preparing, submitting, and processing a request to LAFCO to extend sewer service to the Property pursuant to Government Code Section 56133 (“Reimbursement”). The City Manager is authorized to execute the Agreement on behalf of the City following notification by LAFCO that the City’s request to extend services to the Property has been approved and following Reimbursement by the applicant. If the City’s request to extend service to the Property is not approved by LAFCO or if applicant does not submit a full Reimbursement to the City, the Agreement shall not be executed by the City.
APPROVED AND ADOPTED THIS 6
th DAY OF OCTOBER 2026.
EUNICE M. ULLOA, MAYOR
ATTEST:
NATALIE GONZAGA, CITY CLERK
458
RESOLUTION NO. 2026-063
State of California )
County of San Bernardino ) ss.
City of Chino )
I, NATALIE GONZAGA, City Clerk of the City of Chino, do hereby certify that the forgoing Resolution was duly adopted by the City Council at a regular meeting held on the 6 TH day of
October 2026, by the following votes:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
NATALIE GONZAGA, CITY CLERK
Attachments: Exhibit A – LAFCO Application
Exhibit B – Covenant Agreement to Annex
459
____________________ (FOR LAFCO USE ONLY)
SAN BERNARDINO LAFCO
APPLICATION FOR
EXTENSION OF SERVICE BY CONTRACT
(A certified copy of the City Council/District Board of Directors resolution or a letter from the City Manager/General Manager requesting approval for an out-of-agency service agreement must be submitted together with this application form.)
AGENCY TO EXTEND SERVICE:
AGENCY NAME: _________________________________________
CONTACT PERSON: _________________________________________ ADDRESS: _________________________________________ _________________________________________ PHONE: _________________________________________ EMAIL: _________________________________________
CONTRACTING PARTY:
NAME OF
PROPERTY OWNER: _________________________________________ CONTACT PERSON: _________________________________________ MAILING ADDRESS: _________________________________________ _________________________________________ PHONE: _________________________________________ EMAIL: _________________________________________
ADDRESS OF PROPERTY
PROPOSED FOR CONTRACT: _________________________________________ _________________________________________ CONTRACT NUMBER/IDENTIFICATION: _________________________________________ PARCEL NUMBER(S): _________________________________________ ACREAGE: _________________________________________
460
Extension of Service by Contract ____________________ Application Form (FOR LAFCO USE ONLY) The following questions are designed to obtain information related to the proposed agreement/contract to allow the Commission and staff to adequately assess the proposed service extension. You may include any additional information which you believe is pertinent.
Please use additional sheets where necessary.
1. (a) List the type or types of service(s) to be provided by this agreement/contract. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ (b) Are any of the services identified above "new" services to be offered by the agency? YES NO. If yes, please provide explanation on how the agency is able to provide the service. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________
2. Is the property to be served within the agency's sphere of influence? YES NO
3. Please provide a description of the service agreement/contract. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________
4. (a) Is annexation of the territory by your agency anticipated at some point in the future? YES NO. If yes, please provide a projected timeframe when it anticipates filing an application for annexation of territory that would include the area to be served. If no, please provide an explanation as to why a jurisdictional change is not possible at this time. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 461
Extension of Service by Contract ____________________ Application Form (FOR LAFCO USE ONLY) (b) Is the property to be served contiguous to the agency's boundary? YES NO. If yes, please provide explanation on why annexation to the agency is not being contemplated. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________
5. Is the service agreement/contract in response
to a threat to the public health and safety of the existing residents as defined by Government Code Section 56133(c)?
YES NO. If yes, please provide documentation regarding the circumstance (i.e. letter from Environmental Health Services or the Regional Water Quality Control Board). ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________
6. (a) What is the existing use of the property? ________________________________________________________________ ________________________________________________________________ (b) Is a change in use proposed for the property? YES NO. If yes, please provide a description of the land use change. ________________________________________________________________ ________________________________________________________________
7. If the service agreement/contract is for development purposes, please provide a complete description of the project to be served and its approval status. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 462
Extension of Service by Contract ____________________ Application Form (FOR LAFCO USE ONLY)
8. Are there any land use entitlements/permits involved in the agreement/contract? YES NO. If yes, please provide documentation for this entitlement including the conditions of approval and environmental assessment that are being processed together with the project. Please check and attach copies of those documents that apply:
Tentative Tract Map / Parcel Map
Permit (Conditional Use Permit, General Plan Amendment, etc.) Conditions of Approval
Negative Declaration (Initial Study)
Notice of Determination (NOD)/Notice of Exemption (NOE) Department of Fish and Game (DFG) Receipt
Others (please identify below) ________________________________________________________________ ________________________________________________________________
9. Has the agency proposing to extend service conducted any CEQA review for this contract? YES NO. If yes, please provide a copy
assessment including a copy of the filed NOD/NOE and a copy of the DFG Receipt.
10. Plan for Service:
(a) Please provide a detailed description of how services are to be extended to the property. The response should include, but not be limited to, a description of:
1) capacity of existing infrastructure, 2) type of infrastructure to be extended or added to serve the area, 3) location of existing infrastructure in relation to the area to be served, 4) distance of infrastructure to be extended to serve the area, and 5) other permits required to move forward with the service extension. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 463
Extension of Service by Contract ____________________ Application Form (FOR LAFCO USE ONLY) ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ (b) Please provide a detailed description of the overall cost to serve the property.
The response should include the costs to provide the service (i.e. fees, connection charges, etc.) and also the costs of all improvements necessary to serve the area (i.e. material/equipment costs, construction/installation costs, etc.).
Description of Fees/Charges Cost Total
Total Costs
(c) Please identify any unique costs related to the service agreement such as premium outside City/District rates or additional 3rd-party user fees and charges (i.e. fees/charges attributable to other agencies). ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 464
Extension of Service by Contract ____________________ Application Form (FOR LAFCO USE ONLY) (d) If financing is to occur, please provide any special financial arrangement between the agency and the property owner, including a discussion of any later repayment or reimbursement (If available, a copy of the agreement for repayment/reimbursement is to be provided). ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 11 Does the City/District have any policies related to extending service(s) outside its boundary? YES NO. If yes, has a copy been provided to LAFCO? YES NO. If not, please include a copy of the policy or policies (i.e. resolution, municipal code section, etc.) as part of the application. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ CERTIFICATION As a part of this application, the City/Town of _________________, or the ______________________ District/Agency agree to defend, indemnify, hold harmless, promptly reimburse San Bernardino LAFCO for all reasonable expenses and attorney fees, and release San Bernardino LAFCO, its agents, officers, attorneys, and employees from any claim, action, proceeding brought against any of them, the purpose of which is to attack, set aside, void, or annul the approval of this application or adoption of the environmental document which accompanies it.
This indemnification obligation shall include, but not be limited to, damages, penalties, fines and other costs imposed upon or incurred by San Bernardino LAFCO should San Bernardino LAFCO be named as a party in any litigation or administrative proceeding in connection with this application.
The agency signing this application will be considered the proponent for the proposed action(s) and will receive all related notices and other communications. I understand that if this application is approved, the Commission will impose a condition requiring the applicant to indemnify, hold harmless and reimburse the Commission for all legal actions that might be initiated as a result of that approval.
465
Extension of Service by Contract ____________________ Application Form (FOR LAFCO USE ONLY) I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this evaluation of service extension to the best of my ability, and that the facts, statement and information presented herein are true and correct to the best of my knowledge and belief.
SIGNED ________________________________ NAME: _____________________________ POSITION TITLE: _____________________________
DATE: _____________________________
REQUIRED EXHIBITS TO THIS APPLICATION:
1. Copy of the agreement/contract.
2. Map(s) showing the property to be served, existing agency boundary, the location of the existing infrastructure, and the proposed location of the infrastructure to be extended.
3. Certified Plan for Service (if submitted as a separate document) including financing arrangements for service.
Please forward the completed form and related information to:
Local Agency Formation Commission for San Bernardino County San Bernardino, CA 92415-0490
PHONE: (909) 3 8- - Rev: krm 8/19/2015
Jesus Plasencia
Assistant City Engineer
466
RECORDING REQUESTED BY AND WHEN
RECORDED MAIL TO:
City of Chino
City Clerk
P.O. Box 667
Chino, CA 91708
Exempt from recording fees according to SPACE ABOVE THE LINE FOR Government Code Section No. 27383 RECORDER’S USE
COVENANT AGREEMENT TO ANNEX
AND FOR SANITARY SEWER CONNECTION
This Covenant Agreement (“Agreement”) is made this ____ day of_______________, 202_, by and between the City of Chino, a municipal corporation, hereinafter referred to as “City”, and Borstein Enterprises [or assignee], hereinafter referred to as “Owner.”
RECITALS
A. Owner owns that certain real property located at 4103 and 4257 Phillips Blvd., Chino in the County of San Bernardino, State of California, and more particularly described in Exhibit “A” attached hereto (“Property”).
B. The Property is outside of City’s territorial boundaries but within City’s Sphere of Influence.
C. Owner has requested permission to connect the Property, and existing and/or proposed improvements on the Property, to the City’s sanitary sewer system (“Sewer”).
D. City is willing to allow Owner to connect the Property to the Sewer on the condition that Owner (i) enter into an irrevocable agreement to annex the Property to the City at such time as the City determines a sufficient number of parcels are assembled for annexation and the number of parcels or area qualifies for annexation in accordance with the Local Agency Formation Commission (LAFCO) policy pertaining to such annexations, and (ii) that Owner agrees to develop the Property in the manner provided in Section 4(b) of this Agreement and in conformance with all City codes and standards pertaining to the Sewer.
E. As required by Government Code Section 56133, the City has requested and received approval from the Local Agency Formation Commission (LAFCO) of San Bernardino County (“LAFCO”) to provide Sewer services to the Property. 467
1 AGREEMENT
NOW, THEREFORE, the Parties agree as follows:
1. Incorporation of Recitals. The foregoing recitals are incorporated herein by reference.
2. Effective Date; Duration. This Agreement shall be effective (“Effective Date”) on the date it is recorded in the Official Records of San Bernardino County (“Official Records”) and shall continue in full force and effect until terminated in accordance with Section 7 below.
Owner shall execute and acknowledge this Agreement and deliver it to City for execution after which City shall have it recorded in the Official Records and send a recorded copy to Owner.
3. Owner’s Representations and Warranties. Owner represents and warrants to the City that, as of the Effective Date, Owner is the fee owner of the Property, that there are no other owners of the Property other than those listed in this Agreement, and that Owner has authority to execute this Agreement which shall be binding on the Property.
4. Covenants, Restrictions and Obligations. Owner covenants and agrees as follows:
(a) Annexation.
(i) At such time as the City decides to seek annexation of the Property to the City (“Annexation”), in the City’s sole discretion, Owner shall consent to the Annexation, shall fully cooperate with and provide all necessary assistance to the City during the Annexation process, and shall take all actions required to effectuate the Annexation. Owner waives all rights to protest or otherwise oppose the Annexation of the Property to the City of Chino. Specifically, Owner shall not present any written or oral protest of or objection to Annexation to LAFCO, and shall not object (either orally or in writing) to any proposal by LAFCO to waive protest proceedings concerning the Annexation, whether at a public hearing or otherwise. (ii) Additionally, Owner shall pay all fees and costs, at the time that they become due and payable, as would ordinarily be charged to an Owner whose property is being considered for annexation or is annexed to the City, if any. (b) Development of Property. Upon and after connecting the Property to the Sewer, Owner shall use and develop the Property only in a manner substantially consistent with the permitted use(s) for the Property as shown on the project plans attached hereto as Exhibit “B” (the “Project Plans”), in addition to any other land use and development standards imposed by the County of San Bernardino. Prior to connecting to and receiving Sewer service, Owner shall provide the City a copy of the final project plans approved by the County of San Bernardino.
Notwithstanding any other provision of this Agreement, a current or proposed use that is in substantial compliance with the Project Plans will be permitted to connect to and/or remain connected to the Sewer. A use of the Property shall be deemed in “substantial compliance” with the Project Plans if it is consistent with the general design and intensity of development shown on the Project Plans.
468
2 While the project described in Exhibit B does not currently adhere to all technical requirements of the General Plan, it is consistent with the intent of the General Plan. Any future significant modification to the project that triggers development review, shall be required to conform to the General Plan and applicable zoning requirements in effect at that time. Any significant modification may require additional discretionary review and/or amendments to the applicable land use and zoning entitlements. Notwithstanding the forgoing, reductions in density, adding entry enhancements which may include gates, or making floor plan and elevation changes that don’t materially increase building massing or square footage, would be deemed in “substantial compliance” with the Project Plans.
(c) Sewer Connection. Owner shall (i) pay all fees, charges, and deposits required by the City for connection to and use of the Sewer including but not limited to fees for Sewer Maintenance and IEUA Sewage Treatment; (ii) shall complete all improvements required to extend the Sewer to the Property, in accordance with City standards (as determined by the City Engineer), at Owner’s sole expense; and (iii) shall comply with all City codes and standards regarding use of the Sewer, including but not limited to, discharge regulations.
5. Extension of Sewer Services. City agrees to allow the Property to connect to the Sewer, subject to Owner’s compliance with the terms of this Agreement and subject to any conditions imposed by LAFCO in its approval of City’s request to extend Sewer services to the Property, if any, which are incorporated herein.
6. Runs with the Land. This Agreement shall run with and burden the Property and all future owners, tenants, and occupants of the Property, and shall run in favor of the City in gross as a covenant and equitable servitude and shall benefit all real property owned by the City from time to time.
7. Release of Covenant. Provided Owner is not in default of this Agreement, Owner may request that this Agreement be released by sending written notice to City requesting the release after the Property has been annexed to the City of Chino. Upon confirmation of compliance with the foregoing to the reasonable satisfaction of the City, City shall execute a release in a form approved by the City Attorney, which shall be executed and acknowledged by the City and recorded in the Official Records. The release may be executed by the City Manager.
8. Violations; Remedies.
(a) Breach of Annexation Covenant.
(i) Owner’s breach of Section 4(a)(i) of this Agreement will cause substantial injury to the City, including but not limited to delaying and potentially preventing City’s ability to annex the Property and other properties to the City, which is the City’s primary aim and intent in entering into this Agreement. Since the determination of actual damages caused by a breach of Section 4(a)(i) would be difficult or impractical to determine, City and Owner agree that if Owner breaches Section 4(a)(i) either by making a protest or objection as described in Section 4(a)(i) or refusing to take any actions required to effectuate the Annexation, Owner shall be liable for and shall pay to the City the sum of Ten Thousand Dollars ($10,000), and shall also 469
3 reimburse the City for all costs (including legal fees) incurred by the City as a result of Owner’s breach, all of which shall be due upon demand by the City, and shall be due whether or not Owner’s breach prevents Annexation. City may also seek any other remedy for such breach available under law.
(ii) If Owner refuses or fails to timely make any payment described in Section 4(a)(ii), Owner authorizes City to make such payment on Owner’s behalf and Owner shall reimburse City for such payment within (30) days of a written demand by the City. (b) Breach of Sewer Regulations. If the City believes Owner has violated Section 4(c) of this Agreement, City may provide written notice of breach and demand that Owner remedy the breach within thirty (30) days of receipt of the notice. If Owner fails to remedy the breach in the specified time period and provide proof thereof to the reasonable satisfaction of the City, Owner shall be liable for and shall pay to the City One Hundred Dollars ($100.00) per day until the breach is cured to the City’s reasonable satisfaction. (c) Rights and Remedies are Cumulative. The rights and remedies of the City listed in this Section 8 are cumulative and the exercise by City of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by Owner. (d) Lien. If any amount due to the City under this Section 8 is not paid within thirty (30) days of a written demand by the City, City shall have the right to record a lien against the Property for such amount.
9. Amendment or Modification. This Agreement may not be amended or modified except (i) in writing executed by the then current owner(s) of the Property and the City, and (ii) recorded in the Official Records.
10. Notices. Any notice to be given under this Agreement shall be given by personal delivery or by depositing the same in the United States Mail, certified or registered, postage prepaid, at the following addresses:
City: City of Chino
13220 Central Avenue
Chino, CA 91710
Attn: Director of Public Works Department
With Copy to: City of Chino
13220 Central Avenue
Chino, CA 91710
Attn: City Attorney
Owner: Borstein Enterprises
11726 San Vicente Blvd., Ste. 300
Los Angeles, CA 90049
470
4 Any notice delivered personally shall be effective upon delivery. Any notice given by mail as above provided shall be effective forty-eight (48) hours after deposit in the mail. Any party may change address for notice by giving written notice of such change to the other party.
11. Miscellaneous.
(a) Severability. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
(b) Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California and any legal action shall be brought in a court of competent jurisdiction in San Bernardino County.
(c) Attorney’s Fees. In the event of any litigation or other legal proceeding arising from this Agreement, the prevailing party will be entitled to recover, in addition to any other relief awarded or granted, its reasonable costs and expenses, including attorney’s fees, incurred in the proceeding.
(d) Final Agreement. This Agreement contains the entire understanding and agreement with respect to the subject matter of this Agreement and all prior or contemporaneous documents, communications, understandings, representations, and statements shall be of no force or effect.
(e) Construction. This Agreement shall be construed according to its fair meaning as if prepared by all parties to this Agreement. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent. (f) No Waiver. The failure to enforce any term, covenant, or condition of this Agreement shall not be construed as a waiver of the right to enforce this, or any other, term, covenant, or condition of this Agreement.
(g) Counterparts. This Agreement may be executed in any number of counterparts each of which shall be an original but all of which shall constitute one and the same document. [Signatures on Following Page]
471
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective officials thereunto duly authorized.
CITY:
CITY OF CHINO, a municipal corporation
Linda Reich, City Manager
ATTEST:
Natalie Gonzaga, City Clerk
APPROVED AS TO FORM: APPROVED AS THE CONTENT:
ALESHIRE & WYNDER, LLP
Fred Galante, City Attorney Hye Jin Lee
Director of Public Works Department
OWNER
By:
[Final signature block to be revised and added]
Name: Loren Borstein
Title: President
Address: 11726 San Vicente Blvd., Ste. 300
Los Angeles, CA 90049
[OWNER’S SIGNATURE SHALL BE NOTARIZED]
472
Exhibit A - 1
EXHIBIT A
PROPERTY DESCRIPTION
That certain real property in the County of San Bernardino, State of California, legally described as follows:
Lot 24 IN SECTION 34, TOWNSHIP 1 SOUTH, RANGE 8 WEST, SAN BERNARDIO BASE
AND MEDIDIAN, ACCORDING TO THE SUBDIVISION OF A PART OF RANCHO SANTA ANA DEL CHINO, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 15, RECORDS OF SAID COUNTY.
PROPERTY ADDRESS OR LOCATION: 9.5 ACRES ON PIPELINE AVENUE, CHINO, CA, 91710
APN.: 1013-161-01
473
Exhibit A-1 - 1
EXHIBIT A-1
PROPERTY DESCRIPTION
That certain real property in the County of San Bernardino, State of California, legally described as follows:
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN BERNARDINO AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
LOT 9 IN SECTION 34, TOWNSHIP 1 SOUTH, RANGE 8 WEST, SAN BERNARDINO
MERIDIAN, AS SHOWN ON THE MAP OF SUBDIVISION OF PART OF RANCHO
SANTA ANA DEL CHINO, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6 OF MAPS PAGE 15, RECORDS OF SAID COUNTY.
EXCEPTING THEREFROM THAT PORTION OF LOT 9, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 10 IN SAID SECTION 34, SAID POINT BEING IN THE CENTER LINE OF NORTON AVENUE; THENCE WEST ALONG THE SOUTH LINE OF SAID LOT, 301 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE SOUTH LINE OF LOTS 10 AND 9, 643.52 FEET TO A POINT WHICH IS 342.28 FEET EAST OF THE EAST LINE OF PIPE LINE AVENUE; THENCE NORTH 0° 2’ 52” WEST 653.72 FEET TO THE SOUTH LINE OF PHILLIPS STREET (DESSAU STREET); THENCE NORTH 85° 49’ 24 EAST ALONG THE SOUTH LINE OF SAID STREET, 645.19 FEET TO A POINT WHICH IS 301.78 FEET WEST OF
INTERSECTION OF THE SOUTHERLY LINE OF DESSAU STREET AND THE CENTER LINE OF NORTON AVENUE; THENCE SOUTH 0° 2’ 52” EAST 700.12 FEET TO THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE COUNTY OF SAN BERNARDINO, DESCRIBED AS FOLLOWS:
A PORTION OF LOT 9, SECTION 34, TOWNSHIP 1 SOUTH, RANGE 8 WEST,
SUBDIVISION OF PART OF RANCHO SANTA ANA DEL CHINO, AS SHOWN ON MAP RECORDED IN MAP BOOK 6 PAGE 15, IN RECORDER’S OFFICE IN SAID COUNTY,
SAID PORTION BEING PARTICULARLY DESCRIBED AS BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 9 (SAID CORNER BEING DEFINED AS BEING
THE INTERSECTION OF THE EAST LINE OF PIPE LINE AVENUE AND THE SOUTH LINE OF PHILLIPS BOULEVARD, AS SHOWN ON SAID MAP); THENCE SOUTH 0° 22’ 15” EAST ALONG SAID EAST LINE OF PIPE LINE AVENUE, A DISTANCE OF 384.67 FEET; THENCE NORTHEASTERLY ON A CURVE TO THE RIGHT WHOSE RADIUS IS 567 FEET AND FROM A TANGENT WHOSE BEARING IS NORTH 0° 22’ 15” WEST, A DISTANCE OF 201.93 FEET; THENCE ON A CURVE TO THE LEFT, WHOSE RADIUS IS 633 FEET, A DISTANCE OF 197.15 FEET TO A POINT ON THE AFORESAID SOUTH 474
Exhibit A-1 - 2
LINE OF PHILLIPS BOULEVARD; THENCE SOUTH 85° 27’ 30” WEST ALONG SAID SOUTH LINE, A DISTANCE OF 74.84 FEET TO THE PLACE OF BEGINNING.
AREAS AND DISTANCES ARE COMPUTED TO THE CENTER LINE OF ALL ADJOINING STREETS AND ROADS.
BY RESOLUTION OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA, DATED FEBRUARY 7, 1938, THE NAME OF DESSAU STREET WAS CHANGED TO PHILLIPS BOULEVARD.
PARCEL 2:
AN UNDIVIDED 18/33 INTEREST IN THAT PORTION OF LOT 7, IN SECTION 34, TOWNSHIP 1 SOUTH, RANGE 8 WEST, SAN BERNARDINO MERIDIAN, ACCORDING
TO MAP SHOWING SUBDIVISION OF PART OF RANCHO SANTA ANA DEL CHINO, IN
THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6 OF MAPS PAGE 15, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID RANCHO SANTA ANA DEL CHINO, AND THE NORTH LINE OF PHILLIPS BOULEVARD, WHICH IS SOUTH 85° 57’ WEST 215.88 FEET FROM THE INTERSECTION OF THE NORTH LINE OF SAID RANCHO SANTA ANA DEL CHINO, WITH THE CENTER LINE OF NORTON AVENUE; THENCE SOUTH 77.6 FEET; THENCE WEST 72 FEET; THENCE NORTH 71.91 FEET TO THE NORTH LINE OF SAID RANCHO SANTA ANA DEL CHINO; THENCE NORTH 35° 57’ EAST 72.18 FEET TO THE POINT OF BEGINNING, BEGIN WELL AND PUMPING PLANT SITE.
EXCEPTING FROM BOTH OF THE ABOVE DESCRIBED PARCELS ANY PORTION LYING WITHIN PHILLIPS BOULEVARD.
PARCEL 3:
A 5 FOOT EASEMENT FOR IRRIGATION PIPE LINES FOR THE TRANSPORTATION OF IRRIGATION WATER AND INCIDENTAL PURPOSES, FROM PARCEL 2 HEREINABOVE DESCRIBED, TO PARCEL 1 HEREIN DESCRIBED, OVER, UNDER,
ALONG, THROUGH AND ACROSS THE FOLLOWING DESCRIBED PROPERTY, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS:
THAT PORTION OF FRACTIONAL LOTS 7 AND 8 AND LOTS 9 AND 10, IN SECTION 34, TOWNSHIP 1 SOUTH, RANGE 8 WEST, SAN BERNARDINO MERIDIAN,
ACCORDING TO MAP OF SUBDIVISION OF RANCHO SANTA ANA DEL CHINO, IN
THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 15, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHICH IS 303.50 FEET WEST OF THE CENTER LINE OF NORTON AVENUE, AND 2.5 FEET SOUTH OF THE SOUTH LINE OF PHILLIPS 475
Exhibit A-1 - 3
BOULEVARD; THENCE WESTERLY PARALLEL WITH THE SOUTH LINE OF PHILLIPS BOULEVARD TO THE EAST LINE OF THE PROPERTY DESCRIBED AS PARCEL 1 ABOVE. ALSO BEGINNING AT A POINT 303.50 FEET WEST OF THE CENTER LINE OF NORTON AVENUE AND 2.50 FEET SOUTH OF THE SOUTH LINE OF PHILLIPS BOULEVARD; THENCE SOUTH PARALLEL WITH THE CENTER LINE OF NORTON AVENUE, A DISTANCE OF 363.02 FEET; THENCE WEST PARALLEL WITH THE SOUTH LINE OF LOTS 9 AND 10, A DISTANCE OF 641.02 FEET TO THE EAST LINE OF SAID PARCEL 1. ALSO BEGINNING AT A POINT 644.50 FEET WEST OF THE CENTER LINE OF NORTH AVENUE, AND 335 FEET NORTH OF THE SOUTH LINE OF LOT 10;
THENCE SOUTH PARALLEL WITH THE CENTER LINE OF NORTON AVENUE TO A POINT 4.50 FEET NORTH OF THE SOUTH LINE OF LOT 10; THENCE WEST PARALLEL WITH THE SOUTH LINE OF LOTS 10 AND 9, A DISTANCE OF 300.00 FEET TO THE EAST LINE OF SAID PARCEL 1.
