplicate
Premium: Included in Performance
Bond No.: 36K013200
Contract No.: 202 I - Oq0
Approved: - 1 I21 I to # 13
WARRANTY BOND
TRACT MAP NO. 20164
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as CITY" and Chino Preserve Development Corporation hereinafter designated as PRINCIPAL," haveenteredintoanagreementwherebyPrincipalhasagreedto warrantandguarantee the installation, completion, and maintenance of certain designated public improvements, which said agreement, dated July 21, 2020 and identified as Project No. TM 20164 , is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the warranty of said improvements.
NOW, THEREFORE, we, the Principal, and The Ohio Casualty Insurance Company , as surety, are held and firmly bound unto the City of Chino in the penal sum of Eight Hundred Thirty-Two Thousand Seven Hundred Dollars ($ 832, 700. 00 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bound Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on July 23, 2020
Chino Preserve Development Corporation_ The Ohio Casualty Insurance Company PRINCIPAL SURETY _
By: See Attached By,
Jessic arcia, ttorney ct
SIGNATURE( S) MUST BE NOTARIZED
Rev. 04/ 2019) Page 1 of 1
Signature Page for Bond #: 36K013200
CHINO PRESERVE DEVELOPMENT CORPORATION,
a California corpor tion
By:
Name: Br n Goodman
Its: Authori d Agent
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Bernardino
On July 28, 2020 before me, Tanya K. Nesmith, Notary Public insert name and title of the officer)
personally appeared Bryan Goodman
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ her/ their authorized capacity( ies), and that by his/ her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS myhand and official seal.
Y K NESMIrH
Nota-y Public California
I_ o is -. ) San Bernardino County
Commission# 2254448
My Comm.Cxpres Aug 16. 2022
Signature ( v/ e ' iC . Seal)
This Power of Attorney limits the acts of those named herein, and they have no authority toor bind the Company except in the manner and to the extent herein stated. 8Ni• LibertyPak
Liberty Mutual Insurance Company
Ia ` Mutual® The Ohio Casualty Insurance Company Certificate No 8203482- 000001 West American Insurance Company
SURETY
POWER OF ATTORNEY
KNOWNALL PERSONSBY THESE PRESENTS:That The Ohio Casualty InsuranceCompany is a corporationduly organizedunder the laws of the State of New Hampshire,that LibertyMutualInsuranceCompanyisacorporationdulyorganizedunderthelawsoftheStateof Massachusetts,andWestAmericanInsuranceCompanyisacorporationdulyorganized underthe lawsof the Stateof Indiana(hereincollectivelycalledthe" Companies'),pursuantto and by authorityhereinset forth,does herebyname,constituteand appoint, Maria I.visa R. Aguinaldo, Antonio Alvarado, Brett D. Asmus, Victor A. I3allesteros, Debra Bell, Jane E. Block, Shirley A. Campi, Jorge Correa, Michael J. Forman, JessicaGarcia, SandraGaytan,BeckyGomez,Vu Bo, Jim Hume,MaricelaCares,Brian Ngare,JennyT. Nguyen,RajanPatel,Maria G. Rodriguez-Wong,Alex Sanchez,Gerald Schumacher, Michael Stein, Esmeralda I treno, Lupe Villarreal, Steven C. White, Anthony K. T. Yau all of the city of Orange state of CA eachindividuallyiftherebemorethanonenamed,itstrueandlawfulattorney-in-facttomake, execute,seal,acknowledgeand deliver,for and on its behalfas suretyand as its act and deed,any and all undertakings,bonds,recognizancesand other suretyobligations,in pursuance ofthesepresentsandshallbeas bindingupontheCompaniesas iftheyhavebeendulysignedbythepresidentandattestedbythesecretaryoftheCompaniesin theirownproper persons.
