Contract No.:
Approval Date:
7-10-20v2
CONSTRUCTION CREDIT AND REIMBURSEMENT AGREEMENT
PRESERVE DEVELOPMENT IMPACT FEE PROGRAM
TRACT MAP NO. 16420-8
(Block 8 and a Portion of Block 6)
This CONSTRUCTION CREDIT AND REIMBURSEMENT AGREEMENT (“Agreement”) is entered into this 6th day of October (“Effective Date”), by and between CITY OF CHINO, a California municipal corporation (“City”), and CHINO PRESERVE DEVELOPMENT CORPORATION (“Developer”). City and Developer are sometimes hereinafter referred to individually as “Party” and jointly as “Parties”.
RECITALS
A. The City’s Planning Commission approved an “A” Level Master Site Approval and Tentative Tract Map No. 16420 to subdivide approximately 522 acres of land generally located south of Pine Avenue, west of Hellman Avenue, and north and east of Chino Corona Road, within the South of Pine area of The Preserve. The Master Site Approval was subsequently modified to facilitate development of the master plan area and associated public improvements. Tentative Tract Map No. 16420-8, as presented by the Developer, consists of the subdivision of Block 8 and a portion of Block 6 for development of the previously approved residential community (the “Project”). The Project is located on certain real property in the City of Chino, County of San Bernardino, State of California, described in Exhibit A attached hereto and incorporated herein by this reference (the “Property”).
B. Developer has requested from City certain entitlements and/or permits for the Project, and City has granted the entitlements and/or permits subject to certain conditions of approval provided on Exhibit B which will require certain public improvements to be constructed in excess of those applicable to the Project (“Conditions of Approval”).
C. The Conditions of Approval also require Developer to pay Development Impact Fees (“DIFs”), as established in Chapter 3.45 of the Chino Municipal Code (“DIF Ordinance”). The DIFs have been established by City to finance public facilities in furtherance of the goals and objectives of City’s general plan, various facility master plans, capital improvement plans, and the nexus reports described in the DIF Ordinance (“Nexus Reports”).
D. Pursuant to the DIF Ordinance and the Conditions of Approval, Developer owes DIFs for the Project.
E. Developer has elected to construct certain public improvements in excess of those specifically required by the Conditions of Approval which are specified on Exhibit C (“Public Improvements”).
F. The DIF Ordinance provides that if, as a condition of approval of a development project, a developer constructs a public facility identified in the Nexus Reports, for which a development impact fee is imposed, Developer shall be eligible to receive a fee credit toward the DIFs imposed 2 on the Project for the same type of public facility so constructed, and shall be entitled to reimbursement for eligible costs of constructing the public facility, provided that developer complies with the requirements of the DIF Ordinance as it may be amended from time to time. The DIF Ordinance specifically requires that the developer and City enter into a credit and reimbursement agreement.
G. City and Developer desire to enter into this Agreement for the following purposes: (i) to provide for the timely construction and completion of the Public Improvements, (ii) to ensure that construction of the Public Improvements is undertaken in accordance with the Plans and Specifications (defined in Section 2.1 below), and the laws and ordinances pertaining to the construction of public improvements, (iii) to provide the methodology for establishing the reimbursement amounts and/or DIF credits to which Developer may be entitled after completion of the Public Improvements (“Reimbursement/Credits”); and (iv) the requirements for Developer’s transfer or application of all or any portion of the Reimbursement/Credits to third party.
NOW, THEREFORE, for the purposes set forth herein, Developer and City hereby agree as follows:
AGREEMENT:
1. Incorporation of Recitals. The Parties hereby affirm the facts set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein.
2. Construction of Public Improvements. Developer shall construct at its own cost and expense, the Public Improvements in accordance with the Plans and Specifications and the provisions set forth in this Agreement. Developer shall provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary to fully and adequately complete the Public Improvements.
2.1 Pre-approval of Plans and Specifications. Developer is prohibited from commencing work on any portion of the Public Improvements until all plans and specifications for the Public Improvements have been submitted to and approved in writing by City (“Plans and Specifications”). Approval by City shall not relieve Developer from ensuring that all Public Improvements conform to all applicable laws, ordinances and regulation under California and federal law.