APN.: 1013-111-01
476
Exhibit A-2 - 1
EXHIBIT A-2
PROPERTY DESCRIPTION
That certain real property in the County of San Bernardino, State of California, legally described as follows:
PARCEL NO. 1:
THE SOUTH 1/2 OF THE NORTH 120.1 FEET OF THE SOUTH 360.3 FEET OF THE FOLLOWING DESCRIBED PROPERTY:
THAT PORTION OF LOT 10, SECTION 34, TOWNSHIP 1 SOUTH, RANGE 8 WEST, SAN
BERNARDINO BASE AND MERIDIAN, ACCORDING TO MAP OF SUBDIVISION OF PART OF RANCHO SANTA ANA DEL CHINO, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 15, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF NORTON
AVENUE, WITH THE NORTH LINE OF RANCHO SANTA ANA DEL CHINO, WHICH LINE IS ALSO THE NORTH LINE OF PHILLIPS BOULEVARD 30 FOOT ROADWAY; THENCE SOUTH ALONG THE CENTER LINE OF SAID NORTON AVENUE 154.01 FEET; THENCE WEST AND PARALLEL TO THE SOUTH LINE OF SAID LOT 10, 150 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH AND PARALLEL TO THE CENTER LINE OF NORTON AVENUE 360.3 FEET; THENCE WEST AND PARALLEL TO THE SOUTH LINE OF SAID LOT 10, 151 FEET, MORE OR LESS, TO THE WEST LINE OF THAT PROPERTY CONVEYED TO NELSON C. PENDER AND VELMA E. PENDER, HUSBAND AND WIFE, AS JOINT TENANTS, BE DEED RECORDED SEPTEMBER 7, 1960, IN BOOK 5230 OF OFFICIAL RECORDS; PAGE 315; THENCE NORTH ALONG SAID WEST LINE OF THE PROPERTY CONVEYED TO NELSON C. PENDER AND VELMA E. PENDER, HUSBAND AND WIFE, 360.3 FEET; THENCE EAST TO THE POINT OF BEGINNING.
PARCEL NO. 2:
A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS
AND PUBLIC UTILITY PURPOSES, WITH THE RIGHT TO DEDICATE THE SAME FOR PUBLIC USE OVER AND ACROSS THE WEST 30 FEET OF THE EAST 301 FEET OF LOTS 7 TO 10, SECTION 34, TOWNSHIP 1 SOUTH, RANGE 8 WEST, SAN
BERNARDINO BASE AND MERIDIAN, ACCORDING TO MAP OF SUBDIVISION OF PART OF RANCHO SANTA ANA DEL CHINO, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 15, RECORDS OF SAID COUNTY.
EXCEPT THEREFROM THE SOUTHERLY 533.25 FEET THEREOF.
ALSO EXCEPT THEREFROM THE FOLLOWING DESCRIBED PROPERTY:
477
Exhibit A-2 - 2
THE WEST 16 FEET OF THAT PORTION OF LOT 7, SECTION 34, TOWNSHIP 1 SOUTH, RANGE 8 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO MAP OF
SUBDIVISION OF PART OF RANCHO SANTA ANA DEL CHINO, AS PER PLAT RECORDED IN BOOK 6 OF MAPS, PAGE 15, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT POINT ON THE NORTH LINE OF RANCHO ANA DEL CHINO, AND THE NORTH LINE OF PHILLIPS BOULEVARD, WHICH IS SOUTH 85° 57’ WEST 215.58
FEET FROM THE INTERSECTION OF THE NORTH
LINE OF RANCHO SANTA ANA DEL CHINO, WITH THE CENTER LINE OF NORTON AVENUE; THENCE SOUTH 77.06 FEET; THENCE WEST 72 FEET; THENCE NORTH
71.91 FEET TO THE NORTH LINE OF SAID RANCHO SANTA ANA DEL CHINO; THENCE NORTH 85° 57’ EAST 72.18 FEET TO THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL NO. 1.
APN.: 1013-111-02
478
479
480
481
482
111943\19767527v1
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On , 202_ before me, , a notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public
SEAL:
483
111943\19767527v1
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
In , 202_ before me, , a notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public
SEAL:
484
Exhibit C - Sewer Map
Nerio Farms Estates Project
Public Sewer Connection 485
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
AP HNP HBP( 2EJ2 P ?2HH2EPG8.?? PABHP0BAGH: HIH2P. CCEBJ.? PB4P. PIH:?:HNP G2EJ:02P 0BAA20H: BAP/ IHPG8.?? PG2EJ2P GB?2?NP. GP0BA4: E@. H: BAPH8. HPH82P HNP 8. GPH82P0. C. 0:HNPHBPCEBJ: 12PG2EJ: 02P HPH82PH: @2PB4P: GGI. A02 P 4:A.?P. IH8BE: HNP HBP. CCEBJ2P . ANP G2K2EPBEPK. H2EPG2EJ: 02P0BAA20H: BAPG8.??P E2@.: AP2M0?IG:J2?NPK:H8PH82P HNP BIA0:?PK8:08P@IGHP. IH8BE:O2PG2EJ: 02PH8EBI68PH82P2M20IH: BAPB4P. P 4BE@.? P. 6E22@2AH P
P P%&#% P, * P* P )% P$ P " P P
EBC2EH: 2GP?B0. H21PK: H8:APH82P($ PG22>: A6P0BAA20H: BAPHBPH82PCI/?: 0PG2K2EPGNGH2@PG8.?? P2M0?IG:J2?NP B/ H.: APG2K2EP G2EJ:02P 4EB@P H82P HN P % IEGI. AHPHBP( 20H:BAP PB4PH82P 4BEA:. P%? I@/: A6P B12 P H: H?21P% I/?:0P( 2K2EP J.:?./:?:HN P . ANPCEBC2FHNPG: HI. H21PK; H8:APHKBP8IA1E21P P 422HPB4P . AP2M: GH: A6P CI/?:0P G2K2EP?: A2P: GPE2DI: E21P HBP 0BAA20HP HBPH82P HN GPG. A:H. ENP G2K2EP GNGH2@ P P E2DI2GHGP4BEP 0BAA20H: BAPG8.?? P/ 2PE2J: 2L21PBAP. P0. G2 N 0. G2P/. G:GP. A1PG8.?? P0B@C?NP5I??NPK:H8PH82P6I: 12?:A2GP G2HP4BEH8P82E2: AP4BEPCEBC2EH: 2GP K:H8:APH82P (# P ANP12J:. H: BAGP 4EB@PH82P 2A2E.? P%?. AP . A1POBA: A6P E2DI:E2@2AHGP P : EE2GC20H: J2PB5P127E22P BEPA. HIE2 P . E2PGI/= 20HPHBPE2J: 2KP. A1P. CCEBJ.? P. HPH82PGB?2P 1:G0E2H: BAPB4PH82P HNP BIA0:?P
486
@/ J)=]"=) @] C@: @4]#/ HR:J/?/ @PN
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
P: C@*==Y @] Q7/]/ S/ @Q])] FJCFCN/-] FJC</, Q] 1):= N] PC], C@1CJ?] T:P7]) FF=:,)+=/] @/ J)= @] CJ]( C@:@4] J/ HR:J/?/ @PN NR, 7]FJC</, P] N7)==]+/] NR+</, P] PC] P8/] FJCS:N:C@N] N/ P] 1CJP7 @] $/, P: C@] C1] P7:N] FC=:,Y RJP7/ J? CJ/ F/ @-: @4] RFC@] P7/] N:[/ N,)=/ @- @P:,: F) P/-]:? F), PN] C1]P7/] FJCFCN/-]-/ S/= CF?/ @P P7/] PY] J/ N/ JS/ N]P7/] J:47P] PC] J/ HR:J/ @@/ U) P: C@]: @PC] P9/] PY T:P9])=>] ) NNC,:) P/-]) @@/ U) P: C@], DNPN]) A-] 0VF0AN0N]+ CJ@/ NC=/=Y]+ Y]Q7/]) FG=:,) @Q
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
3I[&NN9RJ735F9[ @N99H9IP[ PJ[ II9T CI7FQ8CI@[ 5QP[ IJP[ FCHCP98[ PJ[ K3N79F[ OCY9 KNJD97P[ PVK9 7JHKFC3I79[ SCPB[ $ 9I9N3F[, F3I[ 3I8[ YJICI@[ N9MQCN9H9IPO I;N3OPNQ7PQN9[ JHHCPP99[ N97JHH9I83PCJI 3I8[; CI3F[ 3KKNJR3F[ 5V[ PB9[ CPV[ JQI7CF 3O[ JQPFCI98[ 35JR9[ ; JN[ IJIZ 38D379IP[ KNJK9NPC9O OB3FF[; QFFV[ 3KKFV
779OOJNW[! S9FFCIA[ 1ICPO[ 1O T9HLPCJI
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
6 I[73O9O[ SB9N9[ 3I[ 1[KNJK9NPV[ JSI9N[ SCPBCI[ PB9[.+&[ RJFQIP3NCFV[ 9F97PO[ PJ[ 7JII97P[ PJ[ PB:
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
3 CY35F9[, NJD97PO OB3FF[ 59[89;CI98[ 3O[I9S[89R9FJKH9IPO[ JN[CI; CFF[ KNJD97PO[ SCPBCI[ PB9[. KB9N:
J;[&I;FQ9I79[ 7JIOCOPCI@[ J;[HJN9[PB3I[;JQN[ N9OC89IPC3F[ 8S9FFCI@[ QICPO JN[7JHH9N7C3F 3I8[ CI8QOPNC3F[ 89R9FJKH9IPO[ 9T7: 98CI@[ OMQ3N:[ ; 99P[ J;[ @NJOO[ ; FJJN[ 3N93 B:
89P9NHCI3PCJI[ J;[ 3II9T3PCJI[ N9MQCN9H9IPO[ ; JN[ PB9O9[ KNJD97PO[ OB3FF[ 7JIOC89N[ 7NCP9NC3 CI7FQ8CI@ 5QP[ IJP[FCHCP98[ PJ KNJTCHCPV[ JN[ 7JIPC@QCPV[ PJ[ PB9[ CPV[ 5JQI83NV KNJD97P98[ CHK37PO JI[ CPV[ CI<N3OPNQ7PQN9[ 3I8[HQIC7CK3F[ O9NRC79O 3I8[PB9[ PVK9 O7JK9 3I8[JR9N3FF[ O73F9[ J;[PB9 KNJKJO98[ 89R9FJKH9IP
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
02[!"/"-)&* 1"* "[
B9[ CPV[ J;[ BCIJ[9TKN9OOFV[ N9O9NR9O[ PB9[ NC@BP[ PJ[89P: NHCI9 CI[CPO[ OJF9[ 8CO7N9PCJI PB3P[ 3II9T3PCJI[ CO[ CI;93OC5F9[ QI89N[ 3IV[J;[PB9[; JFFJSCI@[ 7JI8CPCJIO 488
GYRXPRPXZGPN6Z= d X<= Nd PNd 6Nd &N< G] G<\ 6Kd - XPR= XZ` d +^ N= Xd 4E=X= d ZE= d SXPSPY=< 6NN=_ 6ZGPNd^ P\ K< dGLSPY= d6Nd\ N<\= d? GN6N: G6KdPXdSXP:=<\ X6KdP8KGB6ZGPNdPNdZE= dX= V\= YZGNB SXPS= XZadP^ N= X dX= N<= XGNBdZE= d6NN=_ 6ZGPNdGN= V\ GZ68K= NY\ AG: G= NZd /\ RRPXZd ? XPLd H6:= NZd - XQR= XZ` d +^ N=XYd 4E=X= d ZE= X= d GYd GN6<= V\ 6Z= S6XZG: GS6ZGPNdPXd: PN:\ XX= N:= d? XPLd Y\ XXP\ N< GNBdS6X:= KYd N=:= YY6XadZPdI\ YZG? ad PXd= A=: Z\ 6Z= ZE= d6NN=_ 6[GQN
N?X6YZX\: Z\ X= d"=? G: G= N: G= Yd 4E=X= d=_ GYZGNBdL\ NG: GS6Kd Y=^= XdPXd^ 6Z= Xd GN?X6Y[ X\: Z\ X= dGY GN6<= V\ 6Z= dPXdPZE= X^ GY= dGN: 6S68K= dQ?d6:: PLLP<6ZGNBdZE= dSXPSQY=< d6NN=_ 6ZGQN PNQLG: d3G68GKGZbd 4E=X= dZE= d=_[= NYGPNdP?dL\ NG: GS6KdY= X] G:= YdZQdZE= dY\ 8I=: ZdSXPS= XZc 68Y=NZd8XP6<= XdY\ SSQXZdPXd ?GN6N: G6KdS6XZG: GS6ZGPNd? XPLdN= GBE8PXGNBdS6X:= KY d^ P\ K< dX= Y\ KZdGN 6Nd\ NY\ YZ6GN68K= d ?GY: 6Kd P8KGB6ZGPNdZPdZE= d! GZa
YYG]= d ( PNC 1XLd ( G68GKGZG= Yd 4E=X= d6NN=_ 6ZGPNd^ P\ K< d: X= 6[=d\ N<\= dPXd=_:= YYG]= PNBPGNBd L6GOZ= N6N:= d PS=X6[GPN6K d PXd ?GN6N: G6Kd 8\ X<= NYd PNdZE= d ! GZa d : PLSXPLGYGNBd G[ Y 68GKGZadZPd= AG: G= NZKadL6N6B= dL\ NG: GS6KdGN? X6YZX\: Z\ X= GZadYZ6AdYE6KKdL6J= d[ E=dGNGZG6Kd<= Z= XLGN6ZGPNd?PXdGN?= 6YG8GKG[ a dEP^=]= X d <= S=N< GNBdPNdZE= dN6Z\ X= dP?d E>d X> W\> YZ d [ E=d ' N?X6Y[ X\:[\ X= d ! QLLG[[== d 6N< d \ K[ GL6[= Ka d [ E= d! G[ ad! Q\ N: GKdYF7KKd X=[ 6GNd[ E= d ?GN7Kd 6\ ZEPXGZadZPd<= Z= XLGN= d^ E=ZE= Xd 6dSXPS= XZad GYd<== L=<dGN?= 6YG8K= d?PXd 6NN=_ 6ZGQNd GNZPd[ E=d ! GZad6Yd6d TX= X= V\ GYG[= d[ Pd: QNN=: ZGNBd[ Qd[ E=dS\ 8KG: dY=^= XdYcYZ= M d 0&,* d d , 20 2*" 5d/#. 3&!#d 0/ d
Nd,\ Z P? P\ N< 6Xad/= X] G:= d BX== L=NZd BX== L=NZ dGYd6dK= B6KKad 8GN< GNBd GNYZX\ L=NZd8= Z^== Nd ZE= d! G[ ad P@d! EGNPd GZa d 6N<d6NPZE= XdL\ NG: GS6KdI\ XGY< G: ZGPNd V\= YZGNBd)\ NG: GS6KGZa d@PXdZE= d SXP] GYGPNdP?dL\ NG: GS6KdY=^= Xd6N< d^ 6Z= XdY= X] G:= YdZPdSXPS= XZG= YdKP: 6Z=< dP\ ZYG<= dZE= d! GZa Yd: PXSPX6Z= d KGLGZYd6N< d8= aPN< dGZYd/ SE=X= dP?d&N?K\= N:= d0E= d=_ Z= NYGPNdP@dY\: EdY= X] G:= YdYE6KKd8= d: PNYG<= X=< d6Nd ZX6PX< GN6XadL= 6Y\ X= d6N< d ^ GKKdPNKad 8=d BX6NZ=< d ^ E= Nd [ E=d ! GZad ! Q\ N: GK d 6ZdGZYd YPK= d 6N< d68YPK\ Z= d GY: X= ZGQN d<= Z= XLGN= YdZE6Z d
QdQZE= XdX= 6YQN68K= dPXd?= 6YG8K= d6KZ= XN6ZG]= d=_ GYZYd?PXdZE= dSXPS= XZcdZPd: PNN=: ZdZQd6dY=^= X QXd^ 6[=XdYaYZ= Ld6N<
0E=dX= V\= YZ=< dY= X] G:= d=_ Z= NYGPNdGYd Z=: ENG: 6KKad ?= 6YG9K= d 6N< 0E=d=_ Z= NYGPNd^ GKKdNPZd 6<]= XY= KadGLS6: Zd=_ GYZGNBdPXdSK6NN=< dGN?X6YZX\: Z\ X= 0E=dY= X] G:= d=_ Z= NYGQNd^ GKKdNQZd ; X= 6Z= dYGBNG? G: 6NZdGLS6: ZYdQNd[ E= d=: QNQLG: dGNZ= X= YZYdQ? ZE= d! GZa dGZYdX= YG<= NZYdPXd8\ YGN= YY= Y
6: EdX= V\= YZd? PXd6Nd Z P? P\ N< 6Xa d/=^= Xd6N< d46[=Xd/= X] G:= d BX== L=NZdYE6KKd8= dY\ 8I=: ZdZPd 6d: 6Y= 8a 6Y=dX=] G=^ d6N< d\ N<= XBPd6d/= X] G:= d$= 6YG8GKGZad N6KaYGY d6Yd<=? GN=< d8= KP^ d X] G:= d$= 6YG8GKGZ` d N6K` YGYd
Pd BX== L=NZd YE6KKd8= d6SSXQ]=< d\ NK= YYd6N< d \ N[GKd6d: QLSX= E= NYG]= d?= 6YG8GKGZad 6N6KaYGYdE6Yd8== Od QN<\: Z=< d8adZE= d! GZa d^ EG: EdYE6KKdGN: K\<= d8\ ZdNQ[ d8= dKGLGZ=< dZQ d6Nd6YY= YYL= NZdP?d ZE= d ?PKKP^ GNDd 6: ZQXY d
N?X6YZX\:[\ X= d! 6R6: GZ` d6N< d YYG8GKGZbd 0E=d=_ Z= NZdZPd^ EG: EdZE= d! GZa Yd=_ GYZGNBdY=^= X 6N<d^ 6Z= XdGN?X6YZX\: Z\ X= dSPYY= YY= YdY\ AG: G= N[d: 6U6: GZadZPd6:: PLLP<6Z= d [E=dSXPSPY=< Y= X] G:= d=_ Z= NYGPNd^ G[ EQ\ Zd: PLSXQLGYGNBd=_ GYZGNBdQXdSK6NN=< dY= X] G:= dP8KGB6ZGQNY 489
9. A7O 29F+ 9$9(+ O 62.$ F2: 9DO 1+O $ 9F2( 2;$ F+) O , 29$ 9( 2$ 6O $ 9) O :;+ A$ F2: 9$6 GA*+ 9O$ EE:( 2$ F+) OJ2F1O8$ 29F$ 2929/ OA+;$ 2B29/ O $ 9) OA+; 6$( 29/ O29, A$ EFAG( FGA+ O9+(+ DE$ BL F: O,$( 262F$ F+ OD+ AI2(+ O G9)+ AOF1+ O A++ 7+9F O 29( 6G) 29/ O62,+( L( 6+ O (: DFD O)+; A+( 2$ F2: 9 O $ 9* A: 3+( F+* O($; 2F$ 6O27; B: I+8+9FO9++* D
7<$(FO: 9O K2DF29. O $ 9) O GFGA+ O AI2(+ O 7$9) DO O)+ F+ B729$ F2: 9O$ DOF: OJ1+ F1+ AOF1+ B:;: E+* OE+ AI2(+ O+ KF+ 9D2: 9OJ: G6* O9+/$ F2I+ 6LO28;$( FO F1+ O 2FL DO$' 262FLOF: O7++FO( GAA+ 9F AO , GFGA+ O D+ BI2(+ O )+ 7$9) D O 29( 6G) 29/ O A+/ G6$ F: ALO (: 7; 62$ 9(+ O $ 9) O 6: 9/ F+ A7 EGDF$ 29$& 262FLO (: 9D2*+ B$ F2: 9D
192($ 6O FG) MO G2A+ 7+9FO DO$ O(: 9) 2F2: 9O; A+(+)+ 9FOF: O$;; A: I$6 O F1+ O G+ DF29/ G92( 2;$ 62FLO E1$ 66O &+ O A+? G2B+* O F: O (: 772EE2: 9O $ 9* O DG& 72FO $ O (: 7; A+ 1+9E2I+ O DFG) L A+;$ A+) O& LO$ O62(+ 9D+) O; A:,+ DD2: 9$6O + 9/ 29++ B O $ 9$6LN29/ OF1+ O ,+$ D2& 262FL O 27;$( F O $ 9) F+( 192($ 6OB+? G2A+ 7+9FEO $ EE:( 2$ F+) O J2F1OF1+ O A+? G+ DF+) OGF262FLOE+ AI2(+ O (: 99+( F2: 9 O G( 1 DFG) LOD1$ 66O29( 6G)+ O($;$( 2FLO $ DD+ DD7+ 9FD O 2)+ 9F2, 2($ F2: 9O :, O9+(+ DD$ ALO 29, A$ DFAG( FGA+ 27; A: I+7+9FD O $ 9) O$ O ; A: 3+( F2: 9O:, O6: 9/ F+ A7ODLDF+ 7O27;$( FD O 1+O 2FLOD1$ 66O 1$I+O, G66 GF1: A2FLO F: OA+ I2+J O $;; A: I+O : BO B+ 3+( FOF1+ O, 29) 29/ DO:, OF1+ OD$ 2) ODFG) L O $ 9) O $ 66O (: DFD DD:( 2$ F+* O J2F1O F1+ O ; A+;$ B$ F2: 9O $ 9* O DG' 72DD2: 9O F1+ A+:, OD1$ 66O&+ O &: A9+ OD: 6+ 6LO& LOF1+ G+ EF29/ O G92( 2;$ 62FL
O M( 6+) O # F+ BO 66:($ F2: 9O AI2(+ O D2' 262FMO 9$6MD2DO D1$ 66O '+ O (: 9) G( F+) O F:
F+ B729+ O J1+F1+ BO F1+ O; B:;: D+) O D+ AI2(+ O + KF+ 9E2: 9O B+ DG6FDO 29O$ O9+ FO29( B+$ D+ O29OF1+ A+( L( 6+) O J$F+ AO $ 66:($ F+) O F: O F1+ O 2FL O 9LO GF G9)$ ALO AI2(+ O A++ 7+9FO ,: A D+ J+AO (: 99+( F2: 9DO D1$ 66O + K; A+ ED6LO DF$ F+ O F1$ FO $ 66O A+( L( 6+) O J$F+ AO /+ 9+B$ F+* O , A: 7 J$DF+ J$F+ AO FA+$ F+) O J2F129O F1+ O 2FL DO DLDF+ 7O A+ 7$29DO ;$ AFO :, O F1+ O 2FLO :, O 129: D 66:($ F+) O DG;; 6L O O A2/ 1FD O ( 6$ 27D O : AO + 9F2F6+ 7+9FDO F: O F1+ O A+( L( 6+) O J$F+ AO D1$ 66O &+ B$ 9F+) OF: OF1+ O+ KF+ A9$ 6O $/+ 9( LO: AO )+ I+6:; 7+9FOA+(+ 2I29/ O D+ J+BO D+ AI2(+ 9,A$ DFAG( FGB+ O 772FF++ O I+AD2. 1FO
66O A+? G+ DFDO,: BO 7G92( 2;$ 6O E+ J+AO : AO J$F+ AO (: 99+( F2: 9DO G9*+ AO F12DO B++ 7+9FO D1$ 66O&+ EG' 3+( FOF: O$ O (: 7; B+ 1+9D2I+ OB+ I2+JO& LO F1+ O 9,A$ DFAG( FGA+ O 882FF++ O ! 1+O 9,B$ DFBG( FGA+ 772FF++ O7$ L O$ FO2FDO) 2D( A+ F2: 9 OA+(: 77+9) OF: OF1+ O 2FLO G9( 26OF1+ O2DDG$ 9(+ O:, O$ 9O 262FL F: O BI+ O 6+ FF+ A O 1: J+I+A O DG( 1O A+(: 88+9*$ F2: 9O D1$ 66O 9: FO (: 9DF2FGF+ O $;; B: I$6O :, O F1+ B+? G+ DF+) OD+ BI2(+ O(: 99+( F2: 9
29$ 6O$ GF1: A2FLOF: O$;; A: I+O: AO)+ 9LO$ 9LOD+ AI2(+ O+ KF+ 9D2: 9OB+? G+ DFOD1$ 66OA+ DFOD: 6+ 6LOJ2F1OF1+ 2FLO G9( 26 O O(: 99+( F2: 9O D1$ 66O&+ O ;+ A72FF+) OG96+ DDO$ 9) OG9F26OF1+ O 2FLO G9( 26O/ A$ 9FD 29$ 6O$;; A: I$6
2F2: 9$66L O F1+ O 262FLOF: O BI+ O6+ FF+ AOJ266O29( 6G)+ O$ 9O$( 59: J6+)/ 7+9FODF$ F29/ OF1$ FOF1+ G+ EF29/ O G92( 2;$ 62FLOG9*+ BDF$ 9) EO2FEO$;; 62($ 9FEO $ EEG8+ O(+ C$ 29OB2E5EOJ1+ 9O; B:(++* 29/ J2F1O; A: 4+( FDOF1$ FOA+ 6LO: 9O: GF H9)$ ALOD+ J+AO: AOJ$ F+ AOD+ AI2(+ O" 126+ O 2FLO:, O 129: ODF$- 1+A+ DO F: O $ 66O ,: A7$6O ;: 62( LO A+? G2A+ 7+9FDO 29O ; A:(+ DD29/ O DG( 1O A+? G+ DFD O F1+ O G6F27$ F+ GF(: 8+OB+ 8$29EOG9(+ C%29 O $ EO$;; B: I%6O: BO*+ 92$ 6O2EOE: 6+ 6LO$ FOF1+ O* 2E( B+ F2: 9O:, OF1+ O 2FL G9( 26
@G+ EF29. O 0+9( M DO DFO C2( 2<$ F2: 9O$ 9) O 62($ 9FO 620$ F2: 9DO OF1+ O 2FLO/ B$ 9FEO$;; B: I$6OF: O+ KF+ 9) OE+ BI2(+ OF1+ O 2FLO$ 9) OF1+ O$* 3$(+ 9FO3GB2D* 2( F2: 9OE1$ 66O+ 9F+ AO29F: O 9O$/ A++ 7+9FO: GF62929/ OF1+ O F+ A7DO$ 9) O(: 9) 2F2: 9DO:, OF1+ OD+ AI2(+ O + KF+ 9D2: 9 O 12DO$/ A++ 7+9FO D1$ 66O 29( 6G*+ O' GFO2DO9: FO 6282F+* OF: OF1+ O,: 66: J29/ O ; B: I2E2: 9EO 490
4D4O G: 4O 4KG4? F<A?O A6O F4J4DO ADO J/ G4DO F4DI<24O ? 424FF<G/ G4FO ? 4JO <?6D/ FGDH2GHD4 O G; 4 BB=<2/? GO F:/== O 04O FA=4=LO D4FBA? F<0=4O 6ADO /== O 2AFGFO / FFA2</ G43O J<G: O 2A? FGDH2G<? 9O G: 4 424FF/ DLOF4DI<24O=<?4OADO=/ G4D/= FOGAO 4FG/ 0=<F: OG: 4O2A?? 42G<A?OGAOG: 4O GL FOHG<=<GLO=<? 4 1 6O6HGHE4O 3AJ@FGD4/> O HBF<M<? 9O ADOD4B=/ 25> 4?GO A6O G: 4O4K<FG<? 9O GL AJ?43OHG<=<GLO =<? 4O <F D4CH<D43OGAO / 22A>> A3/ G4O <? 2D4/ F43O 2/ B/ 2<GLO ? 443F O G: 4O/ BB=<2/? GOF:/== O BDAI<34O/ OA? 4N G<> 4 O= H> B FH> O 6/< DOF:/ E4O 2A? GD<0HG<A? OGAJ/ D3OG: 4O2AFGOA7OFH2: O<> BEAI4> 4?GF O34G4D><? 43 B4EOG: 4O& 4DI<24O 4/ F<0<=<GLO LF<F
2 4O/ BB=<2/? GOF:/== O /= FAO04OD4FBA? F<0=4O 6ADO G: 4O B/ L> 4?GOA6O /== O/ BB=<2/ 0=4O 4I4=AB> 4?G B/ 2GO 44FO O /? 3O /? LO D4CH<D43O B/ FF G: DAH9: O 644FO GAO G: 4O 3O B<D4O * G<=<G<4F 94?2LO O<? O/ 22AD3/? 24OJ<G: OBD4I/<=<?9O644O F2: 43H=4FO/? 3O/ 94?2LOD4CH<D4> 4?GF O O&*$ O
4FA=HG<A? O O < FO: 4D40LOFHB4DF4343O/? 3OD4B=/ 243O<? O< GFO4? G<D4GLO0LOG;< FO D4FA=HG<A? O LO BDAI<F<A?F O BA=<2<4F O ADO/ BBDAI/= FO4FG/ 0=<F: 43OH? 34DO% 4FA=HG<A?O O G:/ GO2A? 6=<2GOJ<G: OG:< FO D4FA=HG<A?O/ D4O: 4D40LOD4B4/= 43O/? 3OF:/== O;/ I4O? AO6HDG: 4EO6AD24OADO4842G O OD474D4? 24FOGAO% 4FA=HG<A?O O <? O/? LO4K<FG<? 9O/ 9D44> 4?GF O BA=<2<4F O ADO3A2H> 4?GFOF:/== O 04O<?G4EBD4G43O<? O/ 22AD3/? 24OJ<G; OG:< FOD4FA=HG<A? O OG: 4O4I4? GOA6O/? LO <?2A?F<FG4? 2LO04GJ44? OG:< FO D4FA=HG<A? O /? 3OBD<ADO GLOBA=<2<4F O G: 4OG4D> FOA6OG:< FOD4FA=HG<A?OF:/== O9AI4E? O O O O O' O O# O O
O
O O O O
491
A A A A
A A" A A A@ A
A A A A
A A A 0;? A 2, 91A6- A;/, A 0;? A6- A 056 A+ 6A/, 9,)? A *, 9; 0-? A;/, A- 69,. 605. A!,: 62<; 065A A>(: A+< 2? A(+ 78;,+ A)? A;/, A 056A 0;? A 6<5* 02A(; A( A9,.< 2( 9A4,,; 05. A/, 2+ A65A;/, A A6-A 5, A A)? A;/, A- 6326> 05. A= 6;,: A
A A A
A A A
A A A
A A A A
A A A % A
A
A
492
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
Approve Amendment No. 3 with Proactive Engineering Consultants, dba Q3 Consulting for Euclid Avenue Storm Drain Extension Line I (SD240). ..end
RECOMMENDATION
..recommendation
(1) Approve Contract Amendment No. 3 with Proactive Engineering Consultants, dba Q3 Consulting, Contract No. 2024-206 for $767,870.76 for additional design engineering and environmental services related to Project SD240; (2) Approve an increase to the Capital Improvement Program (CIP) budget for Euclid Avenue Storm Drain Extension Line I – Project SD240 in the amount of $687,806.78 for a total project budget not to exceed $2,564,651.78. (3) Approve a budget transfer in the amount of $687,806.78 from the Preserve Storm Drainage Collection System Facilities Development Impact Fee (Fund 263) to the Storm Drain Capital Fund (Fund 540). (4) Rename project SD240 – Euclid Ave Storm Drain Extension Line I to “Euclid Ave Storm Drain Extension Line I and Pine Ave Storm Drain Extension Line H”; and (5) Authorize the City Manager to execute all necessary documents on behalf of the City. ..body
FISCAL IMPACT
This action will require a budget transfer of $687,806.78 from the Preserve Storm Drainage Collection System Facilities Development Impact Fee (DIF) Fund (263) to the Storm Drain Capital Fund (540). The FY 2026-27 project budget is summarized below:
Project SD240 – Euclid Ave Storm Drain Extension Line I and Pine Ave Storm Drain Extension Line H
Fund Adopted
Budget
Expenditures/
Encumbrances
Appropriation Available
Budget
540 – Storm Drain $1,876,845 $1,746,781.02 - $130,063.98 263 – Preserve Storm
Drainage Collection System
DIF
- - $687,806.78 $687,806.78
*Total Available Project Budget $817,870.76
*Total project budget reflects design costs only.
