Agenda packet — Chino City Council, October 6, 2026 (part 2 of 3)

EXHIBIT "A"
167
B-1
EXHIBIT “B”

DEPICTION OF PROPERTY
(See Attached)
168
Benson Ave
Amarillo Ave
Daniels St
Freedom Dr
Soestern Ct
Waco St
Oaks Ave
APN: 102121105
APN: 102121102
APN: 102112105
ProjectBoundary
Parcel Boundary
0 110 220 n Feet Date: 5/6/2026 User: shanson-mckenzie Path: Z:\Projects\j1565700\j1565718 - Dirac\MAPDOC\Section 15183 Exemption\Dirac.aprx Map: Project Location Layout: Figure 1-1 Project Location SOURCE: San Bernardino County 2025; ESRI Aerial Imagery (accessed 2026) Dirac BESS Project
Project Location
FIGURE 1-1
169
C-1
EXHIBIT “C”

PROJECT DESCRIPTION
Developer shall construct, operate, and eventually decommission the up to 400-megawatt (MW) Dirac Battery Energy Storage System (BESS) Project located on up to approximately 13.89 acres on the Property in the City of Chino. The Project is comprised of three Assessor Parcel Numbers (APNs 1021-121-05, 1021-211-02, and 1021-211-05) and currently supports industrial buildings and paved hardscape that would be demolished as part of construction. The Property is located immediately north of the existing Southern California Edison (SCE)-owned and operated Chino Substation (SCE Chino Substation) and is accessible from Benson Avenue and Oaks Avenue.

The primary components of the Project include a containerized BESS facility utilizing lithiumiron phosphate cells, or similar technology, an operations and maintenance (O&M) building, emergency facilities, an on-site Project substation, a 230-kilovolt (kV) generation interconnection (gen-tie) transmission line, and interconnection facilities within the existing SCE Chino Substation. Associated site improvements would include, but are not limited to, internal and perimeter access roads, parking areas, perimeter wall, stormwater detention facilities, utility connections, landscaping, exterior lighting, and telecommunications facilities.

The Project would provide electrical grid services by charging during periods of low demand and discharging during periods of peak demand, as well as providing ancillary services such as frequency response and regulation. These functions would support the integration of renewable energy resources, reduce reliance on fossil-fuel generation, and enhance local and regional grid reliability. The Project would be available to receive or deliver energy 24 hours per day, 365 days per year and has the capacity to provide 8 hours of electricity to approximately 300,000 single family homes. During operation, qualified locally based technicians would conduct regular inspections and maintenance to ensure safe and reliable performance. 170
01225.0080 2122441.9 2
EXHIBIT “D”

DEVELOPMENT PLANS
(See Attached)
171
DRAWING NO. REVIEWED BY: CHECKED BY: SCALE: DATE: REVISION NO. DRAWN BY: DESIGNED BY: PROJECT NO. DRAWING TITLE 251511 04/08/2026 DIRAC BESS 13925 BENSON AVE, CHINO, CA 91710 CITY OF CHINO www.coffman.com ph 818.698.8448 6320 Canoga Avenue, Suite 1300 Woodland Hills, CA 91367 NO. DATE DESCRIPTION BY REVISIONS PRELIMINARY NOT FOR CONSTRUCTION 04/08/2026 CUP RESUBMITTAL CEI G1.0 COVER SHEET 1" = 1000' VICINITY MAP PROJECT DESCRIPTION: THE PROJECT WILL BE A REDEVELOPMENT OF AN EXISTING INDUSTRIAL SITE. IT FEATURES CONSTRUCTION OF OUTDOOR BATTERY ENERGY STORAGE SYSTEMS (BESS), COMPRISED OF 564 BESS ENCLOSURES FED BY 98 POWER CONVERSION SYSTEMS (PCS), ALL CONNECTED TO A NEW SUBSTATION YARD THROUGH UNDERGROUND DUCTBANKS. THE SCOPE OF WORK ALSO CAPTURES CIVIL ENGINEERED SITE GRADING/DRAINAGE, LANDSCAPE DESIGN, AND FIRE ACCESS ROADS TO COMPLY WITH CITY OF CHINO CODES AND ORDINANCES. CIVIL: COFFMAN ENGINEERS, INC. 1455 FRAZEE RD, SUITE 600 SAN DIEGO, CA 92108 (619) 232-4673 CONTACT: JON ARENZ [email protected] ELECTRICAL: COFFMAN ENGINEERS, INC. 1101 2ND AVE, SUITE 400 SEATTLE, WA 98101 (206) 623-0717 CONTACT: CHRIS BARKER [email protected] 13925 BENSON AVENUE CHINO, CA 91710 LEGAL DESCRIPTION: APN: 1021-121-05-0000, 1021-211-02-6000, 1021-211-05-0000 PARCELS 2 AND 3 OF PARCEL MAP NO. 2272 ALONG WITH LOT 24, SECTION 13, TOWNSHIP 2 SOUTH, RANGE 8 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CHINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA. PROJECT TEAM: APPLICANT: AYPA POWER 11801 DOMAIN BLVD, SUITE 450 AUSTIN, TX 78758 CONTACT: GEOFF FORNER [email protected] FIRE PROTECTION: COFFMAN ENGINEERS, INC. 751 OSTERMAN DR, SUITE 104 BOZEMAN, MT 59715 (406) 582-1936 CONTACT: JAKE REIDELBACH [email protected] SHEET INDEX DWG. # TITLE NOTE G1.0 COVER SHEET C1.0 EXISTING CONDITIONS C3.0 PRELIMINARY SITE PLAN KEY MAP C3.1 PRELIMINARY CIVIL SITE PLAN C3.2 PRELIMINARY CIVIL SITE PLAN C4.0 PRELIMINARY GRADING PLAN KEY MAP C4.1 PRELIMINARY GRADING PLAN C4.2 PRELIMINARY GRADING PLAN C5.0 PRELIMINARY DRAINAGE PLAN KEY MAP C5.1 PRELIMINARY DRAINAGE PLAN C5.2 PRELIMINARY DRAINAGE PLAN E0.1 LUMINAIRE SCHEDULE E0.2 CUT SHEETS AYPA DIRAC BESS MWT MWT AM 1000 500 1000 2000 SCALE: FEET 0 1 INCH = 1000 CENTRAL AVE SITE 71

PIPELINE AVE EDISON AVE EUCALYPTUS AVE SCHAEFER AVE

OAKS AVE

BENSON AVE
12TH ST DANIELS ST

YORBA AVE
RAMONA AVE E1.2 PHOTOMETRIC PLAN E5.1 ONE-LINE DIAGRAM E5.2 ONE-LINE DIAGRAM FMP FIRE MASTER PLAN 1" = 1000' C3.3 PRELIMINARY CIVIL SITE PLAN C6.0 PRELIMINARY UTILITY PLAN KEY MAP C6.1 PRELIMINARY UTILITY PLAN C6.2 PRELIMINARY UTILITY PLAN E1.1 ELECTRICAL SITE PLAN C7.0 PRELIMINARY FENCING KEY MAP C7.1 PRELIMINARY FENCING PLAN C7.2 PRELIMINARY FENCING PLAN C7.3 PRELIMINARY FENCING DETAILS C8.0 PUBLIC IMPROVEMENT KEY MAP C8.1 PUBLIC IMPROVEMENT PLAN C8.2 PUBLIC IMPROVEMENT PLAN C8.3 PUBLIC IMPROVEMENT PLAN C9.0 TRUCK TURN ANALYSIS 172
6'
23 PARKING SPACES
13 PARKING SPACES
6 PARKING SPACES 4 PARKING SPACES 22 PARKING SPACES 319.4' 118.7' 319.4'
120.1' E 13925 BENSON AVENUE FOOTPRINT AREA = 38,143 SQUARE FEET 1 STORY CORRUGATE METAL HEIGHT = 35' B.H.L. 140.0' 124.2' 168.5'217.1' SEWER MANHOLE PARKWAY DRAIN CATCH BASIN W/ STORM DRAIN INLET COMMUNICATIONS PB WATER METER WATER VALVE ELECTRIC VAULT COMMUNICATIONS VAULT BW (W. FACE, 9.9' E. OF R.W.) BW (W. FACE, 9.9' E. OF R.W.) EXISTING R.W. 46.6' 22.4' 46.6' 22.4'1,043 S.F. WOOD MODULAR BLD HEIGHT = 12' 90.1' 90.2' 29.8'

30.4' 2,714 S.F. CORRUGATE METAL BUILDING HEIGHT = 18' B.H.L. B.H.L.

WOOD MODULAR BUILDING
(8.6' N. OF P.L.) COMMUNICATIONS PB

UTILITY CABINET CHAIN LINK FENCE
(1.4' N. OF P.L.) CHAIN LINK FENCE
(1.1' S. OF P.L.)

WATER SPIGOT

WROUGHT IRON FENCE
(1.0' N. OF P.L.)

CORRUGATE METAL BUILDING
(8.0' N. OF P.L.) WATER RISER

CHAIN LINK FENCE
(1.1' S. OF P.L.) CHAIN LINK FENCE
(0.6' N. OF P.L.) WATER SPIGOT 23.2' BW (E. FACE, 0.2' W. OF P.L.) BW (W. FACE, 0.1' W. OF P.L.) WATER SPIGOT CHAIN LINK FENCE (0.3' W. OF P.L.) BW (W. FACE, 0.2' W. OF P.L.) BW (E. FACE, 0.4' W. OF P.L.) CHAIN LINK FENCE (ON P.L.) BW (N. END ON P.L.) WATER VALVE BW (N. END, 0.6' N. OF P.L.) CHAIN LINK FENCE (0.4' N. OF P.L.)

BUILDING
(5.5' N. OF P.L.)
BW (S. FACE, 0.4' N. OF P.L.) CHAIN LINK FENCE

0.2' S. OF P.L.)
BW (S. FACE, 0.3' N. OF P.L.) WATER VALVE WATER VALVE FIRE HYDRANT WATER METER WATER SPIGOT POWER POLE, NO LINES TRAFFIC SIGN (TYP) SEPTIC TANK ACCESS LIDS SEPTIC TANK CO PPT UC WS SC WS ET CNP (TYP) CNP CG OH (TYP) WIF ~PAVEMENT~ ~PAVEMENT~ ~PAVEMENT~ ~PAVEMENT~ ~PAVEMENT~ ~PAVEMENT~ ~DIRT~ ~DIRT~ ~DIRT~ E E E E E E E CL 33' 33' ACCESS DANIELS STREET CL 677.74 TC 677.06 FL 678.26 TC 677.64 FL 677.72 EG 678.53 TC 677.93 FL 677.97 EG 677.65 TC 678.04 FL 678.14 EG 678.92 TC 678.30 FL 678.38 EG 679.17 TC 678.53 FL 678.55 EG 679.80 TC 679.13 FL 679.20 EG 680.00 TC 679.37 FL 679.45 EG 680.35 TC 679.75 FL 679.79 EG 680.78 TC 680.18 FL 680.24 EG 681.23 TC 680.59 FL 680.69 EG 681.59 TC 680.96 FL 681.04 EG 682.09 TC 681.43 FL 681.53 EG 682.61 TC 681.68 FL 682.00 EG 681.38 FL 682.99 TC 682.09 FL 683.02 TC 682.16 FL 682.54 TC 0" 682.51 FL
677.23 EG
678.19 TC 677.49 FL 677.65 EG
678.43 TC 677.77 FL 677.86 EG678.65 TC 677.97 FL 678.15 EG 678.87 TC 678.18 FL 678.35 EG
679.20 TC 678.52 FL 678.65 EG
679.72 TC 679.03 FL
679.35 FL 679.50 EG
680.23 FL 680.32 EG
680.65 TC 679.91 FL
680.45 TC 679.76 FL 678.88 EG
681.30 TC 680.97 FL 680.77 EG
681.82 TC 681.31 FL 681.31 EG
681.75 FL
682.16 FL BFD BFD 680 CNP CNP CNP CNP CNP SCO 682.62 RIM 676.14 IE IN 676.08 IE OUT 676.20 SMH RIM 669.62 IE IN
669.04 IE OUT
676.20 SMH RIM 669.62 IE IN
669.04 IE OUT 486.8' 454.7'
120.0'
100.1' 32.0' 19.9' 13822 OAKS AVENUE 1 STORY CONCRETE TILT-UP FOOTPRINT AREA: 57,774 S.F.± HEIGHT = 20.5'± B.H.L. DI SCALE 36 PARKING SPACES 10 PARKING SPACES 14 PARKING SPACES
6 PARKING SPACES 3 P. S.
10 PARKING SPACES
14 PARKING SPACES

59.8'

59.9' 81.0' 63.0'
183.0' LOADING RAMP GM BFD 1 P.S. SNSN WS ET SMH US SCO FHWV WSPROPANE TANK FH WV FSA STAIRS COLUMN (TYP) OH (TYP) METAL SCREEN WALLPAINT ROOM RAMP CONTAINER DI ET ET EB PUMP AC TANK TANK PUMP CONCRETE PADS 101.5' 101.5' 41.7'

41.7' ACCESSORY BUILDING 1 STORY CORRUGATE METAL FOOTPRINT AREA: 4,226 S.F.± HEIGHT = 22.6'± WS DI DI DI DI SCO UB TELEPHONE PB COMMUNICATIONS PB ACCESS ACCESS ACCESS STREET LIGHT SEWER MH FIRE HYDRANT WATER VALVE WATER METER BACK FLOW DEVICE WATER VALVE PIV FDC SEWER MH WATER VALVE STREET LIGHT WATER VALVE FIRE HYDRANT WATER VALVE WATER VALVE WATER VALVE CONCRETE CURB W/ GUTTER (TYP) SIGN SIGN SIGN BOARD (2.0' E. OF P.L.)

CHAIN LINK FENCE
(0.2' S. OF P.L.) BW (S. FACE, 0.5' N. OF P.L.)

CONCRETE GUTTER

CHAIN LINK FENCE
(0.3' S. OF P.L.) BW (N. FACE, 0.1' S. OF P.L.) BW (S. FACE, 0.4' N. OF P.L.)

CHAIN LINK FENCE
(0.8' N. OF P.L.) CHAIN LINK FENCE (ON P.L.) BW (E. FACE, 0.5' W. OF P.L.) OVERHANG (1.3' W. OF P.L.) OVERHANG (1.3' W. OF P.L.) FIRE HYDRANT GUARD POLE (TYP) LIGHT POLE TRASH ENCLOSURE (3.9' W. OF P.L.) BW (SE. CORNER (0.5' W. OF P.L.) CHAIN LINK FENCE (0.2' W. OF P.L.) CHAIN LINK FENCE (ON P.L.) OVERHANG (0.9' W. OF P.L.) BW (E. FACE (0.4' W. OF P.L.) BW (E. FACE (0.4' W. OF P.L.) 19.4'

19.8'
BW (N. FACE, 0.5' S. OF P.L.)

CONCRETE PAD
BW (N. FACE, 1.2' S. OF P.L.) CLF (.S. END, 1.2' S. OF P.L.) CHAIN LINK FENCE (0.6' N. OF P.L.)
WIF (N. END, 0.4' N. OF P.L.)

SIGN WATER VALVE

FIRE HYDRANT CHAIN LINK FENCE
(0.4' N. OF P.L.) BW (S. FACE, 0.5' N. OF P.L.) TELEPHONE VAULT SIGN
PIV
FDC WATER VAULT ~CONCRETE~ ~CONCRETE~ ~CONCRETE~ ~CONCRETE~ ~CONCRETE~ ~CONCRETE~ ~DIRT~ ~DIRT~ MODULAR BUILDING
OAKS AVENUE 60' CL GP (TYP) WS WV SCO EB EB 685.63 FS 685.93 TP 685.66 FS 685.94 TP 685.73 FS 686.00 TP 685.53 FS 685.83 TP 684.43 TC 684.00 FL 683.92 EG
684.78 TC 684.14 FL 684.25 EG 684.26 TC
684.54 TC 685.11 TC 684.47 FL 683.59 EG
685.52 TC 684.86 FL 684.96 EG
685.94 TC 685.33 FL 685.42 EG
686.20 TC 685.57 FL 685.65 EG 685.71 TC
685.99 TC 686.64 TC 685.99 FL 686.11 EG
687.03 TC 686.37 FL 686.49 EG
687.82 TC 687.09 FL 687.22 EG
688.15 TC 687.43 FL 687.59 EG 687.58 TC
687.93 TC 688.61 TC 687.90 FL 688.04 EG
688.73 TC 688.11 FL 688.16 EG
689.18 TC 688.53 FL 688.66 EG
685.87 TC 685.44 FS 685.65 TC 685.14 FS 685.52 TC 685.05 FS 685.43 TC 684.94 FS 684.76 TC
685.88 TC 685.53 FS
686.05 TC 685.53 FS
686.06 TC 685.70 FS
686.00 TC 685.55 FS 686.48 TC 686.02 FS
685.61 TC 685.43 FS 685.79 TC 685.59 FS
685.66 TC 685.24 FS
685.79 TC 685.50 FS
686.39 TC 685.88 FS
685.91 TC 685.46 FS
687.65 TC 687.19 FS 687.12 TC 686.68 FS
686.66 TC 686.29 FS686.26 TC 685.97 FS
686.55 TC 686.15 FS686.28 TC 685.97 FS686.63 TC 686.19 FS 686.76 TC 686.52 FS 686.70 TC 686.28 FS 687.82 TC 687.73 FS 687.73 TC 687.68 FS 686.80 TC 686.43 FS 686.93 TC 686.38 FS
687.24 TC 686.92 FS
687.00 TC 686.51 FS 686.99 TC 686.55 FS 687.59 TC 687.14 FS 687.19 TC 686.79 FS 686.29 TC 685.96 FS
686.96 TC 686.47 FS
686.78 TC 686.52 FS
685.21 TC
687.29 TC 686.84 FS
687.54 TC 687.08 FS
687.82 TC 687.67 FS 687.03 TC 686.58 FS
688.10 TC 687.59 FS
689.27 TC 689.04 FS 689.19 TC 687.86 FS 689.29 TC 688.79 FS 689.21 TC 689.13 FS 688.28 TC 687.96 FS 688.20 TC 687.87 FS 688.96 TC 688.55 FS 687.13 TC 686.73 FS 688.67 TC 688.28 FS 685 688 687 686 685 GUARD RAIL B.H.L. CONCRETE GUTTER CONCRETE GUTTER TELEPHONE RISER TREE (TYP) 680681 682683 683 682683 684 682 683 682 681 684 685 686 687 686 687 687 686 687 687 688 688 688 688 690 688 686 684 S 6' EXISTING SCE EASEMENT TO BE VACATED BOOK 7750, PAGE 372, O.R.

BENSON AVE. RECORD OWNER: EQUIPMENT VALLEY INVESTMENTS LLC APN: 1021-211-06-0000 OAKS AVE. CL CL CL CL DANIELS ST. EXISTING SCE EASEMENT TO BE VACATED BOOK 9839, PAGE 1985 RECORD OWNER: REXFORD INDUSTRIAL 13925 BENSON LLC APN: 1021-211-02-6000 RECORD OWNER: FREWING PROPERTIES SOESTERN LLC APN: 1021-121-11-0000 RECORD OWNER: FURCOLOW MARIA MARGARET TRUST ELBERTSE TRUST /96 APN: 1021-121-07-0000 RECORD OWNER: SHEA CENTER CHINO LLC APN: 1021-121-05-0000 RECORD OWNER: HELMAR INDUSTRIAL PROPERTIES LLC APN: 1021-211-05-0000 RECORD OWNER: SOUTHERN CALIFORNIA EDISON COMPANY APN: 1021-211-01-0000

R/W R/W
R/W
R/W
R/W
R/W
R/W WATER METER AND LINE TO BE ABANDONED PER CITY OF CHINO STD NO. 425 WATER METER AND LINE TO BE ABANDONED PER CITY OF CHINO STD NO. 425 WATER METER AND LINE TO BE ABANDONED PER CITY OF CHINO STD NO. 425 EXISTING HYDRANT SHALL BE SALVAGED AND RETURNED TO THE CITY OF CHINO AND COORDINATED WITH THE CITY OF CHINO WATER DIVISION. FIRE WATER LINE TO BE ABANDONED DRAWING NO. REVIEWED BY: CHECKED BY: SCALE: DATE: REVISION NO. DRAWN BY: DESIGNED BY: PROJECT NO. DRAWING TITLE 251511 04/08/2026 DIRAC BESS 13925 BENSON AVE, CHINO, CA 91710 CITY OF CHINO www.coffman.com ph 818.698.8448 6320 Canoga Avenue, Suite 1300 Woodland Hills, CA 91367 NO. DATE DESCRIPTION BY REVISIONS PRELIMINARY NOT FOR CONSTRUCTION 04/08/2026 CUP RESUBMITTAL CEI EXISTING CONDITIONS 60 30 60 120 SCALE: FEET 0 1 INCH = 60 C1.0 1" = 60' MWT JK MWT JRA AC ASPHALT CONCRETE BLDG BUILDING CO CLEANOUT DI DROP INLET E ELECTRICAL (E) / EX EXISTING FF FINISH FLOOR ELEVATION FG FINISHED GRADE FS FINISHED SURFACE FW FIRE WATER SERVICE GB GRADE BREAK INV INVERT (N) NEW ROW RIGHT OF WAY S SLOPE SCE SOUTHERN CALIFORNIA EDISON SD STORM DRAIN/PROCESS WASTE SDMH STORM DRAIN MANHOLE SWR SEWER TEL TELEPHONE TG TOP OF GRATE TYP TYPICAL WTR WATER ABBREVIATIONS LEGEND EX. ELECTRICAL LINE EX. FENCE EX. STORM DRAIN MAIN EX. TELEPHONE LINE EX. WATER MAIN EX. SEWER MAIN STREET CENTERLINE PROPERTY LINE/PROJECT BOUNDARY OFFSITE LOT LINE RIGHT-OF-WAY EASEMENT LINE SETBACK LINE R/W 173
M M M
BW (N. END, 0.6' N. OF P.L.) CHAIN LINK FENCE
(0.4' N. OF P.L.) S 6' EXISTING SCE EASEMENT TO BE VACATED BOOK 7750, PAGE 372, O.R.

BENSON AVE. RECORD OWNER: EQUIPMENT VALLEY INVESTMENTS LLC APN: 1021-211-06-0000 OAKS AVE. CL CL CL CL RECORD OWNER: REXFORD INDUSTRIAL 13925 BENSON LLC APN: 1021-211-02-6000 RECORD OWNER: FREWING PROPERTIES SOESTERN LLC APN: 1021-121-11-0000 RECORD OWNER: FURCOLOW MARIA MARGARET TRUST ELBERTSE TRUST /96 APN: 1021-121-07-0000 RECORD OWNER: SHEA CENTER CHINO LLC APN: 1021-121-05-0000 RECORD OWNER: HELMAR INDUSTRIAL PROPERTIES LLC APN: 1021-211-05-0000 RECORD OWNER: SOUTHERN CALIFORNIA EDISON COMPANY APN: 1021-211-01-0000 DRAWING NO. REVIEWED BY: CHECKED BY: SCALE: DATE: REVISION NO. DRAWN BY: DESIGNED BY: PROJECT NO. DRAWING TITLE 251511 04/08/2026 DIRAC BESS 13925 BENSON AVE, CHINO, CA 91710 CITY OF CHINO www.coffman.com ph 818.698.8448 6320 Canoga Avenue, Suite 1300 Woodland Hills, CA 91367 NO. DATE DESCRIPTION BY REVISIONS PRELIMINARY NOT FOR CONSTRUCTION 04/08/2026 CUP RESUBMITTAL CEI 60 30 60 120 SCALE: FEET 0 1 INCH = 60 C3.0 1" = 60' MWT JK MWT JRA C3.2 C3.1 2 21' 1.5 7.0' 5.0' 12' 5' PROP. SIDEWALK EX. CURB & GUTTER PROP. PARKWAY LANDSCAPING EX. AC PAVEMENT BENSON AVE. SECTION A-A 33' 221' EX. R/W 12' EX. LANDSCAPING 66' EXISTING RIGHT OF WAY 33' 33' 22' EX. R/W 11' EX. CURB & GUTTER EX. LANDSCAPING EX. AC PAVEMENT OAKS AVE. SECTION C-C 33' 222' 1.5 66' PROPOSED RIGHT OF WAY 2 EX. SIDEWALK 5' PROP. SIDEWALK 8.0' A A B B C3.3 PRELIMINARY SITE PLAN KEY MAP DANIELS ST. PROP. PARKWAY LANDSCAPE 8.0' D D PROP R/W EX R/W 5.0' 3' PROP. / EX. R/W C C OAKS AVE. SECTION B-B 33' 22' EX. R/W 11' EX. CURB & GUTTER EX. LANDSCAPING EX. AC PAVEMENT 33' 222' 1.5 66' PROPOSED RIGHT OF WAY 2 5' PROP. SIDEWALK5.0' PROP. PARKWAY LANDSCAPE6.0' EX. CURB & GUTTER 8.0' PROP. EX. R/W R/W 3.0' OAKS AVE. SECTION D-D 33' 22' EX. R/W 11' EX. CURB & GUTTER EX. LANDSCAPING EX. AC PAVEMENT 33' 222' 1.5 66' PROPOSED RIGHT OF WAY 2 5' PROP. SIDEWALK5.0' PROP. PARKWAY LANDSCAPE6.0' EX. CURB & GUTTER 8.0' PROP. EX. R/W R/W 3.0' 19.0' FREEDOM CT. 174
M M
BW (N. END,

0.6' N. OF P.L.)

CHAIN LINK FENCE
(0.4' N. OF P.L.) S
BENSON AVE. PROPERTY LINE PROPERTY LINE DANIELS ST. 26.0' 26.0'

26.0'

15.0'

15.0'
R28.0' R54.0' 21' CL TO CURB

17.3' 25.0' 25.0' SETBACK 6.6' 6.6' 6.6' 20' 7 22 10 10 11 1 22 5 5 5 3333 9 2 1111 222 3 333 2 14 15 15 17 18 15 15 10' R28.0' R28.0'
R28.0' R28.0'
R28.0'
R54.0' R28.0'
R28.0'
R28.0' 1

5.6' 5.6' 5.6'

5.6' 5.6'

0.5' 0.5' 0.5'

0.5'2020 23 5 49.0' 8 2 R28.0'

5.0'

5.0' 5.0' 5.0'

26.0'

5.0' R28.0' SEE PUBLIC IMPROVEMENT PLANS FOR PROPOSED WORK IN THE ROW EXISTING AND ULTIMATE PROPERTY/ R.O.W LINE THERE WILL BE A SEPARATE STREET PLAN PREPARED FOR SIDEWALK, CURB RAMP, AND CROSSWALK IMPROVEMENT PER INFORMATION FROM RECORD DRAWING AA-5984 33.0' CL TO ULTIMATE ROW 7.0'5.0'

26.0' DRAWING NO. REVIEWED BY: CHECKED BY: SCALE: DATE: REVISION NO. DRAWN BY: DESIGNED BY: PROJECT NO. DRAWING TITLE 251511 04/08/2026 DIRAC BESS 13925 BENSON AVE, CHINO, CA 91710 CITY OF CHINO www.coffman.com ph 818.698.8448 6320 Canoga Avenue, Suite 1300 Woodland Hills, CA 91367 NO. DATE DESCRIPTION BY REVISIONS PRELIMINARY NOT FOR CONSTRUCTION 04/08/2026 CUP RESUBMITTAL CEI PRELIMINARY SITE PLAN 30 15 30 60 SCALE: FEET 0 1 INCH = 30 C3.1 1" = 30' MWT JK MWT JRA LEGEND PROPERTY LINE STREET CENTERLINE PARCEL BOUNDARY EX. ELECTRICAL LINE EX. FENCE EX. FIRE SERVICE LINE EX. GAS LINE EX. STORM DRAIN MAIN EX. TELEPHONE LINE EX. WATER MAIN EX. SEWER MAIN PROP. SECURITY FENCE PROP. STORM DRAIN LINE PROP. WATER LINE PROP. SEWER LINE PROP. CMU WALL PROPOSED HEAVY DUTY VEHICULAR ASPHALT PAVEMENT WITH 5.0" A.C. OVER 8.0" CL. II A.B. PROPOSED 8-HOUR BOL BATTERY AB AGGREGATE BASE AC ASPHALT CONCRETE AUX AUXILIARY BESS BATTERY ENERGY STORAGE SYSTEM BLDG BUILDING CMU CONCRETE MASONRY UNIT CO CLEANOUT COMM COMMUNICATIONS DI DROP INLET E ELECTRICAL (E) / EX EXISTING FF FINISH FLOOR ELEVATION FG FINISHED GRADE ABBREVIATIONS 19.9'

8.0'
MATCHLINE - SEE SHEET C3.2 FOR CONTINUATION FS FINISHED SURFACE FW FIRE WATER SERVICE GB GRADE BREAK INV INVERT (N) NEW PCS POWER CONVERSION SYSTEM PP POWER POLE PROP PROPOSED ROW RIGHT OF WAY S SLOPE SCE SOUTHERN CALIFORNIA EDISON SD STORM DRAIN SDMH STORM DRAIN MANHOLE PROPOSED SIDEWALK PER CITY OF CHINO STD. 230 SWR SEWER TEL TELEPHONE TG TOP OF GRATE TI TRAFFIC INDEX TYP TYPICAL WTR WATER XFMR TRANSFORMER PROPOSED ENHANCED HEAVY-DUTY CONCRETE PAVEMENT SITE KEYNOTES PROPOSED 8-HOUR BOL BATTERY (516 TOTAL) PROPOSED 8-HOUR AUGMENTATION BATTERY (168 TOTAL) PROPOSED MEDIUM VOLTAGE TRANSFORMER (86 TOTAL) PROPOSED 10' BLAST CMU WALL BESS WITH DECORATIVE PILASTERS EVERY 100'. SEE C7.2-C7.3 PROPOSED PRE-FABRICATED O&M BUILDING (H = 12.0') PROPOSED 26.0' WIDE DRIVEWAY PROPOSED PARKING SPACE (TYP. OF 4) PROPOSED HEAVY-DUTY VEHICULAR ASPHALT PAVEMENT PROPOSED 5.0'-WIDE PUBLIC SIDEWALK PROPOSED PUBLIC CURB RAMP PROPOSED PUBLIC STREETLIGHT. FINAL LOCATION TO BE DETERMINED UPON FURTHER COORDINATION WITH CITY. PROPOSED ENHANCED HEAVY-DUTY CONCRETE PAVEMENT. LOW VOLTAGE FIRE ALARM DISTRIBUTION PANEL (TYP.) PROPOSED AUTOMATIC GATE WITH PERFORATED METAL SCREEN AND KNOX BOX PROPOSED 12' X 10' TRASH ENCLOSURE 12357891014151718202223 PROPOSED 8-HOUR AUGMENTATION BATTERY 19.9'

8.0' PROPOSED MEDIUM VOLTAGE TRANSFORMER 19.9'8.0' PROPOSED LANDSCAPING AREA (SEE LANDSCAPE PLANS FOR MORE INFORMATION) 175

M PROPERTY LINE PROPERTY LINE
OAKS AVE. RECORD OWNER: EQUIPMENT VALLEY INVESTMENTS LLC APN: 1021-211-06-0000 CL CL RECORD OWNER: SHEA CENTER CHINO LLC APN: 1021-121-05-0000 RECORD OWNER: HELMAR INDUSTRIAL PROPERTIES LLC APN: 1021-211-05-0000 SEE IMPROVEMENTS SOUTH PER SHEET C3.3 26.0' 26.0' 26.0' 26.0'

26.0'

15.0'

15.0'
R28.0' R28.0'
R28.0' R28.0' 22.0' CL TO CURB 34.0'25.0' SETBACK 6.6' 6.6' 6.6' 30.0' CL TO EX ROW 11 4 10 10 1 1 11 2 2 22 5 5 5 5 3 3 3 3 2 1 3 21 17 R28.0' R28.0' R28.0' R28.0' R28.0' R54.0' R28.0' 17 R54.0'

5.6' 5.6'

5.6'

0.5'

0.5' 0.5' 23 2020 21 21

0.5'

26.0' 4 8 18

5.0'

5.0' 5.0' 5.0' 223' STREET DEDICATION TO ULTIMATE PROPERTY LINE SEE PUBLIC IMPROVEMENT PLANS FOR PROPOSED WORK IN THE ROW EXISTING PROPERTY LINE 33.0' CL TO ULTIMATE ROW 6' 13.0' SIDEWALK EASEMENT TO BE PROVIDED FOR PRIVATE PROPERTY Lat: N34° 00' 01.31" Long: W117° 40' 35.71" Height: 110' Lat: N34° 00' 01.31" Long: W117° 40' 34.75" Height: 90' 28 27 3.0' ULTIMATE PROPERTY LINE ULTIMATE PROPERTY LINE DRAWING NO. REVIEWED BY: CHECKED BY: SCALE: DATE: REVISION NO. DRAWN BY: DESIGNED BY: PROJECT NO. DRAWING TITLE 251511 04/08/2026 DIRAC BESS 13925 BENSON AVE, CHINO, CA 91710 CITY OF CHINO www.coffman.com ph 818.698.8448 6320 Canoga Avenue, Suite 1300 Woodland Hills, CA 91367 NO. DATE DESCRIPTION BY REVISIONS PRELIMINARY NOT FOR CONSTRUCTION 04/08/2026 CUP RESUBMITTAL CEI PRELIMINARY SITE PLAN 30 15 30 60 SCALE: FEET 0 1 INCH = 30 C3.2 1" = 30' MWT JK MWT JRA MATCHLINE - SEE SHEET C3.1 FOR CONTINUATION AB AGGREGATE BASE AC ASPHALT CONCRETE AUX AUXILIARY BESS BATTERY ENERGY STORAGE SYSTEM BLDG BUILDING CMU CONCRETE MASONRY UNIT CO CLEANOUT COMM COMMUNICATIONS DI DROP INLET E ELECTRICAL (E) / EX EXISTING FF FINISH FLOOR ELEVATION FG FINISHED GRADE ABBREVIATIONS FS FINISHED SURFACE FW FIRE WATER SERVICE GB GRADE BREAK INV INVERT (N) NEW PCS POWER CONVERSION SYSTEM PP POWER POLE PROP PROPOSED ROW RIGHT OF WAY S SLOPE SCE SOUTHERN CALIFORNIA EDISON SD STORM DRAIN SDMH STORM DRAIN MANHOLE SWR SEWER TEL TELEPHONE TG TOP OF GRATE TI TRAFFIC INDEX TYP TYPICAL WTR WATER XFMR TRANSFORMER SITE KEYNOTES PROPOSED 8-HOUR BOL BATTERY (516 TOTAL) PROPOSED 8-HOUR AUGMENTATION BATTERY (168 TOTAL) PROPOSED MEDIUM VOLTAGE TRANSFORMER (86 TOTAL) PROPOSED ELECTRICAL SUBSTATION PROPOSED 10' BLAST CMU WALL BESS WITH DECORATIVE PILASTERS EVERY 100'. SEE C7.2-C7.3 PROPOSED 26.0' WIDE DRIVEWAY PROPOSED HEAVY-DUTY VEHICULAR ASPHALT PAVEMENT PROPOSED 8'X40' CONEX BOX (TYP. OF 8) PROPOSED PUBLIC STREETLIGHT. FINAL LOCATION TO BE DETERMINED UPON FURTHER COORDINATION WITH CITY. PROPOSED ENHANCED HEAVY-DUTY CONCRETE PAVEMENT. LOW VOLTAGE FIRE ALARM DISTRIBUTION PANEL (TYP.) PROPOSED INTERNAL SUBSTATION ACCESS (2) PROPOSED AUTOMATIC GATE WITH PERFORATED METAL SCREEN AND KNOX BOX PROPOSED POCO TURNING STRUCTURE PROPOSED SCE RISER TO UNDERGROUND GEN-TIE 123458101117182021222728 LEGEND PROPERTY LINE STREET CENTERLINE PARCEL BOUNDARY EX. ELECTRICAL LINE EX. FENCE EX. FIRE SERVICE LINE EX. GAS LINE EX. STORM DRAIN MAIN EX. TELEPHONE LINE EX. WATER MAIN EX. SEWER MAIN PROP. SECURITY FENCE PROP. STORM DRAIN LINE PROP. WATER LINE PROP. SEWER LINE PROP. CMU WALL PROPOSED HEAVY DUTY VEHICULAR ASPHALT PAVEMENT WITH 5.0" A.C. OVER 8.0" CL. II A.B. PROPOSED 8-HOUR BOL BATTERY 19.9'

8.0' PROPOSED SIDEWALK PER CITY OF CHINO STD. 230 PROPOSED ENHANCED HEAVY-DUTY CONCRETE PAVEMENT PROPOSED 8-HOUR AUGMENTATION BATTERY 19.9'8.0' PROPOSED MEDIUM VOLTAGE TRANSFORMER 19.9'8.0' PROPOSED LANDSCAPING AREA (SEE LANDSCAPE PLANS FOR MORE INFORMATION) SIDEWALK EASEMENT (EASEMENT DEED) TO BE PROVIDED TO THE CITY FOR PRIVATE PROPERTY, PER A SEPARATE INSTRUMENT 176
E RECORD OWNER: EQUIPMENT VALLEY INVESTMENTS LLC APN: 1021-211-06-0000 FREEDOM CT. CL OAKS AVE SEE IMPROVEMENTS NORTH PER SHEET C3.2 5.0' 14 6.0' 24 EXISTING PROPERTY LINE PROPOSED SCE UNDERGROUND GEN-TIE 3' STREET DEDICATION TO ULTIMATE PROPERTY LINE EXISTING PROPERTY LINE 33.0' CL TO ULTIMATE ROW 30.0' CL TO EX ROW26 3.0' ULTIMATE PROPERTY LINE 33.0' CL TO ULTIMATE ROW DRAWING NO. REVIEWED BY: CHECKED BY: SCALE: DATE: REVISION NO. DRAWN BY: DESIGNED BY: PROJECT NO. DRAWING TITLE 251511 04/08/2026 DIRAC BESS 13925 BENSON AVE, CHINO, CA 91710 CITY OF CHINO www.coffman.com ph 818.698.8448 6320 Canoga Avenue, Suite 1300 Woodland Hills, CA 91367 NO. DATE DESCRIPTION BY REVISIONS PRELIMINARY NOT FOR CONSTRUCTION 04/08/2026 CUP RESUBMITTAL CEI PRELIMINARY SITE PLAN 10 5 10 20 SCALE: FEET 0 1 INCH = 10 C3.3 1" = 10' MWT JK MWT JRA AB AGGREGATE BASE AC ASPHALT CONCRETE AUX AUXILIARY BESS BATTERY ENERGY STORAGE SYSTEM BLDG BUILDING CMU CONCRETE MASONRY UNIT CO CLEANOUT COMM COMMUNICATIONS DI DROP INLET E ELECTRICAL (E) / EX EXISTING FF FINISH FLOOR ELEVATION FG FINISHED GRADE FS FINISHED SURFACE FW FIRE WATER SERVICE GB GRADE BREAK INV INVERT (N) NEW PCS POWER CONVERSION SYSTEM PP POWER POLE PROP PROPOSED ROW RIGHT OF WAY S SLOPE SCE SOUTHERN CALIFORNIA EDISON SD STORM DRAIN SDMH STORM DRAIN MANHOLE SWR SEWER TEL TELEPHONE TG TOP OF GRATE TI TRAFFIC INDEX TYP TYPICAL WTR WATER XFMR TRANSFORMER ABBREVIATIONS SITE KEYNOTES PROPOSED 5.0'-WIDE PUBLIC SIDEWALK CONNECT TO EXISTING SIDEWALK TRENCH BACKFILL & ROADWAY REPAIR PER CITY OF CHINO STD.109 A 142426 LEGEND PROPERTY LINE STREET CENTERLINE PARCEL BOUNDARY EX. ELECTRICAL LINE EX. FENCE EX. FIRE SERVICE LINE EX. GAS LINE EX. STORM DRAIN MAIN EX. TELEPHONE LINE EX. WATER MAIN EX. SEWER MAIN PROP. SECURITY FENCE PROP. STORM DRAIN LINE PROP. WATER LINE PROP. SEWER LINE PROP. CMU WALL PROPOSED SIDEWALK PER CITY OF CHINO STD. 230 PROPOSED LANDSCAPING AREA (SEE LANDSCAPE PLANS FOR MORE INFORMATION) GENERAL NOTES · TRENCHING WITHIN OAKS AVE IS SUBJECT TO THE CITY'S STREET MORATORIUM AND ANY ASSOCIATED REPAIR REQUIREMENTS. PLEASE REFERENCE THE CITY OF CHINO DEPARTMENT OF PUBLIC WORKS' MEMORANDUM DATED JANUARY 26, 2023 FOR THE STREET/ALLEY RESURFACING POLICY FOR THE STREETS UNDER MORATORIUM. · ANY CONSTRUCTION REQUIRED IN THE PUBLIC R.O.W SHALL REQUIRE AN ENCROACHMENT PERMIT, THROUGH THE PUBLIC WORKS DEPARTMENT. OAKS AVE. SECTION D-D PROPOSED 33' 22' EX. R/W 11' EX. CURB & GUTTER EX. LANDSCAPING EX. AC PAVEMENT 33' 222' 1.5 66' PROPOSED RIGHT OF WAY 2 5' PROP. SIDEWALK5.0' PROP. PARKWAY LANDSCAPE6.0' EX. CURB & GUTTER 8.0' PROP. EX. R/W R/W 3.0' D D OAKS AVE. SECTION D-D EXISTING 30' 22' EX. R/W 8' EX. CURB & GUTTER EX. LANDSCAPING EX. AC PAVEMENT 30' 222' 1.5 60' EXISTING RIGHT OF WAY2 EX. PARKWAY LANDSCAPE EX. CURB & GUTTER 8.0' EX. R/W 177
ACCESS ACCESS 685 688 687 686 685 680681 682683 683 682683 684 682 683 682 681 684 685 686 687 686 687 687 686 687 687 688 688 688 688 690 688 686 684 S M M M BENSON AVE.