INWITNESSWHEREOF,thisPowerof AttorneyhasbeensubscribedbyanauthorizedofficerorofficialoftheCompaniesandthecorporatesealsoftheCompanieshavebeenaffixed thereto this 20th day of April , 2020
LibertyMutualInsuranceCompany
P,
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INstp d tNs4R4 The Ohio CasualtyInsuranceCompany
s GpNpORg4y0 e 400° R4r 9y VP(po° 44T + c, West American Insurance Company en 3 Fo en Ar 3 Fo m
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al David M. Carey, Assistant Secretary y
ro State of PENNSYLVANIA C
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ss fro
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On this 20th dayof April , 2020 beforemepersonallyappearedDavidM.Care whoacknowledgedhimselftobetheAssistantSecretaryofLibertyMutualInsurance o
PPe Y, 9
oto Company,TheOhioCasualtyCompany,andWestAmericanInsuranceCompany,andthathe,assuch,beingauthorizedsotodo,executetheforegoinginstrumentforthepurposesToW 45y therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 0 E
IN WITNESS WHEREOF-
1: 3
I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written c Q . .00
r
COMMONWEALTH OF PENNSYLVANIA T
O Notarial Seal ---- y \ 0-C
v
i 1l0ec) / QQ a` froTeresa Pastella, Notary Public O t 1 t Upper Merton Twp.. Montgomery County By: 7 EC L
a / My Commission Expires March 28. 2021 en
eresa Pastella,NotaryPublic
cu'-- Member Pennsylvania Assouation of Notaries Cl- O co u) no
ThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityofthefollowingBy-lawsandAuthorizationsofTheOhioCasualtyInsuranceCompany, LibertyMutual
0. 0 Insurance Company, and West American Insurance Companywhich resolutions are now in full force and effect reading as follows: aa) ARTICLE IV- OFFICERS: Section 12. Power of Attorney. o, 4- I.-
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the- . n Presidentmayprescribe,shallappointsuchattorneys-in-fact,asmaybenecessarytoactinbehalfoftheCorporationtomake,execute,seal,acknowledgeanddeliverassurety > anyandallundertakings,bonds,recognizancesandothersuretyobligationsSuchattorneys-in-fact,subjecttothelimitationssetforthintheirrespectivepowersofattorney,shallaC t ' 5.
havefullpowertobindtheCorporationbytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCorporation. Whensoexecuted,suchE tv u instruments shall be as bindingas if signed bythe President and attested to bythe Secretary.Anypower or authorigranted to anyrepresentative or attorney- in- fact under the M Z v 9 ry ty 00
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority tCjCi ARTICLE XIII- Execution of Contracts: Section 5 Surety Bonds and Undertakings eQ AnyofficeroftheCompanyauthorizedforthatpurposeinwritingbythechairmanorthepresident,andsubjecttosuchlimitationsasthechairmanorthepresidentmayprescribe, l--', shallappointsuchattorneys-in-fact,as maybenecessaryto actin behalfoftheCompanyto make,execute,seal,acknowledgeanddeliverassuretyanyandallundertakings, bonds,recognizancesandothersuretyobligations.Suchattomeys-in-factsubjectto thelimitationssetforthintheirrespectivepowersof attorney,shallhavefullpowerto hindthe CompanybytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCompany.Whensoexecutedsuchinstrumentsshallbeasbindingasif signedby the presidentand attestedby the secretary.
Certificateof Designation-ThePresidentoftheCompany,actingpursuanttotheBylawsoftheCompany,authorizesDavidM.Carey,AssistantSecretarytoappointsuchattomeys-in- factasmaybenecessarytoactonbehalfoftheCompanytomake,execute,seal,acknowledgeanddeliverassuretyanyandallundertakings,bonds,recognizancesandothersurety obligations.
Authorization--ByunanimousconsentoftheCompany'sBoardofDirectors,theCompanyconsentsthatfacsimileormechanicallyreproducedsignatureofanyassistantsecretaryofthe Company,whereverappearinguponacertifiedcopyofanypowerofattorneyissuedbytheCompanyinconnectionwithsuretybonds,shallbevalidandbindingupontheCompanywith the sameforceand effectas thoughmanuallyaffixed.
I,ReneeC Llewellyn,theundersigned,AssistantSecretary,TheOhioCasualtyInsuranceCompany,LibertyMutualInsuranceCompany,andWestAmericanInsuranceCompanydo herebycertifythattheoriginalpowerofattorneyofwhichtheforegoingisafull,trueandcorrectcopyofthePowerofAttorneyexecutedbysaidCompanies,isinfullforceandeffectand has not been revoked. t 4
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this t- '-- t(--'
day of `- 141l.
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LMS- 12873 LMIC OCIC WAIC Multi Co_ 12119
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
1... `, G, , 1. 1;, f. it.-,-;,, tit). Y` tiY• tixti, ,,-,-, r v .. tii, t •.:,-,.. t:,';<' tiA-. 1 ' 1' ti: C,: 0ti., ctii' , sue; ii' ti K,` A.(' oc-,, Q,-,-..,-,-_ . 4.,% ti l,._ rr.