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
493
CITY COUNCIL MEETING DATE: OCTOBER 6, 2026
TITLE: APPROVE AMENDMENT NO. 3 WITH PROACTIVE ENGINEERING CONSULTANTS, DBA Q3 CONSULTING FOR EUCLID AVENUE STORM DRAIN EXTENSION LINE I (SD240).
PAGE: 2
Responsible Long-Range Planning
Public Service Excellence through Internal and External Partnerships Revenue: Expenditure: 5407360-48004-40010-SD240
Transfer In: Transfer Out:
494
CITY COUNCIL MEETING DATE: OCTOBER 6, 2026
TITLE: APPROVE AMENDMENT NO. 3 WITH PROACTIVE ENGINEERING CONSULTANTS, DBA Q3 CONSULTING FOR EUCLID AVENUE STORM DRAIN EXTENSION LINE I (SD240).
PAGE: 3
BACKGROUND
Euclid Avenue Storm Drain Line I is a proposed stormwater conveyance facility identified in the Master Plan of Drainage (MPD) serving both the City of Chino and Ontario. The proposed span of Storm Drain Line I within City of Chino limits is approximately 19,200 linear feet (approximately 3.6 miles) to convey stormwater through doublewide box culverts along Euclid Avenue from Merrill Avenue to an outfall at Prado Regional Park lakes. The proposed facility would capture upstream runoff from approximately 1,898 acres of tributary area in the City of Ontario which enters the system at a segment of Storm Drain Line I already constructed by City of Ontario, terminating 600 feet downstream of Merrill Avenue.
On March 13, 2023, the Cities of Chino and Ontario formally requested the San Bernardino County Flood Control District (SBCFCD) to cost share 50-percent of the design and construction of Storm Drain Line I. On April 18, 2023, the City of Chino approved a Memorandum of Understanding with the City of Ontario for shared financing of the design and construction of Storm Drain Line I. A tri-party agreement amongst the Cities of Chino, Ontario, and SBCFCD is currently in review and will be brought to City Council for approval at a later date. Once approved by all parties, a portion of the design and construction costs will be reimbursable under this agreement.
The Pine Avenue Widening and Euclid Avenue Intersection Improvements Project (ST203) began design in 2019 and has progressed to the 65-percent plan stage. Because the construction of Storm Drain Line I would alter improvements planned within the ST203 project limits, City staff initiated the design of Storm Drain Line I to allow both sets of improvements to be constructed concurrently.
On February 6, 2024, the City Council awarded a Professional Services Agreement to Proactive Engineering Consultants, dba Q3 Consulting (Q3) for Engineering Design Services for Project SD240 for a not-to-exceed amount of $1,706,965. Amendments No. 1 and 2 were executed to extend the term of the agreement for additional fiscal years.
ISSUES/ANALYSIS
The Storm Drain Line I feasibility phase has required extensive coordination and analysis prior to final design efforts. City staff and Q3 met with various stakeholders including San Bernardino County Regional Parks, SBCFCD, Orange County Public Works and Flood Control District, United States Army Corp of Engineers (USACE), and City of Ontario several times throughout the preliminary design to ensure all elements and alternatives were properly vetted. Q3 initially evaluated five potential alignments and developed a matrix to rank factors based on:
environmental and regulatory permitting, availability of right-of-way, maintenance, traffic impacts, utility conflicts, hydraulic efficiency and feasibility, and cost. After stakeholder input, Q3 further evaluated eight design alternatives to address concerns regarding sediment transport and resuspension of sediment within the Prado Regional Park lakes as brought forth by the San Bernardino County Regional Parks department and to meet the Trash Policy provisions imposed by the State Water Resources Control Board.
The selected alignment for Storm Drain Line I, as presented to the Streets/Infrastructure Committee Meeting on July 28, 2026, conveys storm water flows to the existing drainage pattern at the southeast corner of Pine Avenue and Euclid Avenue on property owned by Orange County Flood Control District (OCFCD). This alignment proposes an open channel downstream of Pine Avenue that will incorporate a series of grade-controlled structures to attenuate flow and allow sediment, debris and trash to settle. To address potential mitigation 495
CITY COUNCIL MEETING DATE: OCTOBER 6, 2026
TITLE: APPROVE AMENDMENT NO. 3 WITH PROACTIVE ENGINEERING CONSULTANTS, DBA Q3 CONSULTING FOR EUCLID AVENUE STORM DRAIN EXTENSION LINE I (SD240).
PAGE: 4
offset requirements as well as to restore water quality benefits, this alternative also includes a Natural Treatment System (NTS), or constructed wetland, that will capture and treat low flows from the tributary drainage area and incorporate a habitat for local, native species.
A portion of the selected alignment is located within the limits of the Pine Avenue Widening and Euclid Avenue Intersection Improvements project (ST203), which is currently in design with Proactive Engineering. As preliminary design for SD240 has advanced, an opportunity was identified to add the City’s master-planned Storm Drain Line H conveyance from Mayhew Avenue west to its confluence with Storm Drain Line I and direct it through a single crossing under Pine Avenue (Exhibit A).
Because the disturbance areas for Storm Drain Line I, Storm Drain Line H, and Project ST203 significantly overlap in environmentally sensitive areas, consolidating the permitting and environmental documentation for these projects will allow the City to complete the regulatory review once and streamline environmental assessment and mitigation efforts.
City staff recommend amending Q3’s professional services agreement to include the following additional work:
1. Storm Drain Extension Line H: The added scope includes design of the master planned storm drain facility from Mayhew Avenue to the proposed flood control channel confluence with Storm Drain Line I, including a culvert crossing of Pine Avenue.
2. Open Channel and NTS: The added scope includes design of a 160-foot-wide open channel spanning 1,500 feet with grade control structures, and approximately 2-acre NTS to capture and treat dry weather runoff on the south side of Pine Avenue.
3. CLOMR/LOMR Preparation: If required by OCFCD, this additional task includes preparation of a Conditional Letter of Map Revision (CLOMR) and final Letter of Map Revision (LOMR) for FEMA’s review and approval for improvements within the defined 100-year floodplain on OCFCD owned properties.
4. Environmental Documentation for Expanded Limits: The expanded scope includes preparation of supporting environmental documentation and species surveys to satisfy the CEQA and NEPA requirements for the supplemental limits of work (Open Channel and NTS south of Pine Avenue, Storm Drain Line H and Project ST203).
5. Regulatory Permitting: The expanded scope includes preparation of necessary permit application packages and supporting documents in order to obtain necessary regulatory permits for the supplemental limits of work.
6. Potholing: Budget will be expanded to perform an additional 20 potholes for the supplemental limits of work.
7. Utility Coordination: The added scope includes coordination of efforts for overhead electrical and dry utility facility relocations along Pine Avenue between 200 feet west of Euclid Avenue and Mayhew Avenue.
8. Right-of-Way Acquisition: The added scope includes right-of-way estimating, fee appraisal, and lead of partial acquisition process from USACE and OCFCD owned parcels.
Tasks associated with Environmental Documentation, Regulatory Permitting, Utility Coordination and Right of Way Acquisition were previously authorized under a separate professional services agreement for Project ST203. To streamline these efforts and to gain efficiency with consolidating environmental documentation and permitting, the City terminated the contract for Environmental Compliance, Regulatory Permitting, Right-of-Way Coordination, 496
CITY COUNCIL MEETING DATE: OCTOBER 6, 2026
TITLE: APPROVE AMENDMENT NO. 3 WITH PROACTIVE ENGINEERING CONSULTANTS, DBA Q3 CONSULTING FOR EUCLID AVENUE STORM DRAIN EXTENSION LINE I (SD240).
PAGE: 5
and Utility Coordination Services for the Pine Avenue Widening and Pine/Euclid Intersection Project (ST203).
Staff recommend that the City Council approve Amendment No. 3 for $767,870.76 with Q3 for additional design engineering and environmental services related to the Euclid Avenue Storm Drain Extension Line I and Pine Avenue Storm Drain Extension Line H Project. Amendment No. 3 will also extend the term of the contract through June 30, 2032, to better align with the anticipated design schedule under the expanded scope. Approval of this amendment aims to eliminate redundancy of work and reduce impacts to the community and environment through consolidation of construction activities along the Pine Avenue corridor.
Attachments: Exhibit A – Line “I”, Line “H” and Pine Ave Widening Scope Limits Map Exhibit B – Amendment No. 3 – Q3
497
498
Project Name/No.: SD240 – Euclid Ave. SD Line I Contract No.: 2024-206 (A3) _ Project Manager: PW/ M. Hindersinn Approved: ________________ AMENDMENT NO. 3
TO AGREEMENT FOR SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR SERVICES (“Amendment”) by and between the CITY OF CHINO, a California municipal corporation (“City”) and Proactive Engineering Consultants dba Q3 Consulting, a California Corporation (“Consultant”) is effective as of the 1
st day of July, 2026.
RECITALS
A. City and Consultant entered into that certain Agreement for Contractual Services dated February 6th, 2024, (“Agreement”) whereby Consultant agreed to provide Design Engineering Services for SD240 – Storm Drain Line I Project.
B. City and Consultant entered into a First Amendment to the Agreement dated July 1, 2024, to add to the scope of services and extend the term of the Agreement for an additional Fiscal Year (2024-25).
C. City and Consultant entered into a Second Amendment to the Agreement dated July 1, 2025, to extend the term of the Agreement for an additional Fiscal Year (2025-26).
D. City and Consultant now desire to amend the Agreement to extend the term of the Agreement, add to the scope of services, increase compensation, and incorporate an updated Schedule of Performance.
TERMS
1. Contract Changes. The Agreement is amended as provided herein. (a) The Scope of Services provided in Exhibits “A-1” and “A-2” of the Agreement is amended to include the additional services specified in Exhibit “A-3”, attached hereto.
(b) The Schedule of Compensation provided in “Exhibit C” of the Agreement is amended to incorporate the updated fee schedule described in “Exhibit C-2,” attached hereto.
(c) The Schedule of Performance provided in “Exhibit D” of the Agreement is amended and replaced with the updated Schedule of Performance provided in Exhibit “D-2,” attached hereto.
(d) Section 2.1, Contract Sum, is hereby revised to read in its entirety as follows:
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as 499
01225.0001/863605.1
Exhibit “C” and Exhibit “C-2” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Two Million Four Hundred Seventy-Four Thousand Eight Hundred Thirty-Five Dollars and Seventy-Six Cents ($2,474,835.76) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10. (e) Section 3.4, Term, is hereby revised to read in its entirety as follows:
“Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, which shall be no later than June 30, 2028, except as otherwise provided in the Schedule of performance (Exhibit “D”). Consultant shall complete the services within the Term of this Agreement and shall meet any other established schedules and deadlines.”
2. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Consultant represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
5. Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE]
500
01225.0001/863605.1
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first-above written.
CITY:
CITY OF CHINO, a municipal corporation
Linda Reich, City Manager
ATTEST:
Natalie Gonzaga, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
ALESHIRE & WYNDER, LLP
_____________________________ _____________________________ Fred Galante, City Attorney Hye Jin Lee, PE, Director of Public Works CONSULTANT:
PROACTIVE ENGINEERING CONSULTANTS
DBA Q3 CONSULTING
By:
Name: John McCarthy, PE
Title: Vice President
By:
Name: Remi Candaele, PE
Title: Director
Address: 27051 Town Centre Dr., Suite 270
Foothill Ranch, CA 92610
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.
501
Exhibit "A-3”
Scope of Services
The Client and Q3 Consulting (Consultant) for mutual consideration hereinafter set forth, and agree as follows:
Task 1 – Hydrology and Hydraulics
Subtask 1.4 – Line H Hydraulic Analyses
Q3 will prepare hydrologic and hydraulic computations to support the sizing of Line H, its lateral storm drains, and catch basins. All calculations will be performed per SBCFCD Standards. A supplemental hydrology map will be created. Q3 will update the Master Hydrology and Hydraulics Report with the calculations, maps, and description related to Storm Drain Line H.
Deliverables:
• One (1) Master Hydrology and Hydraulics Report in PDF Subtask 1.5 – Channel Hydraulic Analyses
Q3 will provide engineering services to perform hydraulic modeling for the historical Line I/H channel within the OCFCD property. The hydraulic model will be prepared using the WSPG computer program for the 1,500 feet long channel reach. The existing condition model will be revised to incorporate the proposed alternative, including the inline grade control structures and revetment. The hydraulics of the alternative will be evaluated and compared with the OCFCD design requirements and for impacts to the existing condition hydraulics. Q3 will incorporate the results of the evaluation into the Master Hydrology and Hydraulics Report.
A memorandum will be prepared to demonstrate the capture equivalency of the drop control structures and the NTS to the Statewide Trash Amendments.
Deliverables:
• One (1) Master Hydrology and Hydraulics Report in PDF Subtask 1.6 – CLOMR/LOMR
Q3 will provide engineering services to prepare a HEC-RAS hydraulic model and/or corrected effective model for the 1,500 feet long study reach based on the existing topography and proposed design. No 500-year analysis is included as a part of this task.
Q3 will prepare a Conditional Letter of Map Revision (CLOMR) submittal package to FEMA for improvements at the project site, notably a detailed workmap, annotated DFIRM, and report. Q3 will assist the City in obtaining OCFCD’s signature on the MT-2 form.
A-3 - 1
502
Q3 will provide engineering services for the processing of the LOMR submittal package with the City and FEMA staff, including FEMA’s reviewing consultant. Processing will include correspondence with FEMA and their reviewing consultant.
Deliverables:
• One (1) CLOMR application package
• One (1) LOMR application package
Subtask 1.7 – Natural Treatment System Design Report
Q3 will prepare a Natural Treatment System (NTS) Design Report to support the selection and sizing of NTS components. Sizing will be consistent with NTS Guidelines by the Irvine Ranch Water District and local jurisdiction. The NTS will be configured to optimize hydraulic residence time (HRT) based on expected hydraulic loading rates (HLR) and available space. No monitoring sampling will be performed.
The NTS will be designed as an offline facility receiving dry-weather flows and first flush only within a controllable water depth.
Deliverables:
• One (1) NTS Design Report in PDF
Task 2 – Feasibility Study (No Changes)
Task 3 – Survey
Subtask 3.5 – Supplemental Topographic Channel
Q3 will perform supplemental field survey within the OCFCD property to spot elevations, trees, and other structures to design the channel, the natural treatment system, and the transition back to the existing ground. Right-of-entry permits will be obtained from OCFCD.
Deliverables:
• One (1) AutoCAD drawing file with the topographic line work for the limits of work Subtask 3.6 – Right-of-Way Acquisition
Q3 will work with subconsultant EPIC to obtain additional right-of-way from USACE (Parcel 1056-281-01) and OCFCD (1056-392-05 and 1056-392-06, 1056-281-02, 1056-271-03, -04 and -05, 1056-271-02). Subtasks will include right of way estimating, project estimation, fee appraisal, and lead the partial acquisition process under the direction of the City Staff.
Title Review - EPIC will obtain up to eight (8) preliminary title reports (PTR) for the proposed land acquisitions. EPIC will perform a desk review of the title report and survey exhibits available including legal descriptions and plat maps (if applicable) to research and verify real property ownership and identify any encumbrances. EPIC will assist in clearing encumbrances to conveying title prior to closing.
Appraisal Report - A qualified appraiser employed or subcontracted by EPIC will provide an opinion of fair market value for the proposed parcel acquisition in the form of an appraisal report (up to 8 total).
The appraisal will conform to the USPAP, the Appraisal Institute’s Code of Ethics, and federal policies A-3 - 2
503
and regulations, where applicable. The appraiser will conduct a visual property inspection to identify property attributes, including the availability of utilities, topography, drainage, external site influences, traffic patterns and surrounding uses, access, frontage, visibility, quantity, quality and condition of improvements. Following the inspection, the appraiser will research and analyze market conditions relevant to the property type and investigate public records for the property’s zoning, entitlement status, general plan and flood hazard area classification, as well as investigate the property tax assessor’s records for attributes of the property and project details and mapping, if applicable. Once these identifications are made, the highest and best use conclusion is formed, and data can be gathered to apply the appropriate approaches to value. These approaches are the sales comparison, cost, and income. The final step is reconciliation of the various indications of value into a single estimate. After the appraisal has been performed, an appraisal report which conforms to USPAP will be provided. Upon completion, the appraisal report will be provided to the City for approval of Amount of Just Compensation.
Prepare Offer Package and Negotiations - EPIC will prepare purchase offer documents, including purchase offer letter, appraisal report, and list of compensable items, in accordance with state or federal regulations and the approval of the City.
The EPIC ROW Agent will then present the written purchase offer to the property owner or their representative and begin to negotiate for the purchase of property rights in good faith. Upon initiating the negotiation process, the agent will establish a positive rapport, trust, and a reliable working relationship with the property owner in order to create an atmosphere in which successful negotiations can be conducted. The property owner will be given a detailed explanation of the property interest being acquired and the proposed design and construction details as it affects the property. The agent will advise regarding the acquisition process and follow-up to continue negotiations and settle via voluntary means. The agent is responsible for preparing and assembling acquisition contracts, deeds, and related acquisition documents required for the acquisition of all necessary property interests. The EPIC Project Manager will review all project files for quality assurance to make sure all acquisition files meet all local, state, and federal laws and regulations, as well as being compliant with federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) requirements.
Escrow Coordination - Once signatures from the property owner and the client on acquisition agreement(s) have been obtained, EPIC will open escrow and oversee the escrow process to obtain signature on all necessary documentation such as grant deeds and temporary construction easement deeds to convey title and transfer funds. At the close of this process, EPIC will transmit closed acquisition documents to the City.
Work assumes that no third-party appraisal review, or eminent domain support, or litigation guarantees, are required.
Deliverables:
• Notice of Decision to Appraise (NODA) letter(s)
• Appraisal Report(s) (up to 8)
• Order and Review PTR(s) (up to 8)
• Acquisition Offer Document package
• Escrow Documents
• Final Title Policy
A-3 - 3
504
Task 4 – Geotechnical Report
Subtask 4.1 – Geotechnical Investigations (Updated)
Q3 will work with subconsultant Converse to secure access and permits for the drill exploratory borings from the City and Orange County Flood Control District.
Subconsultant Converse will perform pavement and soil investigations along the preferred project alignment. Subsurface investigations will support the determination of existing pavement thickness, classify sub-surface soils, provide geotechnical parameters for RCP design, evaluate trench slope stability, and provide trench backfill recommendations. Exploration to include twenty-three (2) borings, 13 at a depth of 30 feet along Euclid Ave, 2 at a depth of 50 feet along Euclid Ave, 4 for the flood control channel and the wetlands at a depth of 20’, and 4 percolation tests at a depth of 10 feet along the project alignment.
Sub-consultant Converse will prepare a geotechnical design report to provide design recommendations, including:
• Evaluation of ground rupture potential due to earthquake faulting. • Seismic design parameters based on 2025 California Building Code (CBC). • Description of onsite material and analysis of its suitability for use as fill, bedding, or backfill. • Preparation of foundation soil below the storm drain system including depth of soil removal (over-excavation), ground scarification, fill placement and compaction. • Stability and erosion potential of cut slopes. If required, slopes will be evaluated for stability under static, seismic, and rapid drawdown conditions.
• Recommendations for trenching, trench stability and excavation, shoring, backfill, suitability of excavated material as backfill, pavement section recommendations, soils bearing capacity, groundwater condition and dewatering, pipe bedding requirement, temporary excavations, and soil parameters for the design of shoring. • Soil parameters such as allowable bearing pressures, lateral earth pressures, and coefficient of friction for the design of storm drain and earth retaining structures. • Recommended Rankin’s Factor (Ks) and sliding coefficient (phu) values for use on RCB and RCP D-Load calculations. Recommended subgrade reaction (Ks) for the associated allowable bearing pressures, design earth lateral pressure, R-value, moisture content, density, gradation, consolidation, expansion, shear resistance, sand equivalence, soils corrosivity, shoring/trench safety, coefficient of friction. Percentage of sand, silt and clay to determine soil erodibility factor (K) using Erickson nomograph. Site preparation including compaction requirements and characteristics of native soils], and/or both criteria. • Stable slopes for proposed excavation.