OAKS AVE. FREEDOM CT C C D D E E F F G G H H G G I I J J K K L L DRAWING NO. REVIEWED BY: CHECKED BY: SCALE: DATE: REVISION NO. DRAWN BY: DESIGNED BY: PROJECT NO. DRAWING TITLE 251511 04/08/2026 DIRAC BESS 13925 BENSON AVE, CHINO, CA 91710 CITY OF CHINO www.coffman.com ph 818.698.8448 6320 Canoga Avenue, Suite 1300 Woodland Hills, CA 91367 NO. DATE DESCRIPTION BY REVISIONS PRELIMINARY NOT FOR CONSTRUCTION 04/08/2026 CUP RESUBMITTAL CEI C4.0 1" = 60' MWT JK MWT JRA C4.2 C4.1 GRADING NOTES 1. SPOT ELEVATIONS ARE FOR FINISHED GRADE/SURFACE UNLESS OTHERWISE NOTED. 2. UNLESS ELEVATIONS AND/OR CONTOURS ARE OTHERWISE SHOWN, NEW FINISH GRADE SURFACES SHALL BE PLACED TO ALLOW FOR POSITIVE DRAINAGE TO RUNOFF COLLECTION DEVICES OR FACILITIES. MAINTAIN POSITIVE DRAINAGE AWAY FROM BUILDINGS. 3. GRADING SHALL NOT EXCEED A 3:1 MAXIMUM SLOPE. AB AGGREGATE BASE AC ASPHALT CONCRETE AUX AUXILIARY BESS BATTERY ENERGY STORAGE SYSTEM BLDG BUILDING CMU CONCRETE MASONRY UNIT CO CLEANOUT COMM COMMUNICATIONS DI DROP INLET E ELECTRICAL (E) / EX EXISTING FF FINISH FLOOR ELEVATION FG FINISHED GRADE FS FINISHED SURFACE FW FIRE WATER SERVICE GB GRADE BREAK INV INVERT (N) NEW PCS POWER CONVERSION SYSTEM PP POWER POLE ROW RIGHT OF WAY S SLOPE SCE SOUTHERN CALIFORNIA EDISON SD STORM DRAIN SDMH STORM DRAIN MANHOLE SWR SEWER TEL TELEPHONE TG TOP OF GRATE TI TRAFFIC INDEX TYP TYPICAL WTR WATER XFMR TRANSFORMER ABBREVIATIONS LEGEND PROPERTY LINE PARCEL BOUNDARY STREET CENTERLINE SHEET LIMIT MINOR CONTOUR LINE MAJOR CONTOUR LINE PRELIMINARY GRADING PLAN KEY MAP 685 684 60 30 60 120 SCALE: FEET 0 1 INCH = 60 EX. ELECTRICAL LINE EX. FENCE EX. STORM DRAIN MAIN EX. TELEPHONE LINE EX. WATER MAIN EX. SEWER MAIN DANIELS ST. 2 21' 1.5 7.0' 5.0' 12' 5' PROP. SIDEWALK EX. CURB & GUTTER PROP. PARKWAY LANDSCAPING EX. AC PAVEMENT BENSON AVE. SECTION A-A 33' 221' EX. R/W 12' EX. LANDSCAPING 66' EXISTING RIGHT OF WAY 33' EX. SIDEWALK A A B B PROP. / EX. R/W OAKS AVE. SECTION B-B 33' 22' EX. R/W 11' EX. CURB & GUTTER EX. LANDSCAPING EX. AC PAVEMENT 33' 222' 1.5 66' PROPOSED RIGHT OF WAY 2 5' PROP. SIDEWALK5.0' PROP. PARKWAY LANDSCAPE6.0' EX. CURB & GUTTER 8.0' PROP. EX. R/W R/W 3.0' 178
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686 S M M BENSON AVE. PROPERTY LINE PROPERTY LINE DANIELS ST. 679.62 FS 679.70 FS 679.26 FS 679.14 FS 679.25 FS 679.15 FS 682.73 FS 682.88 FS 683.82 FS 683.89 FS 680.84 FS 680.95 FS 681.69 FS 681.73 FS 679.29 FS 680.52 FS 681.32 FS 679.71 FS 680.80 FS 683.96 FS 683.26 FS 684.11 FS 685.35 FS 685.77 FS 681.04 FS 680 681 682 683 684 685 683.45 FS 684.01 FS SEE EXISTING STREET IMPROVEMENT PLAN AA-5984 FOR SIDEWALK, CURB RAMP, AND CROSSWALK IMPROVEMENTS 33.0' CL TO EX ROW 21' CL TO CURB 685.00 FF 1 1 1 1 1 2 2 2 2 2 22 4 5 7 EXISTING AND ULTIMATE PROPERTY/ R.O.W LINE C C D D E E F F G G H H DRAWING NO. REVIEWED BY: CHECKED BY: SCALE: DATE: REVISION NO. DRAWN BY: DESIGNED BY: PROJECT NO. DRAWING TITLE 251511 04/08/2026 DIRAC BESS 13925 BENSON AVE, CHINO, CA 91710 CITY OF CHINO www.coffman.com ph 818.698.8448 6320 Canoga Avenue, Suite 1300 Woodland Hills, CA 91367 NO. DATE DESCRIPTION BY REVISIONS PRELIMINARY NOT FOR CONSTRUCTION 04/08/2026 CUP RESUBMITTAL CEI PRELIMINARY GRADING PLAN C4.1 1" = 30' MWT JK MWT JRA GRADING NOTES 1. SPOT ELEVATIONS ARE FOR FINISHED GRADE/SURFACE UNLESS OTHERWISE NOTED. 2. UNLESS ELEVATIONS AND/OR CONTOURS ARE OTHERWISE SHOWN, NEW FINISH GRADE SURFACES SHALL BE PLACED TO ALLOW FOR POSITIVE DRAINAGE TO RUNOFF COLLECTION DEVICES OR FACILITIES. MAINTAIN POSITIVE DRAINAGE AWAY FROM BUILDINGS. 3. GRADING SHALL NOT EXCEED A 3:1 MAXIMUM SLOPE. AB AGGREGATE BASE AC ASPHALT CONCRETE AUX AUXILIARY BESS BATTERY ENERGY STORAGE SYSTEM BLDG BUILDING CMU CONCRETE MASONRY UNIT CO CLEANOUT COMM COMMUNICATIONS DI DROP INLET E ELECTRICAL (E) / EX EXISTING FF FINISH FLOOR ELEVATION FG FINISHED GRADE FS FINISHED SURFACE FW FIRE WATER SERVICE GB GRADE BREAK INV INVERT (N) NEW PCS POWER CONVERSION SYSTEM PP POWER POLE ROW RIGHT OF WAY S SLOPE SCE SOUTHERN CALIFORNIA EDISON SD STORM DRAIN SDMH STORM DRAIN MANHOLE SWR SEWER TEL TELEPHONE TG TOP OF GRATE TI TRAFFIC INDEX TYP TYPICAL WTR WATER XFMR TRANSFORMER ABBREVIATIONS EARTHWORK NOTES TOTAL AREA: 605,280 SF CUT VOLUME = 6,100 CYD FILL VOLUME = 5,200 CYD NET EXPORT VOLUME = 900 CYD MAXIMUM CUT = 2.0 FT MAXIMUM FILL = 4.5 FT MATCHLINE - SEE SHEET C4.2 FOR CONTINUATION LEGEND PROPOSED LANDSCAPING AREA (SEE LANDSCAPE PLANS FOR MORE INFORMATION) SECTION C-C2 PERIMETER WALL PROPERTY LINE CURB & GUTTER EQUIPMENT PAD AREA 10' 2' 26' 2 PERIMETER WALL PROPERTY LINE CURB & GUTTER 12' 26' ASPHALT DRIVEWAY SECTION D-D 2 PERIMETER WALL PROPERTY LINE CURB & GUTTER EQUIPMENT PAD AREA 10' 2' 26' ASPHALT DRIVEWAY ASPHALT DRIVEWAY SECTION E-E SECTION F-F 10' EQUIPMENT PAD AREA 2 PERIMETER WALL PROPERTY LINE CURB & GUTTER 12' 26' ASPHALT DRIVEWAY 10' EQUIPMENT PAD AREA 2 PERIMETER WALL PROPERTY LINE CURB & GUTTER 26' ASPHALT DRIVEWAY 2' 10' EQUIPMENT PAD AREA SECTION G-G 2 PERIMETER WALL PROPERTY LINE CURB & GUTTER EQUIPMENT PAD AREA 10'26' ASPHALT DRIVEWAY 2'SECTION H-H 30 15 30 60 SCALE: FEET 0 1 INCH = 30 PROPERTY LINE PARCEL BOUNDARY STREET CENTERLINE SHEET LIMIT MINOR CONTOUR LINE MAJOR CONTOUR LINE EX. STORM DRAIN MAIN PROPOSED STORM DRAIN LINE PROPOSED CATCH BASIN PROPOSED CLEANOUT PROP. WATER TREATMENT FACILITY 685 684 GRADING KEYNOTES PROPOSED PVC STORM DRAIN LINE PROPOSED STORM WATER CATCH BASIN PROPOSED STORM WATER TREATMENT FACILITY CONNECT TO EXISTING STORM DRAIN SYSTEM IF CONNECTION TO A STORM DRAIN IN OAKS IS NOT POSSIBLE, THE PROJECT SHALL DISCHARGE THE TREATED STORMWATER TO THE OAKS AVENUE GUTTER. THIS MAY INCLUDE THE NEED TO ADD A STORMWATER LIFT STATION. PROPOSED SEWER-LIKE CLEANOUT FOR STORM WATER PER CITY OF CHINO STD. 527 124567 179
ACCESS ACCESS 685 688 687 686 685 687 686 687 687 686 687 687 688 688 688 688 690 688 686 684 M PROPERTY LINE PROPERTY LINE OAKS AVE. 684.85 FS 684.85 FS 688.48 FS 688.47 FS 688.61 FS 688.05 FS 688.31 FS 687.99 FS 688.74 FS 688.11 FS 688.72 FS 684.42 FS 684.50 FS 684.45 FS 683.79 FS683.51 FS 686.6 FG 686.8 FG 686.57 FS 684.1 TG 685.39 FS 685.47 FS 684.99 FS 688.39 FS 685 686 687688 689 684 685 686 687 688 3' STREET DEDICATION ULTIMATE PROPERTY LINE 22.0' CL TO CURB 30.0' CL TO EX ROW 33.0' CL TO ULTIMATE ROW 1 1 1 2 2 2 2 4 2 1 2 2 6 2 3' STREET DEDICATION ULTIMATE PROPERTY LINE 7 H G I I J J K K L L DRAWING NO. REVIEWED BY: CHECKED BY: SCALE: DATE: REVISION NO. DRAWN BY: DESIGNED BY: PROJECT NO. DRAWING TITLE 251511 04/08/2026 DIRAC BESS 13925 BENSON AVE, CHINO, CA 91710 CITY OF CHINO www.coffman.com ph 818.698.8448 6320 Canoga Avenue, Suite 1300 Woodland Hills, CA 91367 NO. DATE DESCRIPTION BY REVISIONS PRELIMINARY NOT FOR CONSTRUCTION 04/08/2026 CUP RESUBMITTAL CEI PRELIMINARY GRADING PLAN C4.2 1" = 30' MWT JK MWT JRA MATCHLINE - SEE SHEET C4.1 FOR CONTINUATION SECTION I-I 2 PERIMETER WALL PROPERTY LINE CURB & GUTTER EQUIPMENT PAD AREA 10' 26' ASPHALT DRIVEWAY 2' SECTION J-J PERIMETER WALL PROPERTY LINE SUBSTATION AREA 10' SECTION K-K 2 PERIMETER WALL PROPERTY LINE CURB & GUTTER EQUIPMENT PAD AREA 10'26' ASPHALT DRIVEWAY SECTION L-L 2 PERIMETER WALL PROPERTY LINE CURB & GUTTER EQUIPMENT PAD AREA 10'26' ASPHALT DRIVEWAY 6' 2' 30 15 30 60 SCALE: FEET 0 1 INCH = 30 GRADING KEYNOTES PROPOSED PVC STORM DRAIN LINE PROPOSED STORM WATER CATCH BASIN PROPOSED STORM WATER TREATMENT FACILITY CONNECT TO EXISTING STORM DRAIN SYSTEM IF CONNECTION TO A STORM DRAIN IN OAKS IS NOT POSSIBLE, THE PROJECT SHALL DISCHARGE THE TREATED STORMWATER TO THE OAKS AVENUE GUTTER. THIS MAY INCLUDE THE NEED TO ADD A STORMWATER LIFT STATION. PROPOSED SEWER-LIKE CLEANOUT FOR STORM WATER PER CITY OF CHINO STD. 527 124567 GRADING NOTES 1. SPOT ELEVATIONS ARE FOR FINISHED GRADE/SURFACE UNLESS OTHERWISE NOTED. 2. UNLESS ELEVATIONS AND/OR CONTOURS ARE OTHERWISE SHOWN, NEW FINISH GRADE SURFACES SHALL BE PLACED TO ALLOW FOR POSITIVE DRAINAGE TO RUNOFF COLLECTION DEVICES OR FACILITIES. MAINTAIN POSITIVE DRAINAGE AWAY FROM BUILDINGS. 3. GRADING SHALL NOT EXCEED A 3:1 MAXIMUM SLOPE. AB AGGREGATE BASE AC ASPHALT CONCRETE AUX AUXILIARY BESS BATTERY ENERGY STORAGE SYSTEM BLDG BUILDING CMU CONCRETE MASONRY UNIT CO CLEANOUT COMM COMMUNICATIONS DI DROP INLET E ELECTRICAL (E) / EX EXISTING FF FINISH FLOOR ELEVATION FG FINISHED GRADE FS FINISHED SURFACE FW FIRE WATER SERVICE GB GRADE BREAK INV INVERT (N) NEW PCS POWER CONVERSION SYSTEM PP POWER POLE ROW RIGHT OF WAY S SLOPE SCE SOUTHERN CALIFORNIA EDISON SD STORM DRAIN SDMH STORM DRAIN MANHOLE SWR SEWER TEL TELEPHONE TG TOP OF GRATE TI TRAFFIC INDEX TYP TYPICAL WTR WATER XFMR TRANSFORMER ABBREVIATIONS EARTHWORK NOTES TOTAL AREA: 605,280 SF CUT VOLUME = 6,100 CYD FILL VOLUME = 5,200 CYD NET EXPORT VOLUME = 900 CYD MAXIMUM CUT = 2.0 FT MAXIMUM FILL = 4.5 FT LEGEND PROPOSED LANDSCAPING AREA (SEE LANDSCAPE PLANS FOR MORE INFORMATION) PROPERTY LINE PARCEL BOUNDARY STREET CENTERLINE SHEET LIMIT MINOR CONTOUR LINE MAJOR CONTOUR LINE EX. STORM DRAIN MAIN PROPOSED STORM DRAIN LINE PROPOSED CATCH BASIN PROPOSED CLEANOUT PROP. WATER TREATMENT FACILITY 685 684 180
ACCESS ACCESS 685 688 687 686 685 680681 682683 683 682683 684 682 683 682 681 684 685 686 687 686 687 687 686 687 687 688 688 688 688 690 688 686 684 684 685 686687688 680 681 682 683 684 685 M M M 6' EXISTING SCE EASEMENT TO BE VACATED BOOK 7750, PAGE 372, O.R.

0.6' N. OF P.L.)

CHAIN LINK FENCE
(0.4' N. OF P.L.)
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BENSON AVE. PROPERTY LINE PROPERTY LINE DANIELS ST. 33.0' CL TO EX ROW 4 5
7 DRAWING NO. REVIEWED BY: CHECKED BY: SCALE: DATE: REVISION NO. DRAWN BY: DESIGNED BY: PROJECT NO. DRAWING TITLE 251511 04/08/2026 DIRAC BESS 13925 BENSON AVE, CHINO, CA 91710 CITY OF CHINO www.coffman.com ph 818.698.8448 6320 Canoga Avenue, Suite 1300 Woodland Hills, CA 91367 NO. DATE DESCRIPTION BY REVISIONS PRELIMINARY NOT FOR CONSTRUCTION 04/08/2026 CUP RESUBMITTAL CEI PRELIMINARY DRAINAGE PLAN 30 15 30 60 SCALE: FEET 0 1 INCH = 30 C5.1 1" = 30' MWT JK MWT JRA AB AGGREGATE BASE AC ASPHALT CONCRETE AUX AUXILIARY BESS BATTERY ENERGY STORAGE SYSTEM BLDG BUILDING CMU CONCRETE MASONRY UNIT CO CLEANOUT COMM COMMUNICATIONS DI DROP INLET E ELECTRICAL (E) / EX EXISTING FF FINISH FLOOR ELEVATION FG FINISHED GRADE FS FINISHED SURFACE FW FIRE WATER SERVICE GB GRADE BREAK INV INVERT (N) NEW PCS POWER CONVERSION SYSTEM PP POWER POLE ROW RIGHT OF WAY S SLOPE SCE SOUTHERN CALIFORNIA EDISON SD STORM DRAIN SDMH STORM DRAIN MANHOLE SWR SEWER TEL TELEPHONE TG TOP OF GRATE TI TRAFFIC INDEX TYP TYPICAL WTR WATER XFMR TRANSFORMER ABBREVIATIONS DRAINAGE KEYNOTES PROPOSED PVC STORM DRAIN LINE PROPOSED STORM WATER CATCH BASIN PROPOSED STORM WATER TREATMENT FACILITY CONNECT TO EXISTING STORM DRAIN SYSTEM IF CONNECTION TO A STORM DRAIN IN OAKS IS NOT POSSIBLE, THE PROJECT SHALL DISCHARGE THE TREATED STORMWATER TO THE OAKS AVENUE GUTTER. THIS MAY INCLUDE THE NEED TO ADD A STORMWATER LIFT STATION. PROPOSED SEWER-LIKE CLEANOUT FOR STORM WATER PER CITY OF CHINO STD. 527 124567
MATCHLINE - SEE SHEET C5.2 FOR CONTINUATION LEGEND PROPERTY LINE PROJECT LIMITS PARCEL BOUNDARY EX. STORM DRAIN MAIN PROP. STORM DRAIN LINE PROP. CATCH BASIN PROP. WATER TREATMENT FACILITY PROPOSED CLEANOUT DRAINAGE NOTES 1. BASED ON DIRECTION FROM CITY STAFF, HYDROMODIFICATION MEASURES ARE NOT REQUIRED. 2. GROUNDWATER INFILTRATION HAS BEEN DEEMED INFEASIBLE BASED UPON EXISTING SOIL CONDITIONS, INCLUDING AN UNDERSTANDING THAT THE EXISTING SOILS ARE CONTAMINATED DUE TO PRIOR USES ON THE SITE. AS SUCH, AND IN COMPLIANCE WITH SECTION 3.2.4 GROUNDWATER CONSIDERATIONS OF THE TECHNICAL GUIDANCE DOCUMENT FOR WQMPS, THE DRAINAGE AND STORMWATER DESIGN DOES NOT RELY UPON GROUNDWATER INFILTRATION FOR WATER QUALITY TREATMENT. RUNOFF IS INTENDED TO SHEET FLOW TO THE PROPOSED STORM DRAIN SYSTEM AND THEN BE ROUTED TO THE PROPOSED TREATMENT STRUCTURES BEFORE BEING DISCHARGED OFFSITE. 3. ACCOMPANYING THE FINAL DESIGN AND WQMP, A SOIL MANAGEMENT STUDY WILL BE PROVIDED TO THE CITY FOR REVIEW. THIS STUDY WILL DEMONSTRATE THAT ANY IDENTIFIED POLLUTANTS ON THE SITE WILL NOT RESULT IN ADVERSE IMPACTS TO GROUNDWATER QUALITY. 182
ACCESS ACCESS 687 686 687 687 686 687 687 688 688 688 688 690 688 686 684 684 685 686 687688 M 1 1 1 2 2 2 2 4 2 1 2 2 6 2 PROPERTY LINE PROPERTY LINE OAKS AVE. RECORD OWNER: EQUIPMENT VALLEY INVESTMENTS LLC APN: 1021-211-06-0000 CL CL RECORD OWNER: SHEA CENTER CHINO LLC APN: 1021-121-05-0000 RECORD OWNER: HELMAR INDUSTRIAL PROPERTIES LLC APN: 1021-211-05-0000 30.0' CL TO EX ROW 33.0' CL TO ULTIMATE ROW 3' STREET DEDICATION ULTIMATE PROPERTY LINE 7 DRAWING NO. REVIEWED BY: CHECKED BY: SCALE: DATE: REVISION NO. DRAWN BY: DESIGNED BY: PROJECT NO. DRAWING TITLE 251511 04/08/2026 DIRAC BESS 13925 BENSON AVE, CHINO, CA 91710 CITY OF CHINO www.coffman.com ph 818.698.8448 6320 Canoga Avenue, Suite 1300 Woodland Hills, CA 91367 NO. DATE DESCRIPTION BY REVISIONS PRELIMINARY NOT FOR CONSTRUCTION 04/08/2026 CUP RESUBMITTAL CEI PRELIMINARY DRAINAGE PLAN 30 15 30 60 SCALE: FEET 0 1 INCH = 30 C5.2 1" = 30' MWT JK MWT JRA DRAINAGE KEYNOTES PROPOSED PVC STORM DRAIN LINE PROPOSED STORM WATER CATCH BASIN PROPOSED STORM WATER TREATMENT FACILITY CONNECT TO EXISTING STORM DRAIN SYSTEM IF CONNECTION TO A STORM DRAIN IN OAKS IS NOT POSSIBLE, THE PROJECT SHALL DISCHARGE THE TREATED STORMWATER TO THE OAKS AVENUE GUTTER. THIS MAY INCLUDE THE NEED TO ADD A STORMWATER LIFT STATION. PROPOSED SEWER-LIKE CLEANOUT FOR STORM WATER PER CITY OF CHINO STD. 527 124567 AB AGGREGATE BASE AC ASPHALT CONCRETE AUX AUXILIARY BESS BATTERY ENERGY STORAGE SYSTEM BLDG BUILDING CMU CONCRETE MASONRY UNIT CO CLEANOUT COMM COMMUNICATIONS DI DROP INLET E ELECTRICAL (E) / EX EXISTING FF FINISH FLOOR ELEVATION FG FINISHED GRADE FS FINISHED SURFACE FW FIRE WATER SERVICE GB GRADE BREAK INV INVERT (N) NEW PCS POWER CONVERSION SYSTEM PP POWER POLE ROW RIGHT OF WAY S SLOPE SCE SOUTHERN CALIFORNIA EDISON SD STORM DRAIN SDMH STORM DRAIN MANHOLE SWR SEWER TEL TELEPHONE TG TOP OF GRATE TI TRAFFIC INDEX TYP TYPICAL WTR WATER XFMR TRANSFORMER ABBREVIATIONS MATCHLINE - SEE SHEET C5.1 FOR CONTINUATION LEGEND PROPERTY LINE PROJECT LIMITS PARCEL BOUNDARY EX. STORM DRAIN MAIN PROP. STORM DRAIN LINE PROP. CATCH BASIN PROP. WATER TREATMENT FACILITY PROPOSED CLEANOUT DRAINAGE NOTES BASED ON DIRECTION FROM CITY STAFF, HYDROMODIFICATION MEASURES ARE NOT REQUIRED. 183
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(0.4' N. OF P.L.) S M M M
BENSON AVE.

OAKS AVE. DANIELS ST. DRAWING NO. REVIEWED BY: CHECKED BY: SCALE: DATE: REVISION NO. DRAWN BY: DESIGNED BY: PROJECT NO. DRAWING TITLE 251511 04/08/2026 DIRAC BESS 13925 BENSON AVE, CHINO, CA 91710 CITY OF CHINO www.coffman.com ph 818.698.8448 6320 Canoga Avenue, Suite 1300 Woodland Hills, CA 91367 NO. DATE DESCRIPTION BY REVISIONS PRELIMINARY NOT FOR CONSTRUCTION 04/08/2026 CUP RESUBMITTAL CEI 60 30 60 120 SCALE: FEET 0 1 INCH = 60 C6.0 1" = 60' MWT JK MWT JRA C6.2 C6.1 LEGEND PROPERTY LINE STREET CENTERLINE EX. ELECTRICAL LINE EX. FENCE EX. FIRE SERVICE LINE EX. GAS LINE EX. STORM DRAIN MAIN EX. TELEPHONE LINE EX. WATER MAIN EX. SEWER MAIN EX. RECYCLED WATER MAIN PROP. SECURITY FENCE PROP. STORM DRAIN LINE PROP. WATER LINE PROP. SEWER LINE PROP. RECYCLED WATER LINE PROPOSED LANDSCAPING AREA (SEE LANDSCAPE PLANS FOR MORE INFORMATION) PROPOSED STREETLIGHT PRELIMINARY UTILITY PLAN KEY MAP PROPOSED PROPOSED FIRE HYDRANT AB AGGREGATE BASE AC ASPHALT CONCRETE AUX AUXILIARY BESS BATTERY ENERGY STORAGE SYSTEM BLDG BUILDING CMU CONCRETE MASONRY UNIT CO CLEANOUT COMM COMMUNICATIONS DI DROP INLET E ELECTRICAL (E) / EX EXISTING FF FINISH FLOOR ELEVATION FG FINISHED GRADE ABBREVIATIONS FS FINISHED SURFACE FW FIRE WATER SERVICE GB GRADE BREAK INV INVERT (N) NEW PCS POWER CONVERSION SYSTEM PP POWER POLE PROP PROPOSED ROW RIGHT OF WAY S SLOPE SCE SOUTHERN CALIFORNIA EDISON SD STORM DRAIN SDMH STORM DRAIN MANHOLE SWR SEWER TEL TELEPHONE TG TOP OF GRATE TI TRAFFIC INDEX TYP TYPICAL WTR WATER XFMR TRANSFORMER 184
BW (N. END,

0.6' N. OF P.L.)

CHAIN LINK FENCE
(0.4' N. OF P.L.)
S
M M BENSON AVE. PROPERTY LINE PROPERTY LINE DANIELS ST. 1 1
1 1
3 3
7 5
4 8 22 14 14 21 13
2 11 12 20 1710 10 10 16 28.0' 33.0'18
1 2
2 2 15
8 EXISTING AND ULTIMATE PROPERTY/ R.O.W LINE DRAWING NO. REVIEWED BY: CHECKED BY: SCALE: DATE: REVISION NO. DRAWN BY: DESIGNED BY: PROJECT NO. DRAWING TITLE 251511 04/08/2026 DIRAC BESS 13925 BENSON AVE, CHINO, CA 91710 CITY OF CHINO www.coffman.com ph 818.698.8448 6320 Canoga Avenue, Suite 1300 Woodland Hills, CA 91367 NO. DATE DESCRIPTION BY REVISIONS PRELIMINARY NOT FOR CONSTRUCTION 04/08/2026 CUP RESUBMITTAL CEI PRELIMINARY UTILITY PLAN 30 15 30 60 SCALE: FEET 0 1 INCH = 30 C6.1 1" = 30' MWT JK MWT JRA
MATCHLINE - SEE SHEET C6.2 FOR CONTINUATION LEGEND PROPERTY LINE STREET CENTERLINE EX. ELECTRICAL LINE EX. FENCE EX. FIRE SERVICE LINE EX. GAS LINE EX. STORM DRAIN MAIN EX. TELEPHONE LINE EX. WATER MAIN EX. SEWER MAIN EX. RECYCLED WATER MAIN PROP. SECURITY FENCE PROP. STORM DRAIN LINE PROP. WATER LINE PROP. SEWER LINE PROP. RECYCLED WATER LINE PROPOSED LANDSCAPING AREA (SEE LANDSCAPE PLANS FOR MORE INFORMATION) PROPOSED STREETLIGHT UTILITY KEYNOTES PROPOSED 6" PVC FIRE WATER LINE PROPOSED 6" FIRE HYDRANT PER CITY OF CHINO STD. 445A PROPOSED 6" PVC SEWER LINE PER CITY OF CHINO STD. 500A CONNECT TO EXISTING SEWER MANHOLE PER CITY OF CHINO STD. 515 PARKWAY LANDSCAPE IRRIGATION POC DOMESTIC WATER POC FOR PROPOSED O&M BUILDING PROPOSED 3/4" PVC DOMESTIC WATER LINE CONNECT TO EXISTING WATER SYSTEM PROPOSED BACKFLOW PREVENTION ASSEMBLY REDUCED PRESSURE DEVICE FOR RECYCLED WATER 2" AND SMALLER PER CITY OF CHINO STD. 471 PROPOSED 3/4" WATER METER FOR RECYCLED WATER CONSTRUCTED PER CITY OF CHINO STD. 405A PROPOSED BACKFLOW PREVENTION ASSEMBLY REDUCED PRESSURE DEVICE FOR DOMESTIC WATER 3" AND LARGER PER CITY OF CHINO STD. 472 PROPOSED SEWER CLEANOUT PER CITY OF CHINO STD. 527 PROPOSED GATE VALVE FOR DOMESTIC WATER PER CITY OF CHINO STD. 450 SEWER POC FOR PROPOSED O&M BUILDING PROPOSED GATE VALVE FOR RECYCLED WATER PER CITY OF CHINO STD. 450 PROPOSED 3/4" PVC RECYCLED WATER LINE PROPOSED GATE VALVE FOR FIRE WATER PER CITY OF CHINO STD. 450 PROPOSED 3/4" WATER METER FOR DOMESTIC WATER CONSTRUCTED PER CITY OF CHINO STD. 405A PROPOSED BACKFLOW PREVENTION ASSEMBLY REDUCED PRESSURE DEVICE FOR DOMESTIC WATER 2" AND SMALLER PER CITY OF CHINO STD. 471 1234578101112131415161718202122 PROPOSED PROPOSED FIRE HYDRANT AB AGGREGATE BASE AC ASPHALT CONCRETE AUX AUXILIARY BESS BATTERY ENERGY STORAGE SYSTEM BLDG BUILDING CMU CONCRETE MASONRY UNIT CO CLEANOUT COMM COMMUNICATIONS DI DROP INLET E ELECTRICAL (E) / EX EXISTING FF FINISH FLOOR ELEVATION FG FINISHED GRADE ABBREVIATIONS FS FINISHED SURFACE FW FIRE WATER SERVICE GB GRADE BREAK INV INVERT (N) NEW PCS POWER CONVERSION SYSTEM PP POWER POLE PROP PROPOSED ROW RIGHT OF WAY

S SLOPE SCE SOUTHERN CALIFORNIA EDISON SD STORM DRAIN SDMH STORM DRAIN MANHOLE SWR SEWER TEL TELEPHONE TG TOP OF GRATE TI TRAFFIC INDEX TYP TYPICAL WTR WATER XFMR TRANSFORMER 185
TELEPHONE PB COMMUNICATIONS PB STREET LIGHT SEWER MH FIRE HYDRANT WATER VALVE WATER METER BACK FLOW DEVICE WATER VALVE SEWER MH WATER VALVE STREET LIGHT WATER VALVE FIRE HYDRANT WATER VALVE WATER VALVE WATER VALVE CONCRETE CURB W/ GUTTER (TYP) SIGN BOARD (2.0' E. OF P.L.) BW (S. FACE,

0.5' N. OF P.L.)

CONCRETE GUTTER
BW (S. FACE,

0.4' N. OF P.L.)

CHAIN LINK FENCE
(0.8' N. OF P.L.) TELEPHONE VAULT
OAKS AVENUE 60'
CL 685
688
687
686
685 TELEPHONE RISER

M PROPERTY LINE PROPERTY LINE
OAKS AVE.
1 1
1 1
1 1
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1 10 14 11 12 1710 16 30.0' CL TO EX ROW PROPOSED SCE UNDERGROUND GEN-TIE 2 2
2 2 20 DRAWING NO. REVIEWED BY: CHECKED BY: SCALE: DATE: REVISION NO. DRAWN BY: DESIGNED BY: PROJECT NO. DRAWING TITLE 251511 04/08/2026 DIRAC BESS 13925 BENSON AVE, CHINO, CA 91710 CITY OF CHINO www.coffman.com ph 818.698.8448 6320 Canoga Avenue, Suite 1300 Woodland Hills, CA 91367 NO. DATE DESCRIPTION BY REVISIONS PRELIMINARY NOT FOR CONSTRUCTION 04/08/2026 CUP RESUBMITTAL CEI PRELIMINARY UTILITY PLAN 30 15 30 60 SCALE: FEET 0 1 INCH = 30 C6.2 1" = 30' MWT JK MWT JRA
MATCHLINE - SEE SHEET C6.1 FOR CONTINUATION LEGEND EX. ELECTRICAL LINE EX. FENCE EX. FIRE SERVICE LINE EX. GAS LINE EX. STORM DRAIN MAIN EX. TELEPHONE LINE EX. WATER MAIN EX. SEWER MAIN PROP. SECURITY FENCE PROP. STORM DRAIN LINE PROP. WATER LINE PROP. SEWER LINE PROP. SCE UNDERGROUND GEN-TIE AB AGGREGATE BASE AC ASPHALT CONCRETE AUX AUXILIARY BESS BATTERY ENERGY STORAGE SYSTEM BLDG BUILDING CMU CONCRETE MASONRY UNIT CO CLEANOUT COMM COMMUNICATIONS DI DROP INLET E ELECTRICAL (E) / EX EXISTING FF FINISH FLOOR ELEVATION FG FINISHED GRADE ABBREVIATIONS FS FINISHED SURFACE FW FIRE WATER SERVICE GB GRADE BREAK INV INVERT (N) NEW PCS POWER CONVERSION SYSTEM PP POWER POLE PROP PROPOSED ROW RIGHT OF WAY S SLOPE SCE SOUTHERN CALIFORNIA EDISON SD STORM DRAIN SDMH STORM DRAIN MANHOLE SWR SEWER TEL TELEPHONE TG TOP OF GRATE TI TRAFFIC INDEX TYP TYPICAL WTR WATER XFMR TRANSFORMER PROPOSED LANDSCAPING AREA (SEE LANDSCAPE PLANS FOR MORE INFORMATION) PROPOSED STREETLIGHT UTILITY KEYNOTES PROPOSED 6" PVC FIRE WATER LINE PROPOSED 6" FIRE HYDRANT PER CITY OF CHINO STD. 445A PROPOSED DOMESTIC WATER LINE FOR PARKWAY LANDSCAPE IRRIGATION CONNECT TO EXISTING WATER SYSTEM PROPOSED BACKFLOW PREVENTION ASSEMBLY REDUCED PRESSURE DEVICE FOR RECYCLED WATER 2" AND SMALLER PER CITY OF CHINO STD. 471 PROPOSED 3/4" WATER METER FOR RECYCLED WATER CONSTRUCTED PER CITY OF CHINO STD. 405A PROPOSED SEWER CLEANOUT PER CITY OF CHINO STD. 527 PROPOSED GATE VALVE FOR RECYCLED WATER PER CITY OF CHINO STD. 450 PROPOSED GATE VALVE FOR FIRE WATER PER CITY OF CHINO STD. 450 126101112141720 PROPOSED PROPOSED FIRE HYDRANT
186
BW (N. END, 0.6' N. OF P.L.) CHAIN LINK FENCE
(0.4' N. OF P.L.)
ACCESS ACCESS S M M M 6' EXISTING SCE EASEMENT TO BE VACATED BOOK 7750, PAGE 372, O.R.

BENSON AVE. RECORD OWNER: EQUIPMENT VALLEY INVESTMENTS LLC APN: 1021-211-06-0000 OAKS AVE. CL CL CL CL DANIELS ST. RECORD OWNER: REXFORD INDUSTRIAL 13925 BENSON LLC APN: 1021-211-02-6000 RECORD OWNER: FREWING PROPERTIES SOESTERN LLC APN: 1021-121-11-0000 RECORD OWNER: FURCOLOW MARIA MARGARET TRUST ELBERTSE TRUST /96 APN: 1021-121-07-0000 RECORD OWNER: SHEA CENTER CHINO LLC APN: 1021-121-05-0000 RECORD OWNER: HELMAR INDUSTRIAL PROPERTIES LLC APN: 1021-211-05-0000 RECORD OWNER: SOUTHERN CALIFORNIA EDISON COMPANY APN: 1021-211-01-0000 10' CMU WALL, SEE 1/C7.3 26.00' DOUBLE SWING GATE, SEE 2/C7.3 26.00' DOUBLE SWING GATE, SEE 2/C7.3 10' CMU WALL, SEE 1/C7.3 26.00' INTERIOR CHAIN LINK FENCE 26.00' INTERIOR CHAIN LINK FENCE 10' CMU WALL, SEE 1/C7.3 DECORATIVE PILASTERS SPACED EVERY 100' AND AT CORNERS ALONG PUBLIC ROW DECORATIVE PILASTERS SPACED EVERY 100' AND AT CORNERS ALONG PUBLIC ROW DRAWING NO. REVIEWED BY: CHECKED BY: SCALE: DATE: REVISION NO. DRAWN BY: DESIGNED BY: PROJECT NO. DRAWING TITLE 251511 04/08/2026 DIRAC BESS 13925 BENSON AVE, CHINO, CA 91710 CITY OF CHINO www.coffman.com ph 818.698.8448 6320 Canoga Avenue, Suite 1300 Woodland Hills, CA 91367 NO. DATE DESCRIPTION BY REVISIONS PRELIMINARY NOT FOR CONSTRUCTION 04/08/2026 CUP RESUBMITTAL CEI PRELIMINARY FENCING KEY MAP 60 30 60 120 SCALE: FEET 0 1 INCH = 60 C7.0 1" = 60' MWT JK MWT JRA C7.2 C7.1 187
S M M BENSON AVE. PROPERTY LINE PROPERTY LINE DANIELS ST. 10' CMU WALL, SEE 1/C7.3 26.00' DOUBLE SWING GATE, SEE 2/C7.3 DECORATIVE PILASTERS SPACED EVERY 100' AND AT CORNERS ALONG PUBLIC ROW 33.0' CL TO EX ROW DRAWING NO. REVIEWED BY: CHECKED BY: SCALE: DATE: REVISION NO. DRAWN BY: DESIGNED BY: PROJECT NO. DRAWING TITLE 251511 04/08/2026 DIRAC BESS 13925 BENSON AVE, CHINO, CA 91710 CITY OF CHINO www.coffman.com ph 818.698.8448 6320 Canoga Avenue, Suite 1300 Woodland Hills, CA 91367 NO. DATE DESCRIPTION BY REVISIONS PRELIMINARY NOT FOR CONSTRUCTION 04/08/2026 CUP RESUBMITTAL CEI PRELIMINARY FENCING PLAN 30 15 30 60 SCALE: FEET 0 1 INCH = 30 C7.1 1" = 30' MWT JK MWT JRA LEGEND PROPERTY LINE STREET CENTERLINE EX. ELECTRICAL LINE EX. FENCE EX. FIRE SERVICE LINE EX. GAS LINE EX. STORM DRAIN MAIN EX. TELEPHONE LINE EX. WATER MAIN EX. SEWER MAIN PROP. SECURITY FENCE PROP. STORM DRAIN LINE PROP. WATER LINE PROP. SEWER LINE PROP. CMU WALL PROPOSED HEAVY DUTY VEHICULAR ASPHALT PAVEMENT WITH 5.0" A.C. OVER 8.0" CL. II A.B.

MATCHLINE - SEE SHEET C3.2 FOR CONTINUATION PROPOSED LANDSCAPING AREA (SEE LANDSCAPE PLANS FOR MORE INFORMATION) PROPOSED ENHANCED HEAVY-DUTY CONCRETE PAVEMENT AB AGGREGATE BASE AC ASPHALT CONCRETE AUX AUXILIARY BESS BATTERY ENERGY STORAGE SYSTEM BLDG BUILDING CMU CONCRETE MASONRY UNIT CO CLEANOUT COMM COMMUNICATIONS DI DROP INLET E ELECTRICAL (E) / EX EXISTING FF FINISH FLOOR ELEVATION FG FINISHED GRADE ABBREVIATIONS FS FINISHED SURFACE FW FIRE WATER SERVICE GB GRADE BREAK INV INVERT (N) NEW PCS POWER CONVERSION SYSTEM PP POWER POLE PROP PROPOSED ROW RIGHT OF WAY S SLOPE SCE SOUTHERN CALIFORNIA EDISON SD STORM DRAIN SDMH STORM DRAIN MANHOLE SWR SEWER TEL TELEPHONE TG TOP OF GRATE TI TRAFFIC INDEX TYP TYPICAL WTR WATER XFMR TRANSFORMER 188
ACCESS ACCESS 685 688 687 686 685 M PROPERTY LINE PROPERTY LINE OAKS AVE. RECORD OWNER: EQUIPMENT VALLEY INVESTMENTS LLC APN: 1021-211-06-0000 CL CL RECORD OWNER: SHEA CENTER CHINO LLC APN: 1021-121-05-0000 RECORD OWNER: HELMAR INDUSTRIAL PROPERTIES LLC APN: 1021-211-05-0000 26.00' DOUBLE SWING GATE, SEE 2/C7.3 10' CMU WALL, SEE 1/C7.3 26.00' INTERIOR CHAIN LINK FENCE 26.00' INTERIOR CHAIN LINK FENCE 10' CMU WALL, SEE 1/C7.3 DECORATIVE PILASTERS SPACED EVERY 100' AND AT CORNERS ALONG PUBLIC ROW 30.0' CL TO EX ROW 33.0' CL TO ULTIMATE ROW DRAWING NO. REVIEWED BY: CHECKED BY: SCALE: DATE: REVISION NO. DRAWN BY: DESIGNED BY: PROJECT NO. DRAWING TITLE 251511 04/08/2026 DIRAC BESS 13925 BENSON AVE, CHINO, CA 91710 CITY OF CHINO www.coffman.com ph 818.698.8448 6320 Canoga Avenue, Suite 1300 Woodland Hills, CA 91367 NO. DATE DESCRIPTION BY REVISIONS PRELIMINARY NOT FOR CONSTRUCTION 04/08/2026 CUP RESUBMITTAL CEI PRELIMINARY FENCING PLAN 30 15 30 60 SCALE: FEET 0 1 INCH = 30 C7.2 1" = 30' MWT JK MWT JRA MATCHLINE - SEE SHEET C3.1 FOR CONTINUATION LEGEND PROPERTY LINE STREET CENTERLINE EX. ELECTRICAL LINE EX. FENCE EX. FIRE SERVICE LINE EX. GAS LINE EX. STORM DRAIN MAIN EX. TELEPHONE LINE EX. WATER MAIN EX. SEWER MAIN PROP. SECURITY FENCE PROP. STORM DRAIN LINE PROP. WATER LINE PROP. SEWER LINE PROP. CMU WALL PROPOSED HEAVY DUTY VEHICULAR ASPHALT PAVEMENT WITH 5.0" A.C. OVER 8.0" CL. II A.B. PROPOSED LANDSCAPING AREA (SEE LANDSCAPE PLANS FOR MORE INFORMATION) PROPOSED ENHANCED HEAVY-DUTY CONCRETE PAVEMENT AB AGGREGATE BASE AC ASPHALT CONCRETE AUX AUXILIARY BESS BATTERY ENERGY STORAGE SYSTEM BLDG BUILDING CMU CONCRETE MASONRY UNIT CO CLEANOUT COMM COMMUNICATIONS DI DROP INLET E ELECTRICAL (E) / EX EXISTING FF FINISH FLOOR ELEVATION FG FINISHED GRADE ABBREVIATIONS FS FINISHED SURFACE FW FIRE WATER SERVICE GB GRADE BREAK INV INVERT (N) NEW PCS POWER CONVERSION SYSTEM PP POWER POLE PROP PROPOSED ROW RIGHT OF WAY S SLOPE SCE SOUTHERN CALIFORNIA EDISON SD STORM DRAIN SDMH STORM DRAIN MANHOLE SWR SEWER TEL TELEPHONE TG TOP OF GRATE TI TRAFFIC INDEX TYP TYPICAL WTR WATER XFMR TRANSFORMER 189
FINISHED GRADE GATE FRAME (PER MANUFACTURER'S REQUIREMENTS) GATE POSTS TO BE SIZED (PER MANUFACTURER'S RECOMMENDATIONS) FORK LATCH CHAIN W/ LOCK 5" MAX, 2" MIN GAP BETWEEN GATE & FINISHED GRADE 24" SQUARE PILASTER WITH DECORATIVE CAP SOLID BLACK METAL GATE (TYP.) DECORATIVE WALL CAP DECORATIVE WALL CAP DRAWING NO. REVIEWED BY: CHECKED BY: SCALE: DATE: REVISION NO. DRAWN BY: DESIGNED BY: PROJECT NO. DRAWING TITLE 251511 04/08/2026 DIRAC BESS 13925 BENSON AVE, CHINO, CA 91710 CITY OF CHINO www.coffman.com ph 818.698.8448 6320 Canoga Avenue, Suite 1300 Woodland Hills, CA 91367 NO. DATE DESCRIPTION BY REVISIONS PRELIMINARY NOT FOR CONSTRUCTION 04/08/2026 CUP RESUBMITTAL CEI FENCING DETAILS C7.3 1" = 30' MWT JK MWT JRA FOUNDATION OR CAST-IN-PLACE PIERS SCALE: 1C7.3 CMU WALL DETAIL NTS SCALE: 2C7.3 FENCE GATE DETAIL NTS 4'-0"
MIN 12" SHEPARD HOOKS @ 6" O.C. TYP FENCING/WALL NOTES: 1. PILASTERS SHALL BE PROVIDED WITH A DECORATIVE CAP AND AN 8" GAP SHALL BE PROVIDED BETWEEN THE TOP OF THE WALL AND PILASTER CAP. THE PILASTER SHALL SITE HIGHER THAN THE TOP OF THE WALL. 2. DECORATIVE CAP SHALL BE ADDED TO THE WALL. 3. COLORS OF WALLS SHALL BE COMPLEMENTARY TO ADJACENT BUILDING, SUCH AS GRAY OR TAN. 4. 24" SQUARE PILASTERS WITH A DECORATIVE CAP SHALL BE PROVIDED TO END WALL TRANSITIONS TO FENCING AND GATES. 5. PILASTERS LOCATED WITH SPACING OF 100' ON WALLS ALONG THE PUBLIC ROW. 6. WALL WILL BE COMPRISED OF CONCRETE MASONRY UNITS (CMUs). MASONRY PILASTER PER CITY OF CHINO DETAIL BELOW STANDARD PYRAMIDAL WITH SMOOTH EDGES DECORATIVE CAP TYP SCALE: 3C7.3 DECORATIVE CAP NTS DECORATIVE WALL CAP 190
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BENSON AVE.