2.2 Permits and Notices. Prior to commencing any work, Developer (through its contractors) shall, at its sole cost and expense, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the Public Improvements and performance of Developer’s obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in this Agreement, any applicable law, and any permit or license issued to Developer.
2.3 Public Works Requirements. Developer shall ensure that the bidding, awarding, and construction of the Public Improvements are undertaken as if such Public Improvements were constructed as a public works project under the direction and authority of City, pursuant to all provisions of law applicable to governmental entities. Developer shall also comply with the requirements of City’s Bidding and Contract Requirements for Public Improvements Policy, as adopted by City Council, hereby incorporated by reference and made a part of hereof (as may be amended from time to time). (a) Prior to soliciting or awarding the bid for any portion of the Public Improvements, Developer shall submit the bid packet and a set of construction drawings signed by Developer or another authorized representative designated by Developer for the work being bid to City 3 Engineer or his designee for review and approval, which approval shall be granted or denied within fifteen (15) calendar days after submission of such bid packet. If City Engineer denies approval of such bid packet and construction drawings, City Engineer shall specify the reasons for such disapproval and Developer shall resubmit a revised bid packet for review and approval until such approval is obtained. (b) Developer shall obtain bids for the construction of the Public Improvements in a manner which has been approved by City Engineer. Developer shall provide City Engineer with copies of all bids received from California licensed contractors and a bid summary in a form approved by City Engineer to assure that the contractor/subcontractors adhere to the applicable legal requirements for public works projects. The contract or contracts for the construction of the Public Improvements shall be awarded to the responsible bidder(s) submitting the lowest responsive bid(s) for the construction of the Public Improvements. Developer shall enter into a construction contract with each contractor selected to perform work on the Public Improvements (after competitive bidding as set forth above), (each, a “Construction Contract”) for the performance of the work set forth in the selected bid, and the terms of each Construction Contract entered into by Developer and each contractor/subcontractor shall be reasonably acceptable to City Engineer. Developer shall submit to City a copy of each executed Construction Contract for the Public Improvements within fifteen (15) days after execution thereof. (c) Developer’s general contractor for the construction of the Public Improvement (“General Contractor”) shall pay prevailing wages (in accordance with Articles 1 and 2 of Chapter 1, Part 7, Division 2 of the Labor Code) and otherwise comply with applicable provisions of the Labor Code, the Government Code, the Civil Code, and the Public Contract Code relating to public works projects of cities and as required by the procedures and standards of City with respect to the construction of its public works projects or as otherwise directed by City Engineer. (d) All contractors shall be required to provide proof of insurance coverage throughout the term of the construction of the Public Improvements which they will construct in conformance with Section 5 of this Agreement.
2.4 Schedule of Performance. Developer shall commence construction of the Public Improvements in accordance with the Subdivision Improvement Agreement for Tract Map No. 16420-8 .
2.5 Standard of Performance. Developer and its contractors shall perform all work required, constructing the Public Improvements in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement.
2.6 Alterations to Public Improvements. All work shall be done and the Public Improvements completed as shown on the Plans and Specifications, and any subsequent alterations thereto mutually agreed upon by City and Developer. If Developer desires to make any alterations to the Plans and Specifications, it shall provide written notice to City of such proposed alterations. City shall have ten (10) business days after receipt of such written notice to administratively approve or disapprove such alterations, which approval shall not be unreasonably withheld, conditioned or delayed. If City fails to provide written notice to Developer of its approval or disapproval of the alterations within such ten (10) business day period, City will be deemed to have disapproved such alterations to the Plans and Specifications. Any and all alterations in the Plans and Specifications and the Public Improvements to be completed may be accomplished without first giving prior notice thereof to Developer’s surety for this Agreement. 4 2.7 Force Majeure. Developer agrees that the time within which it shall be required to perform any act under this Agreement shall not be extended except as follows: (i) Developer is delayed by City (including, without limitation, restrictions on priority, initiative or referendum, or moratoria), in which case Developer shall provide written notice to City specifically describing the nature and extent of the delay caused by City and Developer’s detailed efforts to avoid such delay, which references this Section and deliver such notice within twenty (20) days of discovering such delay, and Developer’s obligations shall be extended for such time as City deems reasonable as a result of the delay if and only if Developer provides such written notice to City within such time; or (ii) Developer is delayed due to war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, casualties, natural disasters, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, processing with any governmental agencies, unusually severe weather, or any other similar causes beyond the control of Developer or without the fault of Developer. An extension of time for any such cause shall be for the period of the enforced delay equal to the number of days during which Developer’s performance was delayed and shall commence to run from the time of the commencement of the cause, if written notice by Developer claiming such extension is sent to City within twenty (20) days of knowledge of the commencement of the cause.