• Recommendations for unusual soils conditions or groundwater conditions during construction, if encountered.
• Recommendations for any anticipated shrinkage and subsidence.
A-3 - 4
505
• Discussion on the necessity of dewatering during construction (no study).
Traffic control by a professional company will include signs and cones in accordance with the WATCH manual. Preparation of a traffic control plan is not included and, if required, a separate scope and fee will be provided for review and approval. Borings will be backfilled with soil cuttings mixed with cement and the pavement section will be replaced with quick-set cement and the surface sprayed with black dye to blend with the adjacent surface as much as possible.
Soil corrosivity at Pine Avenue will be per the Soil Corrosivity Evaluation Report prepared by Project X Corrosion Engineering (2023).
Deliverable(s):
• One (1) geotechnical investigations report in PDF format summarizing the findings and recommendations for the project.
Deliverables:
• One (1) Geotechnical Design Report in PDF
Task 5 – Research
Subtask 5.3 – Supplemental Potholing
The existing contract includes a budget of 20 potholes. At the request of the City, a supplemental budget has been included to perform up to 40 potholes. Potholes will be cold patched. The preparation of traffic control plans is included. Traffic control will be performed per the WATCH Manual.
Deliverables:
• One (1) Utility Potholing Report in PDF
Task 6 – Permitting
Subtask 6.8 – Supplemental Species Survey
Q3 will work with subconsultant RVA to prepare supplemental species survey to include Storm Drain Line H (including Pine Avenue Widening) footprint and the proposed channel. These surveys required to be conducted during the nesting season period (April 10th – August 15th), including:
Focused Surveys for Least Bell’s Vireo - The additional (Delta) effort will be for Line H (including Pine Ave Widening) area. RVA will conduct eight (8) surveys, and each will be held 10 days apart during the period between dawn (AM) to 11:00AM. A report will be prepared to document the findings.
Burrowing Owl Survey - The additional (Delta) effort will be for Line H (including Pine Ave Widening) area. RVA will conduct three (3) surveys and held between 2-4 weeks apart. A report will be prepared to document the findings.
A-3 - 5
506
Crotchet Bumble Bee Survey - This effort will be for Line I, Line H (including Pine Ave Widening) area.
RVA will conduct three (3) surveys and held between 2-4 weeks apart. A report will be prepared to document the findings.
Rare Plants Survey - This effort will be for Line I, Line H (including Pine Ave Widening) area. RVA will conduct five (5) surveys and be held within 3 weeks apart. A report will be prepared to document the findings.
Deliverables:
• Species Survey Reports in PDF
Subtask 6.9 – Supplemental CEQA IS/MND
Q3 will work with subconsultant RVA to prepare supporting environmental documentation for an Initial/Mitigated Negative Declaration to satisfy the CEQA requirements for the supplemental limits of work. This includes Biological Resources Assessment/Jurisdictional Delineation, Cultural Resources Assessment, Air Quality/Greenhouse Gas/Energy/Noise Analysis.
Deliverables:
• Final IS/MND and Notice of Determination in Electronic Format Subtask 6.10 – Supplemental USACE NEPA
Subconsultant RVA will prepare an Administrative Draft Environmental Assessment (EA) to determine if the Project will have a significant effect on the environment, using USACE LA District procedures and policies, which will contain a description of the Project as it pertains to the Section 408 permission and Section 404 permit, the Project location, and a description of the environmental setting of the Project site. The document will incorporate the supplemental limits of work.
Deliverables:
• Final Environmental Assessment (EA) in Electronic Format Subtask 6.11 – Supplemental Regulatory Permitting
RVA will prepare the necessary permit application packages and supporting documents in order to obtain the necessary permits and agreements for the project which include Section 408 for all modifications to the Congressionally authorized and constructed USACE project, 404, 401, 1602 permits, as well as County encroachment permits. The supplemental regulatory permitting will be required for the channel and the proposed natural treatment system.
Deliverable(s):
• Filing for Sections 408, 404, 401, and 1602 Permits
• Filing for Section 214 funding agreement.
Subtask 6.12 – OCPW Encroachment Permit Support
Q3 will work with the City to obtain an encroachment permit from OCPW. The Permit request will be submitted by the City. Q3 will participate in stakeholder meetings and provide supporting documentation to address comments from OC Real Estate, OCFCD, OC Environmental Resources, OC Development Services, OC Construction/PM, and OC Operations & Maintenance.
A-3 - 6
507
Deliverables:
• As-Needed
Task 7 – PS&E (30, 65 AND 100% CDs)
Subtask 7.2 – SD Plans – Line I (Adjustment)
Q3 and subconsultant EXP will prepare a 20’ scale storm drain improvement plan that includes plan and profile. Include stationing and elevations of junction structures, catch basins, and laterals. Profile sheets will include Q, maximum velocity, HGL, and details. Design of inlets and laterals will per City, Caltrans, and San Bernardino County Standard Plans and Special Provisions. Plans to be submitted for review at the 30%, 65%, 95%(interim), and 100% stages. Limits of the storm drain plans are from Merrill Avenue to Pine Avenue.
Supplemental work will include the design of the double 14’x6’ RCB cross-culvert at Pine Avenue joining the existing wetlands located north and south of Pine Avenue. The proposed RCB will generally follow Caltrans Standard Plan D81 and D83A. The proposed outlet structure and energy dissipation feature into the flood control channel will be designed consistent with Caltrans Standard Plan D85 and D86.
Deliverables:
• One (1) set of 20’ scale storm drain plans in PDF
Subtask 7.3 – Street Improvements (Adjustment)
For areas where significant demolition and roadway impacts are necessary for the construction of the storm drain, EXP will prepare roadway plans to ensure the contractor reconstructs to the preconstruction conditions. EXP will research existing as-builts and use existing mapping to develop the roadway geometry and profile.
Record drawings shall be provided by City. Subconsultant EXP will prepare 20’ scale street improvement plans, including paving, accessibility, striping and signing to restore existing infrastructure in kind within the limits of work. Plans and details will be per existing record drawings. The plans will also show any utilities, utility appurtenances, and any adjustments or relocations of existing utility boxes and the limits of pavement replacements. 20-foot scale blowup details will be created for the crossings at Kimball Ave, Bickmore Ave, and to Pine Ave. Limits of the street improvement plans are from Merrill Avenue to Pine Avenue.
Deliverables:
• One set of street improvement plans in PDF at 30%, 65%, and 95% (interim) • One set of street improvement plans on bond paper at 100% Subtask 7.4 – Traffic Signal Improvement Plan (Adjustment) Subconsultant EXP will prepare traffic signal modification plans to replace existing infrastructure in-kind.
Record drawings shall be provided by City. Annotated record drawings will be consistent with the standards and requirements of the City, California Manual on Uniform Traffic Control Devices (MUTCD), and Caltrans.
A-3 - 7
508
Limits of the traffic signal improvement plans are from Merrill Avenue to Pine Avenue.
Deliverables:
• One set of traffic signal improvement plans in PDF at 65%, and 95% (interim) • One set of traffic signal improvement plans on bond paper at 100% Subtask 7.8 – Structural Improvement Plan (Adjustment)
Subconsultant EXP will prepare structural improvement plans for structural design for wing walls, aprons, cutoff walls, junction and transition structures, up to five structures. The proposed RCB will generally follow Caltrans Standard Plan D81 and D83A. Structural Calculations will be performed for any non-standard features using AASHTO LFRD Design Specifications.
Structural detail sheets will be developed to include sufficient information to illustrate the structural design intent. Enough information will be added to the plans to show layout, dimensions, reinforcement requirements and detail connections.
Structural details will be prepared for the channel inlet, grade control structure, and diversion structure into the natural treatment system.
Deliverables:
• One set of structural improvement plans in PDF at 65% and 95% (interim) • One set of structural improvement plans on bond paper at 100% Subtask 7.10 – Construction Staging/Traffic Control Plans (Adjustment) Subconsultant EXP will prepare 20’ scale construction staging and traffic control plans for the extents of the actual construction work zone. Construction staging plans will indicate responsibilities, equipment weight and routes, material storage locations, trailer location, traffic control consistent with the traffic control plans, parking and cleanup., including paving, accessibility, striping and signing to restore existing infrastructure in kind within the limits of work.
Traffic control plans will be consistent with the City of Chino standards and requirements of the contractor’s construction operation needs, and the watch manual and MUTCD.
Construction staging plans and traffic control plans are provided for reference only. Construction staging plans and traffic control plans shall be prepared by the Contractor selected by the City. Limits of the construction staging/traffic control plans are from Merrill Avenue to Pine Avenue.
Deliverables:
• One set of construction staging/traffic control plans in PDF at 65% and 95% (interim) • One set of construction staging/traffic control plans on bond paper at 100% Subtask 7.15 – Relocation Support of SARI Line
A crossing of the existing 39-inch SARI Line is anticipated at Pine Avenue for both Line I and Line H, and the cross-culvert. The anticipated vertical alignments of both Line I and Line H may result in the storm drains sitting on top of the SARI line with limited vertical separation. Multiple options will be evaluated A-3 - 8
509
and presented to the City, including protection-in-place, structural encasement to support the loads from the storm drain, and full relocation of the SARI line, which will still require crossing by the proposed storm drain lines.
Q3 will work with subconsultant EXP to prepare a structural encasement detail and supporting structural calculations. A budget for coordination with SAWPA has been included. A full relocation design is not included, as a preferred re-alignment should be determined.
Deliverables:
• One (1) structural encasement detail in PDF
Subtask 7.16 – Undergrounding of SCE/Dry Utilities
PEC’s dry utility division will lead the coordination of the overhead SCE and dry utility lines along Pine Ave between 200 feet west of Euclid Ave and Mayhew Ave. All third-party fee to be paid by the City. No interim natural gas relocation is anticipated. Specifically:
Planning - Process submittals to the Dry Utility Companies for their records. Once records have been obtained, research the Project Area to acquaint ourselves with the dry utilities. Meet with the Project Team to review our findings and discuss/resolve impacts. Meet with the project team to initiate process of estimated loads for electrical which will be required for the SCE Circuit Capacity” study.
Conceptual Layouts - Prepare conceptual DU infrastructure layouts and dry utility budget cost estimates with anticipated points of connection, locations of vaults, and other subsurface and above grade infrastructure.
Power/Telephone/CATV Design Coordination for Interim Aerial Relocations - Meet and coordinate with Power/Telephone/CATV personnel on the project. Prepare exhibits and review same with Project Team and Power/Telephone/CATV representatives. Assist Power/Telephone/CATV planner with preparation of "Redline" plans and review same with Project Team. Establish locations of aerial facilities to ensure impacts are minimized. Assist Client in obtaining contracts, letters of agreement, right-of-way issues and related documents with respect to the Power/Telephone/CATV activity for this phase of the project.
Prepare for, attend, and respond to action items resulting from attendance to one (1) Pre-Construction meeting at direction of City.
Power/Telephone/CATV Design Coordination for OHD to UGD Relocations - Meet and coordinate with Power/Telephone/CATV personnel on the project. Prepare exhibits and review same with Project Team and Power/Telephone/CATV representatives. Assist Power planner with preparation of "Redline" plans and review same with Project Team. Establish locations of UGD facilities to ensure impacts are minimized. Allow time by Project Team for “Red-line” design reviews between Power/Telephone/CATV purveyors and Project Team to establish agreed upon plan. Distribute copies of approved "Redline" plans to all purveyors, and members of the Project Team if needed. Monitor Project Team’s designs and address changes to their respective plans with Power/Telephone/CATV. Assist Client in obtaining contracts, letters of agreement, right-of-way issues and related documents with respect to the Power/Telephone/CATV activity for this phase of the project. Provide analysis and recommendations to City related to contracts and assist City in processing of same. Prepare for, attend, and respond to action items resulting from attendance to one (1) Pre-Trench meeting at direction of City.
Power “New Business” Design Coordination for Power Service to Streetlight Meter Pedestal - Coordination with design team regarding New Business Power plans. Meet and coordinate with Power A-3 - 9
510
personnel on the project. Prepare exhibits and review same with Project Team and Power representatives. Assist Power planner with preparation of "Redline" plans and review same with Project Team. Establish locations of Power facilities to ensure impacts are minimized. Allow time by Project Team for “Red-line” design reviews between Power Company and Project Team to establish agreed upon plan. Monitor Project Team’s designs and address changes to their respective plans with Power.
Assist City in obtaining contracts, letters of agreement, right-of-way issues and related documents with respect to the Power activity for this phase of the project. Provide analysis and recommendations to City related to contracts and assist City in processing of same.
Dry Utility Composite Plans & Exhibits - Prepare and distribute all plans and exhibits required by the utility companies to coordinate the dry utilities. Coordinate and update Civil base files for a Dry Utility Composite Plan. Prepare a proposed dry utility composite plan for the coordination of DU with the Project Team.
Deliverables:
• Assist in obtaining contracts, letters of agreement, right-of-way issues and related documents for Power/Telephone/CATV
Subtask 7.17 – Gas Line Relocation
PEC/Q3 will lead the coordination with SoCalGas (SCG) to relocate the 4-inch natural gas line. Subtasks will include: (1) Coordination with design team regarding Gas relocation plans; (2) Meet and coordinate with Gas personnel on the project. Prepare exhibits and review same with Project Team and Gas representatives; (3) Assist Gas planner with preparation of "Redline" plans and review same with Project Team. Establish locations of trenches to ensure impacts are minimized. Allow time by Project Team for “Red-line” design reviews between Gas Company and Project Team to establish agreed upon plan. (4) Assist City in obtaining contracts, letters of agreement, right-of-way issues and related documents with respect to the Gas activity for this phase of the project. Provide analysis and recommendations to Client related to contracts and assist Client in processing of same.
Deliverables:
• Updated plans and specifications in PDF to IEUA
• Updated plans and specifications in PDF to DGS
Subtask 7.18 – Line H Storm Drain Plans
Q3 will prepare the 20’ scale storm drain plan that includes plan and profile, stationing and elevations of junction structures, catch basins, and laterals. Includes junction structures from existing storm drain laterals. This includes storm drain lateral H-1-1.
Deliverables:
• One (1) set of 20’ scale storm drain plans in PDF
Subtask 7.19 – Channel Civil Plans
Q3 will prepare the design plan for a soft-bottom channel, including final planform, 20’ scale grading profile and section, grade control and sediment capture detail sheets, typical channel section and miscellaneous, and maintenance plan. Plans shall include grading limits, permit limits, lot lines and A-3 - 10
511
dimensions, upland pad elevations, slope contours (slopes over five feet high), earthen berms, top/toe of slopes, ridgelines, flowlines, spot grade elevations, grading details/sections and any other detailed information required to adequately define the proposed finished ground surface elevations.
Corrective/Remedial grading measures that may be identified the project geotechnical design report shall be incorporated into the plan. Q3 will incorporate an access maintenance path, maintenance ramps to each grade control structure, and standard fencing and gates per standard plans. Plans will be consistent with applicable standard drawings published by San Bernardino County, OCFCD, APWA, Caltrans, and other relevant standards.
Deliverables:
• One (1) set of 20’ scale channel civil plans in PDF
Subtask 7.20 – Channel Erosion and Sediment Control Plans Q3 will prepare 20’ scale erosion and sediment control plans for the extents of the channel. The plans will identify the vegetative measures and barriers to achieve soil stabilization and soil retention, respectively. The preparation of a Water Diversion Plan will be identified as required and deferred to the Contractor.
Deliverables:
• One (1) set of 20’ scale channel erosion and sediment control plans in PDF Subtask 7.21 – Channel/NTS Planting and Irrigation Plans Q3 will work with subconsultant Clark & Green to prepare a 30% design development concept of the flood control channel and the wetlands to include design, layout, refinement and coordination of maintenance access ramps and routes, potential trails, respites, above grade utilities and other site design features (if any).
Upon approval of the design development concept, Clark and Green will prepare a 20’ scale planting and irrigation plan for the proposed flood control channel and incorporated vegetated sections. Plan will include irrigation plan and details, and planting plan and details on standard sheets. Irrigation plans will include water conserving irrigation design, calculations and details to meet local codes and criteria.
Planting plans will include riparian, drought tolerant or native planting, consistent with the latest water conservation standards.
Q3 will work with subconsultant Clark & Green to prepare a 20’ scale planting and irrigation plan for the proposed NTS. Planting will focus on native wetland, riparian plant palettes based on hydrozoning. Soil amendments will be specified to allow the growth of selected riparian planting. Irrigation will identify temporary irrigation systems to help establish native planting and consistent with water conservation ordinances. Agency approval will be obtained.
Deliverables:
• One (1) design development concept in PDF
• One (1) set of 20’ scale channel and NTS planting and irrigation plans in PDF Subtask 7.22 – Channel Specifications
A-3 - 11
512
Q3 will supplement the Project Specifications by incorporating provisions pertaining to trash and debris removal, site preparation, earthwork, erosion control, channel and special structure materials, pavement, planting methods. Project Specifications will be based on the most current City boilerplate Bid Package and the Greenbook for this specific project and include anticipated project quantities.
Proposed modifications will be redlined.
Deliverables:
• One (1) set of redlined Project Specifications in Word Subtask 7.23 – Channel Engineer’s Estimate
Q3 will supplement the Project Engineer’s estimate of probable costs by performing quantity takeoffs at each milestone submittal and providing an opinion of probable costs using industry standard unit costs, ENR construction costs, and available City cost database.
Deliverables:
• One (1) set Engineer’s Estimate in Excel
Subtask 7.24 – NTS Civil Plans
Q3 will prepare the NTS civil plan set, including:
- Grading and earthwork for the low-flow channel diversion, inlet pool, open water, shallow water planform with emergent bulrush, riparian and wetland areas. Includes grading for the access maintenance path and the maintenance ramps to the inlet and outlet structures. - Storm drain including inlet structure, outlet structure, manholes, trash rack and debris removal structures,
- Miscellaneous details, including standard signage, standard fencing and gates per standard plans. The implementation of monitoring equipment is not anticipated.
Deliverables:
• One (1) set of 20’ scale NTS civil plans in PDF
Subtask 7.25 – NTS Specifications
Q3 will supplement the Project Specifications by incorporating provisions pertaining to trash and debris removal, site preparation, earthwork, erosion control, channel and special structure materials, pavement, planting methods. Project Specifications will be based on the most current City boilerplate Bid Package and the Greenbook for this specific project and include anticipated project quantities.
Proposed modifications will be redlined.
Deliverables:
• One (1) set of redlined Project Specifications in Word A-3 - 12
513
Subtask 7.26 – NTS Engineer’s Estimate
Q3 will supplement the Project Engineer’s estimate of probable costs by performing quantity takeoffs at each milestone submittal and providing an opinion of probable costs using industry standard unit costs, ENR construction costs, and available City cost database.
Deliverables:
• One (1) set Engineer’s Estimate in Excel
Subtask 7.27 – Miscellaneous Exhibits
Q3 will prepare exhibits and documentation to support the City with Project approval. Exhibits may be used for internal and external discussions, public presentations, and others. An as-needed budget of 60 hours has been assumed for this task. Exhibits will be prepared upon request from the City.
Deliverables:
• As-needed exhibits
Task 8 – Meetings
Subtask 8.3 – Supplemental Monthly Coordination Meetings The original contract included a budget to attend a total of twelve-monthly coordination meetings. Q3 will prepare updates to the overall project schedule with action items and critical milestones. This budget has been extended assuming a design phase of 36 months.
Deliverables:
• Monthly Progress updates in PDF
Task 9 – Bid Support Services
No Changes
Task 10 – Construction Support Services
Subtask 10.1 – Construction Administration (REMOVED)
Q3 shall respond to Construction staff and/or contractor RFI’s for any technical design clarifications. Q3 shall review the Contractor’s submittals including shop drawings of manufactured and fabricated equipment for conformity with drawings and specifications. Q3 shall attend the pre-construction meeting and progress meetings. Q3 shall provide change order review and clarify change order and construction issues with the City.
Deliverables:
• As-needed.
A-3 - 13
514
Subtask 10.2 – Record Plan and Closeout (REMOVED)
Q3 shall provide “as-built” drawings based on the changes and markups provided by the Contractor.
Deliverables:
• One (1) set of as-built drawings in PDF Format
Exclusions:
1. Shoring plan design and review
2. Any other work task not specifically set forth in the above Scope of Services.
Reimbursables:
Q3 Consulting will bill reproduction services and other related expenses, at cost, during this phase of the project. This includes all reprographics and photocopying for studies and plan preparation, plan review and agency submittals, meetings, mileage, and other expenses.
A-3 - 14
515
EXHIBIT "C-2"
SCHEDULE OF COMPENSATION
516
C-2 - 1
517
C-2 - 2
EXHIBIT "D-2"
SCHEDULE OF PERFORMANCE
D-2 - 1
518
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
Final Acceptance of Public Improvements for the Kaiser Medical Office Buildings (PL15-0100), located at 3750 Grand Avenue.
..end
RECOMMENDATION
..recommendation
1) Approve a settlement agreement between the City of Chino and Kaiser Foundation Health Plan, Inc. for required public improvements in the City of Chino per the Americans with Disabilities Act and California Law; 2) accept public improvements as complete for PL15-0100; 3) authorize release of the performance bond and initiate the warranty period; and 4) authorize the City Manager to execute the necessary documents on behalf of the City. ..body
FISCAL IMPACT
Approval of the settlement agreement is not anticipated to result in any immediate fiscal impact.
The payment by Kaiser Foundation Health Plan, Inc. to the City in the amount of $188,925.40 is anticipated to cover costs for the City to remove and replace public improvements which are the subject of the Settlement Agreement as part of a capital improvement project. These funds will be set aside in a Balance Sheet reserve account in the Fund 320 until the improvements occur.
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
Positive City Image
Public Service Excellence through Internal and External Partnerships Revenue: Expenditure:
Transfer In: Transfer Out:
519
CITY COUNCIL MEETING DATE: OCTOBER 6, 2026
TITLE: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR THE KAISER MEDICAL OFFICE BUILDINGS (PL15-0100), LOCATED AT 3750 GRAND AVENUE.
PAGE: 2
BACKGROUND
On November 16, 2015, the City of Chino Planning Commission conditionally approved PL15- 0100 (Site Approval) for the construction of the Kaiser Medical Office Buildings on an 8.23-acre site located at 3750 Grand Avenue, near the northwest corner of Grand Avenue and Roswell Avenue (Exhibit A).
As a condition of approval, Kaiser Foundation Health Plan, Inc. was required to construct various public improvements, including street pavement, curb, gutter, sidewalk, and traffic signal modifications along Roswell Avenue and at the intersection with Grand Avenue. To guarantee completion of these improvements, the City Council approved a Public Improvement Agreement (PIA) and associated security bonds on November 15, 2016 (Exhibit B).
The required improvements included removal and replacement of the existing sidewalk along the project's Roswell Avenue frontage and extending south to the northwest corner of the Grand Avenue/Roswell Avenue intersection. These improvements were necessary to accommodate the widening of the west side of Roswell Avenue for a new southbound right-turn pocket identified in the project's traffic study to mitigate project-related traffic impacts.
The public improvements were constructed between 2016 and early 2017. During final inspection, City staff determined that portions of the newly constructed sidewalk and a curb ramp did not comply with City standards and the accessibility requirements of the Americans with Disabilities Act (ADA). The identified deficiencies included inadequate sidewalk widths around existing obstructions, such as streetlights and fire hydrants, and cross slopes exceeding the maximum allowable ADA standard.
In response, Kaiser retained an ADA consultant to independently evaluate the improvements.
The consultant's findings confirmed multiple accessibility deficiencies, which were documented in a report completed in late 2017. Kaiser subsequently directed its contractor to reconstruct approximately 40 sidewalk panels, representing roughly 70 to 80 percent of the originally installed sidewalk. This work was completed between late 2017 and early 2018.
Following the reconstruction, Kaiser's consultant conducted another evaluation and identified additional deficiencies requiring correction. Kaiser completed a second round of corrective work, replacing a smaller number of sidewalk panels. After the work was completed, the consultant performed a final field review and concluded that the previously identified deficiencies had been corrected and that the improvements complied with applicable accessibility standards.
In September 2020, City staff conducted a follow-up inspection as part of the project closeout process. The inspection identified remaining ADA-related deficiencies similar to those previously noted, including inadequate sidewalk widths and excessive cross slopes. As a result, the public improvements were not accepted, and the Public Improvement Agreement and associated security bonds remained active.
Little additional progress occurred until September 2023, when Kaiser contacted the City to discuss project closeout. Kaiser maintained that all deficiencies identified by its ADA consultant had been corrected and indicated it was not willing to perform additional reconstruction because the project had been closed internally several years earlier. Since that time, City staff and the City Attorney's Office have worked with Kaiser representatives to resolve the outstanding dispute regarding the remaining public improvements.
ISSUES/ANALYSIS
520
CITY COUNCIL MEETING DATE: OCTOBER 6, 2026
TITLE: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR THE KAISER MEDICAL OFFICE BUILDINGS (PL15-0100), LOCATED AT 3750 GRAND AVENUE.
PAGE: 3
The Kaiser Medical Office Building project is one of nine (9) development projects with outstanding public improvements that have not been formally accepted by the City. The remaining dispute centers on whether certain pedestrian improvements comply with applicable ADA accessibility requirements.
After evaluating available options, City staff determined that negotiating a settlement agreement would provide the most efficient and cost-effective path toward resolving the matter. This approach is consistent with settlement agreements previously approved by the City Council in November 2022 for similar public improvement disputes involving development projects.
Over the past three years, City staff and the City Attorney's Office have negotiated the terms of a settlement agreement with Kaiser and its legal representatives. Both parties have now reached agreement on the proposed terms.
Under the proposed agreement (Exhibit C), Kaiser will pay the City $188,925.40, representing the estimated cost to correct the remaining ADA deficiencies, plus a contingency allowance and costs for project management and design services. The settlement amount also includes $1,000 for installation of a required traffic sign shown on the approved improvement plans that is currently missing near the intersection of Grand Avenue and Roswell Avenue. The cost estimate was prepared by Kaiser and reviewed and approved by City staff.