OAKS AVE. M M M S DRAWING NO. REVIEWED BY: CHECKED BY: SCALE: DATE: REVISION NO. DRAWN BY: DESIGNED BY: PROJECT NO. DRAWING TITLE 251511 04/08/2026 DIRAC BESS 13925 BENSON AVE, CHINO, CA 91710 CITY OF CHINO www.coffman.com ph 818.698.8448 6320 Canoga Avenue, Suite 1300 Woodland Hills, CA 91367 NO. DATE DESCRIPTION BY REVISIONS PRELIMINARY NOT FOR CONSTRUCTION 04/08/2026 CUP RESUBMITTAL CEI PUBLIC IMPROVEMENT KEY MAP 60 30 60 120 SCALE: FEET 0 1 INCH = 60 C8.0 1" = 60' MWT JK MWT JRA C8.2 C8.1 C8.3 60 30 60 120 SCALE: FEET 0 1 INCH = 60 2 21' 1.5 7.0' 5.0' 12' 5' PROP. SIDEWALK EX. CURB & GUTTER PROP. PARKWAY LANDSCAPING EX. AC PAVEMENT BENSON AVE. SECTION A-A 33' 221' EX. R/W 12' EX. LANDSCAPING 66' EXISTING RIGHT OF WAY 33' 33' 22' EX. R/W 11' EX. CURB & GUTTER EX. LANDSCAPING EX. AC PAVEMENT OAKS AVE. SECTION C-C 33' 222' 1.5 66' PROPOSED RIGHT OF WAY 2 EX. SIDEWALK 5' PROP. SIDEWALK 8.0' A A B B PROP. PARKWAY LANDSCAPE 8.0' D D PROP R/W EX R/W 5.0' 3' PROP. / EX. R/W C C OAKS AVE. SECTION B-B 33' 22' EX. R/W 11' EX. CURB & GUTTER EX. LANDSCAPING EX. AC PAVEMENT 33' 222' 1.5 66' PROPOSED RIGHT OF WAY 2 5' PROP. SIDEWALK5.0' PROP. PARKWAY LANDSCAPE6.0' EX. CURB & GUTTER 8.0' PROP. EX. R/W R/W 3.0' OAKS AVE. SECTION D-D 33' 22' EX. R/W 11' EX. CURB & GUTTER EX. LANDSCAPING EX. AC PAVEMENT 33' 222' 1.5 66' PROPOSED RIGHT OF WAY 2 5' PROP. SIDEWALK5.0' PROP. PARKWAY LANDSCAPE6.0' EX. CURB & GUTTER 8.0' PROP. EX. R/W R/W 3.0' 19.0' 191
S
BENSON AVE. PROPERTY LINE PROPERTY LINE DANIELS ST. M M 26.0' 33.0' 20.9' S 2 3 3 4 3 3 1 PROPERTY LINE THERE WILL BE A SEPARATE STREET PLAN PREPARED FOR SIDEWALK, CURB RAMP, AND CROSSWALK IMPROVEMENT PER INFORMATION FROM RECORD DRAWING AA-5984. 21' CL TO CURB

26.0' EXISTING AND ULTIMATE PROPERTY/ R.O.W LINE 33.0' CL TO ULTIMATE ROW 7.0'5.0' BENSON AVE. DRAWING NO. REVIEWED BY: CHECKED BY: SCALE: DATE: REVISION NO. DRAWN BY: DESIGNED BY: PROJECT NO. DRAWING TITLE 251511 04/08/2026 DIRAC BESS 13925 BENSON AVE, CHINO, CA 91710 CITY OF CHINO www.coffman.com ph 818.698.8448 6320 Canoga Avenue, Suite 1300 Woodland Hills, CA 91367 NO. DATE DESCRIPTION BY REVISIONS PRELIMINARY NOT FOR CONSTRUCTION 04/08/2026 CUP RESUBMITTAL CEI PUBLIC IMPROVEMENT PLAN 30 15 30 60 SCALE: FEET 0 1 INCH = 30 C8.1 1" = 30' MWT JK MWT JRA LEGEND PROP. SECURITY FENCE PER ON-SITE IMPROVEMENTS PROP. STORM DRAIN LINE PER ON-SITE IMPROVEMENTS PROP. WATER LINE PER ON-SITE IMPROVEMENTS PROP. SEWER LINE PER ON-SITE IMPROVEMENTS PROP. CMU WALL PER ON-SITE IMPROVEMENTS PROPOSED SIDEWALK PER CITY OF CHINO STD. 230 AB AGGREGATE BASE AC ASPHALT CONCRETE AUX AUXILIARY BESS BATTERY ENERGY STORAGE SYSTEM BLDG BUILDING CMU CONCRETE MASONRY UNIT CO CLEANOUT COMM COMMUNICATIONS DI DROP INLET E ELECTRICAL (E) / EX EXISTING FF FINISH FLOOR ELEVATION FG FINISHED GRADE ABBREVIATIONS MATCHLINE - SEE SHEET C8.2 FOR CONTINUATION FS FINISHED SURFACE FW FIRE WATER SERVICE GB GRADE BREAK INV INVERT (N) NEW PCS POWER CONVERSION SYSTEM PP POWER POLE PROP PROPOSED ROW RIGHT OF WAY S SLOPE SCE SOUTHERN CALIFORNIA EDISON SD STORM DRAIN SDMH STORM DRAIN MANHOLE PROPOSED LANDSCAPING AREA (SEE LANDSCAPE PLANS FOR MORE INFORMATION) SWR SEWER TEL TELEPHONE TG TOP OF GRATE TI TRAFFIC INDEX TYP TYPICAL WTR WATER XFMR TRANSFORMER PROPOSED ENHANCED HEAVY-DUTY CONCRETE PAVEMENT SITE KEYNOTES DRIVEWAY SHALL BE CONSTRUCTED PER CITY OF CHINO STD. 250. FOR COMMERCIAL/INDUSTRIAL DRIVEWAYS PROPOSED 6.0'-WIDE PUBLIC SIDEWALK CONSTRUCTED PER CITY OF CHINO STD. 230 PROPOSED CURB RAMP DIRECTIONAL PERPENDICULAR PER NO. 1111 PROPOSED PUBLIC STREETLIGHT. FINAL LOCATION TO BE DETERMINED AND VERIFICATION FOR PROPER LIGHTING UPON FURTHER COORDINATION WITH CITY. 1234 192

PROPERTY LINE PROPERTY LINE
OAKS AVE. M 6.0' 3' STREET DEDICATION ULTIMATE PROPERTY LINE 4 1 22.0' CL TO CURB 30.0' CL TO EX ROW 5.0' 5.0' 3' STREET DEDICATION ULTIMATE PROPERTY LINE EXISTING PROPERTY LINE 33.0' CL TO ULTIMATE ROW 13.0' SIDEWALK EASEMENT TO BE PROVIDED FOR PRIVATE PROPERTY SEE PUBLIC IMPROVEMENTS SOUTH PER SHEET C8.3 DRAWING NO. REVIEWED BY: CHECKED BY: SCALE: DATE: REVISION NO. DRAWN BY: DESIGNED BY: PROJECT NO. DRAWING TITLE 251511 04/08/2026 DIRAC BESS 13925 BENSON AVE, CHINO, CA 91710 CITY OF CHINO www.coffman.com ph 818.698.8448 6320 Canoga Avenue, Suite 1300 Woodland Hills, CA 91367 NO. DATE DESCRIPTION BY REVISIONS PRELIMINARY NOT FOR CONSTRUCTION 04/08/2026 CUP RESUBMITTAL CEI PUBLIC IMPROVEMENT PLAN 30 15 30 60 SCALE: FEET 0 1 INCH = 30 C8.2 1" = 30' MWT JK MWT JRA MATCHLINE - SEE SHEET C8.3 FOR CONTINUATION AB AGGREGATE BASE AC ASPHALT CONCRETE AUX AUXILIARY BESS BATTERY ENERGY STORAGE SYSTEM BLDG BUILDING CMU CONCRETE MASONRY UNIT CO CLEANOUT COMM COMMUNICATIONS DI DROP INLET E ELECTRICAL (E) / EX EXISTING FF FINISH FLOOR ELEVATION FG FINISHED GRADE ABBREVIATIONS FS FINISHED SURFACE FW FIRE WATER SERVICE GB GRADE BREAK INV INVERT (N) NEW PCS POWER CONVERSION SYSTEM PP POWER POLE PROP PROPOSED ROW RIGHT OF WAY S SLOPE SCE SOUTHERN CALIFORNIA EDISON SD STORM DRAIN SDMH STORM DRAIN MANHOLE SWR SEWER TEL TELEPHONE TG TOP OF GRATE TI TRAFFIC INDEX TYP TYPICAL WTR WATER XFMR TRANSFORMER SITE KEYNOTES DRIVEWAY SHALL BE CONSTRUCTED PER CITY OF CHINO STD. 250. FOR COMMERCIAL/INDUSTRIAL DRIVEWAYS PROPOSED PUBLIC STREETLIGHT. FINAL LOCATION TO BE DETERMINED AND VERIFICATION FOR PROPER LIGHTING UPON FURTHER COORDINATION WITH CITY. 14 LEGEND PROP. SECURITY FENCE PER ON-SITE IMPROVEMENTS PROP. STORM DRAIN LINE PER ON-SITE IMPROVEMENTS PROP. WATER LINE PER ON-SITE IMPROVEMENTS PROP. SEWER LINE PER ON-SITE IMPROVEMENTS PROP. CMU WALL PER ON-SITE IMPROVEMENTS PROPOSED LANDSCAPING AREA (SEE LANDSCAPE PLANS FOR MORE INFORMATION) PROPOSED ENHANCED HEAVY-DUTY CONCRETE PAVEMENT PROPOSED SIDEWALK PER CITY OF CHINO STD. 230 193
E RECORD OWNER: EQUIPMENT VALLEY INVESTMENTS LLC APN: 1021-211-06-0000 OAKS AVE. FREEDOM CT. CL E5.0' 6.0' 8 EXISTING PROPERTY LINE EXISTING PROPERTY LINE 30.0' CL TO EX ROW 7 2 SEE PUBLIC IMPROVEMENTS NORTH PER SHEET C8.2 3' STREET DEDICATION TO ULTIMATE PROPERTY LINE ULTIMATE PROPERTY LINE 33.0' CL TO EX ROW DRAWING NO. REVIEWED BY: CHECKED BY: SCALE: DATE: REVISION NO. DRAWN BY: DESIGNED BY: PROJECT NO. DRAWING TITLE 251511 04/08/2026 DIRAC BESS 13925 BENSON AVE, CHINO, CA 91710 CITY OF CHINO www.coffman.com ph 818.698.8448 6320 Canoga Avenue, Suite 1300 Woodland Hills, CA 91367 NO. DATE DESCRIPTION BY REVISIONS PRELIMINARY NOT FOR CONSTRUCTION 04/08/2026 CUP RESUBMITTAL CEI PUBLIC IMPROVEMENT PLAN 10 5 10 20 SCALE: FEET 0 1 INCH = 10 C8.3 1" = 10' MWT JK MWT JRA AB AGGREGATE BASE AC ASPHALT CONCRETE AUX AUXILIARY BESS BATTERY ENERGY STORAGE SYSTEM BLDG BUILDING CMU CONCRETE MASONRY UNIT CO CLEANOUT COMM COMMUNICATIONS DI DROP INLET E ELECTRICAL (E) / EX EXISTING FF FINISH FLOOR ELEVATION FG FINISHED GRADE FS FINISHED SURFACE FW FIRE WATER SERVICE GB GRADE BREAK INV INVERT (N) NEW PCS POWER CONVERSION SYSTEM PP POWER POLE PROP PROPOSED ROW RIGHT OF WAY S SLOPE SCE SOUTHERN CALIFORNIA EDISON SD STORM DRAIN SDMH STORM DRAIN MANHOLE SWR SEWER TEL TELEPHONE TG TOP OF GRATE TI TRAFFIC INDEX TYP TYPICAL WTR WATER XFMR TRANSFORMER ABBREVIATIONS SITE KEYNOTES PROPOSED 6.0'-WIDE PUBLIC SIDEWALK CONSTRUCTED PER CITY OF CHINO STD. 230 TRENCH BACKFILL & ROADWAY REPAIR PER CITY OF CHINO STD.109 A CONNECT TO EXISTING SIDEWALK 278 LEGEND PROP. SECURITY FENCE PER ON-SITE IMPROVEMENTS PROP. STORM DRAIN LINE PER ON-SITE IMPROVEMENTS PROP. WATER LINE PER ON-SITE IMPROVEMENTS PROP. SEWER LINE PER ON-SITE IMPROVEMENTS PROP. CMU WALL PER ON-SITE IMPROVEMENTS PROPOSED LANDSCAPING AREA (SEE LANDSCAPE PLANS FOR MORE INFORMATION) PROPOSED ENHANCED HEAVY-DUTY CONCRETE PAVEMENT PROPOSED SIDEWALK PER CITY OF CHINO STD. 230 OAKS AVE. SECTION D-D PROPOSED 33' 22' EX. R/W 11' EX. CURB & GUTTER EX. LANDSCAPING EX. AC PAVEMENT 33' 222' 1.5 66' PROPOSED RIGHT OF WAY 2 5' PROP. SIDEWALK5.0' PROP. PARKWAY LANDSCAPE6.0' EX. CURB & GUTTER 8.0' PROP. EX. R/W R/W 3.0' D D OAKS AVE. SECTION D-D EXISTING 30' 22' EX. R/W 8' EX. CURB & GUTTER EX. LANDSCAPING EX. AC PAVEMENT 30' 222' 1.5 60' EXISTING RIGHT OF WAY2 EX. PARKWAY LANDSCAPE EX. CURB & GUTTER 8.0' EX. R/W 194
M M M ACCESS ACCESS 685 688 687 686 685 680681 682 683683 682683 684 682 683 682 681 684 685 686 687 686 687 687 686 687 687 688 688 688 688 690 688 686 684 E S OAKS AVE. FREEDOM CT. 6' EXISTING SCE EASEMENT TO BE VACATED BOOK 7750, PAGE 372, O.R.

BENSON AVE.

OAKS AVE. CL CL CL CL DANIELS ST. RECORD OWNER: REXFORD INDUSTRIAL 13925 BENSON LLC APN: 1021-211-02-6000 RECORD OWNER: SOUTHERN CALIFORNIA EDISON COMPANY APN: 1021-211-01-0000 45It Bus Design VeKiFle
45It Bus Design VeKiFle
45It Bus Design VeKiFle 8.5' 45.0' DRAWING NO. REVIEWED BY: CHECKED BY: SCALE: DATE: REVISION NO. DRAWN BY: DESIGNED BY: PROJECT NO. DRAWING TITLE 251511 04/08/2026 DIRAC BESS 13925 BENSON AVE, CHINO, CA 91710 CITY OF CHINO www.coffman.com ph 818.698.8448 6320 Canoga Avenue, Suite 1300 Woodland Hills, CA 91367 NO. DATE DESCRIPTION BY REVISIONS PRELIMINARY NOT FOR CONSTRUCTION 04/08/2026 CUP RESUBMITTAL CEI TRUCK TURN EXHIBIT 50 25 50 100 SCALE: FEET 0 1 INCH = 50 1" = 60' ZA KB C9.0 FIRE TRUCK NOTES - 8.5' X 45' TRUCK 30°60° 90° 120° 150°

OuteU WKeel

44.051ItMin Radius 180° 25.035ItMin Radius
InneU WKeel

48.208ItMin Radius
OuteU Bod\

24.552It Ma[ KiFNout 0.965It VeKiFle TUaFNing V25.00.2775 20240226

F
AutodesN, InF. ZZZ.AutodesN.FoP Title: 45It Bus Design VeKiFle Notes: TuUn s
Eased uSon a design sSeed oI 5.00PSK.
195
BENSON AVE.

OAKS AVE. NORTH 0 60' 120' EMERGENCY RESPONSE PLAN IS FOR THE BESS YARD ONLY. THE FOLLOWING IS A HIGH-LEVEL OVERVIEW OF THE RESPONSE PLAN. REFER TO THE EMERGENCY RESPONSE PLAN REPORT LOCATED WITHIN THE FCC NEMA ENCLOSURE FOR COMPLETE PROCEDURES. ADDRESS: 13925 BENSON AVE., 13822 OAKS AVE. & 13910 OAKS AVE. CHINO, CA 91710 PARCEL: APN: 1021-211-02-6000, 1021-121-05-0000, & 1021-211-05-0000 ZONING: CURRENTLY, M-2 (GENERAL INDUSTRIAL) DEVELOPMENT DISTURBED AREA: 7.7 ACRES (BESS YARD) PROJECT INFORMATION SITE 1. FIRE ACCESS: 26 FOOT MINIMUM ACCESS ROAD WIDTH WITH 13.5 FEET VERTICAL CLEARANCE HEIGHT. 2. TURNING RADIUS OF 28 FEET INSIDE AND 54 FEET OUTSIDE. 3. ACCESS ROAD SURFACE IS CAPABLE OF SUPPORTING FIRE TRUCKS/ EQUIPMENT WEIGHING UP TO 75,000 POUNDS. 4. ACCESS ROAD IS LOCATED TO ALLOW FOR 150 FT HOSE PULL DISTANCES TO ALL EXTERIOR PORTIONS OF THE BESS ENCLOSURES. 5. FIRE HYDRANT SPACING LENGTH SHALL NOT EXCEED 600 FEET FOR GROUP U OCCUPANCIES 6. MANUAL PULLSTATIONS WILL BE MOUNTED WITHIN THE FCC NEMA 4 ENCLOSURE. 7. FCC WHICH CONTAINS THE FIRE ALARM CONTROL PANEL (FACP) IS LOCATED AT LEAST 75FT AWAY FROM NEAREST BESS ENCLOSURE. 8. ENCLOSURE CABINETS ARE UNOCCUPIABLE. DO NOT OPEN IN AN EMERGENCY EVENT. BATTERY ENCLOSURE 1. EACH ESS ENCLOSURE WILL HAVE THE FOLLOWING: · (1) FACP · (3) SMOKE DETECTORS · (2) HEAT DETECTORS · (1) GAS DETECTOR · PASSIVE OVERPRESSURE RELIEF VENTS - PER NFPA 68 · EXPLOSION PREVENTION EXHAUST SYSTEM - PER NFPA 69 2. EACH ESS ENCLOSURE WILL NOT HAVE THE FOLLOWING (PER UL9540A TESTING): · DRY CHEMICAL FIRE SUPPRESSION · CLEAN AGENT (NOVEC 1230 OR FM-200) FIRE SUPPRESSION · INTERIOR FIRE SPRINKLER OR FIRE SUPPRESSION SYSTEM FIRE PROTECTION NOTES LEGEND GENERAL EMERGENCY 911 CANYON RIDGE HOSPITAL MEDICAL HEALTH CLINIC (909) 590-3700 AYPA REMOTE OPERATION CONTROL CENTER (713) 320-0896 EMERGENCY CONTACTS BATTERY ENCLOSURE INFORMATION BATTERY SYSTEM: SUNGROW (LI-ION BATTERIES) MODEL: POWERTITAN 2.0 NOMINAL BATTERY CAPACITY PER ENCLOSURE: 5015 kWh BATTERY INCLUDING AUGMENTATION (QTY): 684 MV TRANSFORMER (QTY): 86 FIRE HYDRANT SPACING PROPERTY LINE FENCE 10 FOOT HIGH CMU WALL ENERGY STORAGE SYSTEM (ESS) ENCLOSURE MEDIUM VOLTAGE TRANSFORMER (MVT) LANDSCAPING AREA (SEE LANDSCAPE PLANS FOR MORE INFORMATION) CFC § 1207.4.8 & NFPA 855 § 4.7.4.2 BATTERY ENCLOSURE SIGNAGE PROVIDED AT EACH SITE ENTRANCE OPEN TO THE BESS YARD - PER ANSI Z535 STANDARDS: HAZARDOUS MATERIAL SIGNAGE 0 10' 20' PROPOSED FIRE HYDRANT FIRE DEPARTMENT STAGING AREA FIRE COMMAND CENTER (FCC) BATTERY ENCLOSURE PCS EXISTING FIRE HYDRANT FIRE DEPARTMENT STAGING AREA 15'-0" KEY FIRE ACCESS BOX FOR KEYED ENTRY ENERGY STORAGE SYSTEMS LITHIUM ION BATTERY BATTERY ENERGIZED ELECTRICAL CIRCUITS SCE EMERGENCY CENTER (800) 611-19112'-0" 1'-6" 1½" TEXT SIZE 1" TEXT SIZE ALUMINUM SIGN WITH UV RESISTANT PRINT PROTECTION O&M BUILDING 6'-634" 6'-634"
6" SCALE: 1" = 60'-0" OVERALL BESS YARD SITE MAP 1 SCALE: 1' = 10'-0" TYPICAL BATTERY ROW SPACING 2 FCC 6'-634" BATTERY AUGMENTATION6" 5'-7" 545 FT584 FT
402 FT 455 FT 538 FT
277 FT
431 FT
KEY

KEY FCC
26'-0" 26'-0" 26'-0" 26'-0"
26'-0"
26'-0"
26'-0" 26'-0" 34'-8" PROPERTY EASEMENT ESS YARD AREA SUBSTATION AREA SHADED ESS GROUPS REPRESENT FUTURE AUGMENTATION (TYPICAL) ACCESS DRIVE SURFACING X X X X 123'-512" MAX HOSE PULL TO CENTER 381 FT SIGNAGE PROVIDED AT EACH FIRE ACCESS GATE ENTRANCE TO THE SITE. SIGNAGE SHALL BE ELECTRICALLY ILLUMINATED (BY 12-VOLT POWER SOURCE ONLY) BY INTERNAL MEANS DURING THE HOURS OF DARKNESS: 13822 OAKS AVE CHINO, CA 91710 ADDRESS NUMBER SHALL BE 8" HIGH WITH A 1" STROKE R28'-0" R28'-0" R28'-0" R28'-0" R28'-0" R54'-0" R28'-0" R28'-0" R28'-0" R28'-0" R28'-0" R28'-0" R54'-0" R28'-0" R28'-0" R54'-0" R28'-0" R28'-0" R54'-0" R28'-0" R28'-0" R28'-0" R28'-0" R28'-0" R54'-0" 5'-7"
9'-11"
26'-0"
503 FT
R28'-0"
26'-0" 26'-0" 26'-0" 241 FT DRAWING NO. REVIEWED BY: CHECKED BY: SCALE: DATE: REVISION NO. DRAWN BY: DESIGNED BY: PROJECT NO. DRAWING TITLE 251511 04/08/2026 DIRAC BESS 13925 BENSON AVE, CHINO, CA 91710 CITY OF CHINO www.coffman.com ph 818.698.8448 6320 Canoga Avenue, Suite 1300 Woodland Hills, CA 91367 NO. DATE DESCRIPTION BY REVISIONS PRELIMINARY NOT FOR CONSTRUCTION 04/08/2026 CUP RESUBMITTAL CEI FMP FIRE MASTER PLAN AS NOTED JAR JAR MSG MSG 196

MEMORANDUM

CITY OF CHINO

HUMAN RESOURCES DEPARTMENT
CITY COUNCIL MEETING DATE: OCTOBER 6, 2026
TO: LINDA REICH, CITY MANAGER
FROM: TERRY DOYLE, DIRECTOR OF HUMAN RESOURCES/RISK MANAGEMENT

SUBJECT
..titl e
Fund 630 Risk Management Budget Appropriation for Workers’ Compensation Claim Expenditures for FY 2025-26.
..end

RECOMMENDATION
Approve an appropriation in the amount of $277,742.99 from the Risk Management Fund (630) for workers’ compensation claim expenditures for FY2025-26, and authorize the City Manager to execute all necessary documents on behalf of the City. ..body

FISCAL IMPACT
Requires an appropriation in the amount of $277,742.99 from the available Risk Management 630 Fund Balance to cover expenditures for FY 2025-26 that exceeded the budget.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Financial Stability
 Responsible Long-Range Planning
Revenue: Expenditure: 6305010-43500
Transfer In: Transfer Out:
197
CITY COUNCIL MEETING DATE: OCTOBER 6, 2026
TITLE: FUND 630 RISK MANAGEMENT BUDGET APPROPRIATION FOR WORKERS’ COMPENSATION CLAIM EXPENDITURES FOR FY 2025-26.

PAGE: 2

BACKGROUND
The City maintains Fund 630 – Risk Management to account for risk management activities and related expenditures, including workers’ compensation claims. Workers’ compensation costs are incurred throughout the year based on employee claims and the associated medical, indemnity, and administrative expenses.

During the year-end audit review, the actual workers’ compensation expenditures exceeded the FY 2025-26 budgeted amount of $5,875,017, by $277,742.99 in Fund 630 and therefore, staff is requesting an appropriation of $277,742.99 from available Fund 630 fund balance to cover these expenditures.

ISSUES/ANALYSIS
The current Fund 630 budget does not provide sufficient appropriation authority to accommodate the workers’ compensation expenditures that have been incurred and/or anticipated in Fiscal Year 2025-26. Without an additional appropriation, the available bottom line program budget will be insufficient to record and process these expenditures.

Fund 630 has sufficient available fund balance to support the requested appropriation. Using fund balance for this purpose is consistent with the intended use of the Risk Management Fund and avoids the need to use General Fund resources for these expenditures.

Although the expenses have been incurred and paid, the requested appropriation of $277,742.99 is necessary to provide the required budget authority in Fund 630 to maintain compliance with the City’s Budget policy.

Attachments: None
198

MEMORANDUM

CITY OF CHINO

POLICE DEPARTMENT
CITY COUNCIL MEETING DATE: OCTOBER 6, 2026
TO: LINDA REICH, CITY MANAGER
FROM: KEVIN MENSEN, CHIEF OF POLICE

SUBJECT
..titl e
Acceptance and appropriation of the 2025 Federal Justice Assistance Grant ..end

RECOMMENDATION
1) Accept the 2025 Federal Justice Assistance Grant (JAG) in the amount of $21,239; 2) establish a grant number G4277 and appropriate $21,239 to the Justice Assistance Fund 135 with a corresponding increase to the revenues; and 4) authorize the City Manager or Chief of Police to execute the Interlocal Agreement, Subrecipient Agreement, and all necessary documents related to the grant on behalf of the City
..body

FISCAL IMPACT
Requires an appropriation of $21,239 to the Federal Justice Assistance Grant (Fund 135) , with a corresponding increase in revenues of the same amount. There is no fiscal impact on the General Fund and no matching funds are required.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Financial Stability
 Public Service Excellence through Internal and External Partnerships Revenue: 1351000-59500-G4277 Expenditure: 1354000-40010/43070-G4277 Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 199
CITY COUNCIL MEETING DATE: OCTOBER 6, 2026
TITLE: ACCEPTANCE AND APPROPRIATION OF THE 2025 FEDERAL JUSTICE ASSISTANCE GRANT.

PAGE: 2

BACKGROUND
The Justice Assistance Grant combines the former Federal Local Law Enforcement Block Grant and Byrne Grants and requires an entity in the County of San Bernardino to be responsible for applying for and administering the grant. Under the proposed Interlocal Agreement attached to this report, the San Bernardino County Chiefs of Police and Sheriff agreed to make the San Bernardino County Law and Justice Group responsible for applying for and administering the grant. The group also agreed to pay the County an administration fee of five (5) percent of their respective allocation for this service.

ISSUES/ANALYSIS
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program provides funding to state and local governments for support of a broad range of activities intended to prevent and control crime and improve the criminal justice system. Distribution of funds by the federal government is calculated using a formula, which considers both population and crime statistics. Awards are subject to the availability of appropriated funds.

In March 2026, the Chino Police Department was notified of its eligibility to receive the 2025 Federal Justice Assistance Grant (JAG 2025) in the amount of $21,239. Funds from JAG 2025 will be used to purchase law enforcement cloud-based scheduling system to enhance personnel deployment, staffing coordination, and operational readiness across Patrol, Dispatch, and support units of the Chino Police Department.

Attachments:

JAG 2025 Subrecipient Agreement
JAG 2025 Interlocal Agreement
JAG 2025 Certification Regarding Lobbying
200
San Bernardino County
385 North Arrowhead Avenue
San Bernardino, CA 92415-0120
Law and Justice Group
909-387-5005
Grant
Sub-Award
PAGE 1 OF ϯϬ
AWARD NUMBER: 15PBJA-25-GG-03553-JAGX
SUB-AWARD NUMBER: 15PBJA-23-GG-03189-JAGX-Chino
AWARD DATE 7/31/2026
PREVIOUS AWARD AMOUNT $0
AMOUNT OF THIS AWARD $21,239
TOTAL SUB-AWARD $21,239
__________________________________________________ __________________________________________________

DATE DATE
__________________________________________________ __________________________________________________

SIGNATURE OF APPROVING OFFICIAL SIGNATURE OF AUTHORIZED SUBRECIPIENT OFFICIAL Brent Martin, Chair
San Bernardino County Law and Justice Group

GRANTEE APPROVAL SUBRECIPIENT ACCEPTANCE

TYPED NAME AND TITLE OF APPROVING OFFICIAL TYPED NAME AND TITLE OF AUTHORIZED SUBRECIPIENT Linda Reich, ŝƚǇ Manager
ŝƚǇŽĨChino
Title I of Public Law 90-351 (generally codified at 34 U.S.C. 10101-10726), including subpart 1 of part E (codified at 34 U.S.C. 10151-10158); see also 28 U.S.C. 530C(a)
CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number)

16.738 - Edward Byrne Memorial Justice Assistance Grant Program

SPECIAL CONDITIONS

THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S), WHICH INCLUDE THE AWARD CONDITIONS (PAGES ϮͲϮϲ), AND THE SUBRECIPIENT MONITORING PROCEDURES FOR THE COUNTY OF SAN BERNARDINO LAW AND JUSTICE GROUP (PAGES ϮϳͲϯϬ).

STATUTORY AUTHORITY FOR GRANT

PROJECT TITLE
San Bernardino County and Disparate Jurisdictions 2025 Justice Assistance Grant Projects
SUBRECIPIENT UEI NO.

RGVNGHJR3NV5
SUBRECIPIENT IRS/VENDOR NO. PROJECT PERIOD: FROM 10/01/2024 TO 09/30/2028 95-0930239 BUDGET PERIOD: FROM 10/01/2024 TO 09/30/2028 City of Chino
13220 Central Avenue
Chino, CA 91710-4127
SUBRECIPIENT NAME AND ADDRESS (Including Zip Code)
1 201
Compliance with general appropriations-law restrictions on the use of federal funds (FY 2025)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions that may be set out in applicable appropriations acts are indicated at
https://ojp.gov/funding/Explore/FY25AppropriationsRestrictions.htm, and are incorporated by reference here.

Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.

Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38.

Among other things, 28 C.F.R. Part 38 states that recipients may not use direct Federal financial assistance from the Department of Justice to support or engage in any explicitly religious activities except when consistent with the Establishment Clause of the First Amendment to the U.S. Constitution and any other applicable requirements. An organization receiving Federal financial assistance also may not, in providing services funded by the Department of Justice or in outreach activities related to such services, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations. In addition, Part 38 states that a faithbased organization that participates in a Department of Justice funded program retains its independence from the Government and may continue to carry out its mission consistent with religious freedom and conscience protections in Federal law.

Recipients and subrecipients that provide social services under this award must give written notice to beneficiaries and prospective beneficiaries prior to the provision of services (if practicable) which shall include language substantially similar to the language in 28 CFR Part 38, Appendix C, sections (1) through (4). A sample written notice may be found at https://www.ojp.gov/program/civil-rights-office/partnerships-faith-based-andother-neighborhood-organizations.

In certain instances, a faith-based or religious organization may be able to take religion into account when making hiring decisions, provided it satisfies certain requirements. For more information, see “Nondiscrimination provisions and the Religious Freedom Restoration Act,” accessible at https://www.ojp.gov/funding/explore/legaloverview2025/civilrightsrequirements. 1 2
3 8/4/26, 10:13 AM Funded Award FAW-191077
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!STANDARD 2 202
Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient.

The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here.

All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract").

The details of the requirement for authorization of any subaward are posted on the OJP website at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here.

Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold, as set forth in the Federal Acquisition Regulations (FAR). See the definition of simplified acquisition threshold in the FAR at 48 CFR part 2, subpart 2.1. This condition applies to agreements that - - for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward).

The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP website at
https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed Simplified Acquisition Threshold)), and are incorporated by reference here.

Federal Civil Rights and Nondiscrimination Laws (certification) The recipient agrees that its compliance with all applicable Federal civil rights 4 5
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and nondiscrimination laws is material to the government's decision to make this award and any payment thereunder, including for purposes of the False Claims Act (31 U.S.C. 3729-3730 and 3801-3812), and, by accepting this award, certifies that it does not operate any programs (including any such programs having components relating to diversity, equity, and inclusion) that violate any applicable Federal civil rights or nondiscrimination laws.

Requirements of the award; remedies for non-compliance or for materially false statements
The conditions of this award are material requirements of the award.

Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award.

Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that a legal notice regarding award requirements is necessary or that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such notice or exception regarding enforcement, including any such notice or exception made during the period of performance, is (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by reference into the award.

By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance.

Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate.

Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).

Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award.

Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or 7 8
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OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards.

Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements"), including, without limitation, the provisions regarding termination in 2 C.F.R. 200.340, apply to this award from OJP.

For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.

Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.334.

In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification.

Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct.

Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contactgrants.htm (select "Submit Report Online"); (2) mail directed to: U.S.

Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Fraud Detection Office, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax).

Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.
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Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements.

Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.

Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide").

Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.

Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide.

Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including 28 C.F.R. § 42.106(d), 28 C.F.R. § 42.405(c), and 28 C.F.R. § 42.505(f), which 11 12
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contain notice requirements that covered recipients must follow regarding the dissemination of information regarding federal nondiscrimination requirements.

Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age.

The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status.

The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition:

Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here.

Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ
If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at
[email protected]. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.

Employment eligibility verification for hiring under the award

1. The recipient (and any subrecipient at any tier) must-- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1).

B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both-- (1) this award requirement for verification of employment eligibility, and 16 17
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(2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens.

C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1).

D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings.

2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.

3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.

4. Rules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds.

B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds.

C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.

D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.

E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1).

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about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email EVerify at [email protected]. E-Verify employer agents can email E-Verify at E[email protected].

Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.

Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers.

Reclassification of various statutory provisions to a new Title 34 of the United States Code
On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code.

Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S.

Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements.

Restrictions and certifications regarding non-disclosure agreements and related matters
No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information.

The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information.

1. In accepting this award, the recipient--
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agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and
b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.

2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both--
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.

OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://www.ojp.gov/funding/implement/training-guiding-principlesgrantees-and-subgrantees.

Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the 22 23
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potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding.

Required training for Grant Award Administrator and Financial Manager The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2022, will satisfy this condition.

In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after the date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful completion of such a training on or after January 1, 2022, will satisfy this condition.

A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://onlinegfmt.training.ojp.gov/. All trainings that satisfy this condition include a session on grant fraud prevention and detection.

The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award.

Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees)
The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant.

The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712.

Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.

Potential imposition of additional requirements
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imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high-risk" for purposes of the DOJ high-risk grantee list.

Requirement to report actual or imminent breach of personally identifiable information (PII)
The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17- 12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach.

Requirements related to System for Award Management and Universal Identifier Requirements
The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/.

This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM.

The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration.

The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at
https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here.

This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).

Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the 27 28
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awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations.

Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.

Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." Among other items, 28 C.F.R. § 54.140 contains notice requirements that covered recipients must follow regarding the dissemination of information regarding federal nondiscrimination requirements.

The recipient understands that, in accepting this award, the Authorized Representative declares and certifies, among other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of performance under this award.

The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority.

Verification and updating of recipient contact information The recipient must verify its Grant Award Administrator, Financial Manager, and Authorized Representative contact information in JustGrants, including telephone number and e-mail address. If any information is incorrect or has changed, the award recipient’s Entity Administrator must make changes to contact information through DIAMD. Instructions on how to update contact information in JustGrants can be found at
https://justicegrants.usdoj.gov/training/training-entity-management.

FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $30,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are set forth in 2 C.F.R. part 170, Appendix A (“Award Term”) and are incorporated by reference here.
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This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or nonprofit organization that he or she may own or operate in his or her name).

Note: In early March 2025, the reporting system that had been used for subaward reporting, the FFATA (Federal Funding Accountability and Transparency Act) Subaward Reporting System (FSRS) was retired and functionality moved to SAM.gov. For more information, including steps on how to connect your FSRS account to SAM.gov, visit https://sam.gov/fsrs.

The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to cooperate with BJA and OCFO on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this award.

Further, the recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents. Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to grant funds; referral to the Office of the Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s).

Any publication (e.g., curricula, training materials, publications, reports, videos, or any other written, web-based, or audio-visual, or other materials) funded in whole or in part under this award, (with the exception of press releases, websites, and mobile applications), shall contain the following statement: “This project was supported by Grant No. <Award_Number> awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice.

Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice."
Any website or mobile application that is funded in whole or in part under this award must include the following statement where most practicable: "This website [or application] was supported by Grant No. <Award_Number> awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S.

Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website [or application] (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of the foregoing statement must be clearly visible. The statement may also be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement.

Upon specific request by BJA, the recipient must submit to BJA for review and approval (or, for recipients or subrecipients that are institutions of higher education, review and comment) any publication or product developed under this award at least 30 working days prior to the targeted dissemination date.

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Confidentiality of data
The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23 for any applicable project.

The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project.

Protection of human research subjects
The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.

Compliance with 28 C.F.R. Part 23
With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d).

The recipient may not satisfy such a fine with federal funds.

Justice Information Sharing
Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https://bja.ojp.gov/program/it/gsp-grant-condition. The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended.

Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems that involve interstate 37 38
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connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system.

Law enforcement task forces - required training
Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online task force training.

Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement.

The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates.

Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org).

Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to determine if any of the following activities will be funded by the grant prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA, and follow instructions regarding NEPA compliance.

The activities covered by this condition are:
a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments;
e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of 42 43
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clandestine methamphetamine laboratories; and
f. Any extraordinary or unusual project with potential to have a significant environmental impact.

The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA.

The recipient shall ensure that each DNA analysis conducted under this award will be performed either (1) by accredited government-owned laboratories, or (2) through an accredited fee-for-service vendor. The accreditation must be by an accrediting body that is a signatory to an internationally recognized arrangement and that offers accreditation to forensic science conformity assessment bodies using an accreditation standard that is recognized by that internationally recognized arrangement. Any laboratory conducting STR, YSTR, or mitochondrial DNA testing undergo external audits not less than once every 2 years that demonstrate compliance with the DNA Quality Assurance Standards established by the Director of the Federal Bureau of Investigation.

If award funds are used for DNA testing of evidentiary materials, recipients shall ensure that any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS, and, where applicable, uploaded to the National DNA Index System (NDIS). Award funds may be used for forensic genetic genealogy in accordance with United States Department of Justice Interim Policy Forensic Genealogical DNA Analysis and Searching and program requirements. With the exception of Forensic Genetic Genealogy, no profiles generated under this award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. Booking agencies should work with their state CODIS agency to ensure all requirements are met for participation in Rapid DNA (see National Rapid DNA Booking Operational Procedures Manual).

The recipient shall ensure that each DNA analysis conducted and each DNA profile generated under this award, and each stored DNA sample that results from this award, are maintained in accordance with any applicable federal privacy requirements and restrictions on disclosure.

Recipients utilizing award funds for forensic genealogy testing must adhere to the United States Department of Justice Interim Policy Forensic Genealogical DNA Analysis and Searching
(https://www.justice.gov/olp/page/file/1204386/download), and must collect and report the metrics identified in Section IX of that document to BJA.

Establishment of trust fund
If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(11)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the 44 45
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scope of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout.

As of the first day of the period of performance for the award, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via an Award Condition Modification (ACM)). (A withholding condition is a condition in the award document that precludes the recipient from expending or drawing down all or a portion of the award funds until the condition is removed.) Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at-risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through an Award Condition Modification (ACM), the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at-risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award.

Submission of eligible records relevant to the National Instant Background Check System
Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICS-relevant "eligible records".

In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition.

Compliance with trauma kit standards
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the performance standards established consistent with 34 U.S.C. § 10202(d), as such standards are in effect at the time of purchase.

Initial period of performance; requests for extension.

The recipient understands that for award amounts of less than $25,000 under JAG, the initial period of performance of the award will be less than four years.

The recipient further understands that any requests for an extension of the period of performance for an award of less than $25,000 will be approved automatically for up to a total period of performance of four years, pursuant to 34 U.S.C. 10152(f) and in accordance with the Notice of Funding Opportunity (NOFO) associated with this award.

Any request for an extension of the period of performance beyond a four-year award period will require approval, and the approval (if any) will be at the discretion of OJP.

Noninterference (with award funds and within the funded "program or activity") with federal law enforcement: No public disclosure of certain law-enforcementsensitive information SCOPE. This condition applies throughout the entire award period of performance. Its provisions must be among those included in any subaward (at any tier).

1. No use of funds to interfere: No public disclosure of federal law-enforcement information in order to conceal, harbor, or shield.

Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (including 8 U.S.C. 1324 and 18 U.S.C. chs. 1, 49, 227), no State or local government entity, agency, or official (including a government-contracted correctional facility) may use funds under this award to make any public disclosure of any federal law-enforcement information in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive from justice under 18 U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 U.S.C. ch. 12— without regard to whether such disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a).

2. Noninterference: No public disclosure of federal law-enforcement information in order to conceal, harbor, or shield within the funded “program or activity.”
With respect to the "program or activity" funded in whole or part under this award (including any such program or activity of any subrecipient at any tier), and consistent with federal law as cited in para. 1 of this condition, no State or local government entity, agency, or official (including a government-contracted correctional facility) within the funded program or activity may make any public disclosure of any federal law-enforcement information in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive from justice under 18 U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 U.S.C. ch. 12—without regard to whether such disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a).

3. Monitoring. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.

4. Allowable costs. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition.

5. Rules of construction.
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A. For purposes of this condition—
(1) the term "alien" means what it means under section 101 of the Immigration and Nationality Act (see 8 U.S.C. 1101(a)(3));
(2) the term "federal law-enforcement information" means law-enforcementsensitive information communicated or made available, by the federal government, to a State or local government entity, agency, or official, through any means, including, without limitation—
(a) through any database,
(b) in connection with any law enforcement partnership or task-force, (c) in connection with any request for law enforcement assistance or - cooperation, or
(d) through any deconfliction (or courtesy) notice of planned, imminent, commencing, continuing, or impending federal law enforcement activity; (3) the term "law-enforcement-sensitive information" means records or information compiled for any law-enforcement purpose; and (4) the term "public disclosure" means any communication or release other than one—
(a) within the recipient, or
(b) to any subrecipient (at any tier) that is a government entity.

B. This condition shall be enforceable to the extent that it does not otherwise contravene any express requirement of any federal law, or of any judicial ruling, governing or applicable to the award.

C. The "Rules of Construction" set out in the "Noninterference (with award funds and within the funded "program or activity") with federal law enforcement: information-communication restrictions; ongoing compliance" award condition are incorporated by reference as though set forth here in full.

Noninterference (with award funds and within the funded "program or activity") with federal law enforcement: information-communication restrictions SCOPE. This condition applies throughout the entire award period of performance. Its provisions must be among those included in any subaward (at any tier).

1. Throughout the entire award period of performance, no State or local government entity, -agency, or -official may use funds under this award (including under any subaward, at any tier) to prohibit or in any way restrict— (1) any government entity or -official from sending or receiving information regarding citizenship or immigration status to or from DHS; or (2) a government entity or agency from sending, requesting or receiving, or exchanging information regarding immigration status to, from, or with DHS, or from maintaining such information.

Any prohibition (or restriction) that violates this condition is an "informationcommunication restriction" under this award.

2. With respect to the "program or activity" funded in whole or part under this award (including any such program or activity of any subrecipient at any tier), throughout the entire award period of performance, no State or local government entity, agency, or official may implement an “informationcommunication restriction.”

3. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition.

4. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State or local government incurs to implement this condition.

5. Rules of Construction.

A. For purposes of this condition:
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but not any public institution of higher education or Indian tribe. (2) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a).
(3) "Immigration status" means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644; and terms that are defined in 8 U.S.C. 1101 mean what they mean under that section 1101, except that "State" also includes American Samoa.
(4) “DHS” means the U.S. Department of Homeland Security.

B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, or any other entity (or individual) to violate any federal law, including any applicable civil rights or nondiscrimination law.

C. This condition shall be enforceable to the extent that it does not otherwise contravene any express requirement of any federal law, or of any judicial ruling, governing or applicable to the award.

Noninterference (with award funds and within the funded "program or activity") with federal law enforcement: Notice of scheduled release SCOPE. This condition applies throughout the entire award period of performance. Its provisions must be among those included in any subaward at any tier.

1. No use of funds to interfere with "removal" process: Notice of scheduled release date and time.

Consonant with federal law enforcement statutes—including 8 U.S.C. 1231 (for an alien incarcerated by a State or local government, a 90-day "removal period" during which the federal government "shall" detain and then "shall" remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement"; also, the federal government is expressly authorized to make payments to a "State or a political subdivision of the State ... with respect to the incarceration of [an] undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall take into custody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual report to Congress on "the number of illegal alien[ felons] in Federal and State prisons" and programs underway "to ensure the prompt removal" from the U.S. of removable "criminal aliens")—no State or local government entity, agency, or official (including a government-contracted correctional facility) may use funds under this award to interfere with the "removal" process by failing to provide (as early as practicable (see para. 5.B. below)) advance notice to DHS of the scheduled release date and time for a particular alien, if a State or local government (or government-contracted) correctional facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice.

2. Noninterference with "removal" process: Notice of scheduled release date and time within the funded “program or activity.”
With respect to the "program or activity" funded in whole or part under this award (including any such program or activity of any subrecipient at any tier), and consonant with federal law enforcement statutes as cited in para. 1 of this condition, no State or local government entity, agency, or official (including a government-contracted correctional facility) within the funded program or activity may interfere with the "removal" process by failing to provide (as early as practicable (see para. 4.B. below)) advance notice to DHS of the scheduled release date and time for a particular alien, if a State or local government (or government-contracted) correctional facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice.

3. Monitoring. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.

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necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition.

5. Rules of construction
A. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, or any other entity or individual to maintain (or detain) any individual in custody beyond the date and time the individual otherwise would have been released.

B. Applicability.
(1) Current DHS practice is ordinarily to request advance notice of scheduled release "as early as practicable (at least 48 hours, if possible)." (See DHS Form I-247A (3/17)). If (e.g., in light of the date DHS made such request) the scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested, it shall NOT be a violation of this condition to provide only as much advance notice as, in fact, practicable. (2) Current DHS practice is to use the same form for a second, distinct purpose—to request that an individual be detained for up to 48 hours AFTER the scheduled release. This condition does NOT encompass such DHS requests for detention.