A notarypublicor otherofficercompletingthiscertificateverifiesonlytheidentityof theindividualwhosignedthe documenttowhichthiscertificateisattached,andnotthetruthfulness,accuracy,orvalidityofthatdocument.
State of California
County of Orange
On fore me, AntonioAlvarado,NotaryPublic
Date Here Insert Name and Title of the Officer
personally appeared Jessica Garcia
Name( s) of Signer( s)
whoprovedto meon thebasisof satisfactoryevidenceto bethe persor4s,)-whosenamefs)aare subscribedto the within instrument and acknowledged to me that he/ ie' hey executed the same in his/ el' their authorized capacity( ieej- and that by his/ their signature(}- un the instrumentthe persortfst, or the entity upon behalf of which the persoM4$ acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.
WITNESS my ha • nd officil seal.
r ANTONIOALVA? ADO j_
L Signat e Cam'441 Nof3ry public- Caiiforma
z\ r»
n Orange County igna • o votaryPublic
Comm s,on a 2221608
My Coma Expire: Nav 12,2021
Place Notary Seal Above
OPTIONAL
Thoughthis section is optional, completingthis informationcan deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer( s) Other Than Named Above:
Capacity( ies) Claimed by Signer( s)
Signer' s Name: Jessica Garcia Signer' s Name:
n Corporate Officer— Title( s):
0 Corporate Officer— Title( s):
n Partner— n Limited n General n Partner— _ J Limited Li General n Individual Attorney in Fact n Individual I Attorney in Fact n Trustee n Guardian or Conservator n Trustee Guardian or Conservator Other: Other:
Signer Is Representing: - 1 c C h,, G; Signer Is Representing:
CLLSV (
11410 -30 bY' rf)(iii
2014 National NotaryAssociation •www.NationalNotary.org• 1-800-US NOTARY( 1-800-876-6827) Item# 5907 LMS- 14067 12/ 14
Liberty Mutual. LibertyMutualSuretySURETY17771 Cowan, Suite 100• Irvine, California 92614•( 949) 263- 3300 www.libertymutualsurety.corrl
Executedin Triplicate
BOND NO. 024247169
160. 00
premium is for a
term of One
years).
MONUMENTATION BOND
FOR SUBDIVISIONS
KNOWALLMENBYTHESEPRESENTS,THATWHEREAS, ChinoPreserveDevelopmentCorporation hereinaftercalledSUBDIVIDER, isthedeveloperofthatcertainsubdivisionknownasTM20164Discovery Park( Block 4) andWHEREAS,allmonumentshavenotyetbeensetinthepositionsnotedintheproposedFinalSubdivisionMapforsaidsubdivision, NOW,THEREFORE,wethesubdividerasPrincipal,andtheTheOhioCasualtyInsuranceCompanyP 0 Box 34526 Seattle WA 98124 LegalTitleandAddressof Surety)
asSurety, areheldandfirmly bounduntothe CityofChino
in the sum of FortyThousandandNO/100
40, 000. 00
lawfulmoneyoftheUnitedStates, forthepaymentofwhichsumwellandtrulytobemade, webindourselves, ourheirs, executors, administrators, successors, orassigns, oranyoralloreitherofthem, shallfailtopayanyengineerorsurveyorforthesettingmonumentsinthepositionsnotedintheproposedFinalSubdivisionMapforsaidsubdivisioninaccordancewiththeprovisionsofGovernmentCodeSec. 66495et. seq., thensaidSuretywillpaythesameinanamountnotexceedingtheamounthereinabovesetforth.
ITISHEREBYEXPRESSLYSTIPULATEDANDAGREEDthatthisBondshallinsuretothebenefitofanyandallpersons,companies,andcorporationsentitledtofileclaimsagainstit,pursuanttoGovernmentCodeSec. 66497.
ShouldtheconditionofthisBondbefullyperformed, thenthisobligationshallbecomenullandvoid,otherwiseitshall beand remain in full force and effect.
AndthesaidSurety, forvaluereceived, herebystipulatesandagreesthatnochange, extensionoftime, alteration oradditiontothetermsoftheAgreementorContract, ortotheworktobeperformedthereunder, shallinanywayaffectitsobligationsontheBond,anditdoesherebywaivenoticeofanysuchchange, extensionoftime,alteration or addition to the terms of the Agreement or Contract.