Upon receipt of payment within 30 days of the City's invoice, the City will accept the public improvements, exonerate the performance and labor and material bonds, and assume responsibility for completing the remaining accessibility improvements and installing the missing traffic sign. The settlement funds will be restricted for these purposes.
The proposed settlement was presented to the Infrastructure/Streets Committee on December 8, 2025. The Committee supported staff’s recommendation to proceed with presenting the agreement to the City Council. Following the Committee meeting, staff worked with Kaiser to address the remaining punch list items, which consisted primarily of as-built drawings. Staff ultimately determined that the City’s approved improvement plans accurately reflect existing field conditions, thereby eliminating the need for additional as-built drawings.
Approval of the settlement agreement will fully resolve the longstanding dispute regarding the remaining accessibility improvements and allow the City Council to formally accept the public improvements eligible for City acceptance. The improvements to be accepted include the street pavement, curb, gutter, and sidewalk improvements constructed as part of the project. The traffic signal modifications and pedestrian improvements at the intersection of Grand Avenue and Roswell Avenue are under the jurisdiction of Caltrans and are therefore not subject to City acceptance. All public improvements required as conditions of approval for the project were fully funded by Kaiser.
In accordance with the settlement agreement, Kaiser has provided one-year warranty security in the amount of $68,402, representing the prorated cost to warranty the improvements that were completed to the City's satisfaction and are not subject to the settlement agreement. During the one-year warranty period following City Council acceptance, Kaiser will remain responsible for correcting any defects in those accepted improvements. Upon acceptance, ownership, operation, and maintenance responsibility for the accepted public improvements will be transferred to the City, while improvements within Caltrans' jurisdiction, including the traffic signal modifications, will remain under Caltrans' ownership and maintenance responsibility.
In addition to Kaiser's payment of the agreed-upon settlement amount, both parties will release and waive any future claims arising from the dispute, including claims for damages, 521
CITY COUNCIL MEETING DATE: OCTOBER 6, 2026
TITLE: FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR THE KAISER MEDICAL OFFICE BUILDINGS (PL15-0100), LOCATED AT 3750 GRAND AVENUE.
PAGE: 4
reimbursement, or attorneys' fees. Acceptance of the improvements will also allow the City to incorporate the accepted infrastructure into its routine inspection and maintenance program while using the settlement funds to complete the remaining ADA improvements and install the missing traffic sign.
Accessibility
The subject of this report directly involves accessibility improvements to the public sidewalk facilities constructed on the west side of Roswell as part of the project. Although these deficiencies have not been fully resolved to the City’s satisfaction, the proposed settlement provides funding for the City to complete the remaining improvements and bring the affected facilities into compliance with applicable ADA accessibility requirements as part of a future City project
Attachments:
Exhibit A - Vicinity Map
Exhibit B - Public Improvement Agreement
Exhibit C - Settlement Agreement
522
523
Contract No.
Approved
PUBLIC IMPROVEMENT AGREEMENT
PL I5-0100 SITE APPROVAL
THIS AGREEMENT is entered into by and between the CITY OF CHINO, a Municipal Corporation of the State of California ( hereafter called the City) and Kaiser Foundation Health Plan, Inc. ( hereafter called the Developer).
WHEREAS, the Developer is the owner of certain real property situated in the City of Chino, County of San Bernardino, California, which Developer proposes to develop and construct certain work of improvements thereon, as hereafter set forth; and WHEREAS, the Developer has applied for and received conditional approval from the City to construct a total of 109, 455 square feet of medical offices in four buildings, at 3750 Grand Avenue (hereafter called the Project) from the City; and WHEREAS, the City desires to assure that said improvements proposed for the Project will be constructed in a good workmanlike manner and in accordance with all applicable laws, statutes, ordinances, resolutions and regulations now in force and effect in the City of Chino and the State of California and the terms and conditions imposed on the approval by the Planning Commission, all of which are incorporated herein; and
WHEREAS, the Developer acknowledges familiarity with the various requirements for public improvements contained in the Chino Municipal Code and agrees to comply therewith.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
Article 1. Duty to Install Public Improvements
1. 1 Requirements for Public Improvements. The Developer shall, at his/ her own cost and expense, construct, install and complete all of the public improvements contained in Exhibit 1 in a good workmanlike manner, according to the approved plans and specifications, and to the satisfaction of the Assistant City Manager/ Director of Public Works or his designee, within two ( 2) years from the date of the City' s approval of this Agreement, and within the time frame and subject to the conditions set forth in the Encroachment Permit that is issued for the required public improvements. The time for completion may be extended up to one ( 1) additional year by the City Council for good cause shown. The sum of eight hundred forty-two thousand two hundred and no/ 100 dollars ($ 842, 200. 00) is the estimated construction cost of said improvements.
1. 2 Ownership of Public Improvements. All public improvements constructed or installed pursuant to this Agreement shall become the sole exclusive property of Agreement Masters\Publiclmprovement. Master\ REV15- 0128\ MB Page 1 of 9 524
the City without payment therefore, upon acceptance of said improvements by the City.
1. 3 Definition of Improvements. The term "improvement" shall mean any and all work or infrastructure required for the development of the Project, including, but not limited to, bicycle trails, communication transmission devices, curbs, drainage facilities, electric transmission devices, excavation, grading, gutters, landscaping, pathways, sanitary sewers, sidewalks, streets, street lights, traffic control devices, utilities, water lines, as shown on plans, profiles or specifications prepared or submitted by the Developer.
1. 4 Repair or Reconstruction of Defective Improvements. If, within a period of one ( 1) year after final acceptance of work performed under this Agreement, any improvement or part of any improvement constructed, installed or furnished, or caused to be constructed, installed or furnished by the Developer, or any of the work done under this Agreement fails to comply with, or satisfy, any of the requirements of this Agreement, or the specifications referenced herein, the Developer shall, without delay and without any cost to the City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or improvements. Should the Developer fail to act promptly or in accordance with these requirements, or should an emergency require repairs or replacements to be made before the Developer can be notified, the City may, at its sole option, make the necessary repairs or replacements or perform the necessary work, and the Developer shall pay to the City the actual cost of such repairs, plus 15 percent.
1. 5 Repair or Replacement of Unrelated Improvements. The Developer shall replace, or have replaced, or repair, or have repaired, as the case may be, all pipes and monuments situated on said property, delineated on the plans, which have been destroyed or damaged and the Developer shall replace, or have replaced, repair, or have repaired, as the case may be, or pay to the owner, the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City, or by any public or private corporation, or by any person whomsoever, or by any combination of such persons. Any such repair or replacement shall be to the satisfaction, and subject to the approval, of the Assistant City Manager/Director of Public Works or his designee.
1. 6 Time of Completion. All of the public improvements shall be completed within two ( 2) years from the date of the City' s approval of this Agreement, and within the time frame and subject to the conditions set forth in the Encroachment Permit that is issued for the required public improvements. In the event that the Developer fails to complete the public improvements within said period, the City may complete said work and shall be entitled to recover the full cost and expenses thereof from the Developer, or its surety, as hereinafter provided. The City may require the Developer, or its surety, to pay the City, in advance, sufficient monies to pay for the City's cost of completing construction and installation of said public improvements.
1. 7 Security. Contemporaneously with the execution hereof, the Developer shall file security, subject to the approval of the City Attorney, pursuant to Section 66499 of the Government Code and Section 19. 09. 010 of the Chino Municipal Code, to guarantee performance of the requirements of this Agreement, and all of the City's ordinances, specifications and regulations as follows:
Agreement Masters\ Publiclmprovement. Master\ REV15- 0128\ MB Page 2 of 9 525
a. A security device in an amount equal to 100 percent of the estimated construction cost to guarantee the faithful performance of all of the requirements of this Agreement, including the construction, installation and completion of the work and public improvements required by this Agreement; and
b. A security device in an amount equal to 50 percent of the estimated construction cost to guarantee payment to the contractors, their subcontractors, and to persons renting equipment or furnishing labor and materials to said contractors, for the public improvements required by this Agreement; and
C. All security devices under this Agreement shall also guarantee the payment of reasonable attorney fees, expert witness fees and court costs to the City; and d. Any changes or alterations in the work or public improvements required hereunder, not exceeding 10 percent of their original estimated cost, shall not relieve any liability of the security given for the faithful performance of this Agreement. In the event any changes or alterations of the work or public improvements required hereunder exceed 10 percent of their original estimated cost, the Developer shall provide such additional security for its faithful performance as determined by the Assistant City Manager/Director of Public Works or his designee and approved by the City Attorney.
The City Council may, at its sole discretion, reduce the amount of any security device as recommended by the Assistant City Manager/Director of Public Works or his designee and the City Attorney for any portion of the public improvements installed by the Developer and accepted by the Assistant City Manager/Director of Public Works or his designee.
1. 8 One Year Warranty and Warranty Bond. Without limiting the foregoing, the Developer warrants and guarantees materials used and workmanship performed on said work and public improvements. In connection herewith, the Developer shall submit security, subject to the approval of the City Attorney, for a period of one ( 1) year following the completion and acceptance of the work hereunder in the sum equal to 10 percent of their actual construction cost and reasonable attorney fees, expert fees and court costs. The Developer further agrees to pay the City for all costs to maintain the landscaping in a vigorous and thriving condition, to maintain the street lights and to pay for all energy costs for a period of one ( 1) year after completion and acceptance thereof by the Assistant City Manager/ Director of Public Works or his designee and the City Council. Maintenance and energy costs shall be based on the amounts specified in the most recent publication of the Annual Engineer's Report for the Levy of Assessments for the Landscaping and Lighting Districts.
1. 9 Payment of Labor and Materials. The Developer and its contractors shall pay for any materials, provision, provender and other supplies or equipment used in, upon, for, or about the performance of the work contracted to be done, and for any work or labor thereon of any kind, and for a payment bond with respect to such work or labor, as required by Civil Code Section 9550.
Agreement Masters\Publiclmprovement. Master\REV15- 0128\ MB Page 3 of 9 526
Article 2. Procedural Requirements
2. 1 Preparation of Improvements Plans. No work pursuant to this Agreement shall be commenced until the Developer's plans, profiles and specifications for the public improvements have been submitted to and approved by the Assistant City Manager/ Director of Public Works or his designee. The Developer warrants that its plans, profiles and specifications conform as a minimum to the City's ordinances and standard specifications, and that they are adequate to construct and install the public improvements in a good, workmanlike manner and in accordance with sound construction practice for public works.
2.2 Cost of Checking Plans. The Developer shall pay to the City the cost of checking and approving the plans, profiles and specifications. The Developer shall pay to the City the fees for the cost of checking said plans upon submittal of said plans to the City. If said fees prove to be insufficient to complete said plan checking, the Developer shall make additional deposits as required by the Assistant City Manager/ Director of Public Works or his designee.
Failure to make any required payment or deposit shall cause such plan checking to be suspended and be grounds to withhold the issuance of building permits for any construction.
2. 3 Soils Report. The Developer shall cause to be made and pay for soil tests made by a reputable soils testing laboratory to determine gradation, bearing and resistance value of soils within the Project. The Developer shall also cause to be made and pay for all compaction tests necessary to determine that all soils, including the utility trenches, have been satisfactorily backfilled.
2.4 Permits and Fees. The Developer shall, at the Developer' s expense, obtain all necessary permits and licenses for the construction and installation of the work and public improvements required hereunder and pay all required fees and taxes and give all necessary notices.
2. 5 Superintendence by the Developer. The Developer shall provide continuous superintendence to the construction and installation of the public improvements by assigning a competent foreman or superintendent, satisfactory to the Assistant City Manager/ Director of Public Works or his designee, to the work site, who shall have full authority to act for the Developer
2. 6 Duty to Facilitate Inspections. The Developer shall at all times maintain proper facilities and provide safe access for inspection by the Assistant City Manager/ Director of Public Works or his designee, to all parts of the work, and to the shops wherein the work is in preparation.
Article 3. The Developer' s Liabilities
3. 1 Liability of the Developer. The Developer agrees that the use for any purpose and by any person of any or all of the work and public improvements required by this Agreement shall be at the sole and exclusive risk of the Developer at all times prior to final acceptance by the City of the completed public improvements thereon and therein; provided that acceptance by the City shall not eliminate, lessen or relieve the Developer of any obligations or undertakings contained in this Agreement. The issuance of any occupancy permits by the City Agreement Masters\Publiclmprovement. Master\ REV15- 0128\ MB Page 4 of 9 527
for any structures located within the Project shall not be construed to constitute an acceptance or approval of any of the public improvements required hereunder.
3. 2 Liability for Nonperformance. Neither the City nor any of its officers or agents shall be liable to the Developer or its contractors for any error or omission arising out of, or in connection with, any work to be performed under this Agreement or the plans, profiles or specifications therefore approved by the Assistant City Manager/Director of Public Works or his designee.
3. 3 Development Impact Fees. Development Impact Fees shall be paid pursuant to and in accordance with Chino Municipal Code Chapter 3. 40.
3.4 Utility Deposits. Prior to commencement of any work required by this Agreement, the Developer shall file with the Assistant City Manager/ Director of Public Works or his designee a statement signed by the Developer and each public utility to the effect that the Developer has made all deposits legally required by such public utility for the connection of any and all public utilities required to be supplied by such public utility within the subdivision.
3. 5 Liability for Personal Injuries. The City shall not be liable to the Developer or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever, in, on or about the development or connected to the construction and installation of the work and public improvements required hereunder.
3. 6 Release and Indemnification. The Developer hereby releases and agrees to indemnify and save the City harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage and liability, howsoever the same may be caused, and whensoever the same may appear, resulting directly or indirectly from the performance or nonperformance of any work or public improvement to the Property and upon premises adjacent thereto pursuant to this Agreement, and also from any and all injuries to, and deaths of persons, and injuries to property or other interests, and all claims, demands, costs loss, damage, and liability, howsoever same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the Developer, Developer' s agents, employees, and subcontractors, while engaged in the performance of said work or public improvements. Prior to the commencement of any work or public improvement required hereunder, the Developer shall furnish to the City satisfactory evidence of an insurance policy, written upon a form and by a company which meets with the approval of the City, insuring the City, its officers, agents, and employees against loss or liability which may arise during the work, or which may result from any of the work herein required to be done, including all costs of defending any claim arising as a result thereof. Minimum liability and property damage insurance shall be not less than $ 500, 000. 00 for all damages arising out of bodily injury to or death of one person and not less than $ 1, 000,000.00 for all damages arising out of bodily injuries to or death of more than one person in any one occurrence; and not less that $ 250, 000. 00 for all damages and/ or destruction of property in any one occurrence and not less than $ 500, 000. 00 for all damages and/ or destruction of property during the policy period.
Said policy shall be maintained in full force and effect during the life of this Agreement. Said policy shall state, by its terms and by an endorsement, that said policy shall not be canceled until the City shall have had at least ninety ( 90) days prior notice in writing of such cancellation.
Agreement Masters\ Publiclmprovement. Master\ REV15- 0128\ MB Page 5 of 9 528
Article 4. Inspection of Improvements
4. 1 Inspection by Assistant City Manager/ Director of Public Works. All public improvements shall be constructed under the inspection of, and subject to approval of the Assistant City Manager/ Director of Public Works or his designee. The cost of inspections shall be paid by the Developer, who shall submit the inspection fee, as required by the City' s Fee Structure approved by the City Council, prior to the issuance of building permits
4.2 Approval by Assistant City Manager/ Director of Public Works. It is mutually agreed that the Assistant City Manager/Director of Public Works or designee shall have the authority to reject any or all of the work or public improvements required hereunder if same fails to conform to the approved plans, profiles or specifications for said public improvements or if same are not constructed or installed in a good and workmanlike manner to the satisfaction of the Assistant City Manager/ Director of Public Works or his designee. Furthermore, any damage to existing facilities, including any curbs, drainage facilities, gutters, landscaping, sewer and water mains, street or utilities, that occurs after installation, shall be repaired to the satisfaction of the Assistant City Manager/ Director of Public Works or his designee by the Developer prior to the issuance of an occupancy permit for any structure within the Project and prior to the release of any security provided hereunder.
4,3 Responsibility Despite Inspections. Notwithstanding the fact that the Developer' s plans, profiles and specifications, and construction and installation of the public improvements, and other acts are subject to the approval of the Assistant City Manager/ Director of Public Works or his designee, it is understood and agreed that any approval by the Assistant City Manager/Director of Public Works or his designee shall not relieve the Developer of the obligation to satisfactorily perform the obligations hereunder. All construction shall be performed strictly in accordance with the approved plans, profiles and specifications, the City' s latest standard specifications and the provisions of the Chino Municipal Code to the satisfaction of the Assistant City Manager/Director of Public Works or his designee.
4.4 Occupancy Permits. No occupancy permit for any structure on any lot within the Project shall be issued, and no utility connection shall be made, unless and until the Developer has complied with all the obligations hereunder to the satisfaction of the Assistant City Manager/ Director of Public Works or his designee.
4.5 Certification of Satisfactory Completion. Upon the satisfactory completion of the improvements by the Developer, the Assistant City Manager/Director of Public Works or his designee, shall certify that the work of said improvements has been satisfactorily completed.
4. 6 Filing of " Record" Drawings. Upon completion of the work or public improvements, the Developer shall submit one mylar ( 4 mils) set of " Record" drawings to the Assistant City Manager/ Director of Public Works or his designee. These drawings shall be certified as representing the actual construction and shall depict the work and public improvements as actually constructed, with all changes incorporated therein.
Agreement Masters\ Publiclmprovement. Master\REV15- 0128\ MB Page 6 of 9 529
Article 5. Miscellaneous Provisions
5. 1 Relationship of Contractors. It is hereby mutually covenanted and agreed by the parties hereto that the Developer' s contractors are not agents of the City and that the contractors' relations to City, if any, are those of independent contractors.
5. 2 Entire Agreement. This writing constitutes the entire agreement of the Parties and supersedes any prior written or oral agreements between them with respect to the subject matter hereof and may not be modified or amended except as set forth herein.
5. 3 Attorney' s Fees. In the event that any action at law or in equity is brought to interpret or enforce any provision of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs.
5.4 Assignment. This Agreement shall not be assignable by the Developer without written consent of the City.
5. 5 Successors. Subject to the restrictions against assignment contained herein, this Agreement shall inure to the benefit of and shall be binding upon each of the parties and their respective assigns, successors in interest, person representatives, estates, heirs and legatees.
5.6 No Waiver. No waiver of any breach or default hereunder shall be considered valid unless in writing, and no such waiver shall be deemed a waiver of any subsequent breach or default of the same or similar nature.
5. 7 Choice of Law. This Agreement shall be governed by the laws of the State of California without regard to the principles of conflict of laws.
5.8 Invalidity. If any provision of this Agreement is declared invalid, void, or unenforceable by a court of competent jurisdiction of the State of California, the remaining provisions shall continue in full force and effect.
5. 9 Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall be deemed one original.
5. 10 Effective Date of Agreement. This Agreement shall not become effective unless and until approved by the City Council of the City of Chino.
Agreement Masters\ Publiclmprovement. Master\REV15- 0128\ MB Page 7 of 9 530
IN WITNESS WHEREOF, the City and the Developer have executed this agreement in the City of Chino, California.
Approved as to Form: Approved as to Content:
City Attor e e A ire
Assistant City Manager
KAISER FOUNDATION HEALTH PLAN,
INC.
By: h li x16
Sign ure and Date)
Name:
Please type or print name)
Title:
MM Ver—
Vice President of Real Estate Acquisition
National Facilities Services
CITY OF CHINO
Matth a e, City Manager
Dated:
ATTEST:
an.- OL-10-
Angela obles, City Clerk
Dated: A . ?32 •
Ib
Attachment: Exhibit 1
Agreement Masters\Publiclmprovement. Master\REV15-0128\ MB Page 8 of 9 531
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1183 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County ofCl wff4
On O V C( O before me, lu( leto [hi*
Date Here In ert Name an Title of the fficer
personally appeared _ f
ir,/
a yy.
Name(xof Signero
who proved to me on the basis of satisfactory evidence to be the personK whose name()' is/ afe subscribed to the within instrument and acknowledged to me that he/ sj / tl executed the same in his/ fes/tf r authorized capacity( i , and that by his/ hzf%tfj fF signature W on the instrument the person* y, or the entity upon behalf of which the person( s acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
COLLEEN OAHLE• HONG WITNESS my hand and official seal.
Commission r- 2037176
z Notary Public- California
Alameda County
Signature d/>
M Comm. Ex fres Au 22, 2017+ Signature of Notary blit
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity( ies) Claimed by Signer( s)
Signer' s Name: Signer' s Name:
Corporate Officer — Title( s): Corporate Officer — Title( s):
Partner — Limited General Partner — Limited General
Individual Attorney in Fact D Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other:
Signer Is Representing: Signer Is Representing:
02014 National Notary Association • www.NationaiNotary. org • 1- 800- US NOTARY ( 1- 800- 876- 6827) Item # 5907 532
PUBLIC IMPROVEMENT AGREEMENT
EXHIBIT I
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 shall be 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 Developer shall also perform all work and furnish all materials necessary, in the opinion of the Assistant City Manager/Director of Public Works 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.
Agreement MastersTubliclmprovement. Master\ REV15- 0128\ MB Page 9 of 9 533
Issued In Triplicate
Bond No.: 106530200M
Contract No.: Q,p/- - 22f/
Approved: /// 1S/ 2a/ tp
WARRANTY BOND
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as CITY" and Kaiser Foundation Health Plan, Inc., hereinafter designated as " PRINCIPAL," have entered into an agreement whereby Principal has agreed to warrant and guarantee the installation, completion, and maintenance of certain designated public improvements, which said agreement, dated and identified as Project No. PL 15- 0100 Site Approval, is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the warranty of said improvements.
NOW, THEREFORE, we, the Principal, and Travelers Casualty and Surety Company of America, as surety, are held and firmly bound unto the City of Chino in the penal sum of Eighty- Four Thousand Two Hundred and no/ 100 Dollars ($ 84, 200. 00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bound Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on October 21, 2016.
Kaiser Foundation H alth Plan, Inc. Travelers Casualty and Surety Company of America SURETY
By: By:
Edward C. Spector, Attorney- In- Fact
SIGNATURE( S) MUST BE NOTARIZED
Approv s to F
C' Att e
D ue o. 19808( PWFORMS\ BONDS-Warranty\ rev. 05/ 2012) Page 1 of 1 534 r
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
On before me, Tracy Aston, Notary Public, personally appeared Edward C. Spector who proved to me on the basis of satisfactory evidence to be the person(s) whose name( s) is/ am subscribed to the within instrument and acknowledged to me that he/ sw/ tom executed the same in his/ lw/t4@4 authorized capacity(ies), and that by his/ / tom signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
F
TRACY ASTON
WITNESS my hand and official seal.
f C^= ission # 2107456
P, > . Notary Public- Caiiforni
r
Los Angeles Courjty
v Comm. Expires May 15, 201r
Signature
Signature ofNotary Public
535
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Aim POWER OF ATTORNEY
TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company
Attorney- In Fact No.
230610
Certificate No. 006711602
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin( herein collectively called the" Companies"), and that the Companies do hereby make, constitute and appoint Tracy Aston, Kristine Mendez, KD Conrad, Simone Gerhard, Edward C. Spector, Lisa K. Crail, B. Aleman, Misty Wright, Renato F. Reyes, April Martinez, and Marina Tapia
of the City of Los Angeles State of California their true and lawful Attorney( s)- in- Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 25th day of March 2016
Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company
G/. SU• I
j`
G
RE
6 @ O?
N.. NSG9 Jpt,-\NSVgq•., Jp(
Y
ANO'
9G
0/- Fl.,
L• C
tZ HARTFORD, <
gg j: 03 W
CONN.
1q
State of Connecticut By:
City of Hartford ss. Robert L. Raney, enior Vice President On this the 25th day of March 2016 before me personalty appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2016. j0{IBL G # Marie C. Tetreault, Notary Public f
58440-8- 12 Printed in U. S.A.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 536
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189
Ano pxb| io o' c4he, oeoumpi g h/ o cer| c o vahhea on * / osndg of ind)vua, dooumonttowh} ohtniu oertifioate iauttauhedand not the truthfulness siidi- y oflhst documen State of Oo! hbmia
County of SAJ 6014VhAblAlb
On before me.
Date Hon* Insert Name and Title of the Officer
personally appeared
Narne( s) ofS/ gner( s)
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed tothe within instrument and acknowledged to me that he/ she/they executed the same in his/ her./their aLAthorized capacity( ies), and that by his/ her/ their signature( s) on the instrument thePerson( s), or the entity upon behalf of which the person( e) actod, executed the instrument. certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph Commission # 2062185 L
is true and correct.
Notary Public- VV| TNES8myhand andofficialseal. t2__ San Bernardino County My Comm. Ex,pires Mar 23, 20181
Signature___
Signature of Notary Pu5c
Place Notary Seal Above
OPTIONAL
Though this section / soptional, completing this information can deter a/ h»nstionmfthe document or fraudulent reattachment of this form to an unintended document Description ofAttached Document
Title orType of Document: Document Date,
Number of Pages: Signer( s) Other Than Named Above:
Capaoity( iam) Claimed by Signer( s)
Signer' s Name: Signer' s Name:
Corporate Officer — Title( s): Corporate Officer — Tit>e( a): ________________ Partner --- - Limited - General Partner — - Limited -_ General ndividua! Attorney in Fact Individual Attorney in Fact
Trustee Guardian or Conservator Tn/ atee Guardian or Conservator Other Other:
Signer | eRepresenting: Signer is Representing:
1 201, Naliono| NotoryAosociot' on ' vv* vN iona| oienorg I( 0- Q0)'- 876- 682 ) tam ¥ 5gO7 537
Issued In Triplicate
Bond No.: 106530200
Contract No.: 1i>1' 7 - ZZ
Approved: 11.1051110 0-1z
LABOR AND MATERIAL BOND
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as " CITY" and Kaiser Foundation Health Plan, Inc., hereinafter designated as " PRINCIPAL," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated and identified as Project No. PL 15- 0100 Site Approval, is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Chino to secure the claims to which reference is made in Title 15 ( commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
NOW, THEREFORE, said Principal and the undersigned, as corporate surety, are held and firmly bound unto the City of Chino, and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Four Hundred Twenty- One Thousand One Hundred and no/ 100 Dollars ($ 421, 100. 00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 ( commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on October 21, 2016.