C. This condition shall be enforceable to the extent that it does not otherwise contravene any express requirement of any federal law, or of any judicial ruling, governing or applicable to the award.

D. The "Rules of Construction" set out in the "Noninterference (with award funds and within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens" award condition are incorporated by reference as though set forth here in full.

Noninterference (with award funds and within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens SCOPE. This condition applies throughout the entire award period of performance. Its provisions must be among those included in any subaward (at any tier).

1. No use of funds to interfere with statutory law enforcement access to correctional facilities.

Consonant with federal law enforcement statutes and regulations—including 8 U.S.C. 1357(a) (under which certain federal officers and employees "have power without warrant ... to interrogate any alien or person believed to be an alien as to his right to be or to remain” in the United States), and 8 C.F.R. 287.5(a) (under which that power may be exercised "anywhere in or outside” the United States)—no State or local government entity, agency, or official within the funded program or activity may use funds under this award to interfere with the exercise of that power to interrogate "without warrant" (by agents of the United States acting under color of federal law) by impeding access to any State or local government (or government-contracted) correctional facility by such agents for the purpose of "interrogat[ing] any alien or person believed to be an alien as to his [or her] right to be or to remain in the United States."

2. Noninterference with statutory law enforcement access to correctional facilities within the funded “program or activity.”
With respect to the "program or activity" funded in whole or part under this award (including any such program or activity of any subrecipient at any tier), and consonant with federal law enforcement statutes and regulations as cited in para. 1 of this condition, no State or local government entity, agency, or official within the funded program or activity may interfere with the exercise of that power to interrogate "without warrant" (by agents of the United States acting under color of federal law) by impeding access to any State or local government (or government-contracted) correctional facility by such agents for the purpose of "interrogat[ing] any alien or person believed to be an alien as to his [or her] right to be or to remain in the United States." 54 8/4/26, 10:13 AM Funded Award FAW-191077
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3. Monitoring. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.

5. Rules of construction
A. For purposes of this condition:
(1) The term "alien" means what it means under sec. 101 of the Immigration and Nationality Act (INA) (8 U.S.C. 1101(a)(3)), except that, with respect to a juvenile offender, it means “criminal alien.”
(2) The term “juvenile offender” means what it means under 28 C.F.R.

31.304(f) (as in effect on Jan. 1, 2026.)
(3) The term "criminal alien" means, with respect to a juvenile offender, an alien who is deportable on the basis of—
(a) conviction described in 8 U.S.C. 1227(a)(2), or
(b) conduct described in 8 U.S.C. 1227(a)(4).
(4) The term "conviction" means what it means under 8 U.S.C. 1101(a)(48). (Adjudication of a juvenile as having committed an offense does not constitute "conviction" for purposes of this condition.)
(5) The term "correctional facility" means what it means under 34 U.S.C. 10251(a)(7)) as of Jan. 1, 2026.
(6) The term "impede" includes taking or continuing any action, or implementing or maintaining any law, policy, rule, or practice, that— (a) is designed to prevent or to significantly delay or complicate, or (b) has the effect of preventing or of significantly delaying or complicating. (7) "State" and "local government" include any agency or other entity thereof, but not any public institution of higher education or Indian tribe. (8) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a).

C. This condition shall be enforceable to the extent that it does not otherwise contravene any express requirement of any federal law, or of any judicial ruling, governing or applicable to the award.

The recipient understands and agrees that no award funds may be used for any expenses related to public awareness campaigns for an extreme risk protection program.

Extreme risk protection order (ERPO) programs funded under this award must include, at a minimum: pre-deprivation and post-deprivation due process rights that prevent any violation or infringement of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive or procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). Such programs must include, at the appropriate phase to prevent any violation of constitutional rights, at minimum, notice, the right to an in-person hearing, an unbiased adjudicator, the right to know opposing evidence, the right to present evidence, and the right to confront adverse witnesses; the right to be represented by counsel at no expense to the government; pre-deprivation and post-deprivation heightened evidentiary standards and proof which mean not less than the protections 55 56
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afforded to a similarly situated litigant in Federal court or promulgated by the State's evidentiary body, and sufficient to ensure the full protections of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive and procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). The heightened evidentiary standards and proof under such programs must, at all appropriate phases to prevent any violation of any constitutional right, at minimum, prevent reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on inadmissible hearsay, unreliable, vague, speculative, and lacking a foundation; and penalties for abuse of the program.

Recipients who plan to use funding to support ERPO programs must submit a Certification Relating to Pub. L. No. 90-351, Title I, Sec. 501(a)(1)(I)(iv), signed by the principal legal officer, certifying that the ERPO program to be funded satisfies each of the listed requirements prior to the use of award funds for ERPO programs. Funds proposed for ERPO programs may be withheld, pending confirmation of compliance with the terms of this award.

No funds may be used for C-UAS except with express prior approval from BJA. To request such approval, the recipient (or subrecipient, at any tier) must submit to BJA a written certification that, among other things, certifies that any C-UAS purchased with award funds will only be procured and used in compliance with all applicable federal, state, and local laws and regulations, including criminal, surveillance, aviation, and communications laws. Any CUAS purchased with award funds will be included on the list of technologies established by subsection (d)(2)(A)(iii) section 210G of the Homeland Security Act of 2002 (6 U.S.C. 124n(d)(2)(A)(iii)) to exercise the authority granted under subsection (a)(2) of such section. The certification also requires that the award recipient consult qualified legal counsel to review the proposed purchase and operation of C-UAS, and that the recipient will complete required trainings and obtain all required approvals, certifications, licenses, and authorizations prior to deployment, and will coordinate with relevant authorities as required. The recipient (or subrecipient) also must assure BJA that it has sufficient policies and procedures regarding privacy, civil liberties, and information technology cybersecurity related to the operation of the C-UAS. Finally, the recipient (or subrecipient) may be required to provide additional documentation to verify purchase and the related policies for the C-UAS. Funds proposed for the purchase of C-UAS may be withheld, pending confirmation of compliance with the terms of this award. Additional information and the required certification form may be found here: https://bja.ojp.gov/funding/uas.

Expenditures prohibited without waiver
No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order. Funds proposed for the purchase of prohibited items may be withheld, pending confirmation of compliance with the terms of this award.

No funds may be used for UAS except with express prior approval from BJA.

To request such approval, the recipient (or subrecipient, at any tier) must submit to BJA a written certification that, among other things, certifies that only 57 58
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UAS verified by the Defense Contract Monitoring Agency's “Blue UAS Cleared List” or any successor list (available at https://bluelist.appsplatformportals.us/) as not manufactured by a “covered foreign entity” may be purchased or operated under the federal award and, further, that no modifications or additional accessories may be introduced to the UAS funded by the award.

The purchased UAS may not be used to process, store, or transmit Federal information. The recipient (or subrecipient) also must assure BJA that it has sufficient policies and procedures regarding privacy, civil liberties, and information technology cybersecurity related to the operation of the UAS.

Finally, the recipient (or subrecipient) may be required to provide additional documentation to verify purchase and the related policies for the UAS. Funds proposed for the purchase of UAS may be withheld, pending confirmation of compliance with the terms of this award. Additional information and the required certification form may be found here: https://bja.ojp.gov/funding/uas.

In accepting this award, the recipient agrees not to use award funds for purchases of body-worn cameras (BWCs) or related expenses for any agency unless that agency has submitted a certification to BJA that it has policies and procedures in place that reinforce appropriate agency Use of Force policies and training and address technology usage, evidence acquisition, data storage and retention, as well as privacy issues, accountability and discipline.

The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for BWCs or related expenses. Funds proposed for the purchase of BWCs or related expenses may be withheld, pending confirmation of compliance with the terms of this award.

Certification of body armor "mandatory wear" policies, and compliance with NIJ standards
If the recipient uses funds under this award to purchase body armor, the recipient must submit a signed certification that each law enforcement agency receiving body armor purchased with funds from this award has a written "mandatory wear" policy in effect. The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for ballistic-resistant and stab-resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from this award may be used by an agency for body armor. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. Funds proposed for the purchase of body armor may be withheld, pending confirmation of compliance with the terms of this award.

Ballistic-resistant and stab-resistant body armor purchased with award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice (NIJ) ballistic or stab standards, and is listed on the NIJ Compliant Body Armor Model List. In addition, ballisticresistant and stab-resistant body armor purchased must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information and the NIJ Compliant Body Armor List may be found by following the links located on the NIJ Body Armor page: https://nij.ojp.gov/topics/equipment-andtechnology/body-armor 60 61
62 8/4/26, 10:13 AM Funded Award FAW-191077
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!STANDARD 25 225
Withholding of funds for Memorandum of Understanding
The recipient may not expend or draw down any award funds until BJA has reviewed and approved the required Memorandum of Understanding (MOU), and an Award Condition Modification (ACM) has been issued to remove this condition.

Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and administrative proceedings to SAM and FAPIIS
The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with (or connected to the performance of) either this OJP award or any other grant, cooperative agreement, or procurement contract from the federal government. Under certain circumstances, recipients of OJP awards are required to report information about such proceedings, through the federal System for Award Management (known as "SAM"), to the designated federal integrity and performance system (currently, "FAPIIS").

The details of recipient obligations regarding the required reporting (and updating) of information on certain civil, criminal, and administrative proceedings to the federal designated integrity and performance system (currently, "FAPIIS") within SAM are posted on the OJP website at https://ojp.gov/funding/FAPIIS.htm (Award condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here.
63 8/4/26, 10:13 AM Funded Award FAW-191077
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!STANDARD 26 226

^ƵďƌĞĐŝƉŝĞŶƚDŽŶŝƚŽƌŝŶŐWƌŽĐĞĚƵƌĞƐ
ŽƵŶƚǇŽĨ^ĂŶĞƌŶĂƌĚŝŶŽ
>ĂǁĂŶĚ:ƵƐƚŝĐĞ'ƌŽƵƉ
'ƌĂŶƚǁĂƌĚͬ^ƵďͲǁĂƌĚWƌŽĐĞƐƐ
tŚĞŶ ƚŚĞ >ĂǁĂŶĚ :ƵƐƚŝĐĞ'ƌŽƵƉ ;>Θ:'Ϳ ŚĂƐ ďĞĞŶ ŶŽƚŝĨŝĞĚ ƚŚĂƚŝƚ ŚĂƐ ďĞĞŶĂǁĂƌĚĞĚĂŐƌĂŶƚ͕Ă ŽĂƌĚ ŐĞŶĚĂ/ƚĞŵƚŽĂĐĐĞƉƚƚŚĞŐƌĂŶƚǁŝůůďĞƉƌĞƉĂƌĞĚĂŶĚƐƵďŵŝƚƚĞĚƚŽƚŚĞŽĂƌĚŽĨ^ƵƉĞƌǀŝƐŽƌƐ;K^ͿĨŽƌ ĂƉƉƌŽǀĂů͘tŚĞƌĞƚŚĞƌĞŝƐĂƐƵďͲĂǁĂƌĚƚŽďĞŐƌĂŶƚĞĚ͕Ă^ƵďͲǁĂƌĚŐƌĞĞŵĞŶƚǁŝůůďĞƉƌĞƉĂƌĞĚďǇƚŚĞ >Θ:' ;ƌĞĐŝƉŝĞŶƚͿĂŶĚĂƉƉƌŽǀĞĚďǇƚŚĞK^ĂŶĚƚŚĞƐƵďƌĞĐŝƉŝĞŶƚ͘dŚĞĂƉƉƌŽƉƌŝĂƚĞŽĨĨŝĐŝĂůƐǁŝůůƐŝŐŶƚŚĞ ƐƵďͲĂǁĂƌĚ ĚŽĐƵŵĞŶƚƐ͘ dŚĞ ^ƵďͲǁĂƌĚ ŐƌĞĞŵĞŶƚ ǁŝůů ŝĚĞŶƚŝĨǇ ƚŚĞ ĨĞĚĞƌĂů ĂǁĂƌĚ ŝŶĨŽƌŵĂƚŝŽŶ ĂŶĚ ĂƉƉůŝĐĂďůĞĐŽŵƉůŝĂŶĐĞƌĞƋƵŝƌĞŵĞŶƚƐ͕ŝŶĐůƵĚŝŶŐĂƉƉůŝĐĂďůĞƐƉĞĐŝĂůĐŽŶĚŝƚŝŽŶƐĨŽƌĞĂĐŚĨĞĚĞƌĂůƐƵďͲĂǁĂƌĚ͘ dŚĞ^ƵďͲǁĂƌĚŐƌĞĞŵĞŶƚǁŝůůŝŶĐůƵĚĞƚŚĞ'ƌĂŶƚǁĂƌĚEƵŵďĞƌ͕ǁĂƌĚĂƚĞ͕ƐƐŝƐƚĂŶĐĞ>ŝƐƚŝŶŐEƵŵďĞƌ ;>EͿŶƵŵďĞƌ͕WƌŽũĞĐƚdŝƚůĞ͕WƌŽũĞĐƚWĞƌŝŽĚ͕ǁĂƌĚŵŽƵŶƚ͕ĂŶĚĂůůĂƉƉůŝĐĂďůĞ^ƉĞĐŝĂůŽŶĚŝƚŝŽŶƐĨŽƌƚŚĞ ƐƵďͲĂǁĂƌĚ͘dŚĞ>Θ:'͛Ɛ^ƵďƌĞĐŝƉŝĞŶƚDŽŶŝƚŽƌŝŶŐWƌŽĐĞĚƵƌĞƐǁŝůůďĞŝŶĐůƵĚĞĚŝŶƚŚĞ^ƵďͲǁĂƌĚŐƌĞĞŵĞŶƚ͘ 'ƌĂŶƚZĞǀĞŶƵĞ
tŚĞŶŶŽƚŝĨŝĞĚƚŚĂƚĂŐƌĂŶƚĂǁĂƌĚŚĂƐďĞĞŶŵĂĚĞ͕ƚŚĞ'ƌĂŶƚŽŽƌĚŝŶĂƚŽƌƌĞƋƵĞƐƚƐĂďƵĚŐĞƚĐŽĚĞĨŽƌƚŚĞ ŐƌĂŶƚĂǁĂƌĚĨƌŽŵƚŚĞƵĚŝƚŽƌͲŽŶƚƌŽůůĞƌͬdƌĞĂƐƵƌĞƌͬdĂǆŽůůĞĐƚŽƌ;dͿ͕ĂŶĚƐƵďŵŝƚƐĂƉƉƌŽƉƌŝĂƚĞďƵĚŐĞƚ ĚŽĐƵŵĞŶƚƐĨŽƌƚŚĞŽĂƌĚŽĨ^ƵƉĞƌǀŝƐŽƌƐĂƉƉƌŽǀĂů͘KŶĐĞƚŚĞďƵĚŐĞƚŝƐĞƐƚĂďůŝƐŚĞĚ͕ƚŚĞ'ƌĂŶƚŽŽƌĚŝŶĂƚŽƌ ǁŝůůĂĚŵŝŶŝƐƚĞƌŐƌĂŶƚĨƵŶĚƐŝŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚƚŚĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨƚŚĞĂǁĂƌĚŝŶŐĂŐĞŶĐǇ͘'ƌĂŶƚĨƵŶĚƐǁŝůů ďĞ ƌĞƋƵĞƐƚĞĚ ƚŚƌŽƵŐŚ ƚŚĞ ĂǁĂƌĚŝŶŐ ĂŐĞŶĐǇ͛Ɛ ĚĞƐŝŐŶĂƚĞĚ ƉƌŽĐĞƐƐ ďĂƐĞĚ ŽŶ ĂůůŽǁĂďůĞ ĞǆƉĞŶĚŝƚƵƌĞƐ ŝŶĐƵƌƌĞĚĂŶĚƐƵƉƉŽƌƚĞĚďǇĂƉƉƌŽƉƌŝĂƚĞĚŽĐƵŵĞŶƚĂƚŝŽŶ͘ƌĂǁĚŽǁŶƌĞƋƵĞƐƚƐǁŝůůďĞĐŽŵƉůĞƚĞĚǁŝƚŚŝŶƚŚĞ ƚŝŵĞĨƌĂŵĞƐƐƉĞĐŝĨŝĞĚďǇƚŚĞĂǁĂƌĚŝŶŐĂŐĞŶĐǇ͘
dŚĞ'ƌĂŶƚ ŽŽƌĚŝŶĂƚŽƌŵĂŝŶƚĂŝŶƐĂ ƌĞĐŽƌĚŽĨŐƌĂŶƚ ƌĞǀĞŶƵĞƐ ƌĞƋƵĞƐƚĞĚĂŶĚ ƌĞĐĞŝǀĞĚ͕ ƌĞĐŽŶĐŝůĞƐŐƌĂŶƚ ƌĞĐĞŝƉƚƐƚŽĞǆƉĞŶĚŝƚƵƌĞƐ͕ĂŶĚĞŶƐƵƌĞƐƚŚĂƚŐƌĂŶƚĨƵŶĚƐĂƌĞĂĚŵŝŶŝƐƚĞƌĞĚŝŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚƚŚĞĂƉƉƌŽǀĞĚ ŐƌĂŶƚďƵĚŐĞƚ͕ĂǁĂƌĚĐŽŶĚŝƚŝŽŶƐ͕ĂŶĚĂƉƉůŝĐĂďůĞĨĞĚĞƌĂůƌĞƋƵŝƌĞŵĞŶƚƐ͘͘ ŝƐďƵƌƐĞŵĞŶƚŽĨ&ƵŶĚƐƚŽ^ƵďƌĞĐŝƉŝĞŶƚƐ
^ƵďƌĞĐŝƉŝĞŶƚƐǁŝůůďĞƌĞŝŵďƵƌƐĞĚĨŽƌĞůŝŐŝďůĞĞǆƉĞŶĚŝƚƵƌĞƐŝŶĐƵƌƌĞĚŝŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚƚŚĞĂƉƉƌŽǀĞĚ^ƵďͲ ǁĂƌĚ ŐƌĞĞŵĞŶƚ͘ ^ƵďƌĞĐŝƉŝĞŶƚƐ ƐŚĂůů ƐƵďŵŝƚ ƌĞŝŵďƵƌƐĞŵĞŶƚ ƌĞƋƵĞƐƚƐ ƚŽ ƚŚĞ >Θ:' ǁŝƚŚ ƐƵĨĨŝĐŝĞŶƚ ƐƵƉƉŽƌƚŝŶŐĚŽĐƵŵĞŶƚĂƚŝŽŶ ƚŽĚĞŵŽŶƐƚƌĂƚĞ ƚŚĂƚĞǆƉĞŶĚŝƚƵƌĞƐĂƌĞĂůůŽǁĂďůĞ͕ƌĞĂƐŽŶĂďůĞ͕ĂůůŽĐĂďůĞ͕ĂŶĚ ŝŶĐƵƌƌĞĚǁŝƚŚŝŶƚŚĞĂƉƉƌŽǀĞĚƉƌŽũĞĐƚƉĞƌŝŽĚ͘
dŚĞ 'ƌĂŶƚ ŽŽƌĚŝŶĂƚŽƌ ǁŝůů ƌĞǀŝĞǁ ƌĞŝŵďƵƌƐĞŵĞŶƚ ƌĞƋƵĞƐƚƐ ĂŶĚ ƐƵƉƉŽƌƚŝŶŐ ĚŽĐƵŵĞŶƚĂƚŝŽŶ ƚŽ ǀĞƌŝĨǇ ĐŽŵƉůŝĂŶĐĞǁŝƚŚƚŚĞĨĞĚĞƌĂůĂǁĂƌĚƌĞƋƵŝƌĞŵĞŶƚƐ͕ĂƉƉůŝĐĂďůĞ:'ŐƵŝĚĞůŝŶĞƐ͕ĂƉƉƌŽǀĞĚƉƌŽũĞĐƚƐĐŽƉĞ͕ĂŶĚ ĂƉƉƌŽǀĞĚďƵĚŐĞƚƉƌŝŽƌƚŽƌĞŝŵďƵƌƐĞŵĞŶƚ͘dŚĞ'ƌĂŶƚŽŽƌĚŝŶĂƚŽƌŵĂǇƌĞƋƵĞƐƚĂĚĚŝƚŝŽŶĂůĚŽĐƵŵĞŶƚĂƚŝŽŶ ŽƌĐůĂƌŝĨŝĐĂƚŝŽŶĨƌŽŵƚŚĞƐƵďƌĞĐŝƉŝĞŶƚƉƌŝŽƌƚŽĂƉƉƌŽǀĂů͘ hƉŽŶ ĂƉƉƌŽǀĂů ŽĨ ƚŚĞ ƌĞŝŵďƵƌƐĞŵĞŶƚ ƌĞƋƵĞƐƚ͕ ƚŚĞ 'ƌĂŶƚ ŽŽƌĚŝŶĂƚŽƌ ǁŝůů ƉƌŽĐĞƐƐ ƚŚĞ ƉĂǇŵĞŶƚ ĚŽĐƵŵĞŶƚĂƚŝŽŶĂŶĚĐŽŽƌĚŝŶĂƚĞƌĞŝŵďƵƌƐĞŵĞŶƚƚŽƚŚĞƐƵďƌĞĐŝƉŝĞŶƚ͘dŚĞƵĚŝƚŽƌͲŽŶƚƌŽůůĞƌͬdƌĞĂƐƵƌĞƌͬdĂǆ ŽůůĞĐƚŽƌ;dͿǁŝůůƉƌŽĐĞƐƐĂƉƉƌŽǀĞĚƉĂǇŵĞŶƚƐ͘
27 227

dŽŶŽƚŝĨǇƐƵďƌĞĐŝƉŝĞŶƚƐŽĨƚŚĞĨĞĚĞƌĂůĂǁĂƌĚŶƵŵďĞƌ͕ƐƐŝƐƚĂŶĐĞ>ŝƐƚŝŶŐEƵŵďĞƌ͕ĂŶĚĂŵŽƵŶƚŽĨĨĞĚĞƌĂů ĨƵŶĚƐƉƌŽǀŝĚĞĚĂƚƚŚĞƚŝŵĞŽĨƌĞŝŵďƵƌƐĞŵĞŶƚ͕ƚŚĞĨŽůůŽǁŝŶŐƐƚĞƉƐǁŝůůďĞĨŽůůŽǁĞĚ͗ x WĂǇŵĞŶƚĚŽĐƵŵĞŶƚƐǁŝůů ƌĞĨĞƌĞŶĐĞ ƚŚĞ ĨĞĚĞƌĂůĂǁĂƌĚŶƵŵďĞƌ͕ƐƐŝƐƚĂŶĐĞ>ŝƐƚŝŶŐEƵŵďĞƌ͕ĂŶĚ ĂŵŽƵŶƚŽĨĨĞĚĞƌĂůĨƵŶĚƐƌĞŝŵďƵƌƐĞĚ͘
x ŽƌƌĞƐƉŽŶĚĞŶĐĞ ƉƌŽǀŝĚĞĚ ǁŝƚŚ ƌĞŝŵďƵƌƐĞŵĞŶƚ ƉĂǇŵĞŶƚƐ ǁŝůů ŝĚĞŶƚŝĨǇ ƚŚĞ ĂƉƉůŝĐĂďůĞ ĨĞĚĞƌĂů ĂǁĂƌĚŝŶĨŽƌŵĂƚŝŽŶĂŶĚĂŶǇƌĞƋƵŝƌĞĚĐŽŵƉůŝĂŶĐĞŝŶĨŽƌŵĂƚŝŽŶ͘ ^ƵďƌĞĐŝƉŝĞŶƚDŽŶŝƚŽƌŝŶŐZĞƋƵŝƌĞŵĞŶƚ
^ƵďͲĂǁĂƌĚƐǁŝůůďĞŵŽŶŝƚŽƌĞĚŝŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚĂůůĂƉƉůŝĐĂďůĞƐƚĂƚƵƚĞƐ͕ƌĞŐƵůĂƚŝŽŶƐ͕ƚŚĞhŶŝĨŽƌŵ'ƌĂŶƚ 'ƵŝĚĂŶĐĞ͕KDŝƌĐƵůĂƌƐ͕ĂŶĚŐƵŝĚĞůŝŶĞƐ͕ŝŶĐůƵĚŝŶŐƚŚĞKĨĨŝĐĞŽĨ:ƵƐƚŝĐĞWƌŽŐƌĂŵƐ&ŝŶĂŶĐŝĂů'ƵŝĚĞ͘dŚĞ ƌĞĐŝƉŝĞŶƚǁŝůůŝŶĐůƵĚĞƚŚĞĂƉƉůŝĐĂďůĞĐŽŶĚŝƚŝŽŶƐŽĨƚŚŝƐĂǁĂƌĚŝŶĂŶǇƐƵďͲĂǁĂƌĚ͘dŚĞƌĞĐŝƉŝĞŶƚŝƐƌĞƐƉŽŶƐŝďůĞ ĨŽƌƚŚĞĨŽůůŽǁŝŶŐ͗
x
ŶƐƵƌĞƚŚĂƚĞǀĞƌǇƐƵďͲĂǁĂƌĚŝƐĐůĞĂƌůǇŝĚĞŶƚŝĨŝĞĚƚŽƚŚĞƐƵďƌĞĐŝƉŝĞŶƚĂƐĂƐƵďͲĂǁĂƌĚĂŶĚŝŶĐůƵĚĞƐ ĂƉƉůŝĐĂďůĞĐŽŶĚŝƚŝŽŶƐŽĨƚŚĞĨĞĚĞƌĂůĂǁĂƌĚ͘
x
ǀĂůƵĂƚĞ ĞĂĐŚ ƐƵďƌĞĐŝƉŝĞŶƚ͛Ɛ ƌŝƐŬ ŽĨ ŶŽŶĐŽŵƉůŝĂŶĐĞ ǁŝƚŚ ĨĞĚĞƌĂů ƐƚĂƚƵƚĞƐ͕ ƌĞŐƵůĂƚŝŽŶƐ ĂŶĚ ƚŚĞ ƚĞƌŵƐĂŶĚĐŽŶĚŝƚŝŽŶƐŽĨƚŚĞƐƵďͲĂǁĂƌĚĨŽƌƉƵƌƉŽƐĞƐŽĨĚĞƚĞƌŵŝŶŝŶŐƚŚĞĂƉƉƌŽƉƌŝĂƚĞƐƵďƌĞĐŝƉŝĞŶƚ ŵŽŶŝƚŽƌŝŶŐƉƌŽĐĞĚƵƌĞƐ͘
x KǀĞƌƐŝŐŚƚ ŽĨ ƐƵďƌĞĐŝƉŝĞŶƚ ƐƉĞŶĚŝŶŐ ƚŚƌŽƵŐŚ ƌĞǀŝĞǁ ŽĨ ƌĞŝŵďƵƌƐĞŵĞŶƚ ƌĞƋƵĞƐƚƐ͕ ƐƵƉƉŽƌƚŝŶŐ ĚŽĐƵŵĞŶƚĂƚŝŽŶ͕ ĂŶĚ ŵŽŶŝƚŽƌŝŶŐ ŽĨ ƐƉĞĐŝĨŝĐ ŽƵƚĐŽŵĞƐ ĂŶĚ ďĞŶĞĨŝƚƐ ĂƚƚƌŝďƵƚĂďůĞ ƚŽ ƚŚĞ ƵƐĞ ŽĨ ĨƵŶĚƐ͘
x ZĞǀŝĞǁ ƌĞŝŵďƵƌƐĞŵĞŶƚ ĚŽĐƵŵĞŶƚĂƚŝŽŶ ƚŽǀĞƌŝĨǇĞǆƉĞŶĚŝƚƵƌĞƐĂƌĞĂůůŽǁĂďůĞ ƵŶĚĞƌ ƚŚĞ ĨĞĚĞƌĂů ĂǁĂƌĚ͕ ĐŽŶƐŝƐƚĞŶƚ ǁŝƚŚ ƚŚĞ ĂƉƉƌŽǀĞĚ ƉƌŽũĞĐƚ ďƵĚŐĞƚ ĂŶĚ ƐĐŽƉĞ ŽĨ ǁŽƌŬ͕ ĂŶĚ ĂĚĞƋƵĂƚĞůǇ ƐƵƉƉŽƌƚĞĚ͘
x ZĞǀŝĞǁĨŝŶĂŶĐŝĂůĂŶĚƉĞƌĨŽƌŵĂŶĐĞƌĞƉŽƌƚƐ͘
x &ŽůůŽǁͲƵƉĂŶĚĞŶƐƵƌĞ ƚŚĂƚ ƐƵďƌĞĐŝƉŝĞŶƚƐ ƚĂŬĞ ƚŝŵĞůǇĂŶĚĂƉƉƌŽƉƌŝĂƚĞĂĐƚŝŽŶŽŶĂůůĚĞĨŝĐŝĞŶĐŝĞƐ ƉĞƌƚĂŝŶŝŶŐ ƚŽ ƚŚĞ ĨĞĚĞƌĂů ĂǁĂƌĚ ƉƌŽǀŝĚĞĚ ƚŽ ƚŚĞ ƐƵďƌĞĐŝƉŝĞŶƚ ĨƌŽŵ ƚŚĞ ƉĂƐƐͲƚŚƌŽƵŐŚ ĞŶƚŝƚǇ ĚĞƚĞĐƚĞĚƚŚƌŽƵŐŚĂƵĚŝƚƐ͕ŽŶͲƐŝƚĞŵŽŶŝƚŽƌŝŶŐǀŝƐŝƚƐ͕ĂŶĚŽƚŚĞƌŵĞĂŶƐ͘ x /ƐƐƵĞĂŵĂŶĂŐĞŵĞŶƚĚĞĐŝƐŝŽŶĨŽƌĂƵĚŝƚĨŝŶĚŝŶŐƐƉĞƌƚĂŝŶŝŶŐƚŽƚŚĞĨĞĚĞƌĂůĂǁĂƌĚƉƌŽǀŝĚĞĚƚŽƚŚĞ ƐƵďƌĞĐŝƉŝĞŶƚĨƌŽŵƚŚĞƉĂƐƐͲƚŚƌŽƵŐŚĞŶƚŝƚǇĂƐƌĞƋƵŝƌĞĚďǇϮ&ZϮϬϬ͘ϱϮϭDĂŶĂŐĞŵĞŶƚĞĐŝƐŝŽŶ͘ x sĞƌŝĨǇƚŚĂƚĞǀĞƌǇƐƵďƌĞĐŝƉŝĞŶƚǁŚŽŝƐĞǆƉĞĐƚĞĚƚŽĞǆƉĞŶĚΨϳϱϬ͕ϬϬϬŽƌŵŽƌĞŝƐĂƵĚŝƚĞĚĂƐƌĞƋƵŝƌĞĚ ďǇϮ&ZϮϬϬ^ƵďƉĂƌƚ&ƵĚŝƚZĞƋƵŝƌĞŵĞŶƚƐ͘
x ŽŶƐŝĚĞƌ ǁŚĞƚŚĞƌ ƚŚĞ ƌĞƐƵůƚƐ ŽĨ ƚŚĞ ƐƵďƌĞĐŝƉŝĞŶƚ͛Ɛ ĂƵĚŝƚƐ͕ ŽŶͲƐŝƚĞ ŵŽŶŝƚŽƌŝŶŐ ǀŝƐŝƚƐ Žƌ ŽƚŚĞƌ ŵŽŶŝƚŽƌŝŶŐ ŝŶĚŝĐĂƚĞ ĐŽŶĚŝƚŝŽŶƐ ƚŚĂƚ ŶĞĐĞƐƐŝƚĂƚĞ ĂĚũƵƐƚŵĞŶƚƐ ƚŽ ƚŚĞ ƉĂƐƐͲƚŚƌŽƵŐŚ ĞŶƚŝƚǇ͛Ɛ ŽǁŶ ƌĞĐŽƌĚƐ͘
x ŽŶƐŝĚĞƌƚĂŬŝŶŐĞŶĨŽƌĐĞŵĞŶƚĂŐĂŝŶƐƚŶŽŶĐŽŵƉůŝĂŶƚƐƵďƌĞĐŝƉŝĞŶƚƐĂƐĚĞƐĐƌŝďĞĚŝŶϮ&ZϮϬϬ͘ϯϯϴ ZĞŵĞĚŝĞƐ͘
^ƵďƌĞĐŝƉŝĞŶƚDŽŶŝƚŽƌŝŶŐWƌŽĐĞƐƐ
KŶͲƐŝƚĞŵŽŶŝƚŽƌŝŶŐŽĨŐƌĂŶƚͲĨƵŶĚĞĚƉƌŽũĞĐƚƐŵĂǇďĞĐŽŶĚƵĐƚĞĚďǇƚŚĞh͘^͘ĞƉĂƌƚŵĞŶƚŽĨ:ƵƐƚŝĐĞŽƌƚŚĞ ŽƵŶƚǇŽĨ^ĂŶĞƌŶĂƌĚŝŶŽ͘ƚƚŚĂƚƚŝŵĞ͕ƚŚĞŝĚĞŶƚŝĨŝĞĚƐƵďƌĞĐŝƉŝĞŶƚĂŐĞŶĐǇǁŝůůďĞƌĞƋƵŝƌĞĚƚŽƉƌŽǀŝĚĞ ĚŽĐƵŵĞŶƚĂƚŝŽŶ ƐƵƉƉŽƌƚŝŶŐ ƌĞŝŵďƵƌƐĞŵĞŶƚ ƌĞƋƵĞƐƚƐ͕ ĞǆƉĞŶĚŝƚƵƌĞƐ͕ ƉĞƌĨŽƌŵĂŶĐĞ ŵĞĂƐƵƌĞƐ͕ ĂŶĚ ĐŽŵƉůŝĂŶĐĞǁŝƚŚĂƉƉůŝĐĂďůĞĨĞĚĞƌĂůƌĞƋƵŝƌĞŵĞŶƚƐ͘ƉŚǇƐŝĐĂůƌĞǀŝĞǁŽĨŝƚĞŵƐĨƵŶĚĞĚƚŚƌŽƵŐŚƚŚĞŐƌĂŶƚ ŵĂǇĂůƐŽďĞƌĞƋƵĞƐƚĞĚ͘
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dŽ ĞŶƐƵƌĞ ĨƵůů ĐŽŵƉůŝĂŶĐĞ ǁŝƚŚ ƚŚŝƐ ůĞŐŝƐůĂƚŝǀĞ ŵĂŶĚĂƚĞ͕ Ăůů ŐƌĂŶƚ ƌĞůĂƚĞĚ ĚŽĐƵŵĞŶƚĂƚŝŽŶ ƚŽ ŝŶĐůƵĚĞ ƚŝŵĞƐŚĞĞƚƐ͕ŝŶǀŽŝĐĞƐ͕ƉƵƌĐŚĂƐĞŽƌĚĞƌƐ͕ĐĂŶĐĞůĞĚĐŚĞĐŬƐ͕ĂŶĚĐŽŶƚƌĂĐƚƐŵƵƐƚďĞŵĂŝŶƚĂŝŶĞĚŝŶĂůŽĐĂƚŝŽŶ ĂĐĐĞƐƐŝďůĞƚŽƚŚĞƉĞƌƐŽŶƌĞƐƉŽŶƐŝďůĞĨŽƌŵĂŶĂŐŝŶŐƚŚĞƐƵďͲĂǁĂƌĚ͕ĂŶĚƚŚĞĂŐĞŶĐǇ͛ƐĐŚŝĞĨĞǆĞĐƵƚŝǀĞ͘ /ĨŝƚŝƐĚĞƚĞƌŵŝŶĞĚ ĨƵŶĚƐĂƌĞŶŽƚďĞŝŶŐƵƐĞĚ ĨŽƌĂƉƉƌŽǀĞĚƉƵƌƉŽƐĞƐ͕ŽƌŝĨƉƌŽƉĞƌĚŽĐƵŵĞŶƚĂƚŝŽŶŝƐŶŽƚ ŵĂŝŶƚĂŝŶĞĚ͕ƚŚĞĂŵŽƵŶƚŝŶƋƵĞƐƚŝŽŶŵƵƐƚďĞƌĞƚƵƌŶĞĚƚŽƚŚĞh͘^͘ĞƉĂƌƚŵĞŶƚŽĨ:ƵƐƚŝĐĞ͘dŚĞƐƵďƌĞĐŝƉŝĞŶƚ ĂŐĞŶĐǇŵĂǇĂůƐŽďĞĚĞĞŵĞĚŝŶĞůŝŐŝďůĞĨŽƌĨƵƚƵƌĞĨĞĚĞƌĂůĨƵŶĚŝŶŐ͘ KŶͲ^ŝƚĞDŽŶŝƚŽƌŝŶŐ
dŚĞŽƵŶƚǇŽĨ^ĂŶĞƌŶĂƌĚŝŶŽ>Θ:'ŵĂǇĐŽŶĚƵĐƚŽŶͲƐŝƚĞŵŽŶŝƚŽƌŝŶŐ͘dŚĞŵŽŶŝƚŽƌŝŶŐǁŝůůďĞďĂƐĞĚƵƉŽŶ ƉĞƌĨŽƌŵĂŶĐĞ ĂŶĚ ƌĞƉŽƌƚĞĚ ĞǆƉĞŶĚŝƚƵƌĞ ŽĨ ĨƵŶĚƐ͘ dŚĞ ŵŽŶŝƚŽƌŝŶŐ ǁŝůů ďĞ ďĂƐĞĚ ƵƉŽŶ ƉĞƌĨŽƌŵĂŶĐĞ͕ ƚƌĂĐŬĞĚƚŚƌŽƵŐŚƌĞƉŽƌƚƐĂŶĚƌĞŐƵůĂƌĐŽƌƌĞƐƉŽŶĚĞŶĐĞ͘dŚŝƐŵĞƚŚŽĚǁŝůůĞŶƐƵƌĞƚŚĞƐƵďƌĞĐŝƉŝĞŶƚŝŶŐƌĞĂƚĞƐƚ ŶĞĞĚĨŽƌĂƐƐŝƐƚĂŶĐĞŝŶŵĂŶĂŐŝŶŐƚŚĞŝƌĂǁĂƌĚŝƐƉƌŽǀŝĚĞĚƚŚĞŶĞĐĞƐƐĂƌǇƚŽŽůƐƚŽďĞŝŶĨƵůůĐŽŵƉůŝĂŶĐĞǁŝƚŚ h͘^͘ĞƉĂƌƚŵĞŶƚŽĨ:ƵƐƚŝĐĞƌĞƋƵŝƌĞŵĞŶƚƐ͘
/ĨƐĞůĞĐƚĞĚĨŽƌŵŽŶŝƚŽƌŝŶŐ͕ƚŚĞƐƵďƌĞĐŝƉŝĞŶƚǁŝůůďĞŶŽƚŝĨŝĞĚĂƚůĞĂƐƚϮϬĚĂǇƐƉƌŝŽƌƚŽƚŚĞŵŽŶŝƚŽƌŝŶŐ͘dŚĞ ƐƚĂĨĨ ƉĞƌƐŽŶ ƌĞƐƉŽŶƐŝďůĞ ĨŽƌ ŵĂŶĂŐŝŶŐ ƚŚĞ ƐƵďͲĂǁĂƌĚ͕ ƚŚĞ ƐƚĂĨĨ ƉĞƌƐŽŶ ĂƐƐŝŐŶĞĚ ƚŽ ŵĂŶĂŐŝŶŐ ĨŝƐĐĂů ŽƉĞƌĂƚŝŽŶƐ͕ ƚŚĞ ĐŚŝĞĨ ĞǆĞĐƵƚŝǀĞ ŽĨ ƚŚĞ ƐƵďƌĞĐŝƉŝĞŶƚ ĂŐĞŶĐǇ͕ ĂŶĚ ĂŶǇ ŽƚŚĞƌ ĂƉƉůŝĐĂďůĞ ƉĞƌƐŽŶƐ ĚŝƌĞĐƚůǇ ŝŶǀŽůǀĞĚŝŶƚŚĞŽǀĞƌƐŝŐŚƚŽĨŐƌĂŶƚĨƵŶĚƐǁŝůůďĞĂƐŬĞĚƚŽĂƚƚĞŶĚ͘ƉƉƌŽƉƌŝĂƚĞĚŽĐƵŵĞŶƚĂƚŝŽŶǁŝůůĂůƐŽďĞ ƌĞƋƵĞƐƚĞĚ ĨŽƌ ƌĞǀŝĞǁ͘ ƵƌŝŶŐ ƚŚĞŵŽŶŝƚŽƌŝŶŐ͕ ƚŚĞ ĨŽůůŽǁŝŶŐ ŝƚĞŵƐǁŝůů ďĞ ƌĞǀŝĞǁĞĚ ĂŶĚͬŽƌ ĚŝƐĐƵƐƐĞĚ͗ ŝŶǀŽŝĐĞƐ͕ ƚŝŵĞƐŚĞĞƚƐ͕ ĐĂŶĐĞůĞĚ ĐŚĞĐŬƐ͕ĞƋƵŝƉŵĞŶƚ ƉƵƌĐŚĂƐĞĚ͕ ƉŽůŝĐŝĞƐ ĂŶĚ ƉƌŽĐĞĚƵƌĞƐ͕ ĨŝŶĂŶĐŝĂů ƐƚĂƚƵƐ ƌĞƉŽƌƚƐ͕ƉĞƌĨŽƌŵĂŶĐĞƌĞƉŽƌƚƐĂŶĚŐƌĂŶƚĨŝůĞƐ͘
/Ĩ ƚŚĞƐƵďƌĞĐŝƉŝĞŶƚŝƐŶŽŶͲĐŽŵƉůŝĂŶƚǁŝƚŚĂǁĂƌĚ ƌĞƋƵŝƌĞŵĞŶƚƐ͕ƚŚĞ ĨŽůůŽǁŝŶŐĂĐƚŝŽŶƐǁŝůůďĞ ƚĂŬĞŶ͗dŚĞ ŽƵŶƚǇ ŽĨ ^ĂŶ ĞƌŶĂƌĚŝŶŽ ǁŝůů ĂƐƐŝƐƚ ƚŚĞ ƐƵďƌĞĐŝƉŝĞŶƚ ǁŝƚŚ ƚŚĞ ƌĞƐŽůƵƚŝŽŶ ŽĨ ŝĚĞŶƚŝĨŝĞĚ ŝƐƐƵĞƐ͕ Ă ƌĞĐŽŵŵĞŶĚĂƚŝŽŶ ƚŽ ƚŚĞh͘^͘ĞƉĂƌƚŵĞŶƚ ŽĨ :ƵƐƚŝĐĞ ĨŽƌĂ ĨĞĚĞƌĂůŵŽŶŝƚŽƌŝŶŐ ŽĨ ƚŚĞ ƐƵďͲĂǁĂƌĚǁŝůů ďĞ ŵĂĚĞ͕ ĨƵƚƵƌĞ ƉĂǇŵĞŶƚƐ ǁŝůů ďĞ ǁŝƚŚŚĞůĚ ƵŶƚŝů Ăůů ŝƐƐƵĞƐ ĂƌĞ ƌĞƐŽůǀĞĚ͕ ĂŶĚ ĐůŽƐĞƌ ŽǀĞƌƐŝŐŚƚ ŽĨ ƚŚĞ ƐƵďƌĞĐŝƉŝĞŶƚďǇ^ĂŶĞƌŶĂƌĚŝŶŽŽƵŶƚǇǁŝůůďĞŝŵƉůĞŵĞŶƚĞĚ͘ WƌŽũĞĐƚĐĐŽƵŶƚŝŶŐĂŶĚZĞĐŽƌĚ<ĞĞƉŝŶŐ
ĚĞƋƵĂƚĞĐŽŶƚƌŽůŽĨ ĨƵŶĚƐƌĞĐĞŝǀĞĚƚŽĞŶƐƵƌĞĐŽŵƉůŝĂŶĐĞǁŝƚŚ ĨĞĚĞƌĂůĂŶĚƐƚĂƚĞƌĞŐƵůĂƚŝŽŶƐĂŶĚŐƌĂŶƚ ƐƵďͲĂǁĂƌĚĐŽŶĚŝƚŝŽŶƐǁŝůůďĞĂĐĐŽŵƉůŝƐŚĞĚ͘^ĞƉĂƌĂƚĞƌĞĐŽƌĚƐĂƌĞŵĂŝŶƚĂŝŶĞĚĨŽƌĞĂĐŚƉƌŽũĞĐƚƚŽĂǀŽŝĚ ĐŽŵŵŝŶŐůŝŶŐ ŽĨ ƉƌŽũĞĐƚ ĨƵŶĚƐ ǁŝƚŚ ŽƚŚĞƌ ĨƵŶĚƐ͘ ZĞĐŽƌĚƐ ŵĂŝŶƚĂŝŶĞĚ ƐŚĂůů ŝŶĐůƵĚĞ ƌĞŝŵďƵƌƐĞŵĞŶƚ ƌĞƋƵĞƐƚƐ͕ ƐƵƉƉŽƌƚŝŶŐ ŝŶǀŽŝĐĞƐ ĂŶĚ ĚŽĐƵŵĞŶƚĂƚŝŽŶ͕ ĂƉƉƌŽǀĂůƐ͕ ƉĂǇŵĞŶƚ ƌĞĐŽƌĚƐ͕ ĐŽƌƌĞƐƉŽŶĚĞŶĐĞ͕ ƉĞƌĨŽƌŵĂŶĐĞƌĞƉŽƌƚƐ͕ĂŶĚŽƚŚĞƌĚŽĐƵŵĞŶƚĂƚŝŽŶŶĞĐĞƐƐĂƌǇƚŽĚĞŵŽŶƐƚƌĂƚĞĐŽŵƉůŝĂŶĐĞǁŝƚŚĨĞĚĞƌĂůĂǁĂƌĚ ƌĞƋƵŝƌĞŵĞŶƚƐ͘
KďůŝŐĂƚŝŽŶĂŶĚ
ǆƉĞŶĚŝƚƵƌĞŽĨ&ƵŶĚƐ
ůů'ƌĂŶƚĨƵŶĚƐŵƵƐƚďĞŽďůŝŐĂƚĞĚďǇƚŚĞƚĞƌŵŝŶĂƚŝŽŶĚĂƚĞŽĨƚŚĞƉƌŽũĞĐƚ͘ 'ƌĂŶƚĨƵŶĚƐůĞŐĂůůǇŽďůŝŐĂƚĞĚďǇƚŚĞƚĞƌŵŝŶĂƚŝŽŶĚĂƚĞŵƵƐƚďĞĞǆƉĞŶĚĞĚǁŝƚŚŝŶƚŚĞƚŝŵĞĨƌĂŵĞƐƉĞĐŝĨŝĞĚ ǁŝƚŚŝŶƚŚĞ'ƌĂŶƚŽŶƚƌĂĐƚ͕ŐƌĞĞŵĞŶƚ͕Žƌ^ƵďͲǁĂƌĚŐƌĞĞŵĞŶƚ͘:ƵƐƚŝĐĞƐƐŝƐƚĂŶĐĞ'ƌĂŶƚĨƵŶĚƐŵƵƐƚďĞ ĞǆƉĞŶĚĞĚďǇƚŚĞĞŶĚŽĨƚŚĞƉƌŽũĞĐƚƉĞƌŝŽĚ͘
ZĞƉŽƌƚŝŶŐZĞƋƵŝƌĞŵĞŶƚƐ
^ƵďŵŝƐƐŝŽŶŽĨĨŝŶĂŶĐŝĂůĂŶĚƉĞƌĨŽƌŵĂŶĐĞƌĞƉŽƌƚƐǁŝůůďĞĂĐĐŽŵƉůŝƐŚĞĚŝŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚƚŚĞŐƵŝĚĞůŝŶĞƐ ƐƉĞĐŝĨŝĞĚ ŝŶ ƚŚĞ 'ƌĂŶƚ ŽŶƚƌĂĐƚ͕ ŐƌĞĞŵĞŶƚ͕ Žƌ ^ƵďͲǁĂƌĚ ŐƌĞĞŵĞŶƚ͘ ^ƵďƌĞĐŝƉŝĞŶƚƐ ƐŚĂůů ƉƌŽǀŝĚĞ ĞǆƉĞŶĚŝƚƵƌĞŝŶĨŽƌŵĂƚŝŽŶ͕ƐƵƉƉŽƌƚŝŶŐĚŽĐƵŵĞŶƚĂƚŝŽŶ͕ĂŶĚƉĞƌĨŽƌŵĂŶĐĞĚĂƚĂŶĞĐĞƐƐĂƌǇĨŽƌƚŚĞŽƵŶƚǇƚŽ ŵĞĞƚĨĞĚĞƌĂůƌĞƉŽƌƚŝŶŐĂŶĚŵŽŶŝƚŽƌŝŶŐƌĞƋƵŝƌĞŵĞŶƚƐ͘
29 229
Subrecipient Audits - Uniform Grant Guidance and 0MB Circular A-133 Compliance Subrecipients are required to comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200 (Uniform Grant Guidance) for federal awards made on or after December 26, 2014, or with the 0MB Circular A-133 for federal awards made prior to December 26, 2014.