INWITNESSWHEREOFthisInstrumenthasbeendulyexecutedbythePrincipalandSuretyabovenamedon July 23, 20 2020
Principal
Surety
Chino Preserve Development Corporation
TheOhioCasualtyInsuranceCompany
By:
By: See Attached Jessica Garcia
Attorney- In- Fact
1D- I416( CA)( 5/ 19)
Signature Page for Bond #: 024247169
CHINO PRESERVE DEVELOPMENT CORPORATION,
a California corporation
By:
Name: Br an Goodman
Its: Authori d Agent
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Bernardino _
On July 28, 2020 before me, Tanya K. Nesmith, Notary Public insert name and title of the officer)
personally appeared Bryan Goodman
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/ their authorized capacity( ies), and that by his/ her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. TANYA K. NESMITH Notary Public- California
te., /
San Bernardino County
Commission 5 2254448
My Comm. Expires Aug to, 2022
Signature ( i4' i G Seal)
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 1 t- cvl.'- K,-( xxx, 1y(. y. <-... -:,^ t,-+..<' 4,', c, . 1;, ti ,.: 2, tii.,-' ti., ti.,- nx',,: 4'<. tis_'-:. a, - 1...'‘„ i. tti< v` l.,:;< i Cn' Y% Gi, s"` 3-+_ t.:-- 1..:
A notarypublicor otherofficercompletingthiscertificateverifiesonlytheidentityof theindividualwhosignedthe documenttowhichthiscertificateisattached,andnotthetruthfulness,accuracy,orvalidityofthatdocument.
State of California
County of Orange
On / /- 1,3t i) efore me, Antonio Alvarado, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Jessica Garcia
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the person(}- whose narne( s) ' are subscribed to the within instrument and acknowledged to me that he/'/ they executed the same in hisOtheir authorized capacity( ias). and that by his/ heir signature(.- on the instrumentthe person(s), or the entity upon behalf of which the person( sOracted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.
WITNESS my ha • _-: official se.
Ati ON10ALVA.RADO
SignaNotaryPublic califomia g A _
OrangeCoL ty rof Notary Public
j2Cornmssor22O8 _
61yComm ExpiresNov?2. 2021
Place Notary Seal Above
OPTIONAL
Thoughthis sectionis optional, completingthis informationcan deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer( s) Other Than Named Above:
Capacity( ies) Claimed by Signer( s)
Signer' s Name: Jessica Garcia Signer' s Name:
n Corporate Officer— Title( s):
n Corporate Officer— Title( s):
0 Partner— n Limited General 0 Partner— n Limited n General n Individual Attorney in Fact n Individual n AttorneyinFact n Trustee ri Guardian or Conservator n Trustee n Guardianor Conservator Other: n Other:
Signer Is Representing: lv-N C (;: hll V Signer Is Representing:
2014 National NotaryAssociation •www.NationalNotary.org• 1-800-US NOTARY( 1-800-876-6827) Item# 5907 LMS- 14067 12/ 14
olow ThisPowerofAttorneylimitstheactsofthosenamedherein,andtheyhavenoauthorityto bind the Company except in the manner and to the extent herein stated.
Liberty Liberty Mutual Insurance Companyilk
PMutual® The Ohio Casualty Insurance Company Certificate No: 8203482- 000001 West American Insurance CompanySURETY
POWER OF ATTORNEY
KNOWNALLPERSONSBYTHESEPRESENTS:ThatTheOhioCasualtyInsuranceCompanyisacorporationdulyorganizedunderthelawsoftheStateofNewHampshire, that LibertyMutualInsuranceCompanyisacorporationdulyorganizedunderthelawsoftheStateofMassachusetts,andWestAmericanInsuranceCompanyisacorporationdulyorganized underthelawsoftheStateofIndiana(hereincollectivelycalledthe"Companies"),pursuanttoandbyauthorityhereinsetforth,doesherebyname,constituteandappoint, MariaI.visa R.Av,uinaldo,AntonioAlvarado,BrettD.Asmus,VictorA. Ballesteros,DebraBell,Janef. Block,ShirleyA. Campi,JorgeCorrea,MichaelJ.Forman,JessicaGarcia, SandraGaytan,BeckyGomez,VuHo,Jimflume,MaricelaLitres,BrianNgare,JennyT.Nguyen,RajanPatel,MariaG.Rodriguez-Wong,AlexSanchez,Gerald Schumacher,MichaelStein,EsmeraldaUreno,L.upeVillarreal, StevenC. White,AnthonyK.T. Yau all of the city of Orange state of CA eachindividuallyiftherebemorethanonenamed,itstrueandlawfulattorney-in-facttomake, execute,seal,acknowledgeanddeliver,forandonitsbehalfassuretyandasitsactanddeed,anyandallundertakings,bonds,recognizancesandothersuretyobligations,inpursuance ofthesepresentsandshallbeasbindingupontheCompaniesasiftheyhavebeendulysignedbythepresidentandattestedbythesecretaryoftheCompaniesintheirownproper persons