3. Security; Surety Bonds. Prior to the commencement of any work on the Public Improvements, Developer or its contractor shall provide City with surety bonds in the amounts and under the terms set forth below or, at City’s request, in lieu of surety bonds, a letter of credit or letters of credit issued by a banking institution with a rating to be approved by City and in the form and upon terms approved by City (“Security”). The amount of the Security shall be based on the estimated actual costs (“Estimated Costs”) to construct the Public Improvements, as determined by City after Developer has awarded a contract for construction of the Public Improvements to the lowest responsive and responsible bidder in accordance with this Agreement. If City determines, in its sole and absolute discretion, that the Estimated Costs have changed, Developer or its contractor shall adjust the Security in the amount requested by City.
Providing the Security shall not release Developer of its indemnification obligation in Section 4.
3.1 Performance Bond. To guarantee the construction of the Public Improvements and faithful performance of all the provisions of this Agreement, to protect City if Developer is in default as defined in Section 14, and to secure the Warranty of the Public Improvements pursuant to Section 10, Developer or its contractor shall provide City a faithful performance bond in an amount which sum shall be not less than one hundred percent (100%) of the Estimated Costs. City may, in its reasonable discretion, partially release a portion or portions of the security provided under this section as the Public Improvements are completed by City, provided that Developer is not in default on any provision of this Agreement and the total remaining security is not less than twenty percent (20%) of the Estimated Costs. All security provided under this section shall be released upon the final acceptance by the City Council of the City, provided that Developer is not in default of this Agreement.
3.2 Labor & Material Bond. To secure payment to the contractors, subcontractors, laborers, materialmen, and other persons furnishing labor, materials, or equipment for performance of the Public Improvements and this Agreement, Developer or its contractor shall provide City a labor and materials bond in an amount which sum shall not be less than fifty percent (50%) of the Estimated Costs.
All security provided under this section shall be released upon the final acceptance by the City Council of the City, provided that Developer is not in default of this Agreement
3.3 Additional Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best rating of at least “A” and FSC-VIII, shall be licensed to do business in California. As part of the obligation secured by the Security and in addition to the face amount of the Security, Developer and its contractor or the surety shall secure the costs and reasonable expenses and fees, including reasonable attorneys’ fees and costs, incurred by City in enforcing the obligations of this Agreement. Developer and its contractor and the surety shall stipulate and agree that no change, extension 5 of time, alteration, or addition to the terms of this Agreement, the Public Improvements, or the Plans and Specifications shall in any way affect its obligation on the Security.
4. Indemnification. Developer shall defend, indemnify, and hold harmless City, its elected officials, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental agency, arising out of or incident to any acts, omissions, negligence or willful misconduct of Developer in connection with the performance of this Agreement (“Claims”). This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any Claim which is caused by the negligence or willful misconduct of City, as determined by a court or administrative body of competent jurisdiction and excludes any Claims arising out of incidents occurring after the date of the City’s acceptance of the Public Improvements. Developer’s obligation to indemnify regarding Claims arising from incidents occurring prior to the date of the City’s acceptance of the Public Improvements shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, employees, or agents.