A single or program specific audit is required in any year that a government expends $750,000 or more a year in federal awards. Both the Uniform Grant Guidance and the 0MB Circular A-133 require audits to be completed and submitted to the Federal Audit Clearinghouse (FAC) no later than nine (9) months after the close of each fiscal year during the term of each grant award. As a condition of the sub-award agreement, the Law and Justice Group will require the subrecipient to submit a copy of the audit, including any corrective action plan within 30 days from the date of submission to the FAC. The Grant Coordinator will review and ensure that the subrecipient audit reports are received and that all audit findings have been resolved. Failure of the subrecipient to have audits performed as required may result in the withholding of new discretionary awards and/or withholding of funds.

Project Closeout
The Grant Coordinator will schedule, monitor, and ensure timely completion of all required closeout activities and final financial reports in conformance with the guidelines required by the awarding agency.

Inventory Control
Subrecipients will maintain an inventory of equipment purchased with grant funds and submit inventory records to the Grants Coordinator if requested. Records shall be retained for a period of three years from the date of the disposition or replacement or transfer at the discretion of the awarding agency. As equipment or other non-expendable property is purchased and received, it will be permanently marked, a property inventory record completed, and the property inventory record will be made part of the permanent grant sub-award file. Disposition of equipment will be done in accordance with the awarding agency's guidelines.

Retention Period
Project records must be maintained for the required period after the awarding agency determines that the grantee has met all the project requirements and the project has been accepted for closeout. Records will be maintained for a minimum of three years. The three-year retention period starts from the date of the submission of the closure of the single audit report which covers the grant period and lasts until completion of any disputes arising prior to the expiration of the three year period, whichever is later.

APPROVED BY:

Brent Martin, Chair
Law and Justice Group
Date
August 3, 2026

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Interlocal Agreement – 2025 Justice Assistance
Grant Page 1

INTERLOCAL AGREEMENT

BETWEEN THE TOWN OF APPLE VALLEY AND THE CITIES OF ADELANTO, BARSTOW,

CHINO, COLTON, FONTANA, HESPERIA, HIGHLAND, MONTCLAIR, ONTARIO, RANCHO

CUCAMONGA, REDLANDS, RIALTO, SAN BERNARDINO, UPLAND, VICTORVILLE,

YUCAIPA, AND SAN BERNARDINO COUNTY, CA

CONCERNING DISTRIBUTION OF THE
2025 JUSTICE ASSISTANCE GRANT AWARD
This Agreement is made and entered into this 1 day of September, 2026, by and between SAN BERNARDINO COUNTY, acting by and through its governing body, the Board of Supervisors (hereinafter referred to as “COUNTY”), and the aforementioned TOWNS (hereinafter referred to as “TOWNS”) and named CITIES (hereinafter referred to as “CITIES”), acting by and through their respective governing bodies, the Town Councils and City Councils, all of whom are situated within San Bernardino County, State of California, as follows:

WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of all parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this Agreement; and
WHEREAS, the TOWNS and CITIES acknowledge that under this Agreement they shall request reimbursement from COUNTY only for eligible expenditures that are properly documented and consistent with allowable JAG activities under the FY25 JAG guidelines and applicable federal guidelines, including 2 CFR Part 200 and Bureau of Justice Assistance (BJA) special conditions; and COUNTY agrees to reimburse TOWNS and CITIES for their respective grant allocations as reflected in Appendix 1, less five percent (5%) retained by COUNTY for administrative costs related to oversight and management of subawards, and TOWNS and CITIES acknowledge that the five percent (5%) administrative fee will be used by COUNTY to administer their programs during the permissible period of performance; and WHEREAS, the TOWNS and CITIES agree that all JAG funds will be distributed and reimbursed in accordance with this Agreement and applicable FY25 JAG requirements.

WHEREAS, TOWNS and CITIES agree that they will enter into subrecipient agreements with COUNTY after the federal JAG award is received.

NOW THEREFORE, the COUNTY and TOWNS and CITIES agree as follows:

Section 1. Reimbursement of Funds
COUNTY shall reimburse TOWNS and CITIES for eligible expenditures incurred in connection with the FY25 JAG Award upon submission of proper documentation and verification that such costs comply with applicable federal requirements, including 2 CFR Part 200, and FY25 JAG guidelines. COUNTY shall retain five percent (5%) of the total JAG award for administrative purposes related to the management of subawards and compliance monitoring, as reflected in 231
Interlocal Agreement – 2025 Justice Assistance
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Appendix 1. No funds shall be advanced prior to documented expenditures, and all reimbursement requests shall be subject to review and approval by COUNTY prior to payment.

Section 2. Fund Management and Allowable Expenditures
TOWNS and CITIES shall ensure that all expenditures submitted for reimbursement are consistent with allowable JAG uses and properly documented in accordance with federal regulations and the FY25 JAG requirements. When applicable, no expenditure shall be deemed eligible for reimbursement until the TOWN or CITY has completed all required federal certifications for its planned JAG-funded activity. These certifications may include, but are not limited to, the Certifications and Assurances by the Chief Executive of the Applicant Government, the Body-Worn Camera Policy Certification when body-worn camera expenditures are planned, the Body Armor Mandatory Wear Policy Certification when body armor is purchased, the Extreme Risk Protection Order Certification when ERPO-related activities are funded, the Unmanned Aircraft System (UAS) or Counter‑UAS Certification when applicable, and any required documentation for the purchase of items otherwise prohibited without federal waiver. COUNTY shall not process reimbursements for any jurisdiction until all applicable certifications are provided.

TOWNS and CITIES acknowledge responsibility for compliance with all applicable federal regulations, including civil rights, anti-discrimination, and any special conditions imposed by the Bureau of Justice Assistance.

Section 3. Subrecipient Agreement
TOWNS and CITIES shall execute subrecipient agreements with COUNTY prior to commencing project activities under this Agreement or submitting any reimbursement requests under the FY25 JAG Award. These agreements shall include acknowledgment of the federal award, compliance with all applicable special conditions, responsibility for maintaining records, timely submission of programmatic and financial reports, and consent to monitoring or audit by COUNTY or federal authorities. Eligible costs incurred during the allowable period of performance may be reimbursed, provided such costs are allowable, properly documented, and incurred in compliance with applicable federal requirements and FY25 JAG guidelines. TOWNS and CITIES acknowledge that reimbursement is contingent upon full execution of the subrecipient agreement and compliance with its terms and applicable federal regulations.

Section 4. Reporting and Compliance
TOWNS and CITIES agree to provide COUNTY with any information or documentation requested to comply with federal reporting, monitoring, and audit requirements within five (5) business days of request. This includes supporting documentation for all expenditures submitted for reimbursement and performance measurement data.

Section 5. Liability
Nothing in this Agreement shall impose liability on COUNTY, TOWNS, or CITIES beyond that authorized by law. Each party is responsible for its own actions and shall not be liable for claims arising from another party’s expenditures, reimbursement requests, or use of JAG funds.

Section 6. No Third-Party Rights
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Interlocal Agreement – 2025 Justice Assistance
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The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement.

Section 7.

This Agreement does not create any obligations beyond those expressly set forth herein.

TOWNS, CITIES, and COUNTY shall comply with all applicable federal and state laws governing the use of federal funds, including the FY25 JAG requirements, and any regulations issued by the Bureau of Justice Assistance or the Office of Justice Programs. Reimbursement shall be the sole method of disbursing JAG funds under this Agreement.

Section 8.

This Agreement shall be effective from October 1, 2024 and shall continue through September 30, 2028, unless amended by mutual agreement of all parties.

Section 9.

This Agreement shall be governed by the laws of the State of California. The parties agree that the venue of any action or claim brought by any party to this Agreement will be the Superior Court of California, County of San Bernardino, San Bernardino District.

Section 10.

The parties are authorized self-insured or partially self-insured public entities for purposes of Professional Liability, General Liability, Automobile Liability and Worker's Compensation and warrant that through their respective programs of self-insurance and insurance, they have adequate coverage or resources to protect against liabilities arising out of performance of the terms, conditions or obligations of this Agreement.

Section 11.

This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other mail transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Agreement upon request
233
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WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

SAN BERNARDINO COUNTY
____________________________________________
Dawn Rowe, Chair, County Board of Supervisors
Dated: ______________________________________

SIGNED AND CERTIFIED THAT A COPY OF THIS

DOCUMENT HAS BEEN DELIVERED TO THE

CHAIRMAN OF THE BOARD
Lynna Monell
Clerk of the Board of Supervisors
San Bernardino County
By____________________________
Deputy
APPROVED AS TO FORM:
______________________________
*Daniella V. Hernandez, Deputy
County Counsel
*By law, the County Counsel’s Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our view of this document was conducted solely from the legal perspective of our clients. Our approval of this document was offered solely for the benefit of our clients.

Other parties should not rely on this approval and should seek review and approval by their own respective attorneys.
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Interlocal Agreement
– 2025 Justice Assistance
Grant Page 8

CITY OF CHINO, CA
______________________________
City Manager
ATTEST:
______________________________
City Clerk
APPROVED AS TO FORM:
______________________________
City Attorney //////////////////////////////////
235
Interlocal Agreement
– 2025 Justice Assistance
Grant Page 22
Jurisdiction Allocation 5% Admin Fee Award
San Bernardino County $ 139,611 $ (6,981) $ 132,630 $ 132,630 county alloc.

Adelanto $ 21,445 $ (1,072) $ 20,373 $ 41,151 admin alloc. $ 82,284 Sheriff Apple Valley $ 28,762 $ (1,438) $ 27,324 $ 649,249 city alloc. $ 50,346 DA Barstow $ 18,399 $ (920) $ 17,479 $ 823,030 $ 132,630
Chino $ 22,357 $ (1,118) $ 21,239
Colton $ 16,216 $ (811) $ 15,405
Fontana $ 45,601 $ (2,280) $ 43,321
Hesperia $ 38,861 $ (1,943) $ 36,918
Highland $ 27,754 $ (1,388) $ 26,366
Montclair $ 18,975 $ (949) $ 18,026
Ontario $ 45,169 $ (2,258) $ 42,911
Rancho Cucamonga $ 40,828 $ (2,041) $ 38,787
Redlands $ 17,103 $ (855) $ 16,248
Rialto $ 38,381 $ (1,919) $ 36,462
San Bernardino $ 192,480 $ (9,624) $ 182,856
Upland $ 17,415 $ (871) $ 16,544
Victorville $ 80,648 $ (4,032) 76,616
Yucaipa $ 13,025 $ (651) $ 12,374
Yucca Valley $ - $ - $ -
Total $ 823,030 $ (41,151) $ 781,879
* Yucca Valley opt-out
JAG 2025 Allocations
236
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard FormLLL, 'Disclosure of Lobbying Activities,' in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

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237
Certification Regarding Lobbying

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The Subrecipient, as identified below, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Subrecipient understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

Subrecipient$JHQF\1DPH: _________________________________________________ )HGHUDO$ZDUG1XPEHU: BBBBBBBBBBBBBBBBBBBBBBBBBBB__________________________ Printed Name of Authorized Agent: ___________________________________________ Title: _____________________________________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB 6LJQDWXUH
BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB Date: _____________________________
15BJA-25-GG-03553-JAGX
238

MEMORANDUM

CITY OF CHINO

POLICE DEPARTMENT
CITY COUNCIL MEETING DATE: OCTOBER 6, 2026
TO: LINDA REICH, CITY MANAGER
FROM: KEVIN MENSEN, CHIEF OF POLICE

SUBJECT
..titl e
Federal Asset Forfeiture - Replacement Law Enforcement Equipment - SWAT Armor Kits (Armored Vests).
..end

RECOMMENDATION
1) Establish Federal Grant Number G4278; 2) appropriate $46,288.61 from the fund balance of the Asset Forfeiture/Department of Justice Fund 120 for the purchase of SWAT Armor Kits (Armored Vests); and 3) authorize the City Manager to execute all necessary documents on behalf of the City.
..body

FISCAL IMPACT
Requires an appropriation in the amount of $46,288.61 from the fund balance of the Federal Asset Forfeiture Fund 120. This funding was received in a prior fiscal year and recorded in the Federal Asset Forfeiture Fund 120.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
· Superior Customer Service
· Public Service Excellence through Internal and External Partnerships · Effective Technology
Revenue: 12040002-59500-G4278 Expenditure: 12040002-40010/43050-G4278 Transfer In: Transfer Out:
239
CITY COUNCIL MEETING DATE: OCTOBER 6, 2026
TITLE: FEDERAL ASSET FORFEITURE - REPLACEMENT LAW ENFORCEMENT EQUIPMENT - SWAT ARMOR KITS (ARMORED VESTS).

PAGE: 2

BACKGROUND
For several years, the Chino Police Department has actively participated in investigations or prosecutions that resulted in federal forfeiture. As a result, the city receives an equitable share of the net proceeds. Forfeiture funds are designated exclusively for law enforcement purposes and must supplement existing resources, not replace them.

ISSUES/ANALYSIS
The majority of the Chino Police Department’s SWAT Team armor kits (ballistic vests) were purchased in 2021 and have been in service for approximately five years. Based on the manufacturer’s recommended service life of five years, the Department is seeking to replace eighteen (18) aging armor systems to ensure SWAT personnel continue to have appropriate ballistic protection during high-risk tactical operations.

In 2025, the Department purchased two TYR Tactical armor systems for newly added SWAT operators. The Department proposes replacing the remaining aging armor with the same proven platform to maintain consistent equipment across the SWAT Team, support operational readiness, and ensure standardized equipment configuration and training. Existing compatible equipment can also be transferred to the new armor systems, reducing additional replacement costs.

The total cost to purchase eighteen (18) TYR Tactical PICO MVS armor systems with armor packages is $46,288.61, including applicable sales tax and shipping. The purchase will be processed as a single-source procurement in accordance with the City’s procurement requirements.

Funding for this replacement was not included in the FY 2026-27 General Fund budget. Staff recommend using available Asset Forfeiture funds for this one-time purchase of specialized law enforcement safety equipment. Use of Asset Forfeiture funds will supplement existing Department resources and allow the Department to replace the aging SWAT armor without impacting currently appropriated General Fund operating funds. 240

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT
CITY COUNCIL MEETING DATE: OCTOBER 6, 2026
TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PUBLIC WORKS DIRECTOR

SUBJECT
..titl e
Chino Preserve Development Corporation – Final Map, Subdivision Improvement Agreement, and Development Impact Fee Construction Credit/Reimbursement Agreement for Tract Map No. 16420-8 (Block 8 and a Portion of Block 6), bounded by Pine Avenue to the north, Main Street to the east, Legacy Park Street to the south, and West Preserve Loop to the west. ..end

RECOMMENDATION
1) Approve Final Tract Map No. 16420-8; 2) approve the Subdivision Improvement Agreement and associated securities with Chino Preserve Development Corporation for Tract Map No. 16420-8; 3) approve a Development Impact Fee Construction Credit/Reimbursement Agreement with Chino Preserve Development Corporation for the construction of masterplanned facilities associated with Tract Map No. 16420-8; and 4) authorize the City Manager to execute all necessary documents on behalf of the City.
..body

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

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above will further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Responsible Long-Range Planning
 Public Service Excellence Through Internal & External Partnerships 241
CITY COUNCIL MEETING DATE: OCTOBER 6, 2026
TITLE: CHINO PRESERVE DEVELOPMENT CORPORATION - FINAL MAP, SUBDIVISION

IMPROVEMENT AGREEMENT, AND DEVELOPMENT IMPACT FEE CONSTRUCTION CREDIT/REIMBURSEMENT AGREEMENT FOR TRACT MAP NO. 16420-8 (BLOCK 8 AND A PORTION OF BLOCK 6), BOUNDED BY PINE AVENUE TO THE NORTH, MAIN STREET TO

THE EAST, LEGACY PARK STREET TO THE SOUTH, AND WEST PRESERVE LOOP TO THE WEST.

PAGE: 2

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

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

Subsequently, on May 15, 2024, the Planning Commission approved a 39.29-acre Master Site Approval for the future development of 866 residential units (644 for-rent and 222 for-sale) at an overall density of 22.04 dwelling units per acre. The approved project includes varying housing product types and a 0.34-acre pocket park within the Community Core 16 (CC-16), High Density Residential 16 (HDR-16), and High Density Residential 30 (HDR-30) land use designations. The project area is generally bounded by Pine Avenue to the north, Main Street to the east, Legacy Park Street to the south, and West Preserve Loop to the west, as depicted in Exhibit A.

The approved project area is being further subdivided through Tentative Tract Map No. 16420- 8, encompassing Block 8 in its entirety and a portion of Block 6, to establish separate legal lots that may be conveyed, transferred, financed, sold, or held under separate ownership. The subdivision provides the legal framework necessary to support phased development and implementation of the previously approved residential community.

The COA for this project requires construction of public improvements including, but not limited to, curb, gutter, sidewalk, curb ramps, streetlights, asphalt concrete pavement, median island and parkway landscaping, intersection and traffic signal improvements, as well as sewer, water, recycled water, and drainage infrastructure improvements. To guarantee completion of the required public improvements, the developer is required to enter into a Subdivision Improvement Agreement (SIA) with the City and provide the necessary securities in accordance with City requirements. All costs associated with the construction and implementation of the required public improvements shall be borne solely by the developer.

Additionally, certain required public improvements are identified as master-planned facilities within the City’s Preserve Development Impact Fee (“DIF”) Program. Pursuant to the City’s DIF Ordinance, when a developer is required, as a condition of approval, to construct a facility included in the applicable DIF Nexus and Calculation Report, the developer may be eligible for DIF credits and/or reimbursement for eligible costs. Accordingly, a Construction Credit/Reimbursement Agreement is required to establish the terms for the applicable DIF credits and reimbursement.
242
CITY COUNCIL MEETING DATE: OCTOBER 6, 2026
TITLE: CHINO PRESERVE DEVELOPMENT CORPORATION - FINAL MAP, SUBDIVISION

THE EAST, LEGACY PARK STREET TO THE SOUTH, AND WEST PRESERVE LOOP TO THE WEST.

PAGE: 3

ISSUES/ANALYSIS
The conditions established at the time of Site Approval have been satisfied through execution of the SIA for Tract Map No. 16420-8 and the posting of required securities guaranteeing construction of the public improvements associated with Block 8 and a portion of Block 6. The City Attorney has reviewed and approved the SIA and associated securities as to form.

Additionally, upon final acceptance of the public improvements, the Developer will submit supporting cost documentation to the City. The City Engineer will review the final approved “asbuilt” plans, specifications, and supporting documentation to determine the costs eligible for DIF credit and/or reimbursement in accordance with the DIF Construction Credit/Reimbursement Agreement, attached as Exhibit C.

Following approval of the final cost accounting, staff will return to the City Council to appropriate the necessary funds for reimbursement and authorize the application of applicable DIF credits until the City’s obligations under the Agreement have been fulfilled.

Attachments:

Exhibit A - Vicinity Map Tract Map No. 16420-8
Exhibit B - Subdivision Improvement Agreement
Exhibit C - Construction Credit & Reimbursement Agreement Exhibit D - Final Map
243
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SUBDIVISION IMPROVEMENT AGREEMENT
by and between

CITY OF CHINO
and

CHINO PRESERVE DEVELOPMENT CORPORATION
245
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SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN

THE CITY OF CHINO
AND

CHINO PRESERVE DEVELOPMENT CORPORATION
Agreement Date: October 6, 2026
Subdivider Name: Chino Preserve Development Corporation Subdivision Description: Master Site Approval for approximately 40 acres consisting of Lots 45 through 49 within Tentative Tract Map No. 16420 (Block 8), generally bounded by Market Street to the north, future Main Street to the east, future Legacy Park Street to the south, and future West Preserve Loop to the west.

Tentative Map No.: 16420-8
Estimated Total Cost of Improvements: $2,471,612.00
Estimated Total Cost of Monumentation: $16,770.00 (based upon the plans, including individual lots, subdivision boundary and public improvements).

Security:

Bonds:

Legacy Park $744,704.00
Market Street $496,971.00
WPL from Legacy to Market $923,312.00
WPL from Market to Pine $306,625.00
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Designees for the Service of Written Notice:

CITY: SUBDIVIDER:

Jesus Plasencia
Assistant City Engineer
13220 Central Avenue
Chino, CA 91710
(909) 334-3417
[email protected]
Chino Preserve Development Corporation
c/o Darius Fatakia
Lewis Management Corporation
1156 N. Mountain Avenue
Upland, CA 91786
(909) 579-1229
[email protected]

CITY PROJECT INSPECTOR
Isaac Ortega
Permit & Inspection Supervisor
13220 Central Avenue
Chino, CA 91710
(909) 334-3501
[email protected]
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TABLE OF CONTENTS

1. Construction Obligations

1.1 Works of Improvement

1.2 Other Obligations Referenced in Conditions of Tentative Map Approval

1.3 Intent of Plans

1.4 Survey Monuments

1.5 Performance of Work

1.6 Changes in the Work

1.7 Defective Work

1.8 No Warranty by City

1.9 Authority of the City Engineer

1.10 Documents Available at the Site

1.11 Inspection

1.12 Compliance with Law; Applicable Standards for Improvements

1.13 Suspension of Work

1.14 Erosion and Dust Control and Environmental Mitigation

1.15 Final Acceptance of Works of Improvement

1.16 Vesting of Ownership

1.17 Subdivider’s Obligation to Warn Public During Construction

1.18 Injury to Public Improvements, Public Property or Public Utility

2. Time for Performance

2.1 Commencement and Completion Dates

2.2 Phasing Requirements

2.3 Force Majeure

2.4 Continuous Work

2.5 Reversion to Acreage

3. Labor

3.1 Labor Standards

3.2 Nondiscrimination

3.3 Licensed Contractors

3.4 Workers’ Compensation

4. Security

4.1 Required Security

4.2 Form of Security Instruments

4.3 Subdivider’s Liability

4.4 Letters of Credit

4.5 Release of Security Instruments

5. Cost of Construction and Provision of Inspection Service 248
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5.1 Subdivider Responsible for All Related Costs of Construction

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

5.3 Payment of Development Impact Fees

6. Acceptance of Offers of Dedication

7. Warranty of Work

8. Default

8.1 Default by Subdivider

8.2 Remedies

8.3 Remedies Not Exclusive

8.4 Attorney’s Fees and Costs

8.5 Waiver

9. Indemnity/Hold Harmless

10. Subdivider’s Indemnity of Project Approval

11. Insurance Requirements

12. Environmental Warranty

13. General Provisions

13.1 Successors and Assigns

13.2 No Third-Party Beneficiaries

13.3 No Vesting Rights

13.4 Subdivider is Not Agent of City

13.5 Time of the Essence

13.6 Notices

13.7 No Apportionment

13.8 Severability

13.9 Captions

13.10 Incorporation of Recitals

13.11 Interpretation

13.12 Entire Agreement; Waivers and Amendments

13.13 Counterparts

14. Authority
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1 SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this “Agreement”) is entered into this 6th day of October 2026, by and between the CITY OF CHINO, a municipal corporation, organized and existing in the County of San Bernardino, under and by virtue of the laws of the State of California, (“CITY”), and 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 Map No. 16420-8, (the “Map”), located in the City of Chino, County of San Bernardino, State of California (the “Property”), as described on Exhibit “A”. The Map requires Subdivider to comply with certain conditions of approval for the development of the Property (the “Conditions”) as described on Exhibit “B”.

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

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

D. Subdivider’s agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving Final Map No. 16420-8 for the Property and permitting development of the Property to proceed.

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

1. Construction Obligations.

1.1. Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install, or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer, street lighting, landscaping, utility, and other improvements more fully described in Exhibit “B” attached hereto (the “Works of Improvement”), as the same may be supplemented and revised from time to time as set forth in this Agreement (said plans and specifications, together with all related documents, the “Plans”). The estimated construction cost for the Works of Improvement is $2,471,610.00
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2 1.2. Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the Conditions on the Map for the Property. The Conditions associated with the Map are included in Exhibit “B” attached hereto.

1.3. Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer, (or designee), and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for Subdivider’s contractor to complete its tasks, incidental appurtenances, materials, and the like.

If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final.

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

1.4. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments as shown on Final Map No. 16420-8 in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Chino. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monuments, Subdivider shall furnish the City Engineer written notice of the setting of said monuments and written proof of having paid the engineer or surveyor for the setting of said monuments.

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

1.6. Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary 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. 251
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3 1.7. Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective.

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

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

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

1.11. Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider’s contractor(s) regarding the Works of Improvement. Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the Subdivider’s contractor, at any time before acceptance of the Works of Improvement, shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected.

After examination, the Subdivider’s contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City Engineer (or designee) shall not be considered as direct control of the individual workmen on the job site. City’s inspectors shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement.

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

1.12. Compliance with Law; Applicable Standards for Improvements. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. In addition, without limiting the foregoing, the Subdivider shall, at its expense, obtain and comply with the conditions of all necessary permits and licenses for the construction of the Works of Improvement. The Subdivider shall also give all necessary notices and pay all fees and taxes as required by law.

Subdivider shall construct the Works of Improvements in accordance with the City standards in effect at the time of the adoption of the Approved Tentative Map. City reserves the 252
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4 right to protect the public safety or welfare or comply with applicable Federal or State law or City zoning ordinances.

1.13. Suspension of Work. The City Engineer shall have authority to order suspension of the work for failure of the Subdivider’s contractor to comply with law pursuant to Section 1.12.

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

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

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

No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by the City Engineer is made. The City Engineer shall make a certification of completion and acceptance on the Works of Improvement by recordation of a Notice of Acceptance on behalf of the City.

Final acceptance shall not constitute a waiver by the City Engineer of defective work subsequently discovered.

The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance.

1.16. Vesting of Ownership. Upon recordation of the Notice of Acceptance, ownership of the Works of Improvement shall vest in the City.
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5 1.17. Subdivider’s Obligation to Warn Public During Construction. Until recordation of the Notice of Acceptance, Subdivider shall give good and adequate warning to the public of any dangerous condition of the Works of Improvements, and shall take reasonable actions to protect the public from such dangerous condition. Until recordation of the Notice of Acceptance, Subdivider shall provide forty-eight (48) hours’ advance written notice to all neighboring property owners and tenants affected by Subdivider’s operations or construction of the hours, dates and duration of any planned construction activities.

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

Any repair or replacement shall be to the reasonable satisfaction, and subject to the reasonable approval, of the City Engineer.

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

2. Time for Performance.

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

2.2. Phasing Requirements. Notwithstanding the provisions of Section 2.1, the City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies the City may have for Subdivider’s failure to satisfy such phasing requirements, as 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 254
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6 are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both. Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to the City Engineer’s satisfaction.

2.3. Force Majeure. Notwithstanding the provisions of Section 2.1, Subdivider’s time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, epidemics, pandemics and other public health emergencies, construction-industry-wide inability to procure 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 resulting from transportation, laws, rules, regulations or orders of a public agency or other public agency action or inaction (including City), , acts or failures to act of a public agency (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 make a reasonable determination regarding the length of any extension of time for commencement and/or completion of the Works of Improvement and the City Engineer’s decision shall be final.

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

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

3. Labor.

3.1. Labor Standards. This Agreement is subject to, and Subdivider agrees to comply with, all of the applicable provisions of the Labor Code including, but not limited to, the wage and hour, prevailing wage, worker compensation, and various other labor requirements in Division 2, Part 7, Chapter 1, including section 1720 to 1740, 1770 to 1780, 1810 to 1815, 1860 to 1861, which provisions are specifically incorporated herein by reference as set forth herein in their entirety. Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of the Works of Improvement.
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7 3.2. Nondiscrimination. In accordance with the California Fair Employment and Housing Act (“FEHA”), California Government Code Section 12940 et seq., Subdivider agrees that Subdivider, its agents, employees, contractors, and subcontractor performing any of the Works of Improvement shall not discriminate, in any way, against any person on the basis of race, ethnicity, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of this Agreement.

3.3. Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors’ licenses for the type of work being performed. All of Subdivider’s contractors and subcontractors shall obtain a valid City of Chino business license prior to performing any work pursuant to this Agreement.

Subdivider shall provide the City Engineer with a list of all of its contractors and subcontractors prior to initiating any work, and all valid Contractor’s licenses and business licenses issued thereto as a condition of constructing the Works of Improvements.

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

4. Security.

4.1. Required Security.
(a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below (hereinafter “Security Instruments”):
(i) A Security Instrument securing Subdivider’s faithful performance of all of the Works of Improvement (“Faithful Performance Security Instrument”), in the amount of $2,471,612.00 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 $1,235,806.00 equal to 50% of the estimated construction cost referenced in Section 1.1.
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8 (iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of $16,770.00 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 (“Maintenance and Warranty Security Instrument”), in the amount of $247,161.00 equal to 10% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer.

4.2. Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney:
(a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best’s Key Rating Guide published by A.M. Best’s Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody’s or Standard & Poor’s.
(b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. (c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider’s interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be 257
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9 instituted and maintained) in the City of Chino, State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Subdivider’s completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date).
(iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument.
(iv) If the Subdivider seeks to replace any security with another security, the replacement shall: (1) comply with all the requirements for security in this Agreement; (2) be provided by the Subdivider to the City Engineer; and (3) upon its written acceptance by the City Engineer, be deemed a part of this Agreement. Upon the City Engineer’s acceptance of a replacement security, the former security shall be released by the City.

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

4.4. Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City’s sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit.
(b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the 258
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10 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.

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.
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11 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 City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections.

5.3. Payment of Development Impact Fees. Unless otherwise addressed in the Development Agreement, as amended, between Subdivider, its affiliates, Chino Holding Company, LLC and Chino Development Corporation, and the City, or in a Construction Credit and Reimbursement Agreement or other agreement among any of the foregoing entities and the City, Subdivider shall pay Development Impact Fees pursuant to and in accordance with Chino Municipal Code Chapter 3.40 or 3.45, as applicable.

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

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

8. Default.

8.1. Default by Subdivider. Default by Subdivider shall include, but not be limited to:
(a) Subdivider’s failure to timely commence construction of Works of Improvement under this Agreement;
(b) Subdivider’s failure to timely complete construction of the Works of Improvement;
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12 (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.

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

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

8.4. Attorney’s Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney’s fees. In the event of any dispute arising out of Subdivider’s performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney’s fees and costs. Such attorney’s fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney’s fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs 261
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13 with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment.

8.5. Waiver. No waiver by the City of any breach or default by the 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 active negligence or willful misconduct of the City, its officials, boards, commissions, the members thereof, agents and employees, including all claims, demands, causes of action, liability or loss because of or arising out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said 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. 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.

For a period of one (1) year after the City’s acceptance of the improvements, 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. It is the intent of this section that, subject to applicable law, including statutes of limitations, 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.

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

11. Insurance Requirements. Subdivider, at Subdivider’s sole cost and expense and for the full term of this Agreement and any extensions thereto, shall obtain and maintain all of the following minimum insurance requirements in a form approved by the City’s authorized designee for Risk Management prior to commencing any work:
(a) Commercial General Liability policy with a minimum $1 million combined single limit for bodily injury and property damage providing all of the following minimum coverage without deductibles:
(i) Premises operations; including X, C, and U coverage; (ii) Owners’ and contractors’ protection;
(iii) Blanket contractual;
(iv) Completed operations; and
(v) Products.
(b) Commercial Business Auto policy with a minimum $1 million combined single limit for bodily injury and property damage, providing all of the following minimum coverage without deductibles:
(i) Coverage shall apply to any and all leased, owned, hired, or nonowned vehicles used in pursuit of any of the activities associated with this Agreement; and
(ii) Any and all mobile equipment including cranes which are not covered under the above Commercial Business Auto policy shall have said coverage provided under the Commercial General Liability policy. (c) Workers Compensation and Employers’ Liability policy in accordance with the laws of the State of California and providing coverage for any and all employees of the Subdivider:
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15 (i) This policy shall provide coverage for Workers’ Compensation (Coverage A); and
(i) This policy shall provide coverage for $1,000,000 Employers’ Liability (Coverage B).
(ii) Pursuant to Labor Code section 1861, Subdivider by executing this Agreement certifies: “I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.”
(iii) Prior to commencement of work, the Subdivider shall file with the City’s Risk Manager a Certificate of Insurance or certification of permission to self-insure workers’ compensation conforming to the requirements of the Labor Code.
(d) Endorsements. All of the following endorsements are required to be made a part of each of the above-required policies as stipulated below:
(i) “The City of Chino, its officers, employees and agents are hereby added as additional insureds.”
(ii) “This policy shall be considered primary insurance with respect to any other valid and collectible insurance the City may possess, including any self- insured retention the City may have and any other insurance the City does possess shall be considered excess insurance only.” (iii) “This insurance shall act for each insured and additional insured as though a separate policy has been written for each. This, however, will not act to increase the limit of the insuring company.” (iv) “Thirty (30) days prior written notice of cancellation shall be given to the City of Chino in the event of cancellation and/or reduction in coverage, except that ten (10) days prior written notice shall apply in the event of cancellation for non-payment of premium.” Such notice shall be sent to the Risk Manager at the address indicated in Subsection f below.
(v) Subsection d(iv) hereinabove “Cancellation Notice” is the only endorsement required of the Workers’ Compensation and Employers’ Liability policy.
(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.
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16 (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. (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:
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17 (a) Any proceeding or investigation by any federal, state or local governmental (b) authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (c) Any claims made or threatened by any third party against City or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and
(d) Subdivider’s discovery of any occurrence or condition on any property adjoining or in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law.

13. General Provisions.

13.1. Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider’s right, title, and interest in and to the Property and any portion thereof.

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

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

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

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

13.6. Notices. Unless otherwise specified in this Agreement, all notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notice shall be provided to the persons listed on Pages 1 and 2 of this Agreement by the parties for this purpose.

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

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

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

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

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

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

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

14. Authority. The persons executing this Agreement on behalf of the parties warrant (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 bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other agreement to which said party is bound. [SIGNATURES ON NEXT PAGE]
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20 IN WITNESS WHEREOF, the City and the Subdivider have caused this Agreement to be executed the day and year first above written.

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

Director of Public Works
Dated: _________________ Dated: _______________________

CHINO PRESERVE DEVELOPMENT
CORPORATION:

By: ___________________________
Its: Authorized Agent
Bryan Goodman

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

ATTEST:

By
Natalie Gonzaga, City Clerk
Dated: ___________________________
269
01225.0006/366470.2
270
01225.0006/366470.2 A-1
EXHIBIT “A”
[attached]
271
272
01225.0006/366470.2 B-1
EXHIBIT “B”
TRACT MAP NO. 16420-8 WORKS OF IMPROVEMENT
A. Removal of undesirable, dangerous and dead plant materials and roots.