Kaiser Foundation Health Plan, Inc. Travelers Casualty and Surety Company of America
PRINCIPAL
4n ,
SURETY
By: By:
Edward C. Spector, Attorney- In- Fact
SIGNATURES MUST BE NOTARIZED
Approved s orm:
oc ent No. 16354( P MS\ BONDS- L& M\ rev. 05! 2012) Page 1 of 1 538
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
On
l." ° io `'
before me Tracy Aston, Notary Public, appeared
Edward C. Spector who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ subscribed to the within instrument and acknowledged to me that he/ isplw/ they executed the same in his/ / tom authorized capacity(ios), and that by his/h/4w4 signature( s) on the instrument the person( s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. i
TRACE' ASTOi• WITNESS my hand and official seal.
Co- nrn} s, ion#-` 2107455
Notary Public- Cdifior la
Los Angeles County F:
n^ F,;,! res M,, 15 231 iia Cornm ( ...°_ ._
Signature 6d/*404
Signature of Notary Public
539
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Aim POWER OF ATTORNEY
TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company
Attorney- In Fact No.
230610
Certificate No. 006711607
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin( herein collectively called the" Companies"), and that the Companies do hereby make, constitute and appoint Tracy Aston, Kristine Mendez, KD Conrad, Simone Gerhard, Edward C. Spector, Lisa K. Crail, B. Aleman, Misty Wright, Renato F. Reyes, April Martinez, and Marina Tapia
of the City of LOS Angeles State of California their true and lawful Attorney( s)- in- Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 25th day of March 2016
Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company
ASUq TYq 3FtAE e6,.$
C o;
o; i
L
State of Connecticut By:
City of Hartford ss. Robert L. Raney, enior Vice President On this the 25th
day of
March 2016 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal. W w My Commission expires the 30th day of June, 2016. OUBL G * Marie C. Tetreault, Notary Public s
58440- 8- 12 Printed in U. S. A.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 540
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL C0QE § 1180 no- ar), puh|}uo' othe' officer comp/exingeevehf|eooni nsi enii yof zsi«o\ vi ua! whoe/ gneut a mocumont towh. oi t is cyrt' f! oote Sa ache an, not theLnjthfu| neoy ocou: ac : rva|' d" y ut| hat documant State ofCaUfnroia
County of
or, before me. 4 EsDate Here Insert Name and Title of the Officer personally appeared G»4
Nerne(s) of3/gner(s)
who proved to me on the basis of satisfactory evidence to be the person(s) vvhoae name(s) is/ era oubuoribed to the within instrument and acknowledged to me that he/ she/ they exeouted the same in h\ a/ hentheirauthorized oapeoity(ies), and that by hia/ he»/thairni0natuna( s) on the ioatrunnentthe pe/ aon(a), or the entity upon behalf of which the person( s) autod, executed the instrument. certify under PENALTY OF PERJURY under the |avva
of the State of California that the foregoing paragraph is true and correct.
Commission# WITNESS my hand and official seal. 2062185
Notary Public- California zz
z San Bernardino County
My Comm. Expires Mar 23, 2018 Signa
Signature of Notary PuAllic '
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document
Title o, Type of Document: Document DateNumber of Pages: Signer( s) Other Than Named Above:
Cmpmcity( iem) Claimed bySignmr( o)
Signer' s Name: Signer' s Name:
Corporate Officer — Title( s): Corporate Officer — Tit|e(o):
Partner — I- Limited -- General Partner — Limited General Individual Attorney in Fact ndividua, Attorney in Fact
Trustee Guardian or
Conservator TrUateo Guardien or Conservator
Other: Other:
Signer | aRepresenting: Signer Is Representing:
D2O140atinna| NotaryAasooiscion ' 1- 8001- 11. GN0,71ARY ( 1' 803- 876- 6827) ! ty" s ¥ 5g 7 541
Issued in Triplicate
Bond No.: 106530200
Contract No.: 10/ ) - Z Z 41
Approved: its/g/ QCylp set I?-
and Kaiser
WHEREAS,
Foundation
the City
Health
Council
Plan.
FAITHFUL
of
Inc.,
the City
hereinafter
PERFORMANCE
of Chino,
designated
State of California,
as "
BOND
PRINCIPAL,"
hereinafter
have
designated
entered
as "
into
CITY"
2 an
agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated and identified as Project No. PL 15- 0100 Site Approval, is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the Principal and Travelers Casualty and Surety Company of America, as surety, are held and firmly bound unto the City of Chino in the penal sum of Eight Hundred Forty- Two Thousand Two Hundred and no/ 100 Dollars ($ 842, 200. 00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above- bound Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in said agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on October 21, 2016.
Kaiser Foundation Health Plan, Inc. Travelers Casualty and Surety Company of America
PRINCIPAL SURETY
By: By:
Edward C. Spector, Attorney- In- Fact
SIGNATURES MUST BE NOTARIZED
Approved as to For
City A e
Docu ent No. 16353( PWFORMS\ BONDS- faithful performance\ rev. 05/ 2012) Page 1 of 1 542
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
On fF j' before me, Tracy Aston, Notary Public, personally appeared Edward C. Spector who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ate subscribed to the within instrument and acknowledged to me that he/ she/ tom executed the same in his/ l / tom authorized capacity(), and that by his/ / tom€ signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
TRACY ASTON
C WITNESS my hand and official seal. rissicn# 21V 5
rK .:
E I, Notary Public- CalitorrIic
b Los Ageles Ccunty
Corn Exoires 141ay 1 20
r v
s
Signature
Signature of Notary Public
543
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
AM POWER OF ATTORNEY
TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company
Attorney- In Fact No.
230610
Certificate No. 006711606
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin( herein collectively called the" Companies"), and that the Companies do hereby make, constitute and appoint Tracy Aston, Kristine Mendez, KD Conrad, Simone Gerhard, Edward C. Spector, Lisa K. Crail, B. Aleman, Misty Wright, Renato F. Reyes, April Martinez, and Marina Tapia
of the City of I. os Angeles State of California their true and lawful Attorney( s)- in- Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 25th day of March 2016
Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian InsuranceCompany
SASU, E\ RE
4^ n N IN
rTY A
T 4rJ°'` Np
t>
a
RRY yTYAM' pPYOI
r
L
prn
r
i
r i -._ a HARTFORD, t 3 FWAh6HD, l
o. CON. NCDNN. A N 1896 5 a
BG: o; r,SEALo
State of Connecticut By:
City of Hartford ss. Robert L. Raney, enior Vice President On this the 25th day of March 2016 , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
G• Terj
In Witness Whereof, I hereunto set my hand and official seal. W w" 0, • V My Commission expires the 30th day of June, 2016. A(/BL G * Marie C. Tetreault, Notary Public 58440- 8- 12 Printed in U. S. A.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 544
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CUODrn 6 1 189 no.,'ar,/ r,_jnlic ,) r c
t, r -! c rt 0, i- 19' ltit" -= E' F1' rJ''- '! '-
f; V- ess ac7 va- r,ate 2, 7- aCrjecj an',! not tc,%%, i- c ! tris CeM rut, n State of California
County of
On IVV14& 065k // ZO Ito before me. VeSSA EIV
Date Here Insert Name and Title of the Officer
personally appeared e '
11177
CHRtS7- 1AA1
Name( s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person( si whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/they executed the same in his/ her/ their authorized capacity( ies), and that by his/ her/ their signature( s) on the instru-, ient the. person( s). or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify Linder PENALTY OF PERJURY under the laws
of the, State of California that the foregoing paragraph is true and correct.
V_OAN&E-S&S-A E&NIhD PAPATSOS
Commission # 2062185 WITNESS my hand and official seal. iNotary
z
My Comm.
San Bernardino
PublicExpires Mar
California
County
23, 2018
i
Signature
Signature of Notary Pullic
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this irformatior, can deter alteratio,, 7, of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document-. Document Date
Number of Pages: Signer( s) Other Than Named Above:
Capacity( ies) Claimed by Signer( s)
Signer' s Name: Signer' s Name,
Corporate Officer — Title('s): Corporate Officer — Title(s):
Partner Limited __ General Partner Limited __ General
individual Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Go- lser`,.,atot Other- Other:
Signer Is Representing: Signer is Representing,
2 7
1 2` 1-" Na+,ccal Ni c+ar,: Assoc: a- ion - \: a' i'-' ra Nctar,,. crg NOTARY ' 7 - 867 - 6 r,
545
CITY OF CHINO
CITY ATTORNEY MEMORANDUM
TO: Sylvia Ramos, Contracts Administrator
Public Works Department
FROM: Jimmy L. Gutierrez, City Attorney
DATE: November 17, 2016
SUBJECT: Public Improvement Agreement with Kaiser Foundation Health Plan, Inc., for PL15- 0100, and related bonds
I have reviewed, approved, and executed the Public Improvement Agreement with Kaiser Foundation Health Plan, Inc., for PI- 15- 0100, as well as faithful performance, labor and materials, and warranty bonds on the project.
Please note the following comments:
None.
If you have any questions, please do not hesitate to call.
Respectfully Submitted,
GUTIERREZ, FIERRO & ERICKSON, A. P. C.
Jimm
Ar
cc: n a les, City Clerk
Document No. 26400 1611. 16
546
6. 12
MEMORANDUM
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: NOVEMBER 15, 2016
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: JOSE ALIRE, ASSISTANT CITY MANAGER/ PUBLIC WORKS
SUBJECT: PUBLIC IMPROVEMENT AGREEMENT - PL 15- 0100 SITE APPROVAL KAISER FOUNDATION HEALTH PLAN, INC.).
RECOMMENDATION
Approve a Public Improvement Agreement with Kaiser Foundation Health Plan, Inc.; and authorize the City Manager to execute the necessary documents on behalf of the City.
FISCAL IMPACT
There is no fiscal impact to the City.
Revenue: Expenditure:
Transfer In: Transfer Out:
Ct`} 4111tNT CAt; bAR Pookst Mfg. 87 547
6. 12
COUNCIL MEETING DATE: NOVEMBER 15, 2016
SUBJECT: PUBLIC IMPROVEMENT AGREEMENT - PL 15- 0100 SITE APPROVAL ( KAISER FOUNDATION HEALTH PLAN, INC.)
PAGE 2
BACKGROUND
On November 16, 2015, the City of Chino Planning Commission conditionally approved PL 15- 0100 Site Approval to construct a total of 109, 455 square feet of medical offices in four buildings on a 8. 23 acre site, located at 3750 Grand Avenue ( Northeast corner of Grand and Roswell Avenues) ( Exhibit A).
The conditions of approval required public improvements including, but not limited to, pavement, curb, gutter, sidewalk and traffic signal modifications, which necessitates a Public Improvement Agreement.
ISSUES/ ANALYSIS
The developer will be constructing the public improvements adjacent to their frontage, as conditioned by the City of Chino Planning Commission. To guarantee the completion of these public improvements, the developer has submitted a Public Improvement Agreement and the necessary bonds. The City Attorney has reviewed and approved the agreement and bonds.
JA/ MB/ sm
rrY
Attachment: Exhibit A
ONSENt CALANIDAIR Packet Pg. 88 548
PL 15- 0100 SITE APPROVAL
EXHIBIT "A"
I
I
I
y
PL 15- 0100
F` SITE APPROVAL
F` z
w
Q
wl
cR
qVENv
I
N. T. S.
SITE PLAN
F CHINO
1991 : Public ImpraYe 'i+ tAgreement- P1 15- 0100 Site F ckst Pg. X39 549 2000562.1 4/21/2025 - 1 -
[KAISER FOUNDATION HEALTH PLAN, INC.]
SETTLEMENT AND RELEASE AGREEMENT
This Settlement and Release Agreement (“Agreement”) dated and effective _________, 2026, is entered into by and between KAISER FOUNDATION HEALTH PLAN, INC., a California nonprofit corporation (“Developer”) and the CITY OF CHINO, a general law city and municipal corporation (“City”).
Developer and City are collectively referred to as “Parties.”
RECITALS
A. On November 22, 2016, the City and Developer entered into the Public Improvement Agreement (“PIA”) (Exhibit A), which is incorporated herein by this reference, providing Developer with conditional authorization to construct, on certain real property owned by the Developer, a total of 109,455 square feet of medical offices in four buildings, at 3750 Grand Avenue, Chino, California 91710 (hereinafter called the “Project”).
B. The PIA required Developer to, inter alia, construct improvements proposed for the Project according to the Approved Street Improvement Plans (Exhibit B), which is incorporated herein by this reference, in a good workmanlike manner and in accordance with all applicable laws, statutes, ordinances, resolutions, and regulations in force and effect in the City and the State of California, and the terms and conditions imposed on the approval by the City’s Planning Commission.
C. After the City’s Approval (as defined in the PIA) of the plans and specifications of the Developer’s Project, the City’s personnel field inspected the Developer’s Project and improvements thereon, many without objection. The Parties agree that some improvements were completed in accordance with the applicable plans and specifications, some improvements may not have been but were completed without objection by the City, and the Parties dispute whether certain other improvements were so completed (“the Disputes”).
D. Specifically, the Disputes consist of the following: The City asserts that certain sidewalks, curb ramps, and related improvements at the Developer’s Project, within the public right of way fronting the Project from the northwest corner of the intersection Grand Avenue & Roswell Avenue extending northward along the frontage of the Property with Roswell Avenue, do not comply with the 2019 California Building Code, Title 24, Part 2, Chapter 11B, which governs accessibility to public buildings, public accommodations, commercial buildings, and public housing. Specifically, the City contends that the openings in floor or ground surfaces exceed the allowable passage of a 1/2” diameter sphere in violation of §11B-302.3, and that the sidewalks contain vertical changes in level greater than the 1/4” permitted by §11B-303.2. Additionally, the City asserts that Developer failed to construct the sidewalk to the width specified in the Approved Street Improvement Plans. On the other hand, the Developer asserts that the improvements were previously confirmed by City staff as ADA compliant and in accordance with the Approved Street Improvement Plans.
E. As a result of the City’s determination that the constructed improvements do not comply with the Approved Street Improvement Plans, the City has: a) not finally accepted certain improvements constructed by the Developer, and b) declined to exonerate the various construction and improvement bonds, security instruments and letters of credit (“Bonds”) provided for Developer’s Project, which Developer has continued to maintain.
F. In the interest of resolving all Disputes related to Developer’s Project and improvements thereon, the Parties agree to work together to complete final approval and acceptance of the 550
2000562.1 4/21/2025 - 2 -
improvements, reduction and exoneration of the related bonds, and all other security reconveyances.
To this end, the Parties agree that, in exchange for payment by Developer to City of the Agreed Remediation Costs (as that term is defined, infra), the City shall assume responsibility for implementing any and all corrective actions necessary to improvements that are the subject of the Disputes compliant with the PIA, the Approved Street Improvement Plans, and any and all applicable federal, state, and local laws, regulations, or guidance applicable to the improvements and shall further exonerate all Bonds previously required of the Developer.
G. The Parties now desire to resolve all of the issues encompassed in the Disputes and enter into this Agreement, to resolve the Disputes as well as all underlying and related contentions and allegations FINALLY, FULLY, COMPREHENSIVELY AND CONCLUSIVELY by the Parties, by and through this Agreement.
H. The Parties understand that this Agreement is subject to the approval of the City Council. The date upon which the City Council approves this Agreement shall be deemed its Effective Date.
NOW, THEREFORE, in consideration of the above Recitals, covenants and agreements, the Parties agree as follows:
SETTLEMENT
1. DEFINITIONS.
A. As used herein, the term “Claims” means all claims, charges, liabilities, damages, obligations, costs, expenses (including without limitation attorneys’ fees), rights and causes of action of any kind, legal or equitable, whether known or unknown, anticipated or unanticipated, past, present or future, contingent or fixed, existing, claimed to exist or which may hereafter exist under the United States Constitution, the California Constitution, applicable common law, contract, tort or other federal, state, local, or municipal law or regulation, relating in any way to the facts and circumstances that give rise to the Disputes, whether said facts and circumstances occurred prior to or after the occurrence of the Disputes.
B. As used herein, the term “Effective Date” means the first (1st) business day after the City Council’s approval of this Agreement. This Agreement shall not become effective, and neither party shall have any rights or obligations hereunder, until the “Effective Date”.
C. As used herein, the term “Agreed Remediation Costs” refers to those costs as detailed in Exhibit D, which is incorporated herein by this reference.
D. As used herein, the term “Approved Street Improvement Plans” refers to those plans as detailed in Exhibit B.
2. REPRESENTATIONS AND WARRANTIES.
A. Each party hereby represents and warrants that:
(i) It has the power and authority to enter this Agreement. (ii) None of the Claims released hereunder have been in the past or will in 551
2000562.1 4/21/2025 - 3 -
the future be assigned, conveyed, or transferred in any fashion to any other person and/or entity.
3. SETTLEMENT TERMS.
A. City Obligations.
(i) Nothing in this Agreement is intended to or shall have the lawful effect of contracting away the City’s zoning authority or any other aspect of the City’s police power or any discretionary approval that rests solely with the City Council, provided, however, the City agrees it will not use its authority, power or any discretionary approval in a manner that it is inconsistent with the provisions of this Agreement. City Staff and counsel for the City have previously reviewed the terms and conditions of this Agreement and have advised the City Council as to the sum and substance of its terms, to the satisfaction of the Council prior to any duly noticed public meetings. City Staff and counsel for the City agree to recommend acceptance and approval of all disputed improvements and projects described herein, consistent with the terms of this Agreement. (ii) The City shall notice any public meeting(s) required for presentation and approval of the Agreement in accordance with the Brown Act (Government Code Section 54950, et seq.) and other applicable laws, as promptly as is feasible. If the City Council fails to accept the improvements within sixty (60) days following the Effective Date, this Agreement shall be of no further force or effect on the sixty-first (61st) day. Upon approval of the Agreement, the following will govern the process for final acceptance, bonds, and related matters. a. The City and Developer agree that the Project and related improvements will be deemed accepted by Staff who shall recommend acceptance of such improvements to the City Council as set forth in Exhibit C, which is incorporated herein by this reference, subject to the Developer’s payment of Agreed Remediation Costs as set forth in Exhibit D.
b. The Agreed Remediation Costs shall be deposited with the City by Developer within thirty (30) days after the City tenders an invoice to Developer for such amounts, at which time all remaining Bonds or other security provided for such improvements shall be promptly exonerated. Disbursements shall be promptly made, and Reconveyances promptly recorded following the City’s regular administrative process.
c. For such parcels, Developer shall provide warranty security as required by Government Code § 66499.3 for a period of twelve (12) months following acceptance of the public improvements. In lieu of a warranty bond, Developer may provide a refundable cash deposit in the amount of Sixty-Eight Thousand Four Hundred Two Dollars ($68,402), representing ten percent (10%) of the prorated public improvement cost of Six Hundred Eighty-Four Thousand Twenty Dollars ($684,020), which excludes improvements addressed through the remediation payment set forth in this Agreement. Within ten (10) business days after expiration of the warranty period, and upon confirmation that no defects exist in the covered public improvements, City shall return the cash deposit to Developer or, if a bond was provided, shall execute a bond release form substantially in compliance with Exhibit E, which is incorporated herein by this reference. d. City Council’s acceptance of the improvements described above shall include a complete defense, indemnification and hold harmless of Developer in connection with any legal challenge brought by a third party, government entity or other person 552
2000562.1 4/21/2025 - 4 -
or entity relating to such improvements or this Agreement, with the City’s legal counsel of choice.
e. All other agreements between the parties relating to these improvements and any security therefore are specifically superseded by this Agreement.
B. Developer’s Obligations.
(i) Developer and each of Developer’s agents shall not oppose the City’s approval of the Agreement and shall support, both verbally and in writing, if requested by the City, the City’s acceptance of the Agreement (“Support Covenant”). This Support Covenant shall be of no further force or effect on the sixty-first (61st) day after the Effective Date if City Council fails to accept the improvements unless the Parties agree in writing to extend this deadline. (ii) Developer shall not file any lawsuits, administrative appeals pursuant to the City’s Municipal Code, or take any other enforcement action on the Disputes whatsoever, in whatever shape or form, to challenge, appeal, or otherwise seek to influence in any respect, approval of the Agreement except as may be necessary to support or defend the validity of the Agreement. (iii) Developer shall deposit the Agreed Remediation Costs with the City as set forth in Paragraph 3(A)(ii)(b) above.
C. General Obligations of All Parties.
(i) The Parties will use their best efforts and cooperate as necessary in performing and implementing this Agreement in good faith. (ii) As to the warranty bonds required by Government Code section 66499.3 for the Project, the parties have agreed that no claims shall be made under such bonds, as all potential claims have been waived in this Agreement. If a claim of defective construction or other fact allegedly giving rise to a claim under the Warranty Bond: a) the City shall investigate such allegations and reject such claim if appropriate; b) if the City considers the allegations to have merit, the parties will meet and confer and submit the allegations to mediation, consistent with Paragraph 5(G) below, before tending such claim to the surety.
4. GENERAL RELEASE.
A. General Release and Discharge of Claims by Developer. Upon the Effective Date of this Agreement, Developer, for itself and all of its predecessors, successors, assigns, representatives, attorneys, employees, officers, agents and affiliates1, does hereby fully and forever release and discharge the City, and all of its predecessors, successors, assigns, representatives, attorneys, agents, elective and appointive council members, council boards, commissions, commissioners, officers, employees, of and from any and all Disputes, Claims, demands, rights, damages, costs, litigation expenses, attorneys fees, expert fees, consultant fees, other fees, interest, lost profits and earnings, diminution in the value of the business, loss of past, current, future and subsequent business and patronage, the value of the leasehold interest, the loss of goodwill, any 1 “Affiliates” shall mean and include, without limitation, all officers, directors, shareholders, members, partners, trustees, parent companies, sister companies, affiliates, subsidiaries, employers, designees, attorneys, accountants, predecessors, successors, insurers, representatives, agents, designees, authorized parties and entities and related entities and individuals of a party under this Agreement. 553
2000562.1 4/21/2025 - 5 -
inverse condemnation claims, any claims for the taking of property, and any other damages, costs or expenses arising from any and all Disputes relating to Developer’s Project that Developer may have or may hereafter accrue, including without limitation, any and all known and unknown, foreseen and unforeseen claim, damage and injury, relating to, or in any way, directly or indirectly, involving or arising out of any facts or circumstances related to the Disputes.
B. General Release and Discharge of Claims by City. Upon the Effective Date of this Agreement, City, for itself and all of its predecessors, successors, assigns, representatives, attorneys, employees, officers, agents, affiliates, elective and appointive council members, council boards, commissions, and commissioners, does hereby fully and forever release and discharge the Developer, and all of its predecessors, successors, assigns, representatives, attorneys, agents, affiliates, officers, directors and employees, of and from any and all Disputes, claims, demands, rights, damages, costs, litigation expenses, attorneys fees, expert fees, consultant fees, other fees, interest, lost profits and earnings, and any other damages, costs and expenses arising from any and all Disputes relating to Developer’s Project that City may have or may hereafter accrue, including without limitation, any and all known and unknown, foreseen and unforeseen claim, damage and injury, relating to, or in any way, directly or indirectly, involving or arising out of any facts or circumstances related to the Disputes.
C. Waiver of Claims. It is the intention of the Parties, in executing this Agreement and receiving the consideration recited herein, that this Agreement will be effective as a full and final accord and satisfaction and general release of all Claims, debts, damages, liabilities, demands, obligations, costs, expenses, disputes, Disputes or causes of Disputes, that the Parties may have against each other by reason of any acts, circumstances or transactions relating in any way to the Disputes. In furtherance of this intention, the Parties hereby acknowledge that they are familiar with California Civil Code §1542 and that they hereby expressly waive the protection of that section, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR
RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY
HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
The Parties each waive and relinquish any right or benefit that they have or may have under California Civil Code §1542. That is, the Parties shall not invoke the benefits of California Civil Code §1542, or any such similar law, to prosecute or pursue any Claims released hereunder. In connection with such waiver and agreement, the Parties acknowledge that they are aware that they or their attorney may hereafter discover Claims or facts or legal theories in addition to or different from those which they know or believe to exist with respect to the Disputes, but that it is the intention hereby to fully, finally, and forever settle and release all of the Claims, known or unknown, suspected or unsuspected, which do now exist, may exist, or heretofore have existed by reason of any acts, circumstances, facts, events, or transactions relating in any way to the Disputes. It is expressly acknowledged and understood by the Parties to this Agreement that the Parties separately bargained for the foregoing waiver of the provisions of §1542 of the California Civil Code. The Parties consent that this release shall be given full force and effect in accordance with each and all the express terms and provisions, including those terms and provisions related to such unknown and unsuspected claims, demands, and causes of Disputes relating in any way to or arising out of the facts and circumstances underlying or connected with the Disputes.
D. No Representations and Warranties. Each Party represents and warrants to the other that, except as otherwise expressly provided in this Agreement, it is not relying on any 554
2000562.1 4/21/2025 - 6 -
representation whatsoever, whether express or implied, including without limitation, representations of fact or opinion made by or on behalf of the Parties herein.
E. Mutual Indemnification. The Developer hereby agrees that it shall indemnify and defend and hold the City and its elected and appointed officials, boards, commissions, officers, agents, attorneys, representative, and employees, harmless from any and all liability, loss, expense, damage, or claims which may arise directly or indirectly from or in connection with any allegation that the warranties and representations made by Developer in this Agreement are false and/or for the breach of any of the terms and conditions of this Agreement by Developer. The City hereby agrees that it shall indemnify and defend and hold the Developer and its predecessors, successors, assigns, representatives, attorneys, agents, affiliates, officers, directors and employees, harmless from any and all liability, loss, expense, damage, or claims which may arise directly or indirectly from or in connection with any allegation that the warranties and representations made by City in this Agreement are false and/or for the breach of any of the terms and conditions of this Agreement by City.