5. Insurance.
5.1 Types; Amounts. Developer shall procure and maintain, and shall require its contractors to procure and maintain, during performance of this Agreement, insurance of the types and in the amounts described below (“Required Insurance”). If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit.
5.1.1 General Liability. Occurrence version general liability insurance, or equivalent form, with a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage.
5.1.2 Business Automobile Liability. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any auto owned, leased, hired, or borrowed by the insured or for which the insured is responsible.
5.1.3 Workers’ Compensation. Workers’ compensation insurance with limits as required by the Labor Code of the State of California and employers’ liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence, at all times during which insured retains employees.
5.1.4 Professional Liability. For any consultant or other professional who will engineer or design the Public Improvements, liability insurance for errors and omissions with limits not less than One Million Dollars ($1,000,000) per occurrence, shall be procured and maintained for a period of five (5) years following completion of the Improvements. Such insurance shall be endorsed to include contractual liability.
5.2 Deductibles. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; 6 or (b) Developer and its contractors shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.
5.3 Additional Insured; Separation of Insureds. The Required Insurance, except for the professional liability and workers’ compensation insurance, shall name City as an additional insured with respect to work performed by or on behalf of Developer or its contractors, including any materials, parts, or equipment furnished in connection therewith. The Required Insurance shall contain standard separation of insureds provisions, and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, or agents.
5.4 Primary Insurance; Waiver of Subrogation. The Required Insurance shall be primary with respect to any insurance or self-insurance programs covering City, its elected officials, officers, employees, or agents. The policy required for workers’ compensation insurance shall provide that the insurance company waives all right of recovery by way of subrogation against City in connection with any damage or harm covered by such policy.
5.5 Certificates; Verification. Developer and its contractors shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City before work pursuant to this Agreement can begin. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
5.6 Term; Cancellation Notice. Developer and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. All policies shall, to the extent available from commercially reasonable insurance providers, be endorsed to provide that the Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire except on thirty (30) days’ prior written notice to City.
5.7 Insurer Rating. Unless approved in writing by City, all Required Insurance shall be placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least “A-” and FSC-VIII.
6. Maintenance of Improvements. City shall not be responsible or liable for the maintenance or care of, and shall exercise no control over, the Public Improvements until such Public Improvements are accepted by City. Developer shall have no obligation to make the Public Improvements available for public use at any time before the Public Improvements are accepted by City. Any use by any person of the Public Improvements, or any portion thereof, shall be at the sole and exclusive risk of Developer at all times prior to City’s acceptance of the Improvements. Developer shall maintain all of the Public Improvements in a state of good repair until they are completed by Developer and accepted by City.
Prior to acceptance by the City, it shall be Developer’s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this section, City may, upon written notice and Developer’s failure to remedy as provided in Section 14, do all work necessary for such maintenance, and the cost thereof shall be the responsibility of Developer and its surety under this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Public Improvements or their condition prior to acceptance, except to the extent such damage or injury is caused by the negligence or willful misconduct of City, its elected officials, employees, and/or agents.
7. City Inspection of Public Improvements. Developer shall, at its sole cost and expense, and at all times during construction of the Public Improvements, maintain reasonable and safe facilities and 7 provide safe access for inspection by City of the Public Improvements and areas where construction of the Public Improvements is occurring or will occur. Developer shall give notice to City when the construction of all or a portion of the Public Improvements is complete. Upon receiving such notice, City may inspect the Public Improvements and request any modifications or corrections as may be deemed reasonably necessary by City Engineer, in his or her sole discretion, to bring the Public Improvements into conformity with the Plans and Specifications, including any approved revisions thereto. Developer or Developer’s contractors shall make all such modifications and corrections requested by City Engineer.