INWITNESSWHEREOF,thisPowerofAttorneyhasbeensubscribedbyanauthorizedofficerorofficialoftheCompaniesandthecorporatesealsoftheCompanieshavebeenaffixed thereto this 20th day of April , 2020
LibertyMutualInsuranceCompany
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Poo., y yJ oaPniiii, i, ` cy & pop, ti, West American Insurance Company m
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DavidM. Carey,AssistantSecretary
State of PENNSYLVANIAt`o c
CountyofMONTGOMERYss
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On this 20th dayof April , 2020 beforeme personallyappearedDavidM Care who acknowledgedhimselfto be the AssistantSecretaryof LibertyMutual Insuranceo PP Y, 9 H. to Company,TheOhioCasualtyCompany,andWestAmericanInsuranceCompany,andthathe,assuch,beingauthorizedsotodo,executetheforegoinginstrumentforthepurposesti U) a)_> therein contained by signing on behalf of the corporations by himself as a duly authorized officer. c° uJ o IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Kingof Prussia, Pennsylvania, on the day and year first above written. c ° o COMMONWEALTH OF PENNSYLVANIA V
OQy O t Notarial Seal
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yam®O O Teresa Pastella, Notary Public y'
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Upper Merlon Twp Montgomery County By; 1
My Commission Expires March 28, 2021 0 CO
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t}? ThisPowerof Attorneyis madeandexecutedpursuantto andby authorityof thefollowingBy-lawsandAuthorizationsof TheOhioCasualtyInsuranceCompany, LibertyMutual O•= Insurance Company,and West American Insurance Companywhich resolutions are now in full force and effect reading as follows: o aa) ar
w ARTICLE IV- OFFICERS: Section 12. Power of Attorney. 5 ioT.4.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the ro p 2 Res ( Presidentmayprescribe,shallappointsuchattorneys-in-fact,asmaybenecessarytoactinbehalfoftheCorporationtomake,execute,seal,acknowledgeanddeliverassurety7 any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys- in- fact, subject to the limitations set forth in their respective powers of attorney, shall. 0 o ` havefullpowertobindtheCorporationbytheirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCorporation. Whensoexecuted,suchEr,1 Z o instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney- in- fact under the go)
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. a ARTICLE XIII- Execution of Contracts: Section 5. Surety Bonds and Undertakings.
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AnyofficeroftheCompanyauthorizedforthatpurposeinwritingbythechairmanorthepresident,andsubjectto suchlimitationsasthechairmanorthepresidentmayprescnbe, I—',- shallappointsuchattorneys-in-fact,as maybenecessaryto actin behalfoftheCompanyto make,execute,seal,acknowledgeanddeliverassuretyanyandallundertakings, bonds,recognizancesandothersuretyobligations.Suchattorneys-in-factsubjecttothelimitationssetforthintheirrespectivepowersofattorney,shallhavefullpowertobindthe Companybytheirsignatureandexecutionof anysuchinstrumentsandtoattachtheretothesealoftheCompanyWhensoexecutedsuchinstrumentsshallbeasbindingasif signedby the presidentand attested by the secretary.
Certificateof Designation-ThePresidentoftheCompany,actingpursuanttotheBylawsoftheCompany,authorizesDavidM.Carey,AssistantSecretarytoappointsuchattorneys-in- factasmaybenecessarytoactonbehalfoftheCompanytomake,execute,seal,acknowledgeanddeliverassuretyanyandall undertakings,bonds,recognizancesandothersurety obligations
Authorization-ByunanimousconsentoftheCompany's Boardof Directors,theCompanyconsentsthatfacsimileormechanicallyreproducedsignatureofanyassistantsecretaryofthe Company,whereverappearinguponacertifiedcopyofanypowerof attorneyissuedbytheCompanyinconnectionwithsuretybonds,shallbevalidandbindingupontheCompanywith thesameforce andeffectas thoughmanuallyaffixed.