F. No Waiver of Agreement. Nothing herein shall be deemed as a waiver or release of the warranties, representations, rights and obligations of the Parties as set forth in this Agreement.
5. MISCELLANEOUS PROVISIONS.
A. This Agreement shall be governed and interpreted in accordance with the laws of the State of California. Each party agrees that the laws of the State of California shall apply and that any claims brought hereunder shall be subject to the laws and statutes of California. The venue of any legal challenge to this Agreement shall be the San Bernardino County Superior Court or the United States District Court for the Central District of California – Eastern Division.
B. Integrated Agreement. This Agreement and the exhibits attached hereto, which are incorporated into and form a part of this Agreement, contain the entire understanding and agreement between the Parties. No other representations, covenants, undertakings, or other prior or contemporaneous agreements, oral or written, respecting such matters, which are not specifically incorporated herein, shall be deemed in any way to exist or bind any of the Parties. The Parties acknowledge that this Agreement has been executed without reliance upon any such promise, representation, or warranty not contained herein.
C. Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all the Parties. No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provision whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Parties.
D. Binding on Successors. This Agreement and the covenants and conditions contained herein shall obligate, bind, extend to and inure to the benefit of the Parties and each of their respective successors in interest, including, but not limited to, their administrators, executors, owners, partners, officers, directors, shareholders, legal representatives, assignees, attorneys, successors, and agents or employees of the Parties hereto. Prior to assigning any rights or obligations Developer has or may have with respect to this Agreement to a third party, Developer shall obtain written confirmation and deliver to City that such assignee shall be bound by the terms of this Agreement and that such Assignee shall also be entitled to receive the benefits of this Agreement.
E. Representation. The Parties affirmatively represent that they have been 555
2000562.1 4/21/2025 - 7 -
represented by counsel of their own choosing. They have read this Agreement and have had the terms used herein and the consequences thereof explained by their attorneys of choice.
F. Construction. This Agreement shall not be construed against the Party preparing it but shall be construed as if all Parties jointly prepared this Agreement. Any uncertainty and ambiguity shall not be interpreted against any one Party. Language in all parts of the Agreement shall be in all cases construed as a whole according to its plain meaning.
G. Dispute Resolution. In the event a dispute arises as to the meaning or interpretation of any provision of this Agreement, including but not limited to any allegation of defective construction or other claim that could give rise to a demand under a warranty bond provided pursuant to Government Code section 66499.3, the parties shall first meet and confer in good faith for a period of thirty (30) days. If the parties are unable to resolve the matter, either party may refer the dispute to legal counsel for further efforts at resolution. Failing resolution among counsel within thirty (30) days thereafter, the parties shall, within fifteen (15) days, agree upon a qualified mediator, with at least ten (10) years of active experience in planning, construction, and ADA compliance, who shall conduct a mediation within thirty (30) days of appointment. If mediation is unsuccessful, either party may initiate litigation to resolve the dispute.
H. Attorneys’ Fees and Costs. All attorneys’ fees, expert fees and costs incurred through the date of this Agreement that relate in any way to the Disputes, the negotiation or preparation of this Agreement or any obligations called for herein, shall be borne by the respective Parties and each Party agrees to waive any claim, or claims, against any of the other Parties for the reimbursement of all, or any portion of said fees or costs. Should suit be brought to enforce or interpret any part of this Agreement, the prevailing party shall be entitled to recover its attorney’s fees and costs.
I. No Admission of Liability. This Agreement and the releases contained herein and the consideration referred to herein are done to save litigation expense and to effect the compromise and settlement of claims and defenses which are denied, disputed, and contested.
Nothing contained herein shall be construed as an admission by any Party of any liability of any kind to any other Party. The Parties agree that each Party expressly denies that it is in any way liable or indebted to any other Party and no person interpreting this Agreement shall be able to infer that any Party has engaged in any conduct giving rise to liability to any other Party.
J. Gender Neutral. Whenever in this Agreement the context may so require, the masculine, feminine and neutral genders shall be each deemed to include the other and the singular and the plural shall refer to one another.
K. Counterparts. This Agreement may be executed in duplicate counterparts, each of which shall be deemed an original and all of which shall constitute an agreement to be effective as of the date of signing. Further, signatures transmitted and memorialized by facsimile or electronically shall be deemed to have the same weight and effect as an original signature. The Parties may agree that an original signature will be substituted at some later time for any facsimile or electronic signature.
L. Captions and Interpretations. The paragraph titles and captions are inserted in this Agreement as a matter of convenience. As such, the paragraph titles or captions are not intended to define or describe the scope of any provision.
M. Invalid Clause May Be Severed. If any provision, clause, or part of the Agreement is adjudged illegal, invalid or unenforceable, the balance of this Agreement shall remain in 556
2000562.1 4/21/2025 - 8 -
full force and effect.
N. Survival of Warranties and Representatives. The warranties and representations made in this Agreement are deemed to survive the execution of this Agreement.
O. BY SIGNING THIS AGREEMENT, THE PARTIES CERTIFY THAT THEY HAVE
READ IT, THAT THEY HAVE CONSULTED WITH THEIR LEGAL COUNSEL ABOUT ITS EFFECT, AND THAT THEY FULLY UNDERSTAND IT.
[Signature page follows]
557
558
2000562.1 4/21/2025 - 10 -
EXHIBITS LIST
• EXHIBIT A – Public Improvement Agreement dated November 22, 2016
• EXHIBIT B – Approved Street Improvement Plans
• EXHIBIT C – Project to be Remediated by the City with Funds from Developer
• EXHIBIT D – Agreed Remediation Costs
• EXHIBIT E – Bond Release Letter
559
2000562.1 4/21/2025
Exhibit A
Public Improvement Agreement Between the City of Chino and Kaiser Foundation Health Plan, Inc. 560
Contract No.
Approved
PUBLIC IMPROVEMENT AGREEMENT
PL I5-0100 SITE APPROVAL
THIS AGREEMENT is entered into by and between the CITY OF CHINO, a Municipal Corporation of the State of California ( hereafter called the City) and Kaiser Foundation Health Plan, Inc. ( hereafter called the Developer).
WHEREAS, the Developer is the owner of certain real property situated in the City of Chino, County of San Bernardino, California, which Developer proposes to develop and construct certain work of improvements thereon, as hereafter set forth; and WHEREAS, the Developer has applied for and received conditional approval from the City to construct a total of 109, 455 square feet of medical offices in four buildings, at 3750 Grand Avenue (hereafter called the Project) from the City; and WHEREAS, the City desires to assure that said improvements proposed for the Project will be constructed in a good workmanlike manner and in accordance with all applicable laws, statutes, ordinances, resolutions and regulations now in force and effect in the City of Chino and the State of California and the terms and conditions imposed on the approval by the Planning Commission, all of which are incorporated herein; and
WHEREAS, the Developer acknowledges familiarity with the various requirements for public improvements contained in the Chino Municipal Code and agrees to comply therewith.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
Article 1. Duty to Install Public Improvements
1. 1 Requirements for Public Improvements. The Developer shall, at his/ her own cost and expense, construct, install and complete all of the public improvements contained in Exhibit 1 in a good workmanlike manner, according to the approved plans and specifications, and to the satisfaction of the Assistant City Manager/ Director of Public Works or his designee, within two ( 2) years from the date of the City' s approval of this Agreement, and within the time frame and subject to the conditions set forth in the Encroachment Permit that is issued for the required public improvements. The time for completion may be extended up to one ( 1) additional year by the City Council for good cause shown. The sum of eight hundred forty-two thousand two hundred and no/ 100 dollars ($ 842, 200. 00) is the estimated construction cost of said improvements.
1. 2 Ownership of Public Improvements. All public improvements constructed or installed pursuant to this Agreement shall become the sole exclusive property of Agreement Masters\Publiclmprovement. Master\ REV15- 0128\ MB Page 1 of 9 561
the City without payment therefore, upon acceptance of said improvements by the City.
1. 3 Definition of Improvements. The term "improvement" shall mean any and all work or infrastructure required for the development of the Project, including, but not limited to, bicycle trails, communication transmission devices, curbs, drainage facilities, electric transmission devices, excavation, grading, gutters, landscaping, pathways, sanitary sewers, sidewalks, streets, street lights, traffic control devices, utilities, water lines, as shown on plans, profiles or specifications prepared or submitted by the Developer.
1. 4 Repair or Reconstruction of Defective Improvements. If, within a period of one ( 1) year after final acceptance of work performed under this Agreement, any improvement or part of any improvement constructed, installed or furnished, or caused to be constructed, installed or furnished by the Developer, or any of the work done under this Agreement fails to comply with, or satisfy, any of the requirements of this Agreement, or the specifications referenced herein, the Developer shall, without delay and without any cost to the City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or improvements. Should the Developer fail to act promptly or in accordance with these requirements, or should an emergency require repairs or replacements to be made before the Developer can be notified, the City may, at its sole option, make the necessary repairs or replacements or perform the necessary work, and the Developer shall pay to the City the actual cost of such repairs, plus 15 percent.
1. 5 Repair or Replacement of Unrelated Improvements. The Developer shall replace, or have replaced, or repair, or have repaired, as the case may be, all pipes and monuments situated on said property, delineated on the plans, which have been destroyed or damaged and the Developer shall replace, or have replaced, repair, or have repaired, as the case may be, or pay to the owner, the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City, or by any public or private corporation, or by any person whomsoever, or by any combination of such persons. Any such repair or replacement shall be to the satisfaction, and subject to the approval, of the Assistant City Manager/Director of Public Works or his designee.
1. 6 Time of Completion. All of the public improvements shall be completed within two ( 2) years from the date of the City' s approval of this Agreement, and within the time frame and subject to the conditions set forth in the Encroachment Permit that is issued for the required public improvements. In the event that the Developer fails to complete the public improvements within said period, the City may complete said work and shall be entitled to recover the full cost and expenses thereof from the Developer, or its surety, as hereinafter provided. The City may require the Developer, or its surety, to pay the City, in advance, sufficient monies to pay for the City's cost of completing construction and installation of said public improvements.
1. 7 Security. Contemporaneously with the execution hereof, the Developer shall file security, subject to the approval of the City Attorney, pursuant to Section 66499 of the Government Code and Section 19. 09. 010 of the Chino Municipal Code, to guarantee performance of the requirements of this Agreement, and all of the City's ordinances, specifications and regulations as follows:
Agreement Masters\ Publiclmprovement. Master\ REV15- 0128\ MB Page 2 of 9 562
a. A security device in an amount equal to 100 percent of the estimated construction cost to guarantee the faithful performance of all of the requirements of this Agreement, including the construction, installation and completion of the work and public improvements required by this Agreement; and
b. A security device in an amount equal to 50 percent of the estimated construction cost to guarantee payment to the contractors, their subcontractors, and to persons renting equipment or furnishing labor and materials to said contractors, for the public improvements required by this Agreement; and
C. All security devices under this Agreement shall also guarantee the payment of reasonable attorney fees, expert witness fees and court costs to the City; and d. Any changes or alterations in the work or public improvements required hereunder, not exceeding 10 percent of their original estimated cost, shall not relieve any liability of the security given for the faithful performance of this Agreement. In the event any changes or alterations of the work or public improvements required hereunder exceed 10 percent of their original estimated cost, the Developer shall provide such additional security for its faithful performance as determined by the Assistant City Manager/Director of Public Works or his designee and approved by the City Attorney.
The City Council may, at its sole discretion, reduce the amount of any security device as recommended by the Assistant City Manager/Director of Public Works or his designee and the City Attorney for any portion of the public improvements installed by the Developer and accepted by the Assistant City Manager/Director of Public Works or his designee.
1. 8 One Year Warranty and Warranty Bond. Without limiting the foregoing, the Developer warrants and guarantees materials used and workmanship performed on said work and public improvements. In connection herewith, the Developer shall submit security, subject to the approval of the City Attorney, for a period of one ( 1) year following the completion and acceptance of the work hereunder in the sum equal to 10 percent of their actual construction cost and reasonable attorney fees, expert fees and court costs. The Developer further agrees to pay the City for all costs to maintain the landscaping in a vigorous and thriving condition, to maintain the street lights and to pay for all energy costs for a period of one ( 1) year after completion and acceptance thereof by the Assistant City Manager/ Director of Public Works or his designee and the City Council. Maintenance and energy costs shall be based on the amounts specified in the most recent publication of the Annual Engineer's Report for the Levy of Assessments for the Landscaping and Lighting Districts.
1. 9 Payment of Labor and Materials. The Developer and its contractors shall pay for any materials, provision, provender and other supplies or equipment used in, upon, for, or about the performance of the work contracted to be done, and for any work or labor thereon of any kind, and for a payment bond with respect to such work or labor, as required by Civil Code Section 9550.
Agreement Masters\Publiclmprovement. Master\REV15- 0128\ MB Page 3 of 9 563
Article 2. Procedural Requirements
2. 1 Preparation of Improvements Plans. No work pursuant to this Agreement shall be commenced until the Developer's plans, profiles and specifications for the public improvements have been submitted to and approved by the Assistant City Manager/ Director of Public Works or his designee. The Developer warrants that its plans, profiles and specifications conform as a minimum to the City's ordinances and standard specifications, and that they are adequate to construct and install the public improvements in a good, workmanlike manner and in accordance with sound construction practice for public works.
2.2 Cost of Checking Plans. The Developer shall pay to the City the cost of checking and approving the plans, profiles and specifications. The Developer shall pay to the City the fees for the cost of checking said plans upon submittal of said plans to the City. If said fees prove to be insufficient to complete said plan checking, the Developer shall make additional deposits as required by the Assistant City Manager/ Director of Public Works or his designee.
Failure to make any required payment or deposit shall cause such plan checking to be suspended and be grounds to withhold the issuance of building permits for any construction.
2. 3 Soils Report. The Developer shall cause to be made and pay for soil tests made by a reputable soils testing laboratory to determine gradation, bearing and resistance value of soils within the Project. The Developer shall also cause to be made and pay for all compaction tests necessary to determine that all soils, including the utility trenches, have been satisfactorily backfilled.
2.4 Permits and Fees. The Developer shall, at the Developer' s expense, obtain all necessary permits and licenses for the construction and installation of the work and public improvements required hereunder and pay all required fees and taxes and give all necessary notices.
2. 5 Superintendence by the Developer. The Developer shall provide continuous superintendence to the construction and installation of the public improvements by assigning a competent foreman or superintendent, satisfactory to the Assistant City Manager/ Director of Public Works or his designee, to the work site, who shall have full authority to act for the Developer
2. 6 Duty to Facilitate Inspections. The Developer shall at all times maintain proper facilities and provide safe access for inspection by the Assistant City Manager/ Director of Public Works or his designee, to all parts of the work, and to the shops wherein the work is in preparation.
Article 3. The Developer' s Liabilities
3. 1 Liability of the Developer. The Developer agrees that the use for any purpose and by any person of any or all of the work and public improvements required by this Agreement shall be at the sole and exclusive risk of the Developer at all times prior to final acceptance by the City of the completed public improvements thereon and therein; provided that acceptance by the City shall not eliminate, lessen or relieve the Developer of any obligations or undertakings contained in this Agreement. The issuance of any occupancy permits by the City Agreement Masters\Publiclmprovement. Master\ REV15- 0128\ MB Page 4 of 9 564
for any structures located within the Project shall not be construed to constitute an acceptance or approval of any of the public improvements required hereunder.
3. 2 Liability for Nonperformance. Neither the City nor any of its officers or agents shall be liable to the Developer or its contractors for any error or omission arising out of, or in connection with, any work to be performed under this Agreement or the plans, profiles or specifications therefore approved by the Assistant City Manager/Director of Public Works or his designee.
3. 3 Development Impact Fees. Development Impact Fees shall be paid pursuant to and in accordance with Chino Municipal Code Chapter 3. 40.
3.4 Utility Deposits. Prior to commencement of any work required by this Agreement, the Developer shall file with the Assistant City Manager/ Director of Public Works or his designee a statement signed by the Developer and each public utility to the effect that the Developer has made all deposits legally required by such public utility for the connection of any and all public utilities required to be supplied by such public utility within the subdivision.
3. 5 Liability for Personal Injuries. The City shall not be liable to the Developer or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever, in, on or about the development or connected to the construction and installation of the work and public improvements required hereunder.
3. 6 Release and Indemnification. The Developer hereby releases and agrees to indemnify and save the City harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage and liability, howsoever the same may be caused, and whensoever the same may appear, resulting directly or indirectly from the performance or nonperformance of any work or public improvement to the Property and upon premises adjacent thereto pursuant to this Agreement, and also from any and all injuries to, and deaths of persons, and injuries to property or other interests, and all claims, demands, costs loss, damage, and liability, howsoever same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the Developer, Developer' s agents, employees, and subcontractors, while engaged in the performance of said work or public improvements. Prior to the commencement of any work or public improvement required hereunder, the Developer shall furnish to the City satisfactory evidence of an insurance policy, written upon a form and by a company which meets with the approval of the City, insuring the City, its officers, agents, and employees against loss or liability which may arise during the work, or which may result from any of the work herein required to be done, including all costs of defending any claim arising as a result thereof. Minimum liability and property damage insurance shall be not less than $ 500, 000. 00 for all damages arising out of bodily injury to or death of one person and not less than $ 1, 000,000.00 for all damages arising out of bodily injuries to or death of more than one person in any one occurrence; and not less that $ 250, 000. 00 for all damages and/ or destruction of property in any one occurrence and not less than $ 500, 000. 00 for all damages and/ or destruction of property during the policy period.
Said policy shall be maintained in full force and effect during the life of this Agreement. Said policy shall state, by its terms and by an endorsement, that said policy shall not be canceled until the City shall have had at least ninety ( 90) days prior notice in writing of such cancellation.
Agreement Masters\ Publiclmprovement. Master\ REV15- 0128\ MB Page 5 of 9 565
Article 4. Inspection of Improvements
4. 1 Inspection by Assistant City Manager/ Director of Public Works. All public improvements shall be constructed under the inspection of, and subject to approval of the Assistant City Manager/ Director of Public Works or his designee. The cost of inspections shall be paid by the Developer, who shall submit the inspection fee, as required by the City' s Fee Structure approved by the City Council, prior to the issuance of building permits
4.2 Approval by Assistant City Manager/ Director of Public Works. It is mutually agreed that the Assistant City Manager/Director of Public Works or designee shall have the authority to reject any or all of the work or public improvements required hereunder if same fails to conform to the approved plans, profiles or specifications for said public improvements or if same are not constructed or installed in a good and workmanlike manner to the satisfaction of the Assistant City Manager/ Director of Public Works or his designee. Furthermore, any damage to existing facilities, including any curbs, drainage facilities, gutters, landscaping, sewer and water mains, street or utilities, that occurs after installation, shall be repaired to the satisfaction of the Assistant City Manager/ Director of Public Works or his designee by the Developer prior to the issuance of an occupancy permit for any structure within the Project and prior to the release of any security provided hereunder.
4,3 Responsibility Despite Inspections. Notwithstanding the fact that the Developer' s plans, profiles and specifications, and construction and installation of the public improvements, and other acts are subject to the approval of the Assistant City Manager/ Director of Public Works or his designee, it is understood and agreed that any approval by the Assistant City Manager/Director of Public Works or his designee shall not relieve the Developer of the obligation to satisfactorily perform the obligations hereunder. All construction shall be performed strictly in accordance with the approved plans, profiles and specifications, the City' s latest standard specifications and the provisions of the Chino Municipal Code to the satisfaction of the Assistant City Manager/Director of Public Works or his designee.
4.4 Occupancy Permits. No occupancy permit for any structure on any lot within the Project shall be issued, and no utility connection shall be made, unless and until the Developer has complied with all the obligations hereunder to the satisfaction of the Assistant City Manager/ Director of Public Works or his designee.
4.5 Certification of Satisfactory Completion. Upon the satisfactory completion of the improvements by the Developer, the Assistant City Manager/Director of Public Works or his designee, shall certify that the work of said improvements has been satisfactorily completed.
4. 6 Filing of " Record" Drawings. Upon completion of the work or public improvements, the Developer shall submit one mylar ( 4 mils) set of " Record" drawings to the Assistant City Manager/ Director of Public Works or his designee. These drawings shall be certified as representing the actual construction and shall depict the work and public improvements as actually constructed, with all changes incorporated therein.
Agreement Masters\ Publiclmprovement. Master\REV15- 0128\ MB Page 6 of 9 566
Article 5. Miscellaneous Provisions
5. 1 Relationship of Contractors. It is hereby mutually covenanted and agreed by the parties hereto that the Developer' s contractors are not agents of the City and that the contractors' relations to City, if any, are those of independent contractors.
5. 2 Entire Agreement. This writing constitutes the entire agreement of the Parties and supersedes any prior written or oral agreements between them with respect to the subject matter hereof and may not be modified or amended except as set forth herein.
5. 3 Attorney' s Fees. In the event that any action at law or in equity is brought to interpret or enforce any provision of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs.
5.4 Assignment. This Agreement shall not be assignable by the Developer without written consent of the City.
5. 5 Successors. Subject to the restrictions against assignment contained herein, this Agreement shall inure to the benefit of and shall be binding upon each of the parties and their respective assigns, successors in interest, person representatives, estates, heirs and legatees.
5.6 No Waiver. No waiver of any breach or default hereunder shall be considered valid unless in writing, and no such waiver shall be deemed a waiver of any subsequent breach or default of the same or similar nature.
5. 7 Choice of Law. This Agreement shall be governed by the laws of the State of California without regard to the principles of conflict of laws.
5.8 Invalidity. If any provision of this Agreement is declared invalid, void, or unenforceable by a court of competent jurisdiction of the State of California, the remaining provisions shall continue in full force and effect.
5. 9 Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall be deemed one original.
5. 10 Effective Date of Agreement. This Agreement shall not become effective unless and until approved by the City Council of the City of Chino.
Agreement Masters\ Publiclmprovement. Master\REV15- 0128\ MB Page 7 of 9 567
IN WITNESS WHEREOF, the City and the Developer have executed this agreement in the City of Chino, California.
Approved as to Form: Approved as to Content:
City Attor e e A ire
Assistant City Manager
KAISER FOUNDATION HEALTH PLAN,
INC.
By: h li x16
Sign ure and Date)
Name:
Please type or print name)
Title:
MM Ver—
Vice President of Real Estate Acquisition
National Facilities Services
CITY OF CHINO
Matth a e, City Manager
Dated:
ATTEST:
an.- OL-10-
Angela obles, City Clerk
Dated: A . ?32 •
Ib
Attachment: Exhibit 1
Agreement Masters\Publiclmprovement. Master\REV15-0128\ MB Page 8 of 9 568
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1183 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County ofCl wff4
On O V C( O before me, lu( leto [hi*
Date Here In ert Name an Title of the fficer
personally appeared _ f
ir,/
a yy.
Name(xof Signero
who proved to me on the basis of satisfactory evidence to be the personK whose name()' is/ afe subscribed to the within instrument and acknowledged to me that he/ sj / tl executed the same in his/ fes/tf r authorized capacity( i , and that by his/ hzf%tfj fF signature W on the instrument the person* y, or the entity upon behalf of which the person( s acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
COLLEEN OAHLE• HONG WITNESS my hand and official seal.
Commission r- 2037176
z Notary Public- California
Alameda County
Signature d/>
M Comm. Ex fres Au 22, 2017+ Signature of Notary blit
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity( ies) Claimed by Signer( s)
Signer' s Name: Signer' s Name:
Corporate Officer — Title( s): Corporate Officer — Title( s):
Partner — Limited General Partner — Limited General
Individual Attorney in Fact D Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other:
Signer Is Representing: Signer Is Representing:
02014 National Notary Association • www.NationaiNotary. org • 1- 800- US NOTARY ( 1- 800- 876- 6827) Item # 5907 569
PUBLIC IMPROVEMENT AGREEMENT
EXHIBIT I
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 shall be 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 Developer shall also perform all work and furnish all materials necessary, in the opinion of the Assistant City Manager/Director of Public Works 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.
Agreement MastersTubliclmprovement. Master\ REV15- 0128\ MB Page 9 of 9 570
Issued In Triplicate
Bond No.: 106530200M
Contract No.: Q,p/- - 22f/
Approved: /// 1S/ 2a/ tp
WARRANTY BOND
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as CITY" and Kaiser Foundation Health Plan, Inc., hereinafter designated as " PRINCIPAL," have entered into an agreement whereby Principal has agreed to warrant and guarantee the installation, completion, and maintenance of certain designated public improvements, which said agreement, dated and identified as Project No. PL 15- 0100 Site Approval, is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the warranty of said improvements.
NOW, THEREFORE, we, the Principal, and Travelers Casualty and Surety Company of America, as surety, are held and firmly bound unto the City of Chino in the penal sum of Eighty- Four Thousand Two Hundred and no/ 100 Dollars ($ 84, 200. 00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bound Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on October 21, 2016.
Kaiser Foundation H alth Plan, Inc. Travelers Casualty and Surety Company of America SURETY
By: By:
Edward C. Spector, Attorney- In- Fact
SIGNATURE( S) MUST BE NOTARIZED
Approv s to F
C' Att e
D ue o. 19808( PWFORMS\ BONDS-Warranty\ rev. 05/ 2012) Page 1 of 1 571 r
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
On before me, Tracy Aston, Notary Public, personally appeared Edward C. Spector who proved to me on the basis of satisfactory evidence to be the person(s) whose name( s) is/ am subscribed to the within instrument and acknowledged to me that he/ sw/ tom executed the same in his/ lw/t4@4 authorized capacity(ies), and that by his/ / tom signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
F
TRACY ASTON
WITNESS my hand and official seal.
f C^= ission # 2107456
P, > . Notary Public- Caiiforni
r
Los Angeles Courjty
v Comm. Expires May 15, 201r
Signature
Signature ofNotary Public
572
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Aim POWER OF ATTORNEY
TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company
Attorney- In Fact No.