8. Liens. Developer shall not permit any liens to be filed against the Public Improvements and indemnifies City with respect to any such liens. Upon the expiration of the time for the recording of claims of liens as prescribed by Sections 8412 and 8414 of the Civil Code with respect to the Public Improvements, Developer shall provide to City such evidence or proof as City shall reasonably require that all persons, firms, and corporations supplying work, labor, materials, supplies, and equipment to the construction of the Public Improvements have been paid, and that no claims of liens have been recorded by or on behalf of any such person, firm, or corporation. Rather than await the expiration of the said time for the recording of claims of liens, Developer may elect to provide to City a title insurance policy or other security acceptable to City guaranteeing that no such claims of liens will be recorded or become a lien upon any of the Property.
9. Acceptance of Improvements; As-Built or Record Drawings. If the Public Improvements are completed by Developer in accordance with the Plans and Specifications, as reasonably determined by City Engineer, City shall be authorized to accept the Public Improvements. City may, in its reasonable discretion, accept fully completed portions of the Public Improvements prior to such time as all of the Public Improvements are complete, which shall not release or modify Developer’s obligation to complete the remainder of the Public Improvements. Upon the total or partial acceptance of the Public Improvements by City, Developer shall file with the Recorder’s Office of the County of San Bernardino a notice of completion for the accepted Improvements in accordance with California Civil Code Section 9204 (“Notice of Completion”), at which time the accepted Public Improvements shall become the sole and exclusive property of City without any payment therefor, except as expressly set forth herein.
Notwithstanding the foregoing, City may not accept any Public Improvements (or the applicable portion thereof) unless and until Developer provides two (2) sets of “as-built” or record drawings or plans to City for all such Public Improvements (or the applicable portion thereof). The drawings shall be certified and shall reflect the condition of the Public Improvements as constructed, with all changes incorporated therein.
10. Warranty and Guaranty. Developer warrants and guarantees all the Public Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of the Public Improvements, for a period of one (1) year following completion of the work and acceptance by City (“Warranty”). During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise materially unsatisfactory portion of the Improvements, in accordance with the Plans and Specifications. All repairs, replacements, or reconstruction during the Warranty period shall be at the sole cost and expense of Developer, and shall not be eligible for credits or reimbursements. As to any Public Improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer hereby agree to provide a warranty for a one (1) year period following City acceptance of the repaired, replaced, or reconstructed Public Improvements.
Developer’s warranty obligation under this section shall survive the expiration or termination of this Agreement.
11. DIF Credit and Reimbursement.
11.1 Calculation of Eligible Costs. Upon or prior to completion of the Public Improvements by Developer, Developer shall submit to City Engineer such information as City Engineer 8 may require to calculate the actual costs incurred by Developer to construct the Public Improvements (“Actual Costs”).
11.2 Credit/Reimbursement Limits. The credit and, if applicable, reimbursement amount owed to Developer for construction of the Public Improvements (“Credit/Reimbursement Amount”) shall be equal to the Actual Costs, subject to the following limitations:
11.2.1 Reasonable Soft Costs. City Engineer shall, in his or her reasonable discretion, determine the amount of reasonable soft costs eligible for credit and reimbursement under the DIF Ordinance. Such amounts may include professional engineering and design services, construction management, soils testing, permits, plan check fees, and inspections, but shall not include interest or attorneys’ fees. For soft costs to be reimbursable to Developer pursuant to this Agreement, City must be able to verify that such soft costs are specifically attributable to the specified Public Improvements for which reimbursement is being made, by reference to separate subcontract(s) or by another means approved by City in writing. The total amount of the soft costs shall not exceed fifteen percent (15%) of the Credit/Reimbursement Amount. City Engineer may, in his or her reasonable discretion, reduce or disallow credit/ reimbursement for any costs he finds excessive or unreasonable.
11.2.2 Nexus Report Costs Estimates. The Credit/Reimbursement Amount shall not exceed the cost estimates for the Public Improvements included in the Nexus Reports, unless approved by City council.
11.2.3 DIF Categories. Developer acknowledges that DIFs are imposed in various separate categories to fund specific public facilities. Credit against DIFs may only be applied for eligible improvements identified in the specific DIF category.