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

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

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

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

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

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

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

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

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

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

L. Street signs at intersections per the City Standards.

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

N. Setting monuments as required by the State Code.

The Subdivider shall also perform all work and furnish all materials necessary, in the opinion of the Director of Development Services or his designee and on his order, to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or any changes required or ordered by said Engineer which, in his opinion, are necessary or required to complete this work. 273
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-8
LOCATION : West Preserve Loop at Legacy Park Street
By: L.D. King - TS
DATE: August 18, 2025
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
EA Tree Removal $ 800.00 $ -
71 CY Concrete Removal $ 325.00 $ 23,075.00
106 CY AC Pavement Removal $ 100.00 $ 10,600.00
CY Imported Common Fill (Incl. Compaction) $ 34.00 $ -
SF Preparation of Subgrade, Sidewalk and Paving $ 1.00 $ - 9560 LF PCC 8" Curb & 24" Gutter on 6" AB $ 26.00 $ 248,560.00 87 LF PCC 6" Curb & 24" Gutter on 6" AB $ 24.00 $ 2,088.00 3628 LF PCC Curb Only $ 20.00 $ 72,560.00
LF 8" A.C. Berm $ 20.00 $ -
SF 8" PCC Cross Gutter on 6" AB $ 16.00 $ -
70357 SF 4" PCC Sidewalk $ 5.80 $ 408,070.60
5403 SF 6" PCC Thick Drive Approach on 6" AB $ 12.50 $ 67,537.50 SF 8" PCC Thick Drive Approach on 6" AB $ 15.00 $ -
LF 2" x 6" Redwood Header $ 7.50 $ -
EA Street Sign and Post $ 475.00 $ -
EA Traffic Sign and Post $ 400.00 $ -
EA Reflector Sign and Post $ 175.00 $ -
EA Painted Legend $ 6.50 $ -
SF Prime or Tack Coat $ 0.08 $ -
TON AC Variable - <300T $ 130.00 $ -
5,752 TON AC Variable - >300T $ 120.00 $ 690,240.00
TON CAB Variable - <300T $ 100.00 $ -
6,544 TON CAB Variable - >300T $ 90.00 $ 588,960.00
EngCostEstimate Page 1 of 29 Effective Date: January 1, 2021 274
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-8
LOCATION : West Preserve Loop at Legacy Park Street
By: L.D. King - TS
DATE: August 18, 2025
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
31 EA Adjust Sewer Manhole to Grade $ 950.00 $ 29,450.00 EA Adjust Sewer Cleanout to Grade $ 500.00 $ -
48 EA Adjust Water Valve and Can to Grade $ 525.00 $ 25,200.00 33 EA Street Light $ 6,500.00 $ 214,500.00
2 EA Electrical Pedestal $ 6,500.00 $ 13,000.00
EA Lot Monument Setting Fee $ 550.00 $ -
LF Sawcut A.C. $ 3.00 $ -
LF Sawcut Concrete $ 3.00 $ -
1655 SF Cold Plane A.C. 2" Thick $ 0.28 $ 463.40
Signing & Striping for
LF Arterial $ 19.00 $ -
4610 LF Collector $ 13.00 $ 59,930.00
LF Local $ 7.00 $ -
EA Traffic Signal (8 - Phase Controller) $ 350,000.00 $ - EA Modify existing Traffic Signal per Quadrant $ 75,000.00 $ - LF Chain Link Fence
4 foot Residential Grade (Add $7.00/LF for Removal
of Existing Fence) $ 25.00 $ -
6 foot School fence (Add $9.00/LF for Removal of
Existing Fence) $ 35.00 $ -
EA Utility Poles
Transmission $ 11,500.00 $ -
Distribution $ 8,000.00 $ -
Service $ 3,000.00 $ -
EngCostEstimate Page 2 of 29 Effective Date: January 1, 2021 275
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-8
LOCATION : West Preserve Loop at Legacy Park Street
By: L.D. King - TS
DATE: August 18, 2025
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
SF
Landscape (Including shrubs, Hardscape, Irrigation,
Ground Cover, Lighting, Installation Labor and Connection to Existing Systems) $ 15.00 $ -
LF
14 foot Median with Landscape, Irrigation, Lighting,
Hardscape, Curb, Gutter & Pavement $ 300.00 $ -
Rail Road Crossing
LS
Safety Equipment (Complete Including Crossing
Gates, Signs, and Lights) $ 500,000.00 $ -
SF Track Crossing (Concrete) $ 175.00 $ -
SF Approach $ 4.00 $ -
22 EA S.W. Ramps (A.D.A. Compliant) $ 4,000.00 $ 88,000.00 EA Traffic Signal Loops $ 600.00 $ -
SF 4" to 6" Fresno River Cobble Pavement $ 10.00 $ -
50 LF Metal Beam Guard Rail $ 70.00 $ 3,500.00

STREETS
STREET SUBTOTAL $ 2,545,734.50
LS Mobilzation (5% of Construction Cost) 5% $ 127,286.73 LS Traffic Control (5% of Construction Cost) 5% $ 127,286.73 LS Clear & Grub Site (5% of Construction Cost) 5% $ 127,286.73 LS Excavation (Clean Material) (5% of Construction Cost) 5% $ 127,286.73 GRAND TOTAL STREETS ONLY $ 3,054,881.40
EngCostEstimate Page 3 of 29 Effective Date: January 1, 2021 276
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-8
LOCATION : West Preserve Loop at Legacy Park Street
By: L.D. King - TS
DATE: August 18, 2025
Quantity Unit Item Unit Total Cost
Price Per Item
WATER
LF Trench Support/Shoring (6 foot depth) $ 15.00 $ -
CY Pipe Bedding & Compaction (Imported) $ 90.00 $ -
LF
6" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration $ 80.00 $ -
296 LF
8" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration. $ 100.00 $ 29,600.00 4396 LF
12" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration $ 135.00 $ 593,460.00 LF
18" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration $ 175.00 $ - LF Removal, Disposal of ACP and Backfill $ 150.00 $ -
EA 6" Gate Valve $ 2,000.00 $ -
6 EA 8" Gate Valve $ 2,600.00 $ 15,600.00
20 EA 12" Butterfly Valve $ 5,400.00 $ 108,000.00
EA 18" Gate Valve $ 7,500.00 $ -
14 EA Fire Hydrant Assembly per City Std. $ 7,500.00 $ 105,000.00 7 EA Blow-off Assembly 4" per City Std. $ 8,600.00 $ 60,200.00 EA 2" Air Relief Assembly $ 4,500.00 $ -
EA 1" Water Service/Meter $ 3,500.00 $ -
EA 2" Water Service/Meter $ 4,500.00 $ -
WATER
WATER SUBTOTAL $ 911,860.00
LS Mobilzation (5% of Construction Cost) 5% $ 45,593.00 LS Traffic Control (5% of Construction Cost) 5% $ 45,593.00 GRAND TOTAL WATER ONLY $ 1,003,046.00
EngCostEstimate Page 4 of 29 Effective Date: January 1, 2021 277
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-8
LOCATION : West Preserve Loop at Legacy Park Street
By: L.D. King - TS
DATE: August 18, 2025
Quantity Unit Item Unit Total Cost
Price Per Item

RECYCLED WATER
LF Trench Support/Shoring (6 foot depth) $ 15.00 $ -
CY Pipe Bedding (Imported) $ 90.00 $ -
LF
6" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration $ 80.00 $ -
4459 LF
8" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration. $ 100.00 $ 445,900.00 LF
12" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration $ 135.00 $ - LF
18" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration $ 175.00 $ - EA 6" Gate Valve $ 2,000.00 $ -
8 EA 8" Gate Valve $ 2,600.00 $ 20,800.00
EA 12" Gate Valve $ 4,500.00 $ -
EA 18" Gate Valve $ 7,500.00 $ -
EA Fire Hydrant Assembly per City Std. $ 7,500.00 $ -
2 EA Blow-off Assembly 5" per City Std. $ 8,600.00 $ 17,200.00 1 EA 2" Air Relief Assembly $ 4,500.00 $ 4,500.00
EA 1" Water Service/Meter $ 3,500.00 $ -
EA 2" Water Service/Meter $ -

RECYCLED WATER
RECYCLED WATER SUBTOTAL $ 488,400.00
LS Mobilzation (5% of Construction Cost) 5% $ 24,420.00 LS Traffic Control (5% of Construction Cost) 5% $ 24,420.00 GRAND TOTAL RECYCLED WATER ONLY $ 537,240.00
EngCostEstimate Page 5 of 29 Effective Date: January 1, 2021 278
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-8
LOCATION : West Preserve Loop at Legacy Park Street
By: L.D. King - TS
DATE: August 18, 2025
Quantity Unit Item Unit Total Cost
Price Per Item
SEWER
LF Trench Support/Shoring $ 15.00 $ -
LF
4" V.C.P Installed, including excavation, bedding, backfill and pavement restoration $75.00 $ -
307 LF
8" V.C.P Installed, including excavation, bedding, backfill and pavement restoration $93.00 $ 28,551.00
3135 LF
10" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $103.00 $ 322,905.00
LF
12" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $123.00 $ -
LF
15" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $143.00 $ -
LF
18" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $163.00 $ -
LF
21" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $193.00 $ -
LF
24" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $208.00 $ -
EA Sewer Saddle $450.00 $ -
EA Wyes 4" x 8" Typical $225.00 $ -
14 EA 48" Sewer Manhole $4,700.00 $ 65,800.00
EA 60" Sewer Manhole $7,500.00 $ -
4 EA Sewer Cleanout $1,800.00 $ 7,200.00
3 EA Concrete Blanket per SPPWC 225-3 $1,200.00 $ 3,600.00 SEWER
SEWER SUBTOTAL $ 428,056.00
LS Mobilization (5% of Construction Cost) 5% $ 21,402.80 LS Traffic Control (5% of Construction Cost) 5% $ 21,402.80 GRAND TOTAL SEWER ONLY $ 470,861.60
EngCostEstimate Page 6 of 29 Effective Date: January 1, 2021 279
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-8
LOCATION : West Preserve Loop at Legacy Park Street
By: L.D. King - TS
DATE: August 18, 2025
Quantity Unit Item Unit Total Cost
Price Per Item

STORM DRAIN
LF 24" X 36" C.M.P.A. (10 Gauge) $ 230.00 $ -
LF 27" x 43" C.M.P.A (10 Gauge) $ 250.00 $ -
4 EA Concrete Collar $ 1,500.00 $ 6,000.00
16 EA Storm Drain Manhole #1 $ 10,000.00 $ 160,000.00
2 EA Junction Structure #2 (24" or larger) $ 8,850.00 $ 17,700.00 EA Junction Structure #4 (24" or smaller) $ 4,000.00 $ - EA Outlet Structure $ 7,000.00 $ -
EA Catch Basin 3.5' Width $ 7,200.00 $ -
4 EA Catch Basin 7' Width/L.D. $ 7,900.00 $ 31,600.00
1 EA Catch Basin 10' Width/L.D. $ 9,950.00 $ 9,950.00
1 EA Catch Basin 14' Width/L.D. $ 11,000.00 $ 11,000.00 EA Catch Basin 21' Width/L.D. $ 13,000.00 $ -
LF
18 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 200.00 $ -
868 LF
24 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 240.00 $ 208,320.00 LF
27 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 260.00 $ -
LF
30 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 280.00 $ -
LF
33 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 295.00 $ -
1947 LF
36 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 310.00 $ 603,570.00 LF
39 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 320.00 $ -
99 LF
42 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 330.00 $ 32,670.00
LF
45 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 360.00 $ -
633 LF
48 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 385.00 $ 243,705.00 179 LF
54 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 440.00 $ 78,760.00
42 LF
60 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 500.00 $ 21,000.00
EngCostEstimate Page 7 of 29 Effective Date: January 1, 2021 280
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-8
LOCATION : West Preserve Loop at Legacy Park Street
By: L.D. King - TS
DATE: August 18, 2025
Quantity Unit Item Unit Total Cost
Price Per Item

STORM DRAIN
LF
66 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 560.00 $ -
LF
72 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 625.00 $ -
LF
78 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 690.00 $ -
LF
84 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 765.00 $ -
LF
90 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 830.00 $ -
LF
96 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 920.00 $ -
LF
102 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 1,000.00 $ -
LF
108 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 1,075.00 $ -
LF
7' x 6' RCB Installed, including excavation, bedding,
backfill and pavement restoration $ 700.00 $ -
LF
7' x 8.5' RCB Installed, including excavation, bedding, backfill and pavement restoration $ 820.00 $ -
LF
7' x 9.5' RCB Installed, including excavation, bedding, backfill and pavement restoration $ 870.00 $ -
LF
8' x 11' RCB Installed, including excavation, bedding,
backfill and pavement restoration $ 1,000.00 $ -
LF
8' x 13' RCB Installed, including excavation, bedding,
backfill and pavement restoration $ 1,100.00 $ -
LF
9' x 9' RCB Installed, including excavation, bedding,
backfill and pavement restoration $ 1,000.00 $ -
LF
9' x 12' RCB Installed, including excavation, bedding,
backfill and pavement restoration $ 1,100.00 $ -
LF
4' x 6' RCB Installed, including excavation, bedding,
backfill and pavement restoration $ 680.00 $ -
1 EA 36" CSP Riser $ 2,600.00 $ 2,600.00
4 EA 24" CMP Riser $ 1,250.00 $ 5,000.00
34 LF 48" CSP Pipe $ 300.00 $ 10,200.00
104 LF 36" CSP Pipe $ 240.00 $ 24,960.00
48 LF 24" CSP Pipe $ 200.00 $ 9,600.00
6 EA Brightwater Connector Pipe Screen $ 1,200.00 $ 7,200.00

STORM DRAIN
STORM DRAIN SUBTOTAL $ 1,483,835.00
LS Mobilization (5% of Construction Cost) 5% $ 74,191.75 EngCostEstimate Page 8 of 29 Effective Date: January 1, 2021 281
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-8
LOCATION : West Preserve Loop at Legacy Park Street
By: L.D. King - TS
DATE: August 18, 2025
Quantity Unit Item Unit Total Cost
Price Per Item
LS Traffic Control (5% of Construction Cost) 5% $ 74,191.75 GRAND TOTAL STORM DRAIN ONLY $ 1,632,218.50
EngCostEstimate Page 9 of 29 Effective Date: January 1, 2021 282
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-8
LOCATION : West Preserve Loop at Legacy Park Street
By: L.D. King - TS
DATE: August 18, 2025
Quantity Unit Item Unit Total Cost
Price Per Item
DIRECT COSTS GRAND TOTAL STREETS ONLY $ 3,054,881.40
GRAND TOTAL WATER ONLY $ 1,003,046.00
GRAND TOTAL RECYCLED WATER ONLY $ 537,240.00
GRAND TOTAL SEWER ONLY $ 470,861.60
GRAND TOTAL STORM DRAIN ONLY $ 1,632,218.50

GRAND TOTAL (FOR PLAN CHECK & INSPECTION FEE
DETERMINATION) $ 6,698,247.50
PROJECT ADDITIVES Project Contingencies 10% $ 669,824.75 Construction Staking 3% $ 200,947.43
Soils Testing 1% $ 66,982.48
Material Testing 1% $ 66,982.48
Construction Inspection 4.8% $ 321,515.88
Contract Administration 1% $ 66,982.48
GRAND TOTAL (FOR BOND AMOUNTS) $ 8,091,482.98
EngCostEstimate Page 10 of 29 Effective Date: January 1, 2021 283
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-8
LOCATION : West Preserve Loop at Legacy Park Street
By: L.D. King - TS
DATE: August 18, 2025
Quantity Unit Item Unit Total Cost
Price Per Item

BY ENGINEER
Prepared By: C. Berard
R.C.E. Number: 45183
Expiration: 9/30/2026
Place R.C.E. Stamp and Signature Here (required)

EXHIBIT C
Quantity Unit Item Unit Price Total Cost Per Item

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-8
LOCATION : West Preserve Loop at Legacy Park Street
By: L.D. King - TS
DATE: August 18, 2026
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
EA Tree Removal $ 800.00 $ -
71 CY Concrete Removal $ 325.00 $ 23,075.00
106 CY AC Pavement Removal $ 100.00 $ 10,600.00
CY Imported Common Fill (Incl. Compaction) $ 34.00 $ -
SF Preparation of Subgrade, Sidewalk and Paving $ 1.00 $ - 9560 LF PCC 8" Curb & 24" Gutter on 6" AB $ 26.00 $ 248,560.00 87 LF PCC 6" Curb & 24" Gutter on 6" AB $ 24.00 $ 2,088.00 3628 LF PCC Curb Only $ 20.00 $ 72,560.00
LF 8" A.C. Berm $ 20.00 $ -
SF 8" PCC Cross Gutter on 6" AB $ 16.00 $ -
70357 SF 4" PCC Sidewalk $ 5.80 $ 408,070.60
5403 SF 6" PCC Thick Drive Approach on 6" AB $ 12.50 $ 67,537.50 SF 8" PCC Thick Drive Approach on 6" AB $ 15.00 $ -
LF 2" x 6" Redwood Header $ 7.50 $ -
EA Street Sign and Post $ 475.00 $ -
EA Traffic Sign and Post $ 400.00 $ -
EA Reflector Sign and Post $ 175.00 $ -
EA Painted Legend $ 6.50 $ -
SF Prime or Tack Coat $ 0.08 $ -
TON AC Variable - <300T $ 130.00 $ -
5,752 TON AC Variable - >300T $ 120.00 $ 690,240.00
TON CAB Variable - <300T $ 100.00 $ -
6,544 TON CAB Variable - >300T $ 90.00 $ 588,960.00
EngCostEstimate Page 12 of 29 Effective Date: January 1, 2021 285
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-8
LOCATION : West Preserve Loop at Legacy Park Street
By: L.D. King - TS
DATE: August 18, 2026
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
31 EA Adjust Sewer Manhole to Grade $ 950.00 $ 29,450.00 EA Adjust Sewer Cleanout to Grade $ 500.00 $ -
48 EA Adjust Water Valve and Can to Grade $ 525.00 $ 25,200.00 33 EA Street Light $ 6,500.00 $ 214,500.00
2 EA Electrical Pedestal $ 6,500.00 $ 13,000.00
EA Lot Monument Setting Fee $ 550.00 $ -
LF Sawcut A.C. $ 3.00 $ -
LF Sawcut Concrete $ 3.00 $ -
1655 SF Cold Plane A.C. 2" Thick $ 0.28 $ 463.40
Signing & Striping for
LF Arterial $ 19.00 $ -
4610 LF Collector $ 13.00 $ 59,930.00
LF Local $ 7.00 $ -
EA Traffic Signal (8 - Phase Controller) $ 350,000.00 $ - EA Modify existing Traffic Signal per Quadrant $ 75,000.00 $ - LF Chain Link Fence
4 foot Residential Grade (Add $7.00/LF for Removal
of Existing Fence) $ 25.00 $ -
6 foot School fence (Add $9.00/LF for Removal of
Existing Fence) $ 35.00 $ -
EA Utility Poles
Transmission $ 11,500.00 $ -
Distribution $ 8,000.00 $ -
Service $ 3,000.00 $ -
EngCostEstimate Page 14 of 29 Effective Date: January 1, 2021 287
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-8
LOCATION : West Preserve Loop at Legacy Park Street
By: L.D. King - TS
DATE: August 18, 2026
Quantity Unit Item Unit Total Cost
Price Per Item

STREETS
STREET SUBTOTAL $ 2,545,734.50
LS Mobilzation (5% of Construction Cost) 5% $ 127,286.73 LS Traffic Control (5% of Construction Cost) 5% $ 127,286.73 LS Clear & Grub Site (5% of Construction Cost) 5% $ 127,286.73 LS Excavation (Clean Material) (5% of Construction Cost) 5% $ 127,286.73 GRAND TOTAL STREETS ONLY $ 3,054,881.40
EngCostEstimate Page 15 of 29 Effective Date: January 1, 2021 288
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-8
LOCATION : West Preserve Loop at Legacy Park Street
By: L.D. King - TS
DATE: August 18, 2026
Quantity Unit Item Unit Total Cost
Price Per Item
WATER
LF Trench Support/Shoring (6 foot depth) $ 15.00 $ -
CY Pipe Bedding & Compaction (Imported) $ 90.00 $ -
LF
6" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration $ 80.00 $ -
296 LF
8" Pipe & Fittings Installed, including excavation, bedding, backfill and pavement restoration. $ 100.00 $ 29,600.00 4396 LF
12" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration $ 135.00 $ 593,460.00 LF
18" Pipe & Fittings Installed, including excavation,
bedding, backfill and pavement restoration $ 175.00 $ - LF Removal, Disposal of ACP and Backfill $ 150.00 $ -
EA 6" Gate Valve $ 2,000.00 $ -
6 EA 8" Gate Valve $ 2,600.00 $ 15,600.00
20 EA 12" Butterfly Valve $ 5,400.00 $ 108,000.00
EA 18" Gate Valve $ 7,500.00 $ -
14 EA Fire Hydrant Assembly per City Std. $ 7,500.00 $ 105,000.00 7 EA Blow-off Assembly 4" per City Std. $ 8,600.00 $ 60,200.00 EA 2" Air Relief Assembly $ 4,500.00 $ -
EA 1" Water Service/Meter $ 3,500.00 $ -
EA 2" Water Service/Meter $ 4,500.00 $ -
EA 12" DI Tee $ 300.00 $ -
EA 12" DI Cross $ 300.00 $ -
WATER
WATER SUBTOTAL $ 911,860.00
LS Mobilzation (5% of Construction Cost) 5% $ 45,593.00 LS Traffic Control (5% of Construction Cost) 5% $ 45,593.00 GRAND TOTAL WATER ONLY $ 1,003,046.00
EngCostEstimate Page 16 of 29 Effective Date: January 1, 2021 289
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-8
LOCATION : West Preserve Loop at Legacy Park Street
By: L.D. King - TS
DATE: August 18, 2026
Quantity Unit Item Unit Total Cost
Price Per Item
*10% OF GRAND TOTAL WATER ONLY $ 100,304.60
EngCostEstimate Page 17 of 29 Effective Date: January 1, 2021 290
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-8
LOCATION : West Preserve Loop at Legacy Park Street
By: L.D. King - TS
DATE: August 18, 2026
Quantity Unit Item Unit Total Cost
Price Per Item

RECYCLED WATER
RECYCLED WATER SUBTOTAL $ 488,400.00
LS Mobilzation (5% of Construction Cost) 5% $ 24,420.00 LS Traffic Control (5% of Construction Cost) 5% $ 24,420.00 GRAND TOTAL RECYCLED WATER ONLY $ 537,240.00
*10% OF GRAND TOTAL REC WATER ONLY $ 53,724.00
EngCostEstimate Page 18 of 29 Effective Date: January 1, 2021 291
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-8
LOCATION : West Preserve Loop at Legacy Park Street
By: L.D. King - TS
DATE: August 18, 2026
Quantity Unit Item Unit Total Cost
Price Per Item
SEWER
LF Trench Support/Shoring $ 15.00 $ -
LF
4" V.C.P Installed, including excavation, bedding, backfill and pavement restoration $75.00 $ -
307 LF
8" V.C.P Installed, including excavation, bedding, backfill and pavement restoration $93.00 $ 28,551.00
3135 LF
10" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $103.00 $ 322,905.00
LF
12" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $123.00 $ -
LF
15" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $143.00 $ -
LF
18" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $163.00 $ -
LF
21" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $193.00 $ -
LF
24" V.C.P. Installed, including excavation, bedding,
backfill and pavement restoration $208.00 $ -
EA Sewer Saddle $450.00 $ -
EA Wyes 4" x 8" Typical $225.00 $ -
14 EA 48" Sewer Manhole $4,700.00 $ 65,800.00
EA 60" Sewer Manhole $7,500.00 $ -
4 EA Sewer Cleanout $1,800.00 $ 7,200.00
3 EA Concrete Blanket per SPPWC 225-3 $1,200.00 $ 3,600.00 LF 6" VCP Service Lateral $ 42.00 $ -
SEWER
SEWER SUBTOTAL $ 428,056.00
LS Mobilization (5% of Construction Cost) 5% $ 21,402.80 LS Traffic Control (5% of Construction Cost) 5% $ 21,402.80 GRAND TOTAL SEWER ONLY $ 470,861.60
EngCostEstimate Page 19 of 29 Effective Date: January 1, 2021 292
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-8
LOCATION : West Preserve Loop at Legacy Park Street
By: L.D. King - TS
DATE: August 18, 2026
Quantity Unit Item Unit Total Cost
Price Per Item
*10% OF GRAND TOTAL SEWER ONLY $ 47,086.16
EngCostEstimate Page 20 of 29 Effective Date: January 1, 2021 293
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-8
LOCATION : West Preserve Loop at Legacy Park Street
By: L.D. King - TS
DATE: August 18, 2026
Quantity Unit Item Unit Total Cost
Price Per Item

STORM DRAIN
LF 24" X 36" C.M.P.A. (10 Gauge) $ 230.00 $ -
LF 27" x 43" C.M.P.A (10 Gauge) $ 250.00 $ -
4 EA Concrete Collar $ 1,500.00 $ 6,000.00
16 EA Storm Drain Manhole #1 $ 10,000.00 $ 160,000.00
2 EA Junction Structure #2 (24" or larger) $ 8,850.00 $ 17,700.00 EA Junction Structure #4 (24" or smaller) $ 4,000.00 $ - EA Outlet Structure $ 7,000.00 $ -
EA Catch Basin 3.5' Width $ 7,200.00 $ -
4 EA Catch Basin 7' Width/L.D. $ 7,900.00 $ 31,600.00
1 EA Catch Basin 10' Width/L.D. $ 9,950.00 $ 9,950.00
1 EA Catch Basin 14' Width/L.D. $ 11,000.00 $ 11,000.00 EA Catch Basin 21' Width/L.D. $ 13,000.00 $ -
LF
18 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 200.00 $ -
868 LF
24 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 240.00 $ 208,320.00 LF
27 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 260.00 $ -
LF
30 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 280.00 $ -
LF
33 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 295.00 $ -
1947 LF
36 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 310.00 $ 603,570.00 LF
39 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 320.00 $ -
99 LF
42 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 330.00 $ 32,670.00
LF
45 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 360.00 $ -
633 LF
48 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 385.00 $ 243,705.00 179 LF
54 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 440.00 $ 78,760.00
42 LF
60 inch RCP Installed, including excavation, bedding,
backfill and pavement restoration $ 500.00 $ 21,000.00
EngCostEstimate Page 21 of 29 Effective Date: January 1, 2021 294
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-8
LOCATION : West Preserve Loop at Legacy Park Street
By: L.D. King - TS
DATE: August 18, 2026
Quantity Unit Item Unit Total Cost
Price Per Item

STORM DRAIN
EngCostEstimate Page 22 of 29 Effective Date: January 1, 2021 295
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-8
LOCATION : West Preserve Loop at Legacy Park Street
By: L.D. King - TS
DATE: August 18, 2026
Quantity Unit Item Unit Total Cost
Price Per Item
STORM DRAIN SUBTOTAL $ 1,483,835.00
LS Mobilization (5% of Construction Cost) 5% $ 74,191.75 LS Traffic Control (5% of Construction Cost) 5% $ 74,191.75 GRAND TOTAL STORM DRAIN ONLY $ 1,632,218.50
*10% OF GRANT TOTAL STORM DRAIN ONLY $ 163,221.85
EngCostEstimate Page 23 of 29 Effective Date: January 1, 2021 296
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-8
LOCATION : West Preserve Loop at Legacy Park Street
By: L.D. King - TS
DATE: August 18, 2026
Quantity Unit Item Unit Total Cost
Price Per Item
DIRECT COSTS GRAND TOTAL STREETS ONLY $ 3,054,881.40
GRAND TOTAL WATER ONLY $ 1,003,046.00
GRAND TOTAL RECYCLED WATER ONLY $ 537,240.00
GRAND TOTAL SEWER ONLY $ 470,861.60
GRAND TOTAL STORM DRAIN ONLY $ 1,632,218.50

GRAND TOTAL (FOR PLAN CHECK & INSPECTION FEE
DETERMINATION) $ 6,698,247.50
PROJECT ADDITIVES Project Contingencies 10% $ 669,824.75 Construction Staking 3% $ 200,947.43
Soils Testing 1% $ 66,982.48
Material Testing 1% $ 66,982.48
Construction Inspection 4.8% $ 321,515.88
Contract Administration 1% $ 66,982.48
GRAND TOTAL (FOR BOND AMOUNTS) $ 8,091,482.98
EngCostEstimate Page 24 of 29 Effective Date: January 1, 2021 297
RESOLUTION NO 2020-080

EXHIBIT C

CITY OF CHINO

ENGINEERING COST ESTIMATE
PROJECT NO: Tract No. 16420-8
LOCATION : West Preserve Loop at Legacy Park Street
By: L.D. King - TS
DATE: August 18, 2026
Quantity Unit Item Unit Total Cost
Price Per Item

BY ENGINEER
Prepared By: C. Berard
R.C.E. Number: 45183
Expiration: 9/30/2026
Place R.C.E. Stamp and Signature Here (required)

BY CITY
Faithful Performance Bond (100% of Construction Cost) $ 8,091,500.00 Labor & Material Bond (50% of Construction Cost) $ 4,045,700.00 Warranty Bond (10% of Construction Cost) $ 809,100.00
EngCostEstimate Page 25 of 29 Effective Date: January 1, 2021 298
Section
Legacy Park
Street Market Street
WPL from Legacy
to Market
WPL from
Market to Pine
Performance $ 630,106.08 $ 393,861.36 $ 769,829.28 $ 291,593.52 Materials $ 315,053.04 $ 196,930.68 $ 384,914.64 $ 145,796.76 Warranty $ 76,372.04 $ 76,372.04 $ 76,372.04 $ 76,372.04 Performance $ 46,582.25 $ 35,094.95 $ 56,213.30 $ 15,030.95 Materials $ 23,291.13 $ 17,547.48 $ 28,106.65 $ 7,515.48 Warranty $ 38,507.15 $ 38,507.15 $ 38,507.15 $ 38,507.15 Performance $ 15,695.39 $ 15,695.39 $ 20,232.96 $ -
Materials $ 7,847.69 $ 7,847.69 $ 10,116.48 $ -
Warranty $ 15,695.39 $ 15,695.39 $ 15,695.39 $ -
Performance $ 52,319.67 $ 52,319.67 $ 77,036.85 $ -
Materials $ 26,159.84 $ 26,159.84 $ 38,518.43 $ -
Warranty $ 52,319.67 $ 52,319.67 $ 52,319.67 $ -
$ 744,703.39 $ 496,971.37 $ 923,312.39 $ 306,624.47
Performance 100% $ 2,471,612.00
Materials 50% $ 1,235,806.00
Warrant 10% $ 247,161.00
Bonding for TM16420-8 Map:

Streets
Water
Sewer
Storm Drain
299

PUBLIC WORKS CONDITIONS OF APPROVAL
Reviewed/Approved By: JP Date: 5/1/24
PROJECT NO. PL23-0043 (MSA)
DATE: May 1, 2024 PC MEETING DATE: May 15, 2024
PROJECT DESCRIPTION: Master Site Approval of 40 acres, Lots 45-49 within TTM 16420 (Block 8).

PROJECT LOCATION: Block 8 is bounded by Market St to the north, future Main St to the east, future Legacy Park Street to the south, and future West Preserve Loop to the west.

APPLICANT: Chino Preserve Development Corp. PROJECT ENGINEER: Daniel Aguirre

PRIOR TO THE FOUR MAJOR DEVELOPMENT EVENTS, THE APPLICANT SHALL SATISFY AND FULFILL ALL CONDITIONS OUTLINED BELOW. FAILURE TO COMPLY WITH ANY CONDITIONS OF

APPROVAL SHALL BE DEEMED JUST CAUSE FOR REVOCATION OF PROJECT APPROVAL BY THE PLANNING COMMISSION. HOWEVER, THE PUBLIC WORKS DIRECTOR SHALL HAVE THE

AUTHORITY TO APPROVE MINOR DEVIATIONS IN THE CONDITIONS OF APPROVAL, AND ALL PLANS INCLUDING THE CONSTRUCTION DRAWINGS.

THIS PROJECT SHALL ALSO COMPLY WITH THE APPLICABLE ENGINEERING CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 16420 APPROVED BY THE PLANNING COMMISSION ON FEBRUARY 23, 2022.

1.0 PRIOR TO MAP RECORDATION OF TM 16420 Dashed Map:

1.1 Provide a preliminary Title Report no older than 60 days.

1.2 Submit a soils/geology report in accordance with Appendix J of the California Building Code, latest edition to the project engineer for review and approval.

1.3 Make the following dedications:

Street Name Distance (R/W Total) Direction From C/L
Market Street
(from W Preserve Loop to existing cul-de-sac)
21’/41’ (62’) North/South
West Preserve Loop
(from Pine Ave to Legacy Park St)
30’/48’ (78’) West/East
Legacy Park Street
(from W Preserve Loop to Main St)
35’/20’ (55’) North/South
Main Street (1)
(from Market St to Legacy Park St)
15’/NA West/ Per 16420-4
(Block 9)
1 Only west side sidewalk on Main St to be constructed with Block 8. The rest of the street improvements will be constructed with Block 9.

1.3a Dedicate to the City 30-foot, 34-foot, 36-foot, and 42-foot wide easements for proposed Private Drive’s A (entry), A (w/ parking), B and C (entry), and B (w/ parking) respectively, for fire lane and public and private utility access purposes.

1.3b Prepare and record necessary drainage easements to implement the project in accordance with drainage law.
300
PL 23-0043 (MSA) 2 May 1, 2024

1.4 Execute a Subdivision Agreement and submit security in an amount acceptable to the City Engineer to guarantee construction of the public improvements listed in 2.7. All security must be accessible to the City at any time and in a form acceptable to the City Engineer, pursuant to Government Code, Section 66499.

1.5 Provide a Monumentation Bond in an amount specified in writing by a Registered Engineer or Licensed Land Surveyor of Record.

1.6 Comply with all applicable requirements of the City Municipal Code.

1.7 Provide a Pedestrian Accessibility Plan that labels and indicates the path location and conceptual design of the following structures and facilities:
a. Sidewalks and walks (public right of way sidewalk, walks within the development); b. Curb ramps (should be directional with one curb ramp provided for each pedestrian crossing and shall comply with the City’s Policy on Accessible Pedestrian Facilities); c. Pedestrian crossings at driveways;
d. Crosswalks (marked, unmarked, signalized); and
e. Path of travel from right-of-way to recreation facilities (parks, restroom) and each feature pad area.

1.8 The Pedestrian Accessibility Plan requested in 1.7 should clearly indicate structures that are proposed with this site and future per other phases and/or site plans. Pedestrian facilities (privately or publicly owned) that are open to the public shall comply with accessibility standards in the City’s Policy on Accessible Pedestrian Facilities, the current edition of the CBC in effect at the time of building permit issuance or, if no permit, the date construction commences, and Part 36 of Title 28 of the Americans with Disabilities Act (ADA) regulations, which include the 2010 ADA Standards.

1.9 Pay all applicable fees pursuant to City Municipal Code including, but not limited to, plan check fees.

1.10 Contract with the Preserve Master Maintenance Corporation or provide for other means acceptable to the Development Services Department director for continued maintenance of public street lights, public sidewalks and landscaping.

1.11 Design all downstream drainage-mitigating measures per approved drainage study, including supporting hydraulic and hydrological data, conforming to recommend changes to the approved Storm Drain Master Plan for Subarea 2 for Line ‘G’. In addition, the Developer shall enter into an agreement for the project’s contribution. The drainage improvements shall include any offsite area and any necessary interim facilities to protect the development and its street improvements.

2.0 PRIOR TO ISSUANCE OF BUILDING PERMITS FOR ANY LOT WITHIN THE SUBDIVISION/ PRIOR TO ISSUANCE OF CONSTRUCTION PERMITS:

2.1 Prior to the issuance of any permits, including but not limited to building, grading, and construction permits, review and approval of the Preliminary Water Quality Management Plan (PWQMP) will be required.

2.2 Record Tract Map No. 16420-Dashed Map pursuant to the Subdivision Map Act and in accordance with City Municipal Code. Provide a duplicate photo Mylar of the recorded map to the City Engineer's office.

2.3 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. 301
PL 23-0043 (MSA) 3 May 1, 2024

2.4 Prepare and submit a drainage study, including supporting hydraulic and hydrological data to the project engineer for approval. The study shall confirm or recommend changes to the City's adopted Master Drainage Plan for Subarea 2 (The Preserve) by identifying off-site runoff proposed to be conveyed by Line ‘G’, downstream control for the Line ‘G’ system, and on-site stormwater 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.

2.5 Prepare and submit a final grading plan showing building footprints, pad elevations, finished grades, drainage routes, retaining walls, erosion control, slope easements and other pertinent information in accordance with Appendix J of the California Building Code, latest edition.

2.6 Provide a certificate, from a Registered Civil Engineer, certifying that the finished grading has been completed in accordance with the City approved grading plan.

2.7 Design full public improvements for all impacted and interior streets/facilities in accordance with the City Municipal Code, Standards and Specifications. Such public improvements may include, but not be limited to the following: (Please coordinate and verify all requirements with the project engineer.)(10)
302
PL 23-0043 (MSA) 4 May 1, 2024
Street Names
Market
Street
(1a)
West
Preserve
Loop (1b)
Legacy
Park
Street (1c)
Main
Street (1d)
Curb & Gutter (Offset from Centerline) 21’ N’ly
& S’ly
30’ W’ly
& E’ly
20’ N’ly &
S’ly
Per
T16420-4
(Block 9)
Sidewalk (Width) 13’ 10’ 5’ 10’
Asphalt Concrete Pavement on Aggregate Base
(Width from Centerline)
40’ wide
(20’)
60’ wide
(30’)
40’ wide
(20’)
Per
T16420-4
(Block 9)
Asphalt Concrete Overlay
Street Lights X X X
Median Island and Landscaping X
Parkway Landscaping (2) X X X X
Striping and Traffic Controls (3) X X X X
Traffic Signal Interconnect
Conduit System for CATV
Sewer (4) X X X Per
T16420-4
(Block 9)
Storm Drain (5) X X X Per
T16420-4
(Block 9)
Domestic Water (6) X X X Per
T16420-4
(Block 9)
Recycled Water (7) X X X Per
T16420-4
(Block 9)
Fire Hydrants as required by CVIFD X X X Per
T16420-4
(Block 9)
Driveway Approaches (8) X X X Per
T16420-4
(Block 9)
Traffic Signal Modifications (9) X

1. The public street improvements listed above are required as follows:
a. Full street improvements on Market St along the south side to the north side curb from Main St to West Preserve Loop. The temporary cul-de-sac shall also be removed. b. Full street improvements on West Preserve Loop along the eastern ROW to the west side curb from Pine Ave to Legacy Park St.
c. Full street improvements on Legacy Park St along the north side to the south side curb from Main St to West Preserve Loop.
d. On Main St only the west side sidewalk to be constructed with Block 8 from Market St to Legacy Park St. The remaining street improvements to the east will be constructed with TM 16420-4 (Block 9) Improvements shall be made as specified in our municipal code and per the City of Chino’s The Preserve Specific Plan.
303
PL 23-0043 (MSA) 5 May 1, 2024

2. The parkway maintenance shall be the responsibility of the property owner.

3. Extent of the signing & striping plan shall be dictated by the City Traffic Engineer.

4. Extend sewer main in Market St westerly to West Preserve Loop. Sewer will continue south in West Preserve Loop to Chino Corona Road. Sewer main in Legacy Park St will begin at easterly driveway and continue west to West Preserve Loop. Abandon unused sewer service(s) where applicable, per City standards. Also see COA 2.14.

5. Install Storm Drain per Master Plan of Drainage and Approved PWQMP. Storm drain shall be constructed per the Master Drainage Plan and approved WQMP, from the project’s eastern boundary in Market St, continue west to West Preserve Loop, then continue south to the intersection of West Preserve Loop and Legacy Park Street. An additional storm drain will be constructed in Legacy Park Street and continue east to the intersection at West Preserve Loop. An offsite interim storm drain basin shall also be constructed, near the southeast corner of West Preserve Loop and Legacy Park Street and will help capture flows from the upstream storm drain. Storm Drain Plans shall not be accepted for City review until Preliminary Water Quality Management plan for the Line G Tributary is approved. The applicant shall ensure that all easements, permissions, permits and approvals are obtained to the satisfaction of the City of Chino prior to commencing any offsite work associated with the storm drain and water quality basins. Also, see COA 2.10 regarding DIF credit/reimbursement.

6. Extend domestic water main in West Preserve Loop, Market St, and Legacy Park St and provide new water meters and services. Abandon any unused water meter and services where applicable, per City standards.

Also see COA 2.16.

7. Extend recycled water main in West Preserve Loop, Market St, and Legacy Park St and install service and meter(s) per applicable City standards. Utilize recycled water on the project site to the maximum extent practicable. Also see COA 2.15.

8. All proposed driveway approaches shall be constructed per City Std. No. 250 with 5-ft sidewalks. Minimum width shall be 30-ft. Minimum radii per City and Chino Valley Independent Fire District (CVIFD) requirements.

9. Intersection and traffic signal modifications will be required at West Preserve Loop and Pine Ave as recommended by the Focused Traffic Assessment dated November 2, 2023, and as approved by the City Traffic Engineer.

10. Repair all damage to existing public improvements due to the proposed construction activities and as requested by the Public Works Inspector.

2.8 All improvements shall comply with federal, state, and local accessibility regulations and standards. a. The review or approval of plans and specifications by the City does not permit the violation of any section of the federal law, state law, building code, or local ordinance. b. Where accessibility standards are contradictory, the provision that provides the most accessible (restrictive) condition shall apply.
c. Where the project’s conditions of approval conflict with accessibility regulations and standards, the prevailing provision shall be determined by City’s Accessibility Coordinator and City Engineer.

Pedestrian facilities (privately or publicly owned) that are open to the public shall comply with accessibility standards in the CBC and ADA regulations at Part 36 of Title 28, which include the 2010 (ADA) Standards.
304
PL 23-0043 (MSA) 6 May 1, 2024
Accessibility of existing and proposed building improvements will be evaluated by the City’s building department. Those comments and requests are in addition to those provided herein.

2.9 Obtain design and plan approval from appropriate utility companies for undergrounding all utility lines adjoining and interior to the project, including power lines of 34.5 kV or less, pursuant to City Municipal Code, Chapter 13.32.

2.10 Pay all applicable fees pursuant to City Municipal Code including, but not limited to, The Preserve Development Impact Fees (DIF) and Sewage Facilities Development Fee (SFDF). The actual amount of fees due to the City will be based on the fee schedule in place on the date that the fees are due, or the date that they are paid, whichever occurs last. The fee amount stated in this notice is subject to change based on (1) annual adjustments for inflation, pursuant to Chino Municipal Code, Chapter 3.40.100 or 3.45.100, (2) revisions to the Chino Municipal Code, and (3) updates to the fee studies and nexus reports adopted by the City.

Developer is solely responsible for remaining informed about changes in the fee amounts. City shall have no obligation to inform Developer of changes in the fee amounts unless Developer requests notice of such changes, pursuant to Government Code Section 66019(b) and Chino Municipal Code Chapter 3.40.080(B) or 3.45.080(B).

2.11 All projects developing one (1) acre or more of total land area, or which are part of a larger phased development that will disturb one acre of land, are required to obtain coverage under the State Water Resources Control Board’s (SWRCB) General Permit for storm water discharges associated with construction activity. Proof of filing a Notice of Intent (NOI) with the SWRCB for coverage under this permit is required. A copy of the Waste Discharger’s Identification Number (WDID), issued by the SWRCB, must be submitted to the Project Engineer prior to issuance of grading permits. More detailed information regarding this General Permit, applicable fee information and the necessary forms to complete the NOI are available by calling (916) 341-5537 or on the SWRCB web site at
https://www.waterboards.ca.gov/water_issues/programs/stormwater/constpermits.html

2.12 Pursuant to Santa Ana Regional Water Quality Control Board Order Number R8-2010-0036, NPDES Permit No. CAS618036, prepare a project-specific Water Quality Management Plan (WQMP) and submit to the project engineer for review and approval. To address NPDES Permit requirements to the maximum extent practicable, the project shall be designed to specify preferential use of Low Impact Development Best Management Practices that reduce pollutants and runoff volume through structural measures (e.g. infiltration, harvesting, and bio-treatment) and non-structural measures (e.g. preserving natural areas, clustering development, and reducing impervious areas). The WQMP shall conform to the requirements of the San Bernardino County Stormwater Program, 2013 WQMP Technical Guidance Document and include the Trash Order Implementation Plan requirements as directed by the Director of Public Works.

2.13 For development activities specific to paved surfaces that will be used for vehicular transportation, the MS4 Permit requires the preparation of a transportation WQMP. The City may require low impact development (LID) preventative measures that promote infiltration and shall be incorporated in the drainage plans for roadway improvement areas outside the project boundary due to offsite infrastructure.

2.14 Install a sewer SmartCover device along Chino Corona Road, spanning in an east-west direction.

This device is essential for the monitoring of sewer flows and facilitating efficient management and maintenance of the sewer system.

2.15 City staff has deemed that the recycled water shall be used for grading operations, dust control activities, and public right-of-way area landscape irrigation. An evaluation of compliance to the 305
PL 23-0043 (MSA) 7 May 1, 2024
California State Water Resources Control Board latest requirements shall be made at the time of permit issuance.

2.16 Prepare and submit a water system evaluation report should there be any proposed deviations from the master facilities in the Water Master Plan Update, dated January 2022. The study shall be an amendment to update the Water Master Plan. The analysis shall evaluate the potential effects of the proposed development on the City’s distribution system and include submission of the ESRI GIS shapefiles to update the hydraulic model.

2.17 The developer shall be required to execute a Chino Basin Watermaster "Voluntary Agreement" with the City in those instances where such an agreement applies. For example, such instances would include developer-acquired acreage that is planned for development, but the timing of that development occurs at some future time and the acreage is proposed to be used for agricultural purposes utilizing City provided water in the interim. The Voluntary Agreement and any necessary amendments to existing agreements must be fully executed prior to the provision of City supplied water for agricultural purposes.

2.18 Any future maintenance and repair of sewer laterals, except for the portion of lateral located within the public right-of-way or public easement, and domestic water or fire service laterals to the project site shall be the sole responsibility of the applicant/property owner in accordance with City Code, Chapter 13.04.175 and 13.12.150.

2.19 All public street corners shall have a minimum curb radii per City Municipal Code, Chapter 19.06 and City Standards and Specifications.

2.20 Provide adequate sight distance (per City Standard No. 865) for each project driveway and at all intersections. Landscaping type and height shall be maintained to ensure sight distance requirements are perpetuated.

2.21 Comply with all requirements of the Focused Traffic Assessment dated November 2, 2023, including participation in fair share contributions and construction of required improvements and mitigation measures as shown on the Mitigation Monitoring and Reporting Program, to mitigate impacts.

2.22 Submit to the City electronic files, in Adobe Acrobat PDF format, of all submittals, including reports, studies, improvement plans, and City redlines of previous submittals. Include AutoCAD and Esri GIS shape files as an e-transmitted zip file of all approved improvement plans.

3.0 PRIOR TO REQUEST AND RELEASE OF ANY OCCUPANCY PERMITS:

3.1 Construct and secure Development Services Department approval of all public facilities enumerated under Section 2.7 above (per Resolution No. 88-23).

3.2 Underground all utility lines adjoining and interior to the project, including power lines of 34.5kV or less in accordance with City Municipal Code, Chapter 13.32.

3.3 The applicant’s Civil Engineer shall field verify that all BMPs are designed, constructed, and functional in accordance with the approved WQMP. BMPs shall also be inspected by Public Works Environmental staff. Coordinate inspection with staff and submit a completed City of Chino BMP field verification form for review and approval.

3.4 Slurry seal along all streets impacted by the development as directed by City staff. Install signing and striping per approved plans.
306
PL 23-0043 (MSA) 8 May 1, 2024

3.5 Provide and record a reciprocal use and maintenance agreement to assure common ingress and egress and joint maintenance of all common access, parking areas and drives.

3.6 Pay all remaining applicable fees pursuant to City Municipal Code.

4.0 PRIOR TO FINAL ACCEPTANCE/PROJECT CLOSEOUT:

4.1 Complete all Conditions of Approval listed under Sections 1-3 above.

4.2 Submit to the City a letter from the surveyor indicating monuments required for the map have been set and they have been fully paid for their services.

4.3 Submit to the City, electronic files of Tract/Parcel Map and “as-built” improvement plans in AUTOCAD, Ersi GIS shape and Adobe Acrobat PDF formats. AUTOCAD files shall be submitted as an e-transmitted zip file of the CAD drawings with all base files attached. Scanned resolution of PDF shall be a minimum of 360 dpi.
307
Rev. 6/6/23

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

DEVELOPMENT ENGINEERING DIVISION
TRACT MAP NO. 16420-Dashed Map PL23-0043 (MSA)
PROJECT ENGINEER: Daniel Aguirre
DATE: 5/1/2024

A COPY OF THIS CHECK LIST MUST BE PROVIDED ALONG WITH A COMPLETED PLAN CHECK REVIEW APPLICATION TO THE

ENGINEERING TECHNICIAN WHEN MAKING AN APPOINTMENT FOR FIRST PLAN CHECK SUBMITTAL Copy of Development Engineering Division Conditions of Approval Plan Check Fee Calculation Form
Maps (Subdivision Only)
Preliminary Title Report (no older than six months) (Subdivision Only) Closure Calculations (Subdivision Only)
Referenced Maps (Subdivision Only)
Preliminary Soils Report (no older than sixty days)
Lot line adjustment certificate
Lot merger
Right-of-way dedication
Rough Grading Plans
Precise Grading Plans
Storm Drain Plans
Hydrology and Hydraulic Calculations with Backup Data (Signed and Sealed by a Registered Civil Engineer)
Engineering Cost Estimate (On City Forms) with Engineer’s Wet Signature and Stamp Street Improvements Plans
Copies of Cross-Sections (if street plans are required) at 50’ intervals and extended a minimum of 100’ beyond limits of improvements
Sewer Plans
Domestic Water Plans
Recycled Water Plans
Street Light Plans including a Photometric Diagram
Voltage Drop Calculations (Signed and Sealed by a Registered Engineer) Signing and Striping Plans
Traffic Control Phasing Plan
Traffic Signal Plans (Traffic Signal Modification plans for Traffic Signal Modification at WPL and Pine Ave)
Water Quality Management Plan
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01225.0006/366470.2 C-1
EXHIBIT “C”
TRACT NO. 16420-8

CHINO PRESERVE DEVELOPMENT CORPORATION

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

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

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

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

5. All persons executing this warranty hereby represent and warrant to the City of Chino, and Subdivider hereby represents and warrants, that the signatories hereto have the legal power, right and authority to execute this warranty on behalf of the Subdivider and that the signatories hereto have sufficient knowledge or expertise, either personally, through reasonable inspection and investigation of the property, or through reasonable 309
01225.0006/366470.2 C-2
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: _________________________
CHINO PRESERVE DEVELOPMENT CORPORATION*
By:
*Proof of authorization for Subdivider’s signatures is required to be submitted concurrently with this environmental warranty.
310
Contract No.:

Approval Date:
7-10-20v2

CONSTRUCTION CREDIT AND REIMBURSEMENT AGREEMENT

PRESERVE DEVELOPMENT IMPACT FEE PROGRAM
TRACT MAP NO. 16420-8
(Block 8 and a Portion of Block 6)
This CONSTRUCTION CREDIT AND REIMBURSEMENT AGREEMENT (“Agreement”) is entered into this 6th day of October (“Effective Date”), by and between CITY OF CHINO, a California municipal corporation (“City”), and CHINO PRESERVE DEVELOPMENT CORPORATION (“Developer”). City and Developer are sometimes hereinafter referred to individually as “Party” and jointly as “Parties”.