230610
Certificate No. 006711602
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin( herein collectively called the" Companies"), and that the Companies do hereby make, constitute and appoint Tracy Aston, Kristine Mendez, KD Conrad, Simone Gerhard, Edward C. Spector, Lisa K. Crail, B. Aleman, Misty Wright, Renato F. Reyes, April Martinez, and Marina Tapia
of the City of Los Angeles State of California their true and lawful Attorney( s)- in- Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 25th day of March 2016
Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company
G/. SU• I
j`
G
RE
6 @ O?
N.. NSG9 Jpt,-\NSVgq•., Jp(
Y
ANO'
9G
0/- Fl.,
L• C
tZ HARTFORD, <
gg j: 03 W
CONN.
1q
State of Connecticut By:
City of Hartford ss. Robert L. Raney, enior Vice President On this the 25th day of March 2016 before me personalty appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2016. j0{IBL G # Marie C. Tetreault, Notary Public f
58440-8- 12 Printed in U. S.A.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 573
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189
Ano pxb| io o' c4he, oeoumpi g h/ o cer| c o vahhea on * / osndg of ind)vua, dooumonttowh} ohtniu oertifioate iauttauhedand not the truthfulness siidi- y oflhst documen State of Oo! hbmia
County of SAJ 6014VhAblAlb
On before me.
Date Hon* Insert Name and Title of the Officer
personally appeared
Narne( s) ofS/ gner( s)
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed tothe within instrument and acknowledged to me that he/ she/they executed the same in his/ her./their aLAthorized capacity( ies), and that by his/ her/ their signature( s) on the instrument thePerson( s), or the entity upon behalf of which the person( e) actod, executed the instrument. certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph Commission # 2062185 L
is true and correct.
Notary Public- VV| TNES8myhand andofficialseal. t2__ San Bernardino County My Comm. Ex,pires Mar 23, 20181
Signature___
Signature of Notary Pu5c
Place Notary Seal Above
OPTIONAL
Though this section / soptional, completing this information can deter a/ h»nstionmfthe document or fraudulent reattachment of this form to an unintended document Description ofAttached Document
Title orType of Document: Document Date,
Number of Pages: Signer( s) Other Than Named Above:
Capaoity( iam) Claimed by Signer( s)
Signer' s Name: Signer' s Name:
Corporate Officer — Title( s): Corporate Officer — Tit>e( a): ________________ Partner --- - Limited - General Partner — - Limited -_ General ndividua! Attorney in Fact Individual Attorney in Fact
Trustee Guardian or Conservator Tn/ atee Guardian or Conservator Other Other:
Signer | eRepresenting: Signer is Representing:
1 201, Naliono| NotoryAosociot' on ' vv* vN iona| oienorg I( 0- Q0)'- 876- 682 ) tam ¥ 5gO7 574
Issued In Triplicate
Bond No.: 106530200
Contract No.: 1i>1' 7 - ZZ
Approved: 11.1051110 0-1z
LABOR AND MATERIAL BOND
WHEREAS, the City Council of the City of Chino, State of California, hereinafter designated as " CITY" and Kaiser Foundation Health Plan, Inc., hereinafter designated as " PRINCIPAL," have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated and identified as Project No. PL 15- 0100 Site Approval, is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Chino to secure the claims to which reference is made in Title 15 ( commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.
NOW, THEREFORE, said Principal and the undersigned, as corporate surety, are held and firmly bound unto the City of Chino, and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Four Hundred Twenty- One Thousand One Hundred and no/ 100 Dollars ($ 421, 100. 00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 ( commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on October 21, 2016.
Kaiser Foundation Health Plan, Inc. Travelers Casualty and Surety Company of America
PRINCIPAL
4n ,
SURETY
By: By:
Edward C. Spector, Attorney- In- Fact
SIGNATURES MUST BE NOTARIZED
Approved s orm:
oc ent No. 16354( P MS\ BONDS- L& M\ rev. 05! 2012) Page 1 of 1 575
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
On
l." ° io `'
before me Tracy Aston, Notary Public, appeared
Edward C. Spector who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ subscribed to the within instrument and acknowledged to me that he/ isplw/ they executed the same in his/ / tom authorized capacity(ios), and that by his/h/4w4 signature( s) on the instrument the person( s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. i
TRACE' ASTOi• WITNESS my hand and official seal.
Co- nrn} s, ion#-` 2107455
Notary Public- Cdifior la
Los Angeles County F:
n^ F,;,! res M,, 15 231 iia Cornm ( ...°_ ._
Signature 6d/*404
Signature of Notary Public
576
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Aim POWER OF ATTORNEY
TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company
Attorney- In Fact No.
230610
Certificate No. 006711607
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin( herein collectively called the" Companies"), and that the Companies do hereby make, constitute and appoint Tracy Aston, Kristine Mendez, KD Conrad, Simone Gerhard, Edward C. Spector, Lisa K. Crail, B. Aleman, Misty Wright, Renato F. Reyes, April Martinez, and Marina Tapia
of the City of LOS Angeles State of California their true and lawful Attorney( s)- in- Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 25th day of March 2016
Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company
ASUq TYq 3FtAE e6,.$
C o;
o; i
L
State of Connecticut By:
City of Hartford ss. Robert L. Raney, enior Vice President On this the 25th
day of
March 2016 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal. W w My Commission expires the 30th day of June, 2016. OUBL G * Marie C. Tetreault, Notary Public s
58440- 8- 12 Printed in U. S. A.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 577
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL C0QE § 1180 no- ar), puh|}uo' othe' officer comp/exingeevehf|eooni nsi enii yof zsi«o\ vi ua! whoe/ gneut a mocumont towh. oi t is cyrt' f! oote Sa ache an, not theLnjthfu| neoy ocou: ac : rva|' d" y ut| hat documant State ofCaUfnroia
County of
or, before me. 4 EsDate Here Insert Name and Title of the Officer personally appeared G»4
Nerne(s) of3/gner(s)
who proved to me on the basis of satisfactory evidence to be the person(s) vvhoae name(s) is/ era oubuoribed to the within instrument and acknowledged to me that he/ she/ they exeouted the same in h\ a/ hentheirauthorized oapeoity(ies), and that by hia/ he»/thairni0natuna( s) on the ioatrunnentthe pe/ aon(a), or the entity upon behalf of which the person( s) autod, executed the instrument. certify under PENALTY OF PERJURY under the |avva
of the State of California that the foregoing paragraph is true and correct.
Commission# WITNESS my hand and official seal. 2062185
Notary Public- California zz
z San Bernardino County
My Comm. Expires Mar 23, 2018 Signa
Signature of Notary PuAllic '
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document
Title o, Type of Document: Document DateNumber of Pages: Signer( s) Other Than Named Above:
Cmpmcity( iem) Claimed bySignmr( o)
Signer' s Name: Signer' s Name:
Corporate Officer — Title( s): Corporate Officer — Tit|e(o):
Partner — I- Limited -- General Partner — Limited General Individual Attorney in Fact ndividua, Attorney in Fact
Trustee Guardian or
Conservator TrUateo Guardien or Conservator
Other: Other:
Signer | aRepresenting: Signer Is Representing:
D2O140atinna| NotaryAasooiscion ' 1- 8001- 11. GN0,71ARY ( 1' 803- 876- 6827) ! ty" s ¥ 5g 7 578
Issued in Triplicate
Bond No.: 106530200
Contract No.: 10/ ) - Z Z 41
Approved: its/g/ QCylp set I?-
and Kaiser
WHEREAS,
Foundation
the City
Health
Council
Plan.
FAITHFUL
of
Inc.,
the City
hereinafter
PERFORMANCE
of Chino,
designated
State of California,
as "
BOND
PRINCIPAL,"
hereinafter
have
designated
entered
as "
into
CITY"
2 an
agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated and identified as Project No. PL 15- 0100 Site Approval, is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we, the Principal and Travelers Casualty and Surety Company of America, as surety, are held and firmly bound unto the City of Chino in the penal sum of Eight Hundred Forty- Two Thousand Two Hundred and no/ 100 Dollars ($ 842, 200. 00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above- bound Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in said agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on October 21, 2016.
Kaiser Foundation Health Plan, Inc. Travelers Casualty and Surety Company of America
PRINCIPAL SURETY
By: By:
Edward C. Spector, Attorney- In- Fact
SIGNATURES MUST BE NOTARIZED
Approved as to For
City A e
Docu ent No. 16353( PWFORMS\ BONDS- faithful performance\ rev. 05/ 2012) Page 1 of 1 579
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
On fF j' before me, Tracy Aston, Notary Public, personally appeared Edward C. Spector who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ate subscribed to the within instrument and acknowledged to me that he/ she/ tom executed the same in his/ l / tom authorized capacity(), and that by his/ / tom€ signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
TRACY ASTON
C WITNESS my hand and official seal. rissicn# 21V 5
rK .:
E I, Notary Public- CalitorrIic
b Los Ageles Ccunty
Corn Exoires 141ay 1 20
r v
s
Signature
Signature of Notary Public
580
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
AM POWER OF ATTORNEY
TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company
Attorney- In Fact No.
230610
Certificate No. 006711606
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin( herein collectively called the" Companies"), and that the Companies do hereby make, constitute and appoint Tracy Aston, Kristine Mendez, KD Conrad, Simone Gerhard, Edward C. Spector, Lisa K. Crail, B. Aleman, Misty Wright, Renato F. Reyes, April Martinez, and Marina Tapia
of the City of I. os Angeles State of California their true and lawful Attorney( s)- in- Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 25th day of March 2016
Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian InsuranceCompany
SASU, E\ RE
4^ n N IN
rTY A
T 4rJ°'` Np
t>
a
RRY yTYAM' pPYOI
r
L
prn
r
i
r i -._ a HARTFORD, t 3 FWAh6HD, l
o. CON. NCDNN. A N 1896 5 a
BG: o; r,SEALo
State of Connecticut By:
City of Hartford ss. Robert L. Raney, enior Vice President On this the 25th day of March 2016 , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
G• Terj
In Witness Whereof, I hereunto set my hand and official seal. W w" 0, • V My Commission expires the 30th day of June, 2016. A(/BL G * Marie C. Tetreault, Notary Public 58440- 8- 12 Printed in U. S. A.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 581
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CUODrn 6 1 189 no.,'ar,/ r,_jnlic ,) r c
t, r -! c rt 0, i- 19' ltit" -= E' F1' rJ''- '! '-
f; V- ess ac7 va- r,ate 2, 7- aCrjecj an',! not tc,%%, i- c ! tris CeM rut, n State of California
County of
On IVV14& 065k // ZO Ito before me. VeSSA EIV
Date Here Insert Name and Title of the Officer
personally appeared e '
11177
CHRtS7- 1AA1
Name( s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person( si whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/they executed the same in his/ her/ their authorized capacity( ies), and that by his/ her/ their signature( s) on the instru-, ient the. person( s). or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify Linder PENALTY OF PERJURY under the laws
of the, State of California that the foregoing paragraph is true and correct.
V_OAN&E-S&S-A E&NIhD PAPATSOS
Commission # 2062185 WITNESS my hand and official seal. iNotary
z
My Comm.
San Bernardino
PublicExpires Mar
California
County
23, 2018
i
Signature
Signature of Notary Pullic
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this irformatior, can deter alteratio,, 7, of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document-. Document Date
Number of Pages: Signer( s) Other Than Named Above:
Capacity( ies) Claimed by Signer( s)
Signer' s Name: Signer' s Name,
Corporate Officer — Title('s): Corporate Officer — Title(s):
Partner Limited __ General Partner Limited __ General
individual Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Go- lser`,.,atot Other- Other:
Signer Is Representing: Signer is Representing,
2 7
1 2` 1-" Na+,ccal Ni c+ar,: Assoc: a- ion - \: a' i'-' ra Nctar,,. crg NOTARY ' 7 - 867 - 6 r,
582
CITY OF CHINO
CITY ATTORNEY MEMORANDUM
TO: Sylvia Ramos, Contracts Administrator
Public Works Department
FROM: Jimmy L. Gutierrez, City Attorney
DATE: November 17, 2016
SUBJECT: Public Improvement Agreement with Kaiser Foundation Health Plan, Inc., for PL15- 0100, and related bonds
I have reviewed, approved, and executed the Public Improvement Agreement with Kaiser Foundation Health Plan, Inc., for PI- 15- 0100, as well as faithful performance, labor and materials, and warranty bonds on the project.
Please note the following comments:
None.
If you have any questions, please do not hesitate to call.
Respectfully Submitted,
GUTIERREZ, FIERRO & ERICKSON, A. P. C.
Jimm
Ar
cc: n a les, City Clerk
Document No. 26400 1611. 16
583
6. 12
MEMORANDUM
CITY OF CHINO
PUBLIC WORKS DEPARTMENT
COUNCIL MEETING DATE: NOVEMBER 15, 2016
TO: MATTHEW C. BALLANTYNE, CITY MANAGER
FROM: JOSE ALIRE, ASSISTANT CITY MANAGER/ PUBLIC WORKS
SUBJECT: PUBLIC IMPROVEMENT AGREEMENT - PL 15- 0100 SITE APPROVAL KAISER FOUNDATION HEALTH PLAN, INC.).
RECOMMENDATION
Approve a Public Improvement Agreement with Kaiser Foundation Health Plan, Inc.; and authorize the City Manager to execute the necessary documents on behalf of the City.
FISCAL IMPACT
There is no fiscal impact to the City.
Revenue: Expenditure:
Transfer In: Transfer Out:
Ct`} 4111tNT CAt; bAR Pookst Mfg. 87 584
6. 12
COUNCIL MEETING DATE: NOVEMBER 15, 2016
SUBJECT: PUBLIC IMPROVEMENT AGREEMENT - PL 15- 0100 SITE APPROVAL ( KAISER FOUNDATION HEALTH PLAN, INC.)
PAGE 2
BACKGROUND
On November 16, 2015, the City of Chino Planning Commission conditionally approved PL 15- 0100 Site Approval to construct a total of 109, 455 square feet of medical offices in four buildings on a 8. 23 acre site, located at 3750 Grand Avenue ( Northeast corner of Grand and Roswell Avenues) ( Exhibit A).
The conditions of approval required public improvements including, but not limited to, pavement, curb, gutter, sidewalk and traffic signal modifications, which necessitates a Public Improvement Agreement.
ISSUES/ ANALYSIS
The developer will be constructing the public improvements adjacent to their frontage, as conditioned by the City of Chino Planning Commission. To guarantee the completion of these public improvements, the developer has submitted a Public Improvement Agreement and the necessary bonds. The City Attorney has reviewed and approved the agreement and bonds.
JA/ MB/ sm
rrY
Attachment: Exhibit A
ONSENt CALANIDAIR Packet Pg. 88 585
PL 15- 0100 SITE APPROVAL
EXHIBIT "A"
I
I
I
y
PL 15- 0100
F` SITE APPROVAL
F` z
w
Q
wl
cR
qVENv
I
N. T. S.
SITE PLAN
F CHINO
1991 : Public ImpraYe 'i+ tAgreement- P1 15- 0100 Site F ckst Pg. X39 586 2000562.1 4/21/2025
EXHIBIT B
Approved Street Improvement Plans
587
588
589
590
591
2000562.1 4/21/2025
EXHIBIT C
Project to be Remediated by the City with Funds from Developer:
a) In consideration of the Developer’s payment of the Agreed Remediation Costs, the City shall have full responsibility to maintain, correct, remediate or otherwise manage and own all improvements associated with the public improvements associated with the parcels, and shall defend, indemnify and hold Developer harmless from any and all Claims arising therefrom. As a part of this settlement, City agrees to accept Developer’s representation as to the quantity of corners and ramps as true, without right of modification at a later date.
b) As a part of this settlement, City agrees to accept Developer’s representation as to the quantity of ramps and sidewalks as true, without right of modification at a later date.
Project Name Principal/Entity Bonds to be
Released Ramps Sidewalks
Grand Chino
Medical Offices
Kaiser
Foundation
Health Plan,
Inc.
$842,200.00 1 2,700 SF
592
PROJECT CONSTRUCTION COST ESTIMATE
CITY OF CHINO
January 18, 2024
Project Title: Roswell Ave & Grand Ave ADA Deficiencies Scope: Work may include but not limited to the following: furnish all labor, materials and equipment to: Remove and Replace existing PCC Sidewalk, ADA Ramp, Truncated Domes, adjustment of Street Pull Boxes, and the restoration of various concrete items.
Work Order: Client Dept.:
Project Manager: Project Engineer:
Type of Estimate: PRELIMINARY
Description Units Quantity Unit Price Item Total
1 Mobilization LS 1 $7,000.00 $7,000.00
2 Implementation of BMP's LS 1 $3,000.00 $3,000.00
3 Traffic Control LS 1 $22,000.00 $22,000.00
4 Clearing and Grubbing LS 1 $6,000.00 $6,000.00
5 TYPE II SLURRY SEAL per City of Chino Mortiorium Standards at Ramp Location LS 1 $11,500.00 $11,500.00 6 Remove Existing Striping Before Slurry Seal and Restripe upon Completion of Slurry Seal LS 1 $7,000.00 $7,000.00 7 Remove Existing Deficient Sidewalk And Construct Sidewalk As Shown On The Plans SF 2700 $18.00 $48,600.00 8 Adjust Street Light PB to Grade EA 7 $400.00 $2,800.00 9 Remove Existing Truncated Domes EA 6 $500.00 $3,000.00 10 Construct ADA Ramp Per City of Chino Standards EA 1 $7,000.00 $7,000.00 11 Caltrans Encroachment Permit and Fees LS 1 $6,000.00 $6,000.00 Subtotal - Estimated Construction Costs $123,900.00
12 Contingency (10%) LS 1 $12,390.00 $12,390.00
Estimated Construction Costs $136,290.00
1 Survey LS 1 $5,000.00 $5,000.00
2 Soils/Material Testing LS 1 $2,000.00 $2,000.00
3 Construction Inspection/Construction Management (10%) LS 1 $12,390.00 $12,390.00 4 Contract Adminstration LS 1 $2,500.00 $2,500.00
Subtotal - Soft Costs $21,890.00
CPI Adjustment (3%) $4,745.40
Design Costs $25,000.00
Sign Replacement $1,000.00
GRAND TOTAL $188,925.40
Notes:
All work shall be performed in accordance with the contract specifications. 593
2000562.1 4/21/2025
EXHIBIT E
Sample Form of Bond Release and Exoneration Letter
Attn: KAISER FOUNDATION HEALTH PLAN, INC.
Subject: Acceptance of Public Improvements
Bond No. 106530200
To Whom It May Concern:
All of the public improvements constructed in accordance with the Conditions of Approval for PL15-0100 Site Approval, as shown in the attached Exhibit, were deemed complete and accepted by the City Council of the City of Chino as of DATE.
The disposition of improvement security is authorized as follows:
1. Faithful Performance Bond No. 106530200 in the amount of $842,000 to Kaiser Foundation Health Plan, Inc., by Travelers Casualty and Surety Company of America, as surety, for PL15-0100 Site Approval to guarantee the construction of the improvements per PL15-0100 Site Approval is hereby released and any interest of the City of Chino therein is terminated.
2. Labor and Material Bond No. 106530200 in the amount of $421,100 to Kaiser Foundation Health Plan, Inc., by Travelers Casualty and Surety Company of America, as surety, for PL15-0100 Site Approval to guarantee payment to material suppliers and others employed in the construction of the improvements per PL15-0100 is hereby released and any interest of the City of Chino therein is terminated.
3. Warranty Bond No. 106530200M in the amount of $84,200 issued to Kaiser Foundation Health Plan, Inc., by Travelers Casualty and Surety Company of America, as surety, for PL15-0100 Site Approval is now in full force and effect. This bond is to warranty the improvements to be free of any defects, damage, or deterioration due to defective materials or substandard workmanship. Said warranty bond shall remain on file with the City for a minimum of one (1) year from the acceptance date.
The City will assume maintenance responsibility of the following improvements as of the acceptance date:
• Curb and gutter
• Sidewalk
• Street Pavement
• Domestic Water Lateral(s)
• Sewer Lateral(s)
• Storm Drain Catch Basins
• Streetlights
• Traffic Signing and Striping
If you have any questions regarding this matter, please contact me at 909-334-_______.
Sincerely,
_____________
City Engineer, P.E.
594
MEMORANDUM
CITY OF CHINO
ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: OCTOBER 6, 2026
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: MAYOR PRO TEM CURTIS BURTON
SUBJECT
..titl e
Community Support Fund – Mayor Pro Tem Burton.
..end
RECOMMENDATION
..recommendation
Approve community support fund contribution of $250 to Soroptimist International of the Chino Valley, Inc. Bingo fundraiser and $500 to the St. Margaret Mary School Car Show. ..body
FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 2026-27 Operating 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:
Positive City Image
Superior Customer Service
Exemplary Leadership
Public Service Excellence through Internal and External Partnerships Revenue: Expenditure: 1002000 43300 N2034
Transfer In: Transfer Out:
595
CITY COUNCIL MEETING DATE: OCTOBER 6, 2026
TITLE: COMMUNITY SUPPORT FUND - MAYOR PRO TEM BURTON.
PAGE: 2
BACKGROUND
The City of Chino is fortunate to have multiple non-profits and community groups dedicated to serving the public and preserving Chino’s unique history. To assist in their ongoing efforts, the City Council from time to time authorizes expenditures from the City’s community support fund.
These expenditures serve a valid public purpose by helping to continue the outstanding services that these organizations provide to our community.
ISSUES/ANALYSIS
To continue this tradition, Mayor Pro Tem Burton recommends that the City Council approve the following contributions:
Soroptimist International of the Chino Valley, Inc. (Bingo Fundraiser) - $250: Seeks to empower women and girls by providing a number of educational opportunities, programs, and resources.
St. Margaret Mary School (Car Show) - $500: Offers excellence in academics with a family-valued environment, providing positive contributions to organizations in and around Chino.
By approving these contributions, Soroptimist International of the Chino Valley, Inc. and St.
Margaret Mary School will be better equipped to provide services to the Chino community.
Therefore, as proposed by Mayor Pro Tem Burton, staff recommends that the City Council approve the community support contributions to Soroptimist International of the Chino Valley, Inc. (Bingo Fundraiser) and St. Margaret Mary School (Car Show). 596
MEMORANDUM
CITY OF CHINO
ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: OCTOBER 6, 2026
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: COUNCIL MEMBER COMSTOCK
SUBJECT
..titl e
Community Support Fund – Council Member Comstock.
..end
RECOMMENDATION
..recommendation
Approve community support fund contributions of $100 to Soroptimist International of Chino Valley, Inc. (Bingo), $250 to St. Margaret Mary School (Car Show), $250 to Chino Youth Museum (Bingo), and $250 to No More Locked Doors (Toy Drive). ..body
FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 2026-27 Operating 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:
Positive City Image
Superior Customer Service
Exemplary Leadership
Public Service Excellence through Internal and External Partnerships Revenue: Expenditure: 1002000 43300 N2031
Transfer In: Transfer Out:
597
CITY COUNCIL MEETING DATE: OCTOBER 6, 2026
TITLE: COMMUNITY SUPPORT FUND - COUNCIL MEMBER COMSTOCK.
PAGE: 2
BACKGROUND
The City of Chino is fortunate to have multiple non-profits and community groups dedicated to serving the public and preserving Chino’s unique history. To assist in their ongoing efforts, the City Council from time to time authorizes expenditures from the City’s community support fund.
These expenditures serve a valid public purpose by helping to continue the outstanding services that these organizations provide to our community.
ISSUES/ANALYSIS
To continue this tradition, Council Member Comstock recommends that the City Council approve the following contributions:
Soroptimist International of the Chino Valley, Inc. (Bingo Fundraiser) - $100: Seeks to empower women and girls by providing a number of educational opportunities, programs, and resources.
St. Margaret Mary School (Car Show) - $250: Offers excellence in academics with a family-valued environment, providing positive contributions to organizations in and around Chino.
Chino Youth Museum - $250: Provides a space for interactive learning to foster a better understanding of tomorrow through appreciation of yesterday and today. No More Locked Doors (Toy Drive) - $250: Helps troubled youth and formerly incarcerated with mentorship, vocational training, transitional housing and career placement within the various building trades.
By approving these contributions, Soroptimist International of Chino Valley, Inc. (Bingo), St.
Margaret Mary School (Car Show), Chino Youth Museum (Bingo), and No More Locked Doors (Toy Drive) will be better equipped to provide services to the Chino community. Therefore, as proposed by Council Member Comstock, staff recommends that the City Council approve these community support contributions.
598
MEMORANDUM
CITY OF CHINO
ADMINISTRATION DEPARTMENT
CITY COUNCIL MEETING DATE: OCTOBER 6, 2026
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: COUNCIL MEMBER CHRISTOPHER FLORES
SUBJECT
..titl e
Community Support Fund – Council Member Flores.
..end
RECOMMENDATION
..recommendation
Approve community support fund contribution of $500 to Soroptimist International of the Chino Valley, Inc. Bingo fundraiser.
..body
FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 2026-27 Operating 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:
Positive City Image
Superior Customer Service
Exemplary Leadership
Public Service Excellence through Internal and External Partnerships Revenue: Expenditure: 1002000 43300 N2032
Transfer In: Transfer Out:
599
CITY COUNCIL MEETING DATE: OCTOBER 6, 2026
TITLE: COMMUNITY SUPPORT FUND - COUNCIL MEMBER FLORES.
PAGE: 2
BACKGROUND
The City of Chino is fortunate to have multiple non-profits and community groups dedicated to serving the public and preserving Chino’s unique history. To assist in their ongoing efforts, the City Council from time to time authorizes expenditures from the City’s community support fund.
These expenditures serve a valid public purpose by helping to continue the outstanding services that these organizations provide to our community.
ISSUES/ANALYSIS
To continue this tradition, Council Member Flores recommends that the City Council approve the following contribution:
Soroptimist International of the Chino Valley, Inc. (Bingo Fundraiser) - $500: Seeks to empower women and girls by providing a number of educational opportunities, programs, and resources.
By approving this contribution, Soroptimist International of the Chino Valley, Inc. will be better equipped to provide services to the Chino community.
Therefore, as proposed by Council Member Flores, staff recommends that the City Council approve the community support contribution to Soroptimist International of the Chino Valley, Inc. (Bingo Fundraiser).
600