I,ReneeC. Llewellyn,theundersigned,AssistantSecretary,TheOhioCasualtyInsuranceCompany,LibertyMutualInsuranceCompany,andWestAmericanInsuranceCompanydo herebycertifythat the originalpowerof attorneyof whichthe foregoingis a full, true and correctcopyof the Powerof Attorney executedby said Companies,is in full force and effectand has not been revoked.
t
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r ,IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this . 1 lay of r __
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LMS- 12873 LMIC OCIC WAIC Multi Co 12/ 19
9. 13
MEMORANDUM
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: JULY 21, 2020
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR SUBJECT: CHINO DEVELOPMENT PRESERVE CORPORATION BLOCK 4 PROJECT - FINAL TRACT MAP NO. 20164.
RECOMMENDATION
1) Approve Covenant Agreement for Prepayment of Development Impact Fees; 2) approve Tract Map No. 20164; 2) approve the Subdivision Improvement Agreement and securities with Chino Preserve Development Corporation ( CPDC); 3) approve a reimbursement agreement with CPDC for public improvements related to Tract Map No. 20164 for a not to exceed amount of $ 630,878; and 4) and authorize the City Manager to execute the necessary documents on behalf of the City.
FISCAL IMPACT
The prepayment of Development Impact Fees will adhere to the requirements set forth in the Covenant Agreement which are contingent upon the issuance of building permits, which will provide working capital for the current design and permitting activities the City is undertaking.
DIF credits issued to the developer through the duration of the project will be deducted from the actual project costs once the final cost accountinghas been reviewed and approved by the City Engineer. Upon the final acceptance of the public improvements by the City Council, staff will continue to monitor the fund balance in the appropriate Development Impact Fee Fund and begin making progress payments to the developer until the terms of the Credit/Reimbursement Agreement are fulfilled. Each progress payment will require an appropriation of funds and therefore, each payment will be brought back to the City Council for approval. These arrangements result in no net impact to the General Fund.
Revenue: Expenditure:
Transfer In: Transfer Out:
CONSENT CALENDAR Packet Pg. 195
9. 13
COUNCIL MEETING DATE: JULY 21, 2020
SUBJECT: CHINODEVELOPMENTPRESERVECORPORATIONBLOCK4 PROJECT - FINAL TRACT MAP NO. 20164
PAGE 2
BACKGROUND
On August 5, 2019, the Planning Commissionapproved Chino Preserve Development Corporation's applicationforPL18-0012 (MasterSiteApproval) andPL18-0013 (TentativeTract MapNo. 20164) an "A" levelmasterplanandsubdivisionforconveyancepurposesofa54.78 grossacre (55.86adjustedgrossacres) projectsiteforthedevelopmentof388residentialunits atanoveralldensityof6.95dwellingunitsperacreintheLDR (LowDensityResidential) land use designation. This projectis generallylocatedsouthof PineAvenue, westof Hellman Avenue, andnorthandeastof ChinoCoronaRoadforwhatisknownastheSouthofPinearea in The Preserve Specific Plan ( Exhibit 1).
As part of the Engineering Conditions of Approval ( COA), the developer is required to design andconstructcertainpublicimprovementsexpandingon theexistingbackboneinfrastructure including, butnotlimitedto: potableandrecycledwaterlines; full streetimprovements; storm drainimprovements, trafficsignalupgrades, andotherinfrastructure. Thealteredorconstructed publicimprovementsshallcomplywithaccessibilityrequirementsat the timeof their constructionand will be reviewed by Council prior to project acceptance.
Therequiredpublicimprovementsnecessitatetheexecutionof a subdivisionimprovement agreementand the postingof securitiesto ensurethe timely deliveryof said public improvements. Additionally, someof the requiredpublicimprovementsare master-planned facilities, which are includedin the City's DevelopmentImpact Fee and Nexus Calculation Report and correlating Master Facilities Plan (" Report"). Public facilities included in the Report are eligiblefor DevelopmentImpactFee (DIF) credit/reimbursementper the City's Municipal Code Chapter 3. 45.
ISSUES/ ANALYSIS
TheCityconditionsdevelopmentprojectsadjacentto PineAvenueto dedicatethe necessary rights-of-wayandto designandconstructportionsoftheinterimand/or ultimateimprovements requiredfor the build-out of PineAvenue. Althoughthis has advancedsome of the required construction, theCitytooktheleadto completetheplanning, designandconstructionof said improvements.