11.3 Conditions Precedent to Final Credit or Reimbursement. City’s obligation to provide fee credits or reimbursements for the Public Improvements pursuant to this Agreement is conditioned upon the prior satisfaction by Developer or written waiver by City Manager of each of the following Conditions Precedent within the times designated below:
11.3.1 Completion of Construction. Developer shall have completed the construction of the Public Improvements acceptable to City, and thirty (30) days have elapsed since notices of completion have been recorded in relation to the Public Improvements, in accordance with California Civil Code Sections 9204 and/or 8182 (as applicable). The purpose of this provision is to ensure that the Public Improvements will be independently functional and to maintain consistency with vesting rights, and nothing herein shall be deemed to make any part of the Project a public work other than the Public Improvements.
11.3.2 Submission of Documents. Developer shall have made full and complete payment of all undisputed claims for work performed on the Public Improvements, or in the event of a dispute between Developer and the General Contractor or a subcontractor, Developer shall have obtained a commercially reasonable bond reasonably satisfactory to City to release any applicable mechanics’ lien or stop notice, and Developer shall have submitted and City shall have approved a written request for the credit/reimbursement, including copies of all bills and/or invoices evidencing the costs of constructing the Public Improvements actually incurred by Developer and any other documents reasonably required by City.
11.3.3 As-Built Drawings. Pursuant to Section 9, Developer shall have submitted two (2) sets of final as-built drawings for the Public Improvements to City Engineer.
11.3.4 Acceptance of Required Public Improvements by City. The City Council shall have accepted title to the Public Improvements. 9 11.3.5 No Default. Developer shall not be in default in any of its obligations under the terms of this Agreement, and all representations and warranties of Developer contained herein shall be true and correct in all material respects.
11.3.6 Compliance with DIF Ordinance and Conditions of Approval.
Developer shall be in compliance with all requirements of the DIF Ordinance and the Conditions of Approval.
11.4 DIF Addendum Assignment of Credit/Reimbursement Amount. Developer shall have the right to assign all or portions of the Credit/Reimbursement Amount in accordance with the requirements specified in the DIF Addendum, which assignment will require City’s written acknowledgement. Developer understands that strict compliance with the assignment restrictions is critical to allow City to track the total Credit/Reimbursement Amount and Developer’s failure to comply with the assignment requirements in the DIF Addendum may result in delays in the processing of credit/reimbursement assignments by the City Exhibit D (“DIF Addendum”).
11.5 Payment. If Developer’s credit is less than the DIF owed, then Developer shall pay the remaining balance to City to fully satisfy Developer’s DIF obligation within thirty (30) days of the execution of the DIF Addendum.
11.6 Reimbursement. If Developer is entitled to a reimbursement, City shall reimburse the balance to Developer in accordance with the provisions of the DIF Ordinance.
12. Assignment. Prior to completion of the Public Improvements, Developer may assign this Agreement to a third party (“Assignment”), subject to the approval of City’s Director of Development Services (“Director”) in his/her reasonable discretion. If Developer desires to assign this Agreement, Developer shall provide detailed information as to the proposed assignee (“Assignee”) as requested by City including but not limited, evidence of Assignee’s right to acquire the Property, its background and financial information evidencing the ability of Assignee to complete the Public Improvements. Any assignment of this Agreement shall not release Assignor.
13. Default; Notice; Remedies.
13.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation or code, City may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation (“Notice of Default”). Developer shall substantially commence the work required to remedy the default or violation within five (5) business days after its receipt of the Notice of Default. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the Notice of Default verbally, and Developer shall substantially commence the required work within twenty-four (24) hours thereof. Immediately upon City’s issuance of the Notice of Default, Developer and its surety shall be liable to City for all costs of construction and installation of the Public Improvements and all other administrative costs or expenses, as provided for in Section 15 of this Agreement.
13.2 Failure to Remedy; City Action. If the work required to remedy the noticed default or violation is not commenced within the time required under Section 13.1 of this Agreement and diligently prosecuted to completion, City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its reasonable discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost and expense of Developer and its surety, without the necessity of giving any further notice to 10 Developer or surety. In the event City elects to complete or arrange for completion of the remaining work and the Public Improvements, City may require all work by Developer or its surety to cease in order to allow adequate coordination by City.
13.3 Other Remedies. No action by City pursuant to this Section 13 shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise its rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance.
14. Administrative Costs. If Developer fails to construct and install all or any part of the Public Improvements, or if Developer fails to comply with any other obligation contained herein, Developer and its surety shall be jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable attorneys’ fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law.
15. Miscellaneous.
15.1 Relationship between the Parties. The Parties hereby mutually agree that this Agreement shall not operate to create the relationship of partnership, joint venture, or agency between City and Developer. Developer’s contractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of City.
15.2 Authority to Enter Agreement. Each person executing this Agreement on behalf of Developer represents and warrants that he or she has the legal power, right and authority to execute this Agreement on behalf of Developer and that this Agreement is binding upon Developer.
15.3 Notices. Any notice, demand, request, consent, approval, or communication either Party desires or is required to give to the other Party or any person shall be in writing and either served personally, communicated electronic mail (with a receipt requested), or sent by prepaid, first-class mail to the address set forth below. Notice shall be deemed communicated immediately upon personal delivery, fax or email receipt, or forty-eight (48) hours from the time of mailing if mailed as provided in this Section:
To City: City of Chino
13220 Central Avenue
Chino, CA 91710
Attn: Contracts & DIF Administrator
Email: [email protected]
With Copy to: Aleshire & Wynder, LLP
1 Park Plaza, Suite 1000
Irvine, CA 92614
Attn: Fred Galante, Esq.
Email: [email protected]
To Developer: Chino Preserve Development Corporation
1156 N Mountain Avenue
Upland, Ca 91785-0670
Attn: Bryan Goodman
11 With Copy To: Chino Preserve Development Corporation c/o Lewis Management Corporation
1156 N Mountain Avenue
Upland, Ca 91785-0670
Attn: Jay Dupre, Esq.
15.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.
15.5 Construction; References; Captions. The Parties agree that the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.
Any term referencing time, days, or period for performance shall be deemed calendar days and not work days, unless specified therein. All references to Developer include all personnel, employees, agents, and contractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
15.6 Amendment; Modification. No supplement, modification, or amend-mint of this Agreement shall be binding unless executed in writing and executed by both Parties.
15.7 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise.
15.8 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns.
This section shall not be construed as an authorization for any Party to assign any right or obligation.
15.9 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
15.10 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
15.11 Governing Law; Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties’ activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of San Bernardino, California.
15.12 Time is of the Essence. Time is of the essence in this Agreement, and the Parties agree to execute all documents and proceed with due diligence to complete all covenants and conditions.
15.13 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument.
15.14 City Officers and Employees. No officer or employee of City shall be personally liable to Developer or any successors in interest in the event of any default or breach by City or for any amount that may become due to Developer or any successor(s) in interest or for breach of any obligation 12 of the terms of this Agreement. No officer or employee of Developer shall be personally liable to City or any successor(s) in interest in the event of any default or breach by Developer or for any amount that may become due to City or their successors in interest or for breach of any obligation of the terms of this Agreement.
15.15 Entire Agreement. This Agreement contains the entire agreement between City and Developer and supersedes any prior oral or written statements or agreements between City and Developer.
15.16 Attorneys’ Fees. Notwithstanding the provisions of Section 14 above, in the event of any litigation arising from or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs of litigation
15.17 Exhibits. The following exhibits are attached hereto and incorporated herein by reference:
Exhibit A Location Map
Exhibit B Conditions of Approval
Exhibit C Public Improvements
Exhibit D DIF Credit/Reimbursement Addendum
[SIGNATURES ON FOLLOWING PAGE]
13 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
ALESHIRE & WYNDER, LLP
Fred Galante, City Attorney Hye Jin Lee
Director of Public Works
CHINO PRESERVE DEVELOPMENT
CORPORATION:
By:
Its: Authorized Agent
Bryan Goodman
Dated:
CITY OF CHINO
Linda Reich, City Manager
Dated:
ATTEST:
By:
Natalie Gonzaga, City Clerk
DEVELOPER: TWO PERSONS AUTHORIZED BY THE APPLICABLE ENTITY FORMATION DOCUMENTS SHALL EXECUTE THIS AGREEMENT. COPIES OF APPLICABLE DOCUMENTS EVIDENCING SUCH AUTHORITY SHALL BE PROVIDED TO CITY.