RECITALS
A. The City’s Planning Commission approved an “A” Level Master Site Approval and Tentative Tract Map No. 16420 to subdivide approximately 522 acres of land generally located south of Pine Avenue, west of Hellman Avenue, and north and east of Chino Corona Road, within the South of Pine area of The Preserve. The Master Site Approval was subsequently modified to facilitate development of the master plan area and associated public improvements. Tentative Tract Map No. 16420-8, as presented by the Developer, consists of the subdivision of Block 8 and a portion of Block 6 for development of the previously approved residential community (the “Project”). The Project is located on certain real property in the City of Chino, County of San Bernardino, State of California, described in Exhibit A attached hereto and incorporated herein by this reference (the “Property”).

B. Developer has requested from City certain entitlements and/or permits for the Project, and City has granted the entitlements and/or permits subject to certain conditions of approval provided on Exhibit B which will require certain public improvements to be constructed in excess of those applicable to the Project (“Conditions of Approval”).

C. The Conditions of Approval also require Developer to pay Development Impact Fees (“DIFs”), as established in Chapter 3.45 of the Chino Municipal Code (“DIF Ordinance”). The DIFs have been established by City to finance public facilities in furtherance of the goals and objectives of City’s general plan, various facility master plans, capital improvement plans, and the nexus reports described in the DIF Ordinance (“Nexus Reports”).

D. Pursuant to the DIF Ordinance and the Conditions of Approval, Developer owes DIFs for the Project.

E. Developer has elected to construct certain public improvements in excess of those specifically required by the Conditions of Approval which are specified on Exhibit C (“Public Improvements”).

F. The DIF Ordinance provides that if, as a condition of approval of a development project, a developer constructs a public facility identified in the Nexus Reports, for which a development impact fee is imposed, Developer shall be eligible to receive a fee credit toward the DIFs imposed 311
2 on the Project for the same type of public facility so constructed, and shall be entitled to reimbursement for eligible costs of constructing the public facility, provided that developer complies with the requirements of the DIF Ordinance as it may be amended from time to time. The DIF Ordinance specifically requires that the developer and City enter into a credit and reimbursement agreement.

G. City and Developer desire to enter into this Agreement for the following purposes: (i) to provide for the timely construction and completion of the Public Improvements, (ii) to ensure that construction of the Public Improvements is undertaken in accordance with the Plans and Specifications (defined in Section 2.1 below), and the laws and ordinances pertaining to the construction of public improvements, (iii) to provide the methodology for establishing the reimbursement amounts and/or DIF credits to which Developer may be entitled after completion of the Public Improvements (“Reimbursement/Credits”); and (iv) the requirements for Developer’s transfer or application of all or any portion of the Reimbursement/Credits to third party.

NOW, THEREFORE, for the purposes set forth herein, Developer and City hereby agree as follows:

AGREEMENT:

1. Incorporation of Recitals. The Parties hereby affirm the facts set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein.

2. Construction of Public Improvements. Developer shall construct at its own cost and expense, the Public Improvements in accordance with the Plans and Specifications and the provisions set forth in this Agreement. Developer shall provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary to fully and adequately complete the Public Improvements.

2.1 Pre-approval of Plans and Specifications. Developer is prohibited from commencing work on any portion of the Public Improvements until all plans and specifications for the Public Improvements have been submitted to and approved in writing by City (“Plans and Specifications”). Approval by City shall not relieve Developer from ensuring that all Public Improvements conform to all applicable laws, ordinances and regulation under California and federal law.

2.2 Permits and Notices. Prior to commencing any work, Developer (through its contractors) shall, at its sole cost and expense, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the Public Improvements and performance of Developer’s obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in this Agreement, any applicable law, and any permit or license issued to Developer.

2.3 Public Works Requirements. Developer shall ensure that the bidding, awarding, and construction of the Public Improvements are undertaken as if such Public Improvements were constructed as a public works project under the direction and authority of City, pursuant to all provisions of law applicable to governmental entities. Developer shall also comply with the requirements of City’s Bidding and Contract Requirements for Public Improvements Policy, as adopted by City Council, hereby incorporated by reference and made a part of hereof (as may be amended from time to time). (a) Prior to soliciting or awarding the bid for any portion of the Public Improvements, Developer shall submit the bid packet and a set of construction drawings signed by Developer or another authorized representative designated by Developer for the work being bid to City 312
3 Engineer or his designee for review and approval, which approval shall be granted or denied within fifteen (15) calendar days after submission of such bid packet. If City Engineer denies approval of such bid packet and construction drawings, City Engineer shall specify the reasons for such disapproval and Developer shall resubmit a revised bid packet for review and approval until such approval is obtained. (b) Developer shall obtain bids for the construction of the Public Improvements in a manner which has been approved by City Engineer. Developer shall provide City Engineer with copies of all bids received from California licensed contractors and a bid summary in a form approved by City Engineer to assure that the contractor/subcontractors adhere to the applicable legal requirements for public works projects. The contract or contracts for the construction of the Public Improvements shall be awarded to the responsible bidder(s) submitting the lowest responsive bid(s) for the construction of the Public Improvements. Developer shall enter into a construction contract with each contractor selected to perform work on the Public Improvements (after competitive bidding as set forth above), (each, a “Construction Contract”) for the performance of the work set forth in the selected bid, and the terms of each Construction Contract entered into by Developer and each contractor/subcontractor shall be reasonably acceptable to City Engineer. Developer shall submit to City a copy of each executed Construction Contract for the Public Improvements within fifteen (15) days after execution thereof. (c) Developer’s general contractor for the construction of the Public Improvement (“General Contractor”) shall pay prevailing wages (in accordance with Articles 1 and 2 of Chapter 1, Part 7, Division 2 of the Labor Code) and otherwise comply with applicable provisions of the Labor Code, the Government Code, the Civil Code, and the Public Contract Code relating to public works projects of cities and as required by the procedures and standards of City with respect to the construction of its public works projects or as otherwise directed by City Engineer. (d) All contractors shall be required to provide proof of insurance coverage throughout the term of the construction of the Public Improvements which they will construct in conformance with Section 5 of this Agreement.

2.4 Schedule of Performance. Developer shall commence construction of the Public Improvements in accordance with the Subdivision Improvement Agreement for Tract Map No. 16420-8 .

2.5 Standard of Performance. Developer and its contractors shall perform all work required, constructing the Public Improvements in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement.

2.6 Alterations to Public Improvements. All work shall be done and the Public Improvements completed as shown on the Plans and Specifications, and any subsequent alterations thereto mutually agreed upon by City and Developer. If Developer desires to make any alterations to the Plans and Specifications, it shall provide written notice to City of such proposed alterations. City shall have ten (10) business days after receipt of such written notice to administratively approve or disapprove such alterations, which approval shall not be unreasonably withheld, conditioned or delayed. If City fails to provide written notice to Developer of its approval or disapproval of the alterations within such ten (10) business day period, City will be deemed to have disapproved such alterations to the Plans and Specifications. Any and all alterations in the Plans and Specifications and the Public Improvements to be completed may be accomplished without first giving prior notice thereof to Developer’s surety for this Agreement. 313
4 2.7 Force Majeure. Developer agrees that the time within which it shall be required to perform any act under this Agreement shall not be extended except as follows: (i) Developer is delayed by City (including, without limitation, restrictions on priority, initiative or referendum, or moratoria), in which case Developer shall provide written notice to City specifically describing the nature and extent of the delay caused by City and Developer’s detailed efforts to avoid such delay, which references this Section and deliver such notice within twenty (20) days of discovering such delay, and Developer’s obligations shall be extended for such time as City deems reasonable as a result of the delay if and only if Developer provides such written notice to City within such time; or (ii) Developer is delayed due to war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, casualties, natural disasters, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, processing with any governmental agencies, unusually severe weather, or any other similar causes beyond the control of Developer or without the fault of Developer. An extension of time for any such cause shall be for the period of the enforced delay equal to the number of days during which Developer’s performance was delayed and shall commence to run from the time of the commencement of the cause, if written notice by Developer claiming such extension is sent to City within twenty (20) days of knowledge of the commencement of the cause.

3. Security; Surety Bonds. Prior to the commencement of any work on the Public Improvements, Developer or its contractor shall provide City with surety bonds in the amounts and under the terms set forth below or, at City’s request, in lieu of surety bonds, a letter of credit or letters of credit issued by a banking institution with a rating to be approved by City and in the form and upon terms approved by City (“Security”). The amount of the Security shall be based on the estimated actual costs (“Estimated Costs”) to construct the Public Improvements, as determined by City after Developer has awarded a contract for construction of the Public Improvements to the lowest responsive and responsible bidder in accordance with this Agreement. If City determines, in its sole and absolute discretion, that the Estimated Costs have changed, Developer or its contractor shall adjust the Security in the amount requested by City.

Providing the Security shall not release Developer of its indemnification obligation in Section 4.

3.1 Performance Bond. To guarantee the construction of the Public Improvements and faithful performance of all the provisions of this Agreement, to protect City if Developer is in default as defined in Section 14, and to secure the Warranty of the Public Improvements pursuant to Section 10, Developer or its contractor shall provide City a faithful performance bond in an amount which sum shall be not less than one hundred percent (100%) of the Estimated Costs. City may, in its reasonable discretion, partially release a portion or portions of the security provided under this section as the Public Improvements are completed by City, provided that Developer is not in default on any provision of this Agreement and the total remaining security is not less than twenty percent (20%) of the Estimated Costs. All security provided under this section shall be released upon the final acceptance by the City Council of the City, provided that Developer is not in default of this Agreement.

3.2 Labor & Material Bond. To secure payment to the contractors, subcontractors, laborers, materialmen, and other persons furnishing labor, materials, or equipment for performance of the Public Improvements and this Agreement, Developer or its contractor shall provide City a labor and materials bond in an amount which sum shall not be less than fifty percent (50%) of the Estimated Costs.

All security provided under this section shall be released upon the final acceptance by the City Council of the City, provided that Developer is not in default of this Agreement

3.3 Additional Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best rating of at least “A” and FSC-VIII, shall be licensed to do business in California. As part of the obligation secured by the Security and in addition to the face amount of the Security, Developer and its contractor or the surety shall secure the costs and reasonable expenses and fees, including reasonable attorneys’ fees and costs, incurred by City in enforcing the obligations of this Agreement. Developer and its contractor and the surety shall stipulate and agree that no change, extension 314
5 of time, alteration, or addition to the terms of this Agreement, the Public Improvements, or the Plans and Specifications shall in any way affect its obligation on the Security.

4. Indemnification. Developer shall defend, indemnify, and hold harmless City, its elected officials, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental agency, arising out of or incident to any acts, omissions, negligence or willful misconduct of Developer in connection with the performance of this Agreement (“Claims”). This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any Claim which is caused by the negligence or willful misconduct of City, as determined by a court or administrative body of competent jurisdiction and excludes any Claims arising out of incidents occurring after the date of the City’s acceptance of the Public Improvements. Developer’s obligation to indemnify regarding Claims arising from incidents occurring prior to the date of the City’s acceptance of the Public Improvements shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, employees, or agents.

5. Insurance.

5.1 Types; Amounts. Developer shall procure and maintain, and shall require its contractors to procure and maintain, during performance of this Agreement, insurance of the types and in the amounts described below (“Required Insurance”). If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit.

5.1.1 General Liability. Occurrence version general liability insurance, or equivalent form, with a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage.

5.1.2 Business Automobile Liability. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any auto owned, leased, hired, or borrowed by the insured or for which the insured is responsible.

5.1.3 Workers’ Compensation. Workers’ compensation insurance with limits as required by the Labor Code of the State of California and employers’ liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence, at all times during which insured retains employees.

5.1.4 Professional Liability. For any consultant or other professional who will engineer or design the Public Improvements, liability insurance for errors and omissions with limits not less than One Million Dollars ($1,000,000) per occurrence, shall be procured and maintained for a period of five (5) years following completion of the Improvements. Such insurance shall be endorsed to include contractual liability.

5.2 Deductibles. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; 315
6 or (b) Developer and its contractors shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.

5.3 Additional Insured; Separation of Insureds. The Required Insurance, except for the professional liability and workers’ compensation insurance, shall name City as an additional insured with respect to work performed by or on behalf of Developer or its contractors, including any materials, parts, or equipment furnished in connection therewith. The Required Insurance shall contain standard separation of insureds provisions, and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, or agents.

5.4 Primary Insurance; Waiver of Subrogation. The Required Insurance shall be primary with respect to any insurance or self-insurance programs covering City, its elected officials, officers, employees, or agents. The policy required for workers’ compensation insurance shall provide that the insurance company waives all right of recovery by way of subrogation against City in connection with any damage or harm covered by such policy.

5.5 Certificates; Verification. Developer and its contractors shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City before work pursuant to this Agreement can begin. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

5.6 Term; Cancellation Notice. Developer and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. All policies shall, to the extent available from commercially reasonable insurance providers, be endorsed to provide that the Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire except on thirty (30) days’ prior written notice to City.

5.7 Insurer Rating. Unless approved in writing by City, all Required Insurance shall be placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least “A-” and FSC-VIII.

6. Maintenance of Improvements. City shall not be responsible or liable for the maintenance or care of, and shall exercise no control over, the Public Improvements until such Public Improvements are accepted by City. Developer shall have no obligation to make the Public Improvements available for public use at any time before the Public Improvements are accepted by City. Any use by any person of the Public Improvements, or any portion thereof, shall be at the sole and exclusive risk of Developer at all times prior to City’s acceptance of the Improvements. Developer shall maintain all of the Public Improvements in a state of good repair until they are completed by Developer and accepted by City.

Prior to acceptance by the City, it shall be Developer’s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this section, City may, upon written notice and Developer’s failure to remedy as provided in Section 14, do all work necessary for such maintenance, and the cost thereof shall be the responsibility of Developer and its surety under this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Public Improvements or their condition prior to acceptance, except to the extent such damage or injury is caused by the negligence or willful misconduct of City, its elected officials, employees, and/or agents.

7. City Inspection of Public Improvements. Developer shall, at its sole cost and expense, and at all times during construction of the Public Improvements, maintain reasonable and safe facilities and 316
7 provide safe access for inspection by City of the Public Improvements and areas where construction of the Public Improvements is occurring or will occur. Developer shall give notice to City when the construction of all or a portion of the Public Improvements is complete. Upon receiving such notice, City may inspect the Public Improvements and request any modifications or corrections as may be deemed reasonably necessary by City Engineer, in his or her sole discretion, to bring the Public Improvements into conformity with the Plans and Specifications, including any approved revisions thereto. Developer or Developer’s contractors shall make all such modifications and corrections requested by City Engineer.

8. Liens. Developer shall not permit any liens to be filed against the Public Improvements and indemnifies City with respect to any such liens. Upon the expiration of the time for the recording of claims of liens as prescribed by Sections 8412 and 8414 of the Civil Code with respect to the Public Improvements, Developer shall provide to City such evidence or proof as City shall reasonably require that all persons, firms, and corporations supplying work, labor, materials, supplies, and equipment to the construction of the Public Improvements have been paid, and that no claims of liens have been recorded by or on behalf of any such person, firm, or corporation. Rather than await the expiration of the said time for the recording of claims of liens, Developer may elect to provide to City a title insurance policy or other security acceptable to City guaranteeing that no such claims of liens will be recorded or become a lien upon any of the Property.

9. Acceptance of Improvements; As-Built or Record Drawings. If the Public Improvements are completed by Developer in accordance with the Plans and Specifications, as reasonably determined by City Engineer, City shall be authorized to accept the Public Improvements. City may, in its reasonable discretion, accept fully completed portions of the Public Improvements prior to such time as all of the Public Improvements are complete, which shall not release or modify Developer’s obligation to complete the remainder of the Public Improvements. Upon the total or partial acceptance of the Public Improvements by City, Developer shall file with the Recorder’s Office of the County of San Bernardino a notice of completion for the accepted Improvements in accordance with California Civil Code Section 9204 (“Notice of Completion”), at which time the accepted Public Improvements shall become the sole and exclusive property of City without any payment therefor, except as expressly set forth herein.

Notwithstanding the foregoing, City may not accept any Public Improvements (or the applicable portion thereof) unless and until Developer provides two (2) sets of “as-built” or record drawings or plans to City for all such Public Improvements (or the applicable portion thereof). The drawings shall be certified and shall reflect the condition of the Public Improvements as constructed, with all changes incorporated therein.

10. Warranty and Guaranty. Developer warrants and guarantees all the Public Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of the Public Improvements, for a period of one (1) year following completion of the work and acceptance by City (“Warranty”). During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise materially unsatisfactory portion of the Improvements, in accordance with the Plans and Specifications. All repairs, replacements, or reconstruction during the Warranty period shall be at the sole cost and expense of Developer, and shall not be eligible for credits or reimbursements. As to any Public Improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer hereby agree to provide a warranty for a one (1) year period following City acceptance of the repaired, replaced, or reconstructed Public Improvements.

Developer’s warranty obligation under this section shall survive the expiration or termination of this Agreement.

11. DIF Credit and Reimbursement.

11.1 Calculation of Eligible Costs. Upon or prior to completion of the Public Improvements by Developer, Developer shall submit to City Engineer such information as City Engineer 317
8 may require to calculate the actual costs incurred by Developer to construct the Public Improvements (“Actual Costs”).

11.2 Credit/Reimbursement Limits. The credit and, if applicable, reimbursement amount owed to Developer for construction of the Public Improvements (“Credit/Reimbursement Amount”) shall be equal to the Actual Costs, subject to the following limitations:

11.2.1 Reasonable Soft Costs. City Engineer shall, in his or her reasonable discretion, determine the amount of reasonable soft costs eligible for credit and reimbursement under the DIF Ordinance. Such amounts may include professional engineering and design services, construction management, soils testing, permits, plan check fees, and inspections, but shall not include interest or attorneys’ fees. For soft costs to be reimbursable to Developer pursuant to this Agreement, City must be able to verify that such soft costs are specifically attributable to the specified Public Improvements for which reimbursement is being made, by reference to separate subcontract(s) or by another means approved by City in writing. The total amount of the soft costs shall not exceed fifteen percent (15%) of the Credit/Reimbursement Amount. City Engineer may, in his or her reasonable discretion, reduce or disallow credit/ reimbursement for any costs he finds excessive or unreasonable.

11.2.2 Nexus Report Costs Estimates. The Credit/Reimbursement Amount shall not exceed the cost estimates for the Public Improvements included in the Nexus Reports, unless approved by City council.

11.2.3 DIF Categories. Developer acknowledges that DIFs are imposed in various separate categories to fund specific public facilities. Credit against DIFs may only be applied for eligible improvements identified in the specific DIF category.

11.3 Conditions Precedent to Final Credit or Reimbursement. City’s obligation to provide fee credits or reimbursements for the Public Improvements pursuant to this Agreement is conditioned upon the prior satisfaction by Developer or written waiver by City Manager of each of the following Conditions Precedent within the times designated below:

11.3.1 Completion of Construction. Developer shall have completed the construction of the Public Improvements acceptable to City, and thirty (30) days have elapsed since notices of completion have been recorded in relation to the Public Improvements, in accordance with California Civil Code Sections 9204 and/or 8182 (as applicable). The purpose of this provision is to ensure that the Public Improvements will be independently functional and to maintain consistency with vesting rights, and nothing herein shall be deemed to make any part of the Project a public work other than the Public Improvements.

11.3.2 Submission of Documents. Developer shall have made full and complete payment of all undisputed claims for work performed on the Public Improvements, or in the event of a dispute between Developer and the General Contractor or a subcontractor, Developer shall have obtained a commercially reasonable bond reasonably satisfactory to City to release any applicable mechanics’ lien or stop notice, and Developer shall have submitted and City shall have approved a written request for the credit/reimbursement, including copies of all bills and/or invoices evidencing the costs of constructing the Public Improvements actually incurred by Developer and any other documents reasonably required by City.

11.3.3 As-Built Drawings. Pursuant to Section 9, Developer shall have submitted two (2) sets of final as-built drawings for the Public Improvements to City Engineer.

11.3.4 Acceptance of Required Public Improvements by City. The City Council shall have accepted title to the Public Improvements. 318
9 11.3.5 No Default. Developer shall not be in default in any of its obligations under the terms of this Agreement, and all representations and warranties of Developer contained herein shall be true and correct in all material respects.

11.3.6 Compliance with DIF Ordinance and Conditions of Approval.

Developer shall be in compliance with all requirements of the DIF Ordinance and the Conditions of Approval.

11.4 DIF Addendum Assignment of Credit/Reimbursement Amount. Developer shall have the right to assign all or portions of the Credit/Reimbursement Amount in accordance with the requirements specified in the DIF Addendum, which assignment will require City’s written acknowledgement. Developer understands that strict compliance with the assignment restrictions is critical to allow City to track the total Credit/Reimbursement Amount and Developer’s failure to comply with the assignment requirements in the DIF Addendum may result in delays in the processing of credit/reimbursement assignments by the City Exhibit D (“DIF Addendum”).

11.5 Payment. If Developer’s credit is less than the DIF owed, then Developer shall pay the remaining balance to City to fully satisfy Developer’s DIF obligation within thirty (30) days of the execution of the DIF Addendum.

11.6 Reimbursement. If Developer is entitled to a reimbursement, City shall reimburse the balance to Developer in accordance with the provisions of the DIF Ordinance.

12. Assignment. Prior to completion of the Public Improvements, Developer may assign this Agreement to a third party (“Assignment”), subject to the approval of City’s Director of Development Services (“Director”) in his/her reasonable discretion. If Developer desires to assign this Agreement, Developer shall provide detailed information as to the proposed assignee (“Assignee”) as requested by City including but not limited, evidence of Assignee’s right to acquire the Property, its background and financial information evidencing the ability of Assignee to complete the Public Improvements. Any assignment of this Agreement shall not release Assignor.

13. Default; Notice; Remedies.

13.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation or code, City may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation (“Notice of Default”). Developer shall substantially commence the work required to remedy the default or violation within five (5) business days after its receipt of the Notice of Default. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the Notice of Default verbally, and Developer shall substantially commence the required work within twenty-four (24) hours thereof. Immediately upon City’s issuance of the Notice of Default, Developer and its surety shall be liable to City for all costs of construction and installation of the Public Improvements and all other administrative costs or expenses, as provided for in Section 15 of this Agreement.

13.2 Failure to Remedy; City Action. If the work required to remedy the noticed default or violation is not commenced within the time required under Section 13.1 of this Agreement and diligently prosecuted to completion, City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its reasonable discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost and expense of Developer and its surety, without the necessity of giving any further notice to 319
10 Developer or surety. In the event City elects to complete or arrange for completion of the remaining work and the Public Improvements, City may require all work by Developer or its surety to cease in order to allow adequate coordination by City.

13.3 Other Remedies. No action by City pursuant to this Section 13 shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise its rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance.

14. Administrative Costs. If Developer fails to construct and install all or any part of the Public Improvements, or if Developer fails to comply with any other obligation contained herein, Developer and its surety shall be jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable attorneys’ fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law.

15. Miscellaneous.

15.1 Relationship between the Parties. The Parties hereby mutually agree that this Agreement shall not operate to create the relationship of partnership, joint venture, or agency between City and Developer. Developer’s contractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of City.

15.2 Authority to Enter Agreement. Each person executing this Agreement on behalf of Developer represents and warrants that he or she has the legal power, right and authority to execute this Agreement on behalf of Developer and that this Agreement is binding upon Developer.

15.3 Notices. Any notice, demand, request, consent, approval, or communication either Party desires or is required to give to the other Party or any person shall be in writing and either served personally, communicated electronic mail (with a receipt requested), or sent by prepaid, first-class mail to the address set forth below. Notice shall be deemed communicated immediately upon personal delivery, fax or email receipt, or forty-eight (48) hours from the time of mailing if mailed as provided in this Section:

To City: City of Chino
13220 Central Avenue
Chino, CA 91710
Attn: Contracts & DIF Administrator
Email: [email protected]
With Copy to: Aleshire & Wynder, LLP
1 Park Plaza, Suite 1000
Irvine, CA 92614
Attn: Fred Galante, Esq.

Email: [email protected]
To Developer: Chino Preserve Development Corporation
1156 N Mountain Avenue
Upland, Ca 91785-0670
Attn: Bryan Goodman
320
11 With Copy To: Chino Preserve Development Corporation c/o Lewis Management Corporation
1156 N Mountain Avenue
Upland, Ca 91785-0670
Attn: Jay Dupre, Esq.

15.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.

15.5 Construction; References; Captions. The Parties agree that the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.

Any term referencing time, days, or period for performance shall be deemed calendar days and not work days, unless specified therein. All references to Developer include all personnel, employees, agents, and contractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

15.6 Amendment; Modification. No supplement, modification, or amend-mint of this Agreement shall be binding unless executed in writing and executed by both Parties.

15.7 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise.

15.8 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns.

This section shall not be construed as an authorization for any Party to assign any right or obligation.

15.9 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

15.10 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

15.11 Governing Law; Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties’ activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of San Bernardino, California.

15.12 Time is of the Essence. Time is of the essence in this Agreement, and the Parties agree to execute all documents and proceed with due diligence to complete all covenants and conditions.

15.13 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument.

15.14 City Officers and Employees. No officer or employee of City shall be personally liable to Developer or any successors in interest in the event of any default or breach by City or for any amount that may become due to Developer or any successor(s) in interest or for breach of any obligation 321
12 of the terms of this Agreement. No officer or employee of Developer shall be personally liable to City or any successor(s) in interest in the event of any default or breach by Developer or for any amount that may become due to City or their successors in interest or for breach of any obligation of the terms of this Agreement.

15.15 Entire Agreement. This Agreement contains the entire agreement between City and Developer and supersedes any prior oral or written statements or agreements between City and Developer.

15.16 Attorneys’ Fees. Notwithstanding the provisions of Section 14 above, in the event of any litigation arising from or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs of litigation

15.17 Exhibits. The following exhibits are attached hereto and incorporated herein by reference:

Exhibit A Location Map
Exhibit B Conditions of Approval
Exhibit C Public Improvements
Exhibit D DIF Credit/Reimbursement Addendum
[SIGNATURES ON FOLLOWING PAGE]
322
13 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

ALESHIRE & WYNDER, LLP
Fred Galante, City Attorney Hye Jin Lee
Director of Public Works

CHINO PRESERVE DEVELOPMENT
CORPORATION:

By:

Its: Authorized Agent
Bryan Goodman
Dated:

CITY OF CHINO
Linda Reich, City Manager
Dated:

ATTEST:

By:

Natalie Gonzaga, City Clerk
DEVELOPER: TWO PERSONS AUTHORIZED BY THE APPLICABLE ENTITY FORMATION DOCUMENTS SHALL EXECUTE THIS AGREEMENT. COPIES OF APPLICABLE DOCUMENTS EVIDENCING SUCH AUTHORITY SHALL BE PROVIDED TO CITY.

DEVELOPER SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE

ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE APPLICABLE FORMATION DOCUMENTS FOR THE ENTITY.
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01225
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A-1

EXHIBIT A

LOCATION MAP
[Attached]
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327
B-1

EXHIBIT B

CONDITIONS OF APPROVAL
[ATTACHED]
328

PROJECT LOCATION: Block 8 is bounded by Market St to the north, future Main St to the east, future Legacy Park Street to the south, and future West Preserve Loop to the west.

APPLICANT: Chino Preserve Development Corp. PROJECT ENGINEER: Daniel Aguirre

PRIOR TO THE FOUR MAJOR DEVELOPMENT EVENTS, THE APPLICANT SHALL SATISFY AND FULFILL ALL CONDITIONS OUTLINED BELOW. FAILURE TO COMPLY WITH ANY CONDITIONS OF

APPROVAL SHALL BE DEEMED JUST CAUSE FOR REVOCATION OF PROJECT APPROVAL BY THE PLANNING COMMISSION. HOWEVER, THE PUBLIC WORKS DIRECTOR SHALL HAVE THE

AUTHORITY TO APPROVE MINOR DEVIATIONS IN THE CONDITIONS OF APPROVAL, AND ALL PLANS INCLUDING THE CONSTRUCTION DRAWINGS.

THIS PROJECT SHALL ALSO COMPLY WITH THE APPLICABLE ENGINEERING CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 16420 APPROVED BY THE PLANNING COMMISSION ON FEBRUARY 23, 2022.

1.0 PRIOR TO MAP RECORDATION OF TM 16420 Dashed Map:

1.1 Provide a preliminary Title Report no older than 60 days.

1.2 Submit a soils/geology report in accordance with Appendix J of the California Building Code, latest edition to the project engineer for review and approval.

1.3 Make the following dedications:

1.3b Prepare and record necessary drainage easements to implement the project in accordance with drainage law.
329
PL 23-0043 (MSA) 2 May 1, 2024

1.5 Provide a Monumentation Bond in an amount specified in writing by a Registered Engineer or Licensed Land Surveyor of Record.

1.6 Comply with all applicable requirements of the City Municipal Code.

1.9 Pay all applicable fees pursuant to City Municipal Code including, but not limited to, plan check fees.

2.0 PRIOR TO ISSUANCE OF BUILDING PERMITS FOR ANY LOT WITHIN THE SUBDIVISION/ PRIOR TO ISSUANCE OF CONSTRUCTION PERMITS:

2.6 Provide a certificate, from a Registered Civil Engineer, certifying that the finished grading has been completed in accordance with the City approved grading plan.

2.7 Design full public improvements for all impacted and interior streets/facilities in accordance with the City Municipal Code, Standards and Specifications. Such public improvements may include, but not be limited to the following: (Please coordinate and verify all requirements with the project engineer.)(10)
331
PL 23-0043 (MSA) 4 May 1, 2024
Street Names
Market
Street
(1a)
West
Preserve
Loop (1b)
Legacy
Park
Street (1c)
Main
Street (1d)
Curb & Gutter (Offset from Centerline) 21’ N’ly
& S’ly
30’ W’ly
& E’ly
20’ N’ly &
S’ly
Per
T16420-4
(Block 9)
Sidewalk (Width) 13’ 10’ 5’ 10’
Asphalt Concrete Pavement on Aggregate Base
(Width from Centerline)
40’ wide
(20’)
60’ wide
(30’)
40’ wide
(20’)
Per
T16420-4
(Block 9)
Asphalt Concrete Overlay
Street Lights X X X
Median Island and Landscaping X
Parkway Landscaping (2) X X X X
Striping and Traffic Controls (3) X X X X
Traffic Signal Interconnect
Conduit System for CATV
Sewer (4) X X X Per
T16420-4
(Block 9)
Storm Drain (5) X X X Per
T16420-4
(Block 9)
Domestic Water (6) X X X Per
T16420-4
(Block 9)
Recycled Water (7) X X X Per
T16420-4
(Block 9)
Fire Hydrants as required by CVIFD X X X Per
T16420-4
(Block 9)
Driveway Approaches (8) X X X Per
T16420-4
(Block 9)
Traffic Signal Modifications (9) X

2. The parkway maintenance shall be the responsibility of the property owner.

3. Extent of the signing & striping plan shall be dictated by the City Traffic Engineer.

Also see COA 2.16.

10. Repair all damage to existing public improvements due to the proposed construction activities and as requested by the Public Works Inspector.

Pedestrian facilities (privately or publicly owned) that are open to the public shall comply with accessibility standards in the CBC and ADA regulations at Part 36 of Title 28, which include the 2010 (ADA) Standards.
333
PL 23-0043 (MSA) 6 May 1, 2024
Accessibility of existing and proposed building improvements will be evaluated by the City’s building department. Those comments and requests are in addition to those provided herein.

2.14 Install a sewer SmartCover device along Chino Corona Road, spanning in an east-west direction.

This device is essential for the monitoring of sewer flows and facilitating efficient management and maintenance of the sewer system.

2.15 City staff has deemed that the recycled water shall be used for grading operations, dust control activities, and public right-of-way area landscape irrigation. An evaluation of compliance to the 334
PL 23-0043 (MSA) 7 May 1, 2024
California State Water Resources Control Board latest requirements shall be made at the time of permit issuance.

2.19 All public street corners shall have a minimum curb radii per City Municipal Code, Chapter 19.06 and City Standards and Specifications.

3.0 PRIOR TO REQUEST AND RELEASE OF ANY OCCUPANCY PERMITS:

3.1 Construct and secure Development Services Department approval of all public facilities enumerated under Section 2.7 above (per Resolution No. 88-23).

3.2 Underground all utility lines adjoining and interior to the project, including power lines of 34.5kV or less in accordance with City Municipal Code, Chapter 13.32.

3.4 Slurry seal along all streets impacted by the development as directed by City staff. Install signing and striping per approved plans.
335
PL 23-0043 (MSA) 8 May 1, 2024

3.5 Provide and record a reciprocal use and maintenance agreement to assure common ingress and egress and joint maintenance of all common access, parking areas and drives.

3.6 Pay all remaining applicable fees pursuant to City Municipal Code.

4.0 PRIOR TO FINAL ACCEPTANCE/PROJECT CLOSEOUT:

4.1 Complete all Conditions of Approval listed under Sections 1-3 above.

4.2 Submit to the City a letter from the surveyor indicating monuments required for the map have been set and they have been fully paid for their services.

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

DEVELOPMENT ENGINEERING DIVISION
TRACT MAP NO. 16420-Dashed Map PL23-0043 (MSA)
PROJECT ENGINEER: Daniel Aguirre
DATE: 5/1/2024

A COPY OF THIS CHECK LIST MUST BE PROVIDED ALONG WITH A COMPLETED PLAN CHECK REVIEW APPLICATION TO THE

EXHIBIT C

PUBLIC IMPROVEMENTS
[ATTACHED]
338
The Preserve - Block 8
Tract 16420-8
Project Title Ref # Description
DIF Dollar Amount
(Per Master Facilities
Plan)
Engineer's
Estimated Costs for
Applicable
component of DIF
Line Item
Notes
West Preserve Loop -
Pine/Legacy Park
TR-111 /
ST083 Reach 83- Pine to Market $ 449,478
West Preserve Loop -
Pine/Legacy Park
TR-111 /
ST063 Reach 63 - Market to Legacy $ 1,263,926
Market Street - West
Preserve Loop /Hellman
TR-101 /
ST051 Reach 51 - West Preserve Loop to Main $ 882,350
Legacy Park - NS Chino -
Corona/Hellman )
TR-101 /
ST054 Reach 54 - West Preserve Loop to Main $ 1,094,542 West Preserve Loop - Pine INT -033 Signal- West Preserve Loop & Pine $ 450,000 Subtotal Streets: $ - $ 4,140,296
Market St SD094 West Preserve Loop to Main $ 810,509
West Preserve Loop SD095 South of Market $ 1,083,277
West Preserve Loop SD096 North of Legacy Park St $ 77,934 Portion of SD Segment Subtotal Storm Drainage Collection: $ - $ 1,971,719
West Preserve Loop DW054 Pine to Market $ 147,583
West Preserve Loop DW058 Market to Legacy $ 415,000
Market St DW061 West Preserve Loop to Main $ 289,713
Legacy Park St DW064 West Preserve Loop to Main $ 359,384 Subtotal Water: $ - $ 1,211,680
West Preserve Loop RW090 Pine to Market $ 79,046
West Preserve Loop RW075 Market to Legacy $ 222,278
Market St RW101 West Preserve Loop to Main $ 155,173
Legacy Park St RW073 West Preserve Loop to Main $ 192,489 Subtotal Water: $ - $ 648,986
West Preserve Loop S13 Market to Legacy $ 568,801 Portion of Sewer Segment Subtotal Sewer: $ - $ 568,801
Subtotal Misc. Residential Amenities: $ - $ -
$ - $ 8,541,482
Potable Water Generation, Transmission and
Distribution Facilities
Sewer Collection System
Sewer Collection System
Bridges, Signals and Thoroughfares
Recycled Water Generation, Transmission and
Distribution Facilities
Potable Water Generation, Transmission and
Distribution Facilities
Potable Water Generation, Transmission and
Distribution Facilities
Recycled Water Generation, Transmission and
Distribution Facilities

STORM DRAIN
Potable Water Generation, Transmission and
Distribution Facilities
Water
Storm Drainage Collection System
Storm Drainage Collection System
Storm Drainage Collection System
Exhibit C - DIF Eligible Projects
DIF Category

STREETS
Bridges, Signals and Thoroughfares
Bridges, Signals and Thoroughfares
Bridges, Signals and Thoroughfares
Bridges, Signals and Thoroughfares

ESTIMATED TOTAL
Misc. Residential Amenities
Recycle Water
Recycled Water Generation, Transmission and
Distribution Facilities
Recycled Water Generation, Transmission and
Distribution Facilities
339
D-1

EXHIBIT D
ADDENDUM NO. 1
(Assignment of Credit)
 Contract No.:
 Assignor: Chino Preserve Development Corporation
 Project Name: Tract Map No 16420-8
 DIF Credit and Reimbursement Summary:

Actual Costs Credits Applied Balance
Circulation DIF $
Water DIF $
Sewer DIF $
Storm Drain DIF $
Balance Credits Assigned Balance Forward
Assigned Credit Circulation DIF
Assigned Credit Water DIF
Assigned Credit Sewer DIF
Assigned Credit Storm Drain DIF
Chino Preserve Development Corporation is hereby transferring DIF Credit in the amount of $<<>> to:
 Assignee:
 Credit Transfer Amount: $
 Remaining Credit: $
“Any transfer or assignment of credits or reimbursement rights acknowledged in this Addendum shall be made in accordance with City procedures, on a form approved by and acknowledged by the City. All parties to this Addendum agree that City will have no obligation to recognize or honor an assignment or transfer that does not comply with the terms of this Addendum.” [SIGNATURES ON FOLLOWING PAGE]
340
D-2
ASSIGNEE: CHINO PRESERVE DEVELOPMENT
CORPORATION:

Signature, Title Signature, Title
Date: Date:

CITY OF CHINO ACKNOWLEDGEMENT:

Signature, Title
Date:
341
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346

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT
CITY COUNCIL MEETING DATE: OCTOBER 6, 2026
TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS

SUBJECT
..titl e
Partial Acceptance of Public Improvements associated with Tract Map No. 20312-1 (Storm Drain Line C), generally located south of the Southern California Edison easement, west of East Preserve Loop, and north of Pine Avenue.
..end

RECOMMENDATION
1) Approve the Partial Acceptance of Public Improvements associated with Tract Map No. 20312-1, specifically Storm Drain Line C, as complete; 2) initiate the warranty period; 3) and authorize the City Manager to execute all necessary documents on behalf of the City. ..body

FISCAL IMPACT
There are sufficient funds included in the City’s Operating Budget to support the ongoing maintenance activities associated with the storm drain improvements being accepted.

The developer received Development Impact Fee (DIF) credits based on the approved Engineer’s Cost Estimate for Storm Drain Line C. Following reconciliation of the actual eligible improvement costs, staff will return to the City Council at a subsequent meeting for consideration of the final true-up, including any necessary adjustment to the DIF credits and/or reimbursement owed to the developer.

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

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 347
CITY COUNCIL MEETING DATE: OCTOBER 6, 2026
TITLE: PARTIAL ACCEPTANCE OF PUBLIC IMPROVEMENTS ASSOCIATED WITH TRACT MAP NO. 20312-1 (STORM DRAIN LINE C), GENERALLY LOCATED SOUTH OF THE

SOUTHERN CALIFORNIA EDISON EASEMENT, WEST OF EAST PRESERVE LOOP, AND NORTH OF PINE AVENUE.

PAGE: 2

BACKGROUND
On May 17, 2021, the Planning Commission approved an “A” Level Master Site Approval (MSA) and Tentative Tract Map No. 20312 for Falloncrest Town Square. The “A” Level MSA established the overall development framework for the approximately 100.8-acre master plan area, including the general land uses, circulation, and development pattern. Tentative Tract Map No. 20312 established the subdivision framework for the property, consisting of 10 numbered lots and six lettered lots intended to accommodate the future development of retail, commercial, office, residential, mixed-use, and park uses. The Falloncrest Town Square master plan area is generally located south of the Southern California Edison (SCE) Easement, west of East Preserve Loop, east of West Preserve Loop, and north of Pine Avenue.

In 2021, Tri Pointe Homes Holdings, Inc. acquired approximately 23.6 acres within the Falloncrest Town Square master plan area. On October 17, 2022, the Planning Commission conditionally approved a “B” Level MSA and Site Approval (SA) for Tri Pointe’s portion of the project. Building upon the broader framework established by the “A” Level MSA, the “B” Level MSA and SA established the detailed development plan for the property, including 188 attached residential units on approximately 10.9 acres, a 9.9-acre public park, and a 0.4-acre pocket park within the High Density Residential 20 (HDR 20) land use designation. The project area is generally located south of the SCE Easement, west of East Preserve Loop, east of Linden Lane, and north of Pine Avenue (Exhibit A).

Following approval of the “B” Level MSA and SA, Tri Pointe processed Tract Map No. 20312-1 as a phased final map, commonly referred to as a “dash map,” under Tentative Tract Map No. 20312. Tract Map No. 20312-1 implemented the subdivision of this phase of the larger Falloncrest Town Square development and established the lots, easements, and rights-of-way necessary to support development of the property.

As part of the Engineering Conditions of Approval for the “B” Level MSA and SA, Tri Pointe was required to design and construct the public improvements necessary to support the development, including curb, gutter, street, storm drain, domestic and recycled water, sewer, and related improvements within and along Bickmore Avenue, Linden Lane, and Pine Avenue.

These required improvements included the construction of Storm Drain Line C. All costs associated with the design and construction of the required public improvements are the responsibility of the developer.

To ensure completion of the required public improvements, Tri Pointe executed a Subdivision Improvement Agreement (SIA) and posted the required securities in connection with Tract Map No. 20312-1. The SIA and associated securities were approved by the City Council on June 20, 2023 (Exhibit B).

Storm Drain Line C has been completed and is being presented for partial acceptance independently from the remaining public improvements associated with Tract Map No. 20312-1.

Line C functions as a regional storm drain facility that extends beyond the limits of Tract Map No. 20312-1 and provides drainage service to multiple developments, including Tract Map No. 20369 (KB Home), all three phases of the Falloncrest development, and Tract Map No. 19055, located west of East Preserve Loop. Given that Line C is complete and currently serves multiple developments, staff recommend proceeding with its partial acceptance rather than delaying acceptance until completion of the remaining public improvements associated with Tract Map No. 20312-1.
348
CITY COUNCIL MEETING DATE: OCTOBER 6, 2026
TITLE: PARTIAL ACCEPTANCE OF PUBLIC IMPROVEMENTS ASSOCIATED WITH TRACT MAP NO. 20312-1 (STORM DRAIN LINE C), GENERALLY LOCATED SOUTH OF THE

SOUTHERN CALIFORNIA EDISON EASEMENT, WEST OF EAST PRESERVE LOOP, AND NORTH OF PINE AVENUE.

PAGE: 3

ISSUES/ANALYSIS
The public improvement being presented for final acceptance by the City is Storm Drain Line C, as depicted in Exhibit C. The improvement has been completed in accordance with the City’s approved plans, standards, and specifications and to the satisfaction of the Public Works Inspector. All costs associated with the public improvements required as part of the Conditions of Approval for the project were fully funded by the developer.

Security for the required one-year warranty period has been submitted to the City. During the warranty period, the developer will remain responsible for correcting any defects identified within one year following the City Council’s acceptance of Storm Drain Line C. Upon final acceptance, Storm Drain Line C will become the property of the City, and the City will assume responsibility for its ongoing operation and maintenance.

Additionally, Storm Drain Line C is an eligible improvement under the City’s Development Impact Fee (DIF) program. The developer will provide the City with the required supporting documentation for all eligible costs associated with the construction of Storm Drain Line C. City staff will review and reconcile the documentation to determine the final eligible improvement costs. Following completion of the cost reconciliation, staff will return to the City Council at a subsequent meeting for consideration of the final DIF true-up, including any necessary adjustment to DIF credits and/or reimbursement due to the developer.

Accessibility
The final acceptance of Storm Drain Line C does not include improvements to pedestrian facilities or other areas subject to accessibility requirements. Therefore, there are no accessibility impacts associated with this action.