TheCOAfor this Projectrequiresthedeveloperto constructthe phasedimprovementson Pine Avenue, acquireright-of-way, andagreeto pre-payStormDrainandCirculationDIFtofundthe ultimate Pine Avenue improvements, including design and permitting activities currently underwaybytheCity. Thisis necessaryto continueto allowforresidentialandcommercial developmentin The Preservewhilethe PineAvenueimprovementsare properlyphased, and thelengthypermittingprocessesthroughOrangeCountyFloodControl, Caltrans, andtheArmy Corpsof Engineerscan be completed. The commencementof the nextphaseof PineAvenue improvements is next spring, as Merrill, Kimball, and Bickmore Avenues will all be under constructionat differentpointsthroughthis winter, and the City needsto logicallyphasethis construction to ensure traffic in the area flows well.
The requirementsmadeat the time of the TentativeMapand Site Approvalare metwith the execution of a Subdivision Improvement Agreement and securities. Additionally, upon completion (bythedeveloper) ofanyofthemaster-plannedfacilitiesincludedintheReport, the City Engineer will review the final accepted/ approved " as- built" plans, specifications and supportingdocumentationandwilldeterminewhatcostsareeligibleforreimbursement. There
CONSENT CALENDAR
Packet Pg. 196
9. 13
COUNCIL MEETING DATE: JULY 21, 2020
SUBJECT: CHINO DEVELOPMENT PRESERVE CORPORATION BLOCK 4 PROJECT - FINAL TRACT MAP NO. 20164
PAGE 3
may be a possibility that the eligible costs approved by the City Engineer exceed the original estimate. If that is the case, City staff may include the updated costs for the project in an annual update to the Nexus Report. Additionally, once the final cost accounting is approved, staff will bring back to the City Council an action to appropriate funds to make progress payments to the Developer until the terms of the agreement are fulfilled.
The recommended action includes approval of a Covenant Agreement for Prepayment of Development Impact Fees. The terms of that agreement allow the developer to prepay the DIFs for Storm Drainage Collection System Facilities and Circulation ( streets, signals and bridges) and lock in those DIF amounts applicable at the time of payment rather than at the time typically due when securing building permits for the residential units, with no deadline for the developer to construct the applicable units. In exchange, the City receives the up front payments and can begin to use such funds for purposes consistent with the Report rather than await future payment.
Attachments: Exhibit 1 - Location Map
Exhibit 2 - Covenant Agreement for Prepayment of Development Impact Fees Exhibit 3 - Subdivision Improvement Agreement
Exhibit 4 - Construction Reimbursement Agreement
CONSENT CALENDAR Packet Pg. 197
CERTIFICATE
OF
EXECUTIVE VICE PRESIDENT/ CHIEF FINANCIAL OFFICER
OF
CHINO DEVELOPMENT CORPORATION
The undersigned hereby certifies the following:
1. The document attached to this certificationis a true and redacted copy of a resolution adopted by Unanimous Written Consent of the Board of Directors of Chino Development Corporation, effective as of September 12, 2003, and the same has not been revoked, modified, or amended with respect to the matters for which this Certificate has been requested; and
2. I, John M. Goodman, Executive Vice President/ Chief Financial Officer of Chino DevelopmentCorporation, (the" Corporation") certifythat, as of the date of this Certificate, the individual named below holds office with the. Corporation set forth beside his name and the signature beside the name of the individual is the true signature of that individual.
Signat Name Office Held
Bryan T. Goodman Senior Vice President
Ce ' led 07/ 28/ 2020
Jo . Goodman
utive Vice President/ CFO, of Chino
Development Corporation
a California Corporation
f 1
UNANIMOUS WRITTEN CONSENT
OF THE
BOARD OF DIRECTORS OF
CHINO DEVELOPMENT CORPORATION
A CALIFORNIA CORPORATION
TheundersignedDirectorsof ChinoDevelopmentCorporation,a Californiacorporation the" Corporation"), haveconsentedtotakingtheblowingactionsandadoptingthe followingresolutionspursuantto Section307(b)oftheCaliforniaCorporationsCodeand Section 3.11 of Article 3 of the Bylaws of the corporation:
i
REDACTED)
NOW THEREFORE BE IT RESOLVED that Richard A. Lewis, Corporate President, Robert E Lewis, Executive Vice President, Roger G. Lewis, Executive Vice President/AssistantSecretary, RandallW. Lewis, ExecutiveVicePresident, JohnM.