DEVELOPER SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE
ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE APPLICABLE FORMATION DOCUMENTS FOR THE ENTITY.
01225
01225
A-1
EXHIBIT A
LOCATION MAP
[Attached]
B-1
EXHIBIT B
CONDITIONS OF APPROVAL
[ATTACHED]
PUBLIC WORKS CONDITIONS OF APPROVAL
Reviewed/Approved By: JP Date: 5/1/24
PROJECT NO. PL23-0043 (MSA)
DATE: May 1, 2024 PC MEETING DATE: May 15, 2024
PROJECT DESCRIPTION: Master Site Approval of 40 acres, Lots 45-49 within TTM 16420 (Block 8).
PROJECT LOCATION: Block 8 is bounded by Market St to the north, future Main St to the east, future Legacy Park Street to the south, and future West Preserve Loop to the west.
APPLICANT: Chino Preserve Development Corp. PROJECT ENGINEER: Daniel Aguirre
PRIOR TO THE FOUR MAJOR DEVELOPMENT EVENTS, THE APPLICANT SHALL SATISFY AND FULFILL ALL CONDITIONS OUTLINED BELOW. FAILURE TO COMPLY WITH ANY CONDITIONS OF
APPROVAL SHALL BE DEEMED JUST CAUSE FOR REVOCATION OF PROJECT APPROVAL BY THE PLANNING COMMISSION. HOWEVER, THE PUBLIC WORKS DIRECTOR SHALL HAVE THE
AUTHORITY TO APPROVE MINOR DEVIATIONS IN THE CONDITIONS OF APPROVAL, AND ALL PLANS INCLUDING THE CONSTRUCTION DRAWINGS.
THIS PROJECT SHALL ALSO COMPLY WITH THE APPLICABLE ENGINEERING CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 16420 APPROVED BY THE PLANNING COMMISSION ON FEBRUARY 23, 2022.
1.0 PRIOR TO MAP RECORDATION OF TM 16420 Dashed Map:
1.1 Provide a preliminary Title Report no older than 60 days.
1.2 Submit a soils/geology report in accordance with Appendix J of the California Building Code, latest edition to the project engineer for review and approval.
1.3 Make the following dedications:
Street Name Distance (R/W Total) Direction From C/L
Market Street
(from W Preserve Loop to existing cul-de-sac)
21’/41’ (62’) North/South
West Preserve Loop
(from Pine Ave to Legacy Park St)
30’/48’ (78’) West/East
Legacy Park Street
(from W Preserve Loop to Main St)
35’/20’ (55’) North/South
Main Street (1)
(from Market St to Legacy Park St)
15’/NA West/ Per 16420-4
(Block 9)
1 Only west side sidewalk on Main St to be constructed with Block 8. The rest of the street improvements will be constructed with Block 9.
1.3a Dedicate to the City 30-foot, 34-foot, 36-foot, and 42-foot wide easements for proposed Private Drive’s A (entry), A (w/ parking), B and C (entry), and B (w/ parking) respectively, for fire lane and public and private utility access purposes.
1.3b Prepare and record necessary drainage easements to implement the project in accordance with drainage law.
PL 23-0043 (MSA) 2 May 1, 2024
1.4 Execute a Subdivision Agreement and submit security in an amount acceptable to the City Engineer to guarantee construction of the public improvements listed in 2.7. All security must be accessible to the City at any time and in a form acceptable to the City Engineer, pursuant to Government Code, Section 66499.
1.5 Provide a Monumentation Bond in an amount specified in writing by a Registered Engineer or Licensed Land Surveyor of Record.
1.6 Comply with all applicable requirements of the City Municipal Code.
1.7 Provide a