Attachments:

Exhibit A – Vicinity Map
Exhibit B – Fully Executed Subdivision Improvement Agreement Exhibit C – Public Improvements Atlas
349

BICKMORE AVENUE

EAST PRESERVE LOOP LINDEN LANE

PINE AVENUE

CURRANT LANE PLUMERIA LANE SPICEBUSH LANE

SNAPDRAGON LANE ALLEY SPICEBUSH LANE

MILK THISTLE LANE ALLEY

MIDWAY LANE

BISON DRIVE

ALAMO COURT

COCHISE COURT

ALAMO COURT

COUGAR COURT
HAVASU

STREETBARDWELL WAY BARDWELL WAY GORGONIO WAY GORGONIO WAY JACINTO DRIVE EAST PRESERVE LOOP LOT 2
LOT 3 LOT 4
LOT 1 LOT A
LOT B
LOT E

LOT C LOT D

BICKMORE AVE

PINE AVENUE
SHEET 1 OF 1
EXHIBIT "A"
SCALE : 1"=200'

UNITED CIVIL INC
30141 Agoura Road, Suite 215
Agoura Hills, CA 91301
PH: (818) 707-8648
TRACT NO. 20312-1
DATE: May 8, 2023 350
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DocuSign Envelope ID: EA592816- CBB8- 407A-81CC-BA66F6DA1032 377
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Exhibit A - Vicinity Map City
of
Chino
Line C
Proposed Storm Drain
N
_
Tract No.
20312-1
_
0 0.15 0.3 Miles
Legend
Line C
Existing Storm Drain
New Storm Drain to be
Accepted
Tract No. 20312-1
Pine Ave W Preserve Loop
E Preserve Loop
Mill Creek Ave
Kimball Ave
433

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT
CITY COUNCIL MEETING DATE: OCTOBER 6, 2026
TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS

SUBJECT
..titl e
National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement with San Bernardino County Flood Control District.
..end

RECOMMENDATION
Approve the National Pollutant Elimination System Stormwater Permit Implementation Agreement between the City of Chino and the San Bernardino County Flood Control District and authorize the City Manager to execute the necessary documents on behalf of the City. ..body

FISCAL IMPACT
The cost share for the member agencies of the Area-Wide San Bernardino County Stormwater Program is calculated using a formula based on an equal share allocation, population, and land area. The resulting cost share percentage is then applied to four program budget categories:

Monitoring, Public Education, Program Management, and Training.

Sufficient funds are budgeted in the FY2026-27 Adopted Budget in the Storm Drain Program.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Financial Stability
 Responsible Long-Range Planning
 Public Service Excellence through Internal and External Partnerships Revenue: Expenditure: 5407370-43650
Transfer In: Transfer Out:
434
CITY COUNCIL MEETING DATE: OCTOBER 6, 2026
TITLE: NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM STORMWATER

PERMIT IMPLEMENTATION AGREEMENT WITH SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT.

PAGE: 2

BACKGROUND
The Santa Ana Regional Water Quality Control Board (Region 8) regulates stormwater and urban runoff discharges under the provisions of the federal Clean Water Act via National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) permits. Historically, the Regional Water Board issued separate, individual MS4 permits for the urbanized portions of Orange, Riverside, and San Bernardino counties. The Regional Water Board has shifted its regulatory framework to adopt a single, unified regional MS4 permit (Tentative Order No. R8-2026-0034) covering municipal jurisdictions across the Santa Ana River watershed, including San Bernardino County and its incorporated cities. Under this upcoming regional permit structure, co-permittees are legally required to cooperate, coordinate compliance measures, and define administrative roles and responsibilities to implement the mandated stormwater programs effectively.

To satisfy these regulatory coordination requirements, the incorporated cities within San Bernardino County, alongside the County and the San Bernardino County Flood Control District, must enter into a formal Implementation Agreement. The agreement outlines the cooperative framework, cost-sharing mechanisms for joint studies, data collection, monitoring programs, and administrative protocols required to manage regional compliance under the new Region 8 MS4 Permit.

ISSUES/ANALYSIS
The National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement has a few key considerations:
1) Inter-Agency Coordination and Governance: The Implementation Agreement establishes clear structural protocols for how the co-permittees will collaborate. Since stormwater flows across municipal boundaries, a unified approach is necessary to manage monitoring data, public education programs, and regional compliance reporting required by the Santa Ana Water Board.
2) Cost-Sharing and Administrative Responsibilities: Implementing the updated MS4 permit mandates extensive monitoring, structural and non-structural best management practices (BMPs), trash control provisions, and industrial/commercial inspection programs. The agreement provides the framework to allocate shared responsibilities equitably, minimizing duplication of effort and administrative overhead among the participating cities and the County. 3) Legal and Regulatory Protection: Executing the Implementation Agreement is a procedural prerequisite mandated by the regulatory framework.

Failure of co-permittees to execute a binding implementation framework can expose individual cities to heightened regulatory enforcement, third-party lawsuits, and non-compliance penalties from the Regional Water Board. By entering into this agreement, the City of Chino aligns itself with a united regional defense and coordinated compliance posture, ensuring responsible longrange planning and public service excellence through robust external partnerships.

Therefore, City staff recommends that the City Council approve the National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement with the San Bernardino County Flood Control District.
435
CITY COUNCIL MEETING DATE: OCTOBER 6, 2026
TITLE: NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM STORMWATER

PERMIT IMPLEMENTATION AGREEMENT WITH SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT.

PAGE: 3
Attachment: National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement
436
1 1 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
2 STORMWATER PERMIT IMPLEMENTATION AGREEMENT
3 SANTA ANA REGION
4 5
6 This AGREEMENT entered into as of this [DATE] by San Bernardino County, (herein called 7 the COUNTY), the San Bernardino County Flood Control District (herein called the DISTRICT), 8 and the Cities of Big Bear Lake, Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, 9 Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, 10 and Yucaipa (herein called the CITIES) establishes the responsibilities of each party with respect 11 to compliance with National Pollutant Discharge Elimination System (NPDES) Stormwater 12 regulations administered by the California Regional Water Quality Control Board, Santa Ana 13 Region (SARWQCB) by the authority granted by the federal Clean Water Act (CWA) and its 14 1987 amendments and the Water Quality Act (WQA).
15 16 RECITALS
17 18 WHEREAS, Congress in 1987 amended Section 402 of the Federal Clean Water Act (33 19 U.S.C.A. 1342 (p)) to require the federal Environmental Protection Agency (EPA) to promulgate 20 regulations for applications for permits for stormwater discharges; and 21 22 WHEREAS, these permit regulations require the control of pollutants from stormwater 23 discharges by requiring a National Pollutant Discharge Elimination System (NPDES) Permit for 24 the discharge of stormwaters into waters of the United States; and 25 26 WHEREAS, these EPA regulations require NPDES permits for discharges from municipal 27 separate storm sewer systems (MS4 Permit) on a system-wide or jurisdiction-wide basis; and 28 29 WHEREAS, the State Legislature, in enacting the San Bernardino County Flood Control Act, 30 created the San Bernardino County Flood Control District to provide for the control of flood and 31 storm waters; and
32 33 WHEREAS, the Powers granted to the DISTRICT by the San Bernardino County Flood 34 Control Act include carrying on technical and other investigations, examinations, or tests of all 35 kinds, making measurements, collecting data, and making analyses, studies, and inspections 36 pertaining to water supply, control of floods, use of water, water quality, nuisance, pollution, 37 waste, and contamination of water both within and without the DISTRICT; and 38 39 WHEREAS, the CITIES, the COUNTY, and the DISTRICT desire to develop and implement 40 an integrated stormwater discharge management program with the objective of improving water 41 quality in the Santa Ana Watershed portion of San Bernardino County; and 42 43 WHEREAS, the California State Water Resources Control Board (SWRCB) as designee of the 44 EPA has delegated authority to the Regional Water Quality Control Board – Santa Ana Region 45 (SARWQCB) for administration of the MS4 Permit program and issuance of MS4 Permits 46 within the boundaries of their Region; and
437
2 47
48 WHEREAS, the DISTRICT, COUNTY, and CITIES have been designated as joint permittees 49 (Permittees) by the SARWQCB for the MS4 Permit issued to the County of San Bernardino; and 50 51 WHEREAS, the DISTRICT has been designated as the Principal Permittee in the MS4 Permit; 52 and
53 54 WHEREAS, the COUNTY and the CITIES have been designated as the Co-permittees in the 55 MS4 Permit; and
56 57 WHEREAS, cooperation between the CITIES, the COUNTY, and the DISTRICT to jointly file 58 an application for the MS4 Permit is in the best interest of the CITIES, the COUNTY, and the 59 DISTRICT; and
60 61 WHEREAS, the Permittees shall establish and maintain a Management Committee to 62 coordinate compliance with MS4 Permit requirements and implement a Stormwater Management 63 Program across all jurisdictions covered by this MS4 Permit; and 64 65 NOW THEREFORE, the parties hereto do mutually agree as follows:
66 67 I. Filing Status. The COUNTY, DISTRICT, and CITIES will jointly file (unless directed to 68 proceed separately by the SARWQCB) the application for an area-wide storm water 69 permit. The COUNTY, the DISTRICT, and each individual CITY will be a Permittee. 70 71 II. Management Committee. The DISTRICT, as Principal Permittee, and COUNTY and 72 CITIES, as Co-permittees, shall support and facilitate compliance with area-wide MS4 73 Permit requirements and implementation of the Stormwater Management Program 74 through the workings of the Management Committee. The responsibilities and structure 75 of this committee shall include:
76 77 A. The purpose of the Management Committee shall be to develop policies, 78 (including goals, needs, and priorities) budgets, and implementation 79 strategies and plans for the area-wide Stormwater Management Program 80 to ensure compliance with the MS4 Permit. The Management Committee 81 shall evaluate implementation options and strategies and recommend 82 implementation actions to the DISTRICT.
83 84 B. Each Permittee shall designate in writing at least one authorized 85 representative and one alternate to participate on the Management 86 Committee. Management Committee designees and alternates shall be 87 authorized by their respective city council or governing board to cast votes 88 on behalf of their jurisdiction to determine Stormwater Management 89 Program budgets and all other program elements required to implement 90 the areawide Municipal Stormwater Management Plan (MSWMP). 91 438
3 92 C. The Principal Permittee shall serve as the chairperson of the Management 93 Committee.
94 95 D. The Management Committee shall meet at the frequency required by the 96 MS4 Permit or on a quarterly basis.
97 98 E. Ten (10) authorized representatives present in person at a scheduled 99 meeting constitute a quorum for the transaction of business of the 100 Management Committee. If a quorum is not present at a scheduled 101 Management Committee meeting, less than a quorum may adjourn the 102 meeting. For all Management Committee actions other than approval of 103 the budget as set forth in Section VII.C.1. of this AGREEMENT, a 104 majority vote of the quorum shall decide any question brought before the 105 Management Committee for decision.
106
107 F. The Management Committee shall support Stormwater Management 108 Program implementation by providing guidance to the Principal Permittee 109 with respect to stormwater program administration and approving 110 elements of the area-wide MSWMP.
111
112 G. The Management Committee may establish subcommittees to support the 113 work of the Management Committee. Subcommittees shall include 114 interested members of the Management Committee, and/or other Permittee 115 staff with necessary expertise. Subcommittees may develop 116 recommendations for Management Committee consideration. Such 117 recommendations require majority approval by members of the 118 subcommittee on a one vote per Permittee basis.
119
120 H. Approval of Management Committee decisions will require a majority 121 vote of the authorized representatives or alternates in attendance, on a one 122 vote per Permittee basis. In the event that the Management Committee 123 does not approve a subcommittee recommendation, the item will be 124 directed back to the subcommittee for reconsideration. 125
126 I. All parties to this AGREEMENT achieve cost savings by working 127 collectively to implement the areawide stormwater program. To maximize 128 these cost savings, the Permittees agree that:
129
130 1. Each authorized representative shall actively participate in 131 Management Committee meetings;
132
133 2. Each Permittee shall actively participate in at least one 134 subcommittee, either through the authorized representative or other 135 authorized designee. Participation will be defined as attendance at 136 fifty percent (50%) or more of subcommittee meetings held in a 137 given fiscal year.
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4 138
139 III. Principal Permittee Responsibilities.
140
141 The DISTRICT, acting through its Board of Supervisors, is the Stormwater Program 142 Administrator for purposes of this AGREEMENT. The DISTRICT shall have administrative 143 responsibilities and shall be reimbursed for its time expended on behalf of the Stormwater 144 Program. These rates include actual hourly rate including fringe benefits plus any other direct 145 cost(s). Materials are to be reimbursed at direct cost. 146
147 The DISTRICT, while acting as administrator, will strive to implement the policies, budget, and 148 required program elements according to the recommendations of the Management Committee. 149 In turn, the Management Committee will work in good faith with the DISTRICT to make 150 reasonable policy, budget and required program element recommendations to the 151 DISTRICT. The Parties recognize and acknowledge, however, that the DISTRICT, as governed 152 by the San Bernardino County Flood Control District Board of Supervisors, retains final 153 authority regarding the nature and manner in which the recommendations of the Management 154 Committee shall be executed.
155
156 In the event that the DISTRICT proposes to implement an approach different than the one 157 recommended by the Management Committee, the DISTRICT's proposed alternative action shall 158 be communicated to the Management Committee at the next available meeting of the 159 Management Committee. If the Management Committee approves the alternative action, then 160 the cost sharing provisions of this AGREEMENT shall govern the allocation of any costs 161 associated with that alternative action. If, in good faith, the Management Committee does not 162 approve the alternative action, the DISTRICT may implement the alternative action, but the 163 DISTRICT shall be solely responsible for paying the increased costs, if any, resulting from the 164 alternative action. This increased cost shall be measured by the difference between the cost of 165 the alternative action and the estimated cost of the action as reasonably recommended by the 166 Management Committee.
167
168 If the DISTRICT’S proposed alternative implementation action involves an increase in program 169 costs, that alternative implementation action shall not be adopted until such time as each 170 authorized representative of the Management Committee has had 45 days to relay that alternative 171 implementation action to its various governing bodies for approval. CITIES and COUNTY shall 172 have no responsibility for the incremental increase in cost associated with an alternative action 173 that is not approved by the Management Committee after 45 days has passed with the governing 174 bodies failing to approve the alternative implementation action. 175
176 The DISTRICT will act as the contracting party, on behalf of the Co-permittees for Stormwater 177 Management Program contracts and agreements with all consultants, contractors, vendors or 178 other entities as recommended by the Management Committee. 179
180 The DISTRICT, if recommended by the Management Committee, may act on behalf of the Co181 permittees as applicant in preparing and submitting grant proposals, and may act as administrator 182 for any awarded grant funds.
183
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5 184 The DISTRICT, if recommended by the Management Committee, will act on behalf of the 185 Stormwater Program as the contracting party and signatory in joint agreements with other 186 municipal stormwater programs and stakeholders for regional benefits and cooperation. 187
188 As the Principal Permittee under the MS4 Permit, the DISTRICT shall coordinate all area-wide 189 MS4 Permit activities and manage the Stormwater Management Program by:
190
191 A. Conducting chemical, biological and bacteriological water quality 192 monitoring on behalf of the areawide program as required by the MS4 193 Permit.
194
195 B. Implementing management programs, monitoring programs, and related 196 plans as required by the MS4 Permit.
197
198 C. Preparing and submitting to the Executive Officer (SARWQCB) unified 199 reports, plans, and programs necessary to comply with the MS4 Permit. 200
201 D. Coordinating and conducting Management Committee meetings as 202 specified in the MSWMP.
203
204 E. Taking the lead role in initiating and developing area-wide programs and 205 activities necessary to comply with the MS4 Permit. 206
207 F. Participating, as needed, in any subcommittees formed to facilitate MS4 208 Permit requirements.
209
210 G. Providing technical and administrative support and inform the Co211 permittees of the progress of other pertinent municipal programs, pilot 212 projects, research studies, and other information to facilitate 213 implementation of Co-permittees’ stormwater program. 214
215 H. Coordinating the implementation of area-wide Stormwater Management 216 Program activities such as a monitoring program, public education, and 217 pollution prevention.
218
219 I. Gathering and disseminating information on the progress of statewide 220 municipal stormwater programs and evaluate the information for potential 221 use in the execution of the MS4 Permit.
222
223 J. Monitoring the implementation of the plans and programs required by the 224 MS4 Permit and determine their effectiveness in attaining water quality 225 standards.
226
227 K. Coordinating with SARWQCB activities pertaining to implementation of 228 the MS4 Permit, including the submittal of all required reports, plans, and 229 programs.
441
6 230
231 L. Soliciting and coordinating public input for any major proposed 232 stormwater management programs and implementation plans. 233
234 M. Developing and implementing mechanisms, performance standards, etc., 235 to promote consistent implementation of Best Management Practices 236 among the Permittees.
237
238 N. Cooperating in watershed management programs and regional and/or 239 statewide monitoring programs.
240
241 IV. Co-permittee Responsibilities. The Co-permittees shall support the Principal Permittee 242 by:
243
244 A. Preparing and submitting to the Principal Permittee in a timely manner 245 all required information necessary to comply with permit reporting 246 requirements. Timely completion of Permittee annual report information 247 is considered meeting the deadline if received on or before September 15th 248 of each reporting year.
249 B. Notifying the Principal Permittee immediately, in writing, of any 250 changes to the designated representative to the Management Committee. 251 C. Reviewing and commenting on all plans, strategies, management 252 programs, and monitoring programs, as developed by the Principal 253 Permittee or a subcommittee of the Management Committee. 254 D. Conducting and/or coordinating with the Principal Permittee on any 255 surveys or characterizations needed to identify pollutant sources from 256 specific drainage areas.
257
258 V. Compliance Responsibilities. The DISTRICT, COUNTY and CITIES are individually 259 responsible for implementing all MS4 Permit requirements within their respective 260 jurisdictions. The Management Committee does not assume any responsibility for 261 implementing the Stormwater Management Programs for the Principal Permittee or any 262 other Permittee or for ensuring that the Principal Permittee or the Co-permittees 263 implement programs consistent with the recommendations of the Management 264 Committee.
265
266 VI. Indemnification and Insurance. Each party shall indemnify, defend, and hold harmless 267 the other parties to this AGREEMENT from and against any and all liability and expense 268 arising from any act or omission of the indemnifying party, its authorized officers, 269 employees, agents, and volunteers in connection with the performance of this 270 AGREEMENT, including, but not limited to reasonable defense costs, reasonable legal 271 fees, claims, actions, damages, liability, and causes of action for damages of any nature 272 whatsoever; provided, however, that no party shall indemnify another party for that 273 party’s own negligence or willful misconduct.
442
7 274
275 In the event a party, or parties, to this AGREEMENT is/are found to be comparatively at 276 fault for any claim, action, loss or damage which results from their respective obligations 277 under this AGREEMENT, the party, or parties shall indemnify the other party/parties to 278 the extent of its/their comparative fault. Furthermore, if a party attempts to seek recovery 279 from the other for Workers’ Compensation benefits paid to an employee, the parties agree 280 that any alleged negligence of the employee shall not be construed against the employer 281 of that employee.
282
283 The parties to this AGREEMENT are authorized self-insured public entities for purposes 284 of Professional Liability, Automobile Liability, General Liability, and Workers’ 285 Compensation and warrant that through their programs of self-insurance, they have 286 adequate coverage or resources to protect against liabilities arising out of their 287 performance under this AGREEMENT.
288
289 VII. Program Costs. The responsibilities for payment of all shared costs of equipment, 290 services, contracted analytical services, and the cost of implementing the MS4 Permit, 291 shall be distributed among the DISTRICT, COUNTY, and CITIES as follows:
292
293 A. The DISTRICT shall contribute 5% of the annual Program Costs; the 294 other Permittees shall be responsible for the remaining 95% of the 295 Program Costs.
296
297 B. The annual budget shall separate program costs into four Program Areas:
298
299 1. Monitoring, which shall include any water quality and 300 hydrographic monitoring and laboratory analyses.
301
302 2. Public Education, which shall include all public outreach programs. 303
304 3. Program Management & Regulatory Activities, which includes 305 administrative, reporting and regulatory activities. 306
307 4. Training, which addresses any training conducted to implement the 308 stormwater management program.
309
310 C. The Principal Permittee shall prepare and implement an annual operating 311 budget with the participation of the Permittees. The budget year shall 312 coincide with the fiscal year of the DISTRICT, July 1 – June 30. 313
314 1. The Principal Permittee will forward the annual operating budget 315 for the forthcoming year to the Co-permittees for review and 316 approval. The review period shall be from the first business day of 317 November to the first business day of December of each year. 318 During the review period, the Co-permittees may provide written 319 comments on the budget to the Principal Permittee. The Fiscal 443
8 320 Subcommittee will review the comments on the budget and 321 endorse a draft budget for Management Committee approval. The 322 Management Committee will consider the draft budget for 323 approval at the January meeting. An affirmative response from a 324 majority of the total number of authorized representatives or 325 authorized alternates is required for approval.
326
327 D. For Fiscal Year 2025/26, the Permittees cost share shall be as follows:

PERMITTEE PERCENTAGE SHARE
Big Bear Lake 1.63
Chino 4.93
Chino Hills 5.22
Colton 3.43
Fontana 9.49
Grand Terrace 1.66
Highland 3.62
Loma Linda 2.31
Montclair 2.43
Ontario 9.00
Rancho Cucamonga 8.35
Redlands 5.12
Rialto 5.33
San Bernardino 10.60
Upland 4.14
Yucaipa 4.19
County 13.54
District 5.00
TOTAL 100
328
329 E. For Fiscal Year 2026/27, and all subsequent fiscal years the Permittees 330 cost share shall be determined annually according to the methodology 331 provided in Appendix A.
332 F. For Fiscal Year 2026/27, and all subsequent fiscal years, the Permittees 333 annual cost share shall be calculated by November 1 of each year and shall 334 be included in the annual budget proposal.
444
9 335 G. The DISTRICT shall invoice each CITY and the COUNTY for its annual 336 deposit after July 1, the start of the fiscal year. Each CITY and the 337 COUNTY shall pay the deposit within 60 days of the date of the invoice. 338 Each CITY’s and the COUNTY’s deposit shall be based on their prorated 339 share of the approved annual budget, reduced for any surplus identified in 340 the prior fiscal year-end accounting.
341 H. The DISTRICT shall make reasonable efforts to inform the Management 342 Committee during the fiscal year of potential exceedances of the approved 343 budget that may require the Parties to increase the deposits. If at any time 344 during a fiscal year the program costs exceed the sum of the deposits, the 345 DISTRICT shall submit invoices to the CITIES and the COUNTY to 346 recover the deficit. The share for each CITY and the COUNTY shall be 347 prorated according to the formula above (see Paragraphs D and E of this 348 Section). Each CITY and COUNTY shall pay the invoice within 60 days 349 of the billing date.
350
351 I. The DISTRICT shall prepare a fiscal year end accounting at the end of 352 each fiscal year and distribute copies to the Permittees for their review by 353 October 31 of that year. Permittees shall have 30 calendar days from the 354 date of their receipt of the fiscal year end accounting to dispute in writing 355 or concur with the findings. If the fiscal year end accounting results in 356 costs exceeding the sum of the deposits (including interest earnings), the 357 DISTRICT shall invoice each CITY and the COUNTY for its prorated 358 share of the excess cost. Each CITY and the COUNTY shall pay the 359 billing within 60 days of the date of the invoice. If the fiscal year end 360 accounting results in the sum of the deposits (including interest earnings) 361 exceeding costs, the excess deposits will carry forward to reduce the 362 billings for the following year.
363
364 J. Upon termination of the program, a final accounting shall be performed by 365 the DISTRICT. If costs exceed the sum of the deposits (including interest 366 earnings), the DISTRICT shall invoice each CITY and the COUNTY for 367 its prorated share of the excess. Each CITY and the COUNTY shall pay 368 the invoice within 60 days of the date of the invoice. If the sum of the 369 deposits (including interest earnings) exceeds the costs, the DISTRICT 370 shall reimburse to each CITY and the COUNTY its prorated share of the 371 excess (including any interest earnings remaining), within 30 days of the 372 final accounting.
373
374 K. Each CITY and the COUNTY shall bear the financial responsibility for 375 implementing the program within its jurisdictional boundaries, including 376 any applicable MS4 permit fees, as outlined in Section V. 377
445
10 378 L. The annual administrative costs (includes actual hourly rate including 379 fringe benefits plus any other direct cost) incurred by the DISTRICT shall 380 be included in the budget for the Areawide Program Costs and paid 381 according to this Section, Section III and Appendix A. 382
383 M. The financial responsibility for this AGREEMENT will be effective on the 384 date this AGREEMENT takes effect.
385
386 VIII. Term of the AGREEMENT. The term of the AGREEMENT coincides with the current 387 MS4 Permit (Order No. R8-2010-0036) and subsequent MS4 Permits that list the 388 DISTRICT, COUNTY, and the CITIES as Permittees. This AGREEMENT shall take 389 effect on the date it is approved by all parties. This AGREEMENT shall terminate upon 390 the effective date of a new implementation agreement approved by all parties which will 391 supersede this AGREEMENT.
392
393 IX. Additional Parties. Any city or other entity which wishes to be a Permittee on the San 394 Bernardino County MS4 Permit that was issued by SARWQCB shall agree to the 395 provisions in this funding agreement and shall sign this AGREEMENT prior to being 396 included in the permit. The date of initiation, for determining participant costs for any 397 new Permittee shall be the date of inclusion in the San Bernardino County MS4 Permit 398 issued by SARWQCB. The cost for adding any additional Permittee to the program, 399 including additional permit and processing fees, shall be paid by the added Permittee. 400 Monies, if any, to be reimbursed to the existing Permittees shall be credited to their 401 respective annual program operating fees for the following budget year. 402
403 X. Withdrawal from the AGREEMENT. A Permittee may withdraw from this 404 AGREEMENT at the end of any fiscal year with written notice being received by the 405 DISTRICT 1 year prior to the end of the fiscal year. A withdrawing Permittee will not be 406 allowed refunds for tasks, projects or studies already underway in which funds have been 407 obligated for the fiscal year.
408
409 The withdrawing Permittee shall be responsible for all assessed penalties as a 410 consequence of withdrawal. The cost allocations to the remaining members will be 411 calculated in the following budget year.
412
413 XI. Breach. Failure to comply with the terms of this AGREEMENT is a breach of the 414 agreement. If a breach is not cured within ninety (90) days after receiving a notice to 415 cure the breach by a permittee, permittee in breach may be terminated from this 416 AGREEMENT by a majority vote of the Management Committee. 417
418 XII. Non-compliance with MS4 Permit Requirements. Any Permittee found in non419 compliance with the conditions of the MS4 Permit within their jurisdictional 420 responsibilities shall be solely liable for any assessed penalties, pursuant to Section 421 13385 of the Water Code. Penalties that apply to all the Permittees shall be assessed 422 according to the formula in Appendix A.
423
446
11 424 XIII. Legal Action/Costs/Attorney Fees. Where any legal action is necessary to declare any 425 party’s rights hereunder or enforce any provision hereof for any damages by reason of an 426 alleged breach of any provisions of this AGREEMENT, each party shall bear its own 427 attorney’s fees and costs incurred in conjunction with such legal action regardless of who 428 is found to be the prevailing party. This section shall not apply to those costs and 429 attorney’s fees arising from any third party legal action against a party hereto and payable 430 under Section VI, Indemnification and Insurance.
431
432 XIV. Amendments to the AGREEMENT. This AGREEMENT may be amended by consent of 433 a three-quarters majority of the Permittees (rounded to the nearest whole number). 434 Amendments to this AGREEMENT may be adopted and executed concurrently, and shall 435 become effective upon its execution by a majority of the Permittees as defined above. 436
437 XV. Authorized Signatories: Each Permittee will determine who will be the authorized 438 signatory. This person shall be authorized to execute the application(s) for MS4 Permit(s) 439 and take all other procedural steps necessary to file the application(s) for MS4 Permits. 440
441 XVI. Notices. All notices shall be deemed duly given if delivered by hand; or five (5) working 442 days after deposit in the U.S. Mail, certified mail, return receipt requested. 443
444 XVII. Governing Law. This AGREEMENT will be governed and construed in accordance with 445 laws of the State of California. If any provision or provisions of this AGREEMENT shall 446 be held to be invalid, illegal or unenforceable, the validity, legality, and enforceability of 447 the remaining provisions shall not in any way be affected or impaired hereby. Any legal 448 action which arises out of or is in any way related to this AGREEMENT shall be brought 449 in the Superior Court of the San Bernardino County. 450
451 XVIII. Consent to Breach not Waiver. No term or provision hereof shall be deemed waived and 452 no breach excused, unless such waiver or consent shall be in writing and signed by any 453 Permittee to have waived or consented. Any consent by any Permittee to, or waiver of, a 454 breach by the other whether expressed or implied, shall not constitute a consent to, 455 waiver of, or excuse for any other different or subsequent breach. 456
457 XIX. Reserved.
458
459 XX. Applicability of Prior Agreements. This document constitutes the entire AGREEMENT 460 between the Permittees with respect to the subject matter; all prior agreements, 461 representation, statements, negotiations, and undertakings are superseded hereby and 462 shall be deemed terminated upon the effective date of this AGREEMENT. 463
464 XXI. Execution of the AGREEMENT. This AGREEMENT may be executed in counterpart 465 and the signed counterparts shall constitute a single instrument. 466
467 XXII. No Separate Entity. This AGREEMENT established a framework for PERMITTEE 468 cooperation on storm water issues. Nothing in this AGREEMENT shall be construed to 469 create an entity separate from the local agencies that join in this cooperative effort. 447
12 470
471 IN WITNESS WHEREOF, the AGREEMENT has been executed as of the day and year first 472 above written.
473
474 PLEASE INSERT YOUR AGENCY’S STANDARD SIGNATURE PAGE. 475
448
13 476 APPENDIX A
477
478 A. The DISTRICT shall pay five percent (5%) of the total annual cost, and the COUNTY 479 and the remaining Co-permittees, collectively, shall pay the remaining ninety-five percent 480 (95%) of the total annual cost pursuant to the formula set forth in Paragraph C, below. 481
482 B. The Permittees total annual cost share is the sum of the individual cost-shares calculated 483 for each Program Cost Area.
484
485 C. The Permittees annual cost share for each Program Cost Area (PCAi) shall be calculated 486 using three cost factors:
487
488 1. Base, which represents the percentage of the program costs equally applied to all 489 Permittees. The base (B) fraction is calculated as follows:
490
491 B = 1/N, where N = number of Permittees
492
493 2. Relative Population, which represents the percentage of the program costs based 494 on the relative population of each Permittee. Relative population (RP) of each 495 Permittee shall be calculated annually from annual population estimates issued by 496 the California Department of Finance (E-1 Table).
497
498 RPi = (Pi/Ptotal), where
499
500 RPi = relative population of Permittee (i)
501 Pi = population of Permittee (i)
502 Ptotal = total population for area covered by the area-wide permit 503
504 3. Relative Land Area, which represents the percentage of the program costs based 505 on the relative land area of each Permittee. Relative Land Area (RLA) shall be 506 calculated as follows:
507
508 a. The calculation of relative land area within each Permittee’s jurisdiction 509 shall exclude land under tribal, state or federal jurisdiction, or any land 510 excluded by the State Water Resources Control Board. Any Permittee 511 seeking to exclude lands under this Section shall specifically request that 512 exclusion from the Principal Permittee by providing the request in writing 513 along with necessary documentation no later than October 1 to be 514 considered for inclusion in the next year’s annual budget. The requesting 515 Permittee has the burden of proving entitlement to any exemption so 516 requested.
517
518 b. The method for calculating relative land area shall be determined from the 519 Assessor’s Parcel data provided by the COUNTY Information Services 520 Department.
521
449
14 522 RLAi = (Li/Ltotal), where
523 RLAi =relative land area of Co-permittee (i)
524 Li = land area of Co-permittee (i), less excluded lands 525 Ltotal = total land area under permit jurisdiction
526
527 D. The Permittee’s cost share for each individual Program Cost Area is based on the relative 528 importance of the cost factors to the Program Cost Area. The cost share calculation for 529 each Program Cost Area is as follows:
530
531 PCAi = [(B * Xi * ABi) + (RPi * Yi * ABi) + (RLAi * Zi * ABi)] 532
533 Where,
534
535 PCAi = Permittee’s cost share for PCAi
536 ABi = Annual budget for PCAi
537
538 B = Base fraction for each Permittee
539 Xi = Percentage apportioned to the base for PCAi
540
541 RPi = Relative population of Permittee(i)
542 Yi = Percentage apportioned to relative population for PCAi 543
544 RLAi = Relative land area of the Permittee(i)
545 Zi = Percentage apportioned to relative land are for PCAi 546
547 E. The Permittee’s total annual cost share shall be calculated by summing the cost shares 548 calculated for each individual Program Cost Area:
549
550 Permittee’s annual cost share = PCA1 + PCA2 + PCA3 + PCA4 551
Table 1. Budget Year [DATE]
Program Cost Areas
(PCAi)
Percent of the Program Cost Area
Apportioned to each Cost Factor
Base
(Xi)
Relative
Populatio
n (Yi)
Relative
Land
Area (Zi)
Monitoring (PCA1) 10% 30% 60%
Public Education (PCA2) 10% 80% 10%
Program Management &
Regulatory Activities
(PCA3)
30% 50% 20%
Training (PCA4) 30% 60% 10%
552
450

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT
CITY COUNCIL MEETING DATE: OCTOBER 6, 2026
TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, DIRECTOR OF PUBLIC WORKS

SUBJECT
..titl e
Conditionally approve a Covenant Agreement to Annex for sanitary sewer service; and authorize a request to the San Bernardino Local Agency Formation Commission (LAFCO) to provide sanitary sewer service to the property located at the southeast corner of Phillips Boulevard and Pipeline Avenue (4103 and 4257 Phillips Blvd.) for the development of 90 singlefamily detached homes within the City of Chino’s Sphere of Influence. ..end

RECOMMENDATION
1) Authorize staff to issue an Ability to Serve Letter for sanitary sewer service to Borstein Enterprises; 2) adopt Resolution No. 2026-063 conditionally approving a Covenant Agreement to Annex for Sanitary Sewer; 3) request approval from the San Bernardino Local Agency Formation Commission for sanitary sewer service for property located at the southeast corner of Phillips Boulevard and Pipeline Avenue (4103 and 4257 Phillips Blvd.) for the development of 90 single-family detached homes within the City of Chino’s Sphere of Influence; and 4) authorize the City Manager to execute all the necessary documents on behalf of the City. ..body

FISCAL IMPACT
There is no direct fiscal impact to the City’s General Fund. All costs associated with utility connections, plan check, and LAFCO processing will be borne by the applicant.

Upon connection to the City’s public sewer system, the property will be subject to applicable one-time connection fees, including the City’s Sewer Development Impact Fee (DIF) and the Inland Empire Utilities Agency (IEUA) Sewage Facilities Development Fee (SFDF).

Following connection, the property owner will also be responsible for ongoing monthly sewer charges, including the City’s Sewer Maintenance Fee and the Wastewater Treatment Fee, which is collected by the City and passed through to IEUA.

The City will be entitled to a volume of wastewater discharge as recycled water consistent with the IEUA’s Equivalent Dwelling Unit (EDU) calculations.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
 Responsible Long-Range Planning
 Positive City Image
451
CITY COUNCIL MEETING DATE: OCTOBER 6, 2026
TITLE: CONDITIONALLY APPROVE A COVENANT AGREEMENT TO ANNEX FOR SANITARY SEWER SERVICE; AND AUTHORIZE A REQUEST TO THE SAN BERNARDINO

LOCAL AGENCY FORMATION COMMISSION (LAFCO) TO PROVIDE SANITARY SEWER

SERVICE TO THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF PHILLIPS BOULEVARD AND PIPELINE AVENUE (4103 AND 4257 PHILLIPS BLVD.) FOR THE DEVELOPMENT OF 90 SINGLE-FAMILY DETACHED HOMES WITHIN THE CITY OF CHINO’S SPHERE OF INFLUENCE.

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CITY COUNCIL MEETING DATE: OCTOBER 6, 2026
TITLE: CONDITIONALLY APPROVE A COVENANT AGREEMENT TO ANNEX FOR SANITARY SEWER SERVICE; AND AUTHORIZE A REQUEST TO THE SAN BERNARDINO

LOCAL AGENCY FORMATION COMMISSION (LAFCO) TO PROVIDE SANITARY SEWER

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BACKGROUND
The subject property, located at 4103 and 4257 Phillips Boulevard at the southeast corner of Phillips Boulevard and Pipeline Avenue, is within the unincorporated area of San Bernardino County and the City of Chino’s Sphere of Influence (SOI), as depicted in Exhibit 1. The property is not contiguous to the City’s boundaries and is currently vacant, except for a small nonhabitable structure. The property has a General Plan land use designation of Residential RD 2, which allows a density of 2 dwelling units per acre.

Borstein Enterprises (“Developer”) is currently seeking entitlement approval from the County of San Bernardino for Tentative Tract Map No. 20849 for the proposed Nerio Farms Estates project. The project consists of 90 single-family detached homes on approximately 23.8 net acres, resulting in a residential density of approximately 4 dwelling units per acre.

The City is the sole provider of sanitary sewer service within its SOI; therefore, the Developer is requesting authorization to extend the City’s public sewer system to serve the project and issuance of an Ability to Serve Sewer Letter for submittal to the County as part of the development application process.

City staff evaluated the request and confirmed that the nearest existing City sewer main is located at the intersection of Norton Avenue and Lexington Avenue, south of Francis Avenue.

To connect the project to the City’s existing sewer system, the Developer would be required to construct new sewer mains along Pipeline Avenue, Maple Street, and Norton Avenue, as depicted in Exhibit C to the Resolution.

It should be noted that the Developer has proposed extending the sewer main farther north along Pipeline Avenue, beyond the limits necessary to serve the project. This additional extension will provide a broader public benefit by making sanitary sewer service available to adjacent properties along the west side of Pipeline Avenue, providing those properties with the opportunity to abandon their existing septic systems and connect to the City’s public sewer system in the future.

The City’s current policy for sewer connections within its SOI is established by City Council Resolution No. 2025-021 (attached to the Resolution as Exhibit D). Consistent with the policy, staff evaluated the subject request and determined that annexation is not feasible at this time.

The property is not contiguous to the City’s boundaries, and establishing logical annexation boundaries would involve several surrounding parcels. Given the number of affected properties and the associated costs, pursuing annexation would be significant and potentially cost prohibitive, with no assurance that an annexation could ultimately be completed.

Additionally, the proposed development is considered a “sizable project” under the City’s current policy. Accordingly, the request was presented to the Infrastructure and Streets Committee in July 2026, prior to staff recommending that the City Council authorize issuance of an Ability to Serve Sewer Letter. The committee supported staff proceeding with the recommendation to the City Council.
453
CITY COUNCIL MEETING DATE: OCTOBER 6, 2026
TITLE: CONDITIONALLY APPROVE A COVENANT AGREEMENT TO ANNEX FOR SANITARY SEWER SERVICE; AND AUTHORIZE A REQUEST TO THE SAN BERNARDINO

LOCAL AGENCY FORMATION COMMISSION (LAFCO) TO PROVIDE SANITARY SEWER

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As part of its evaluation, staff also reviewed a sewer study submitted by the Developer, which demonstrated that adequate downstream capacity is available within the City’s sewer system to accommodate the proposed development.

ISSUES/ANALYSIS
Annexation Feasibility
The San Bernardino County Local Agency Formation Commission (LAFCO) would likely require annexation of a broader area beyond the subject property to establish a logical and cohesive service boundary. However, coordinating such an annexation effort would impose an unreasonable administrative and financial burden on a single property owner. The combined cost of LAFCO application fees, together with associated City, County, and construction-related costs, renders annexation cost-prohibitive for the applicant at this time.

Consistent with the City’s adopted policy, the property owner will instead execute an Irrevocable Agreement to Annex (attached to the Resolution as Exhibit B), which commits the property to annex into the City of Chino at a future date when a broader annexation becomes feasible.

General Plan Consistency and Proposed Density
Although the subject property is designated RD-2, which allows a density of 2 dwelling units per acre, the proposed project would result in a density of approximately 4 dwelling units per acre.

Staff evaluated the proposed density in the context of the surrounding development pattern and adjacent General Plan designations, including properties designated RD-4.5. The surrounding area is characterized by low-density single-family residential development at densities comparable to that proposed by the project.

Based on this evaluation, staff determined that the proposed development is consistent with the intent of the City’s General Plan with respect to the area’s established low-density residential character. This determination is limited to the City’s evaluation of the request for sanitary sewer service under the City’s Sewer Connection Policy and does not constitute approval of the proposed land use or density. The County of San Bernardino remains the land use authority responsible for review and approval of Tentative Tract Map No. 20849.

As a result, staff determined that the proposed development does not require a deviation from the City’s current policy governing sewer connections within the City’s SOI.

Sewer Connection Policy and Recommended Action
Based on staff’s evaluation, the proposed development meets the criteria established under the City’s current Sewer Connection Policy. Staff recommends that the City Council authorize issuance of an Ability to Serve Sewer Letter (attached to the Resolution as Exhibit E), conditionally approve the Covenant Agreement to Annex, and authorize staff to request LAFCO approval to extend sanitary sewer service to the proposed development. These actions will allow the Developer to proceed with the County’s development review process while ensuring compliance with the City’s requirements for providing sewer service within its SOI. 454
CITY COUNCIL MEETING DATE: OCTOBER 6, 2026
TITLE: CONDITIONALLY APPROVE A COVENANT AGREEMENT TO ANNEX FOR SANITARY SEWER SERVICE; AND AUTHORIZE A REQUEST TO THE SAN BERNARDINO

LOCAL AGENCY FORMATION COMMISSION (LAFCO) TO PROVIDE SANITARY SEWER

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Upon adoption of Resolution No. 2026-063, the City Manager will be authorized to execute and submit a LAFCO Application for Extension of Services by Contract (attached as Exhibit A).

Approval of the Irrevocable Agreement to Annex is contingent upon the following:

1. LAFCO approval of the City’s request to extend sanitary sewer service by contract; and

2. Full reimbursement by the applicant for all costs incurred by the City in the preparation, submittal, and processing of the LAFCO application.

The City Manager shall be authorized to execute the Irrevocable Agreement to Annex on behalf of the City only upon receipt of written confirmation from LAFCO that the service extension request has been approved. If LAFCO denies the request, or if the applicant fails to fully reimburse the City, the agreement shall not be executed, and sanitary sewer service shall not be provided.

As previously stated, Tentative Tract Map No. 20849 is currently undergoing entitlement review by the County, and Borstein Enterprises is in the process of acquiring the subject properties from the current property owner. Accordingly, following the close of escrow, the Irrevocable Agreement to Annex will be executed by Borstein Enterprises and/or the affiliated entity that acquires title to the property and will be recorded against the property as a condition of receiving sanitary sewer service from the City
Attachments:

Exhibit 1 – Vicinity Map
Resolution No. 2026-063
Exhibit A - LAFCO Application for Extension of Services by Contract Exhibit B - Irrevocable Agreement to Annex
Exhibit C - Sewer Atlas
Exhibit D - City Sanitary Sewer Policy – Resolution No. 2025-021 Exhibit E - Ability to Serve Letter
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456
RESOLUTION NO. 2026-063

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,

CALIFORNIA, CONDITIONALLY APPROVING A COVENANT

AGREEMENT TO ANNEX FOR SANITARY SEWER SERVICE AND

REQUEST APPROVAL FROM LAFCO (ASSESSOR PARCEL NUMBERS
1013-111-01, 1013-111-02, and 1013-161-01)
WHEREAS, the City of Chino received a request to provide sanitary sewer service to a property outside of its jurisdictional boundaries but within its sphere of influence, located at 4103 and 4257 Phillips Boulevard, Chino, CA 91710 (APN 1013-111-01, 1013-111-02, and 1013-161- 01) (“Property”); and
WHEREAS, pursuant to Resolution No. 2025-021, the City’s policy is to only allow new or existing developments located outside of the City’s jurisdictional boundaries but within its sphere of influence to connect to the City’s sanitary sewer system in accordance with the following requirements:
(1) If the parcel is not contiguous to the City boundary, the owner of the parcel must execute and file an irrevocable agreement to annex to the City at such time as sufficient parcels can be assembled and qualify for annexation in accordance with Local Agency Formation Commission (“LAFCO”) policy pertaining to such annexations. (2) If the parcel is contiguous to a City boundary, the owner will be required to annex the parcel to the City, or, if this is determined to be infeasible, to execute an irrevocable agreement to annex.
(3) Finally, all parcels requesting sewer service must be developed in accordance with the City’s General Plan and in conformance with all City codes and standards; and
WHEREAS, the Property is not contiguous to the City boundary, annexation has been determined to be infeasible at this time, and the owner of the Property has executed an Irrevocable Agreement to Annex to the City at such time as annexation becomes feasible; and WHEREAS, pursuant to Government Code Section 56133, the City may only provide new or extended services by agreement outside of its jurisdictional boundary if it first requests and receives written approval from LAFCO.

NOW, THEREFORE, BE IT RESOLVED, that the City of Chino does hereby determine, find, resolve, and order as follows:

SECTION 1. The City Manager or designee is authorized to execute the San Bernardino LAFCO Application for Extension of Service by Contract (attached to this Resolution as Exhibit A) and to submit the Application to the San Bernardino County LAFCO.

SECTION 2. The Covenant Agreement to Annex for Sanitary Sewer Service (“Agreement”) (attached to this Resolution as Exhibit B) is approved, conditioned on (i) approval by LAFCO, and (ii) reimbursement by the applicant of all application fees and other costs incurred by the City in 457
RESOLUTION NO. 2026-063

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Chino City CouncilOctober 6, 2026

Chino City Council
October 6, 2026