Goodman, SeniorVice President/Chief FinancialOfficer,or David R. Lewis,Vice President individually,a° Senior Officer" andcollectively,the"Senior Officers") eachone acting alone be, and each one acting alone hereby is, authorizedand empowered to act for and on behalfof andin the nameof theCorporationas its corporateactanddeed, in connectionwithANYANDALLOFthebusinessactivitiesoftheCorporationincluding, without limitation: (1) to negotiate and enter into acquisition, development, construction, marketing, and sale or lease agreementsfor the acquisition,development, construction, marketing,andsaleor leasingof realpropertyinconnectionwithsuchbusinessactivities; 2)to amendany such acquisition, development, construction, marketing, and sale or leaseagreementsto betterreflectthe understandingof the parties; (3)to appearbefore governmental and quasi-governmental bodies, boards, and agencies to obtain governmental permits and other approvals In connectionwith the business activitiesof the 1 Corporation; (4)to negotiateand enterintoconstructionandpermanentloansand loan commitments and agreements ( collectively, " Loans") to be secured by specifically CDC: COMPREHENSIVE RESOLUTION 1- September 12, 2003
designatedrealproperty("RealProperty)oftheCorporationwithinstitutionallenders t ( collectively, " Lenders") such as banks, savings and loan associations; insurance companies,stateandfederalagencies,andthelike;(5)to executeanddeliverto Lenders suchnotesor otherevidencesof indebtednessof theCorporationfor such Loans,as a particularLendermayrequire,andto executeanddeliver,fromtimeto time,renewalsor extensionsof suchnotesorotherevidencesofIndebtedness; (6)to granta security interestin, transfer, orotherwisehypothecateordeedintrustfora particularLender's benefitanddeliverbysuchinstrumentsinwritingorotherwiseasmaybedemandedby theLender, the RealPropertyandanyoftheotherrealor personalpropertyof the CorporationusedinconnectionwiththeRealPropertyasmayberequiredbytheLender to securethe paymentof any notesor otherindebtednessof the Corporationto the Lender,(7)to amendanysuchnotes,deedsoftrust,or otheragreementsto reflectbetter theunderstandingof the parties; (8)to performallotheractsandexecuteand deliverall otherinstrumentswhichanySeniorOfficeractingalonemaydeemnecessaryto carryout thepurposesoftheresolutionssetforthinthisUnanimousConsentand (9)to perform, acting alone, each of the specific actions described in the resolution entitled ComprehensiveAuthorization",as suchresolutionis eithersetforth belowor adopted atsomelatertime,inthename,andforandonbehalfoftheCorporation;moreover,any SeniorOfficermay,inexecutinganydocumentsorintakinganyactionsasauthorizedby thissection,identifyhimselfor herselfby hisor herthencurrentcorporatetitle or as an AuthorizedAgent" and any SeniorOfficerdesignatedin this sectionas an Authorized Agentmaydelegateto another:andisauthorizedandempoweredto substituteanotherfor himselforherself,withfullpowersInsuchsubstitutionto actInhisor hersteadin thesame manneras if such delegate had been namedhereinas an AuthorizedAgent BEITFURTHERRESOLVEDthatthesignatureofanysingleSeniorOfficeronany acquisitionagreement, developmentagreement, constructionagreement, marketing agreement, sale or lease agreement, or other instrumentor agreementexecutedin connectionwiththe businessaffairsoftheCorporationshallconclusivelybedeemedto'be evidence of his or her approval on behalf of the Corporation, of such acquisition agreement,developmentagreement,constructionagreement,marketingagreement,sale or lease agreement or other instrument or agreement~
REDACTED)
CDC: COMPREHENSIVE RESOLUTION 2- September 12 2003
REDACTED)
J
COC: COMPREHENSIVE RESOLUTION 3- September 12, 2003 i
REDACTED)
i
CDC: COMPREHENSIVE RESOLUTION 4- September 12, 2003
i I
I
I
REDACTED)
ThisUnanimousWrittenConsentmaybeexecutedbytheseveralmembersoftheBoard of Directorsin multiplecounterparts. All of thecounterparts,or signedsignaturepages thereof attached to one counterpart, shaft constitute the appropriate approval of this 1 Unanimous Written Consent and shall be filed in the Book Min of the Corporation.• This Unanimous, w;'
1= n Consent is executed to ptember 12, 2003.
Richrd A. L-
Robert E. Lewis ail W. Lewis
J.
0 M. Goodman
CDC: COMPREHENSIVE RESOLUTION 5- September 12, 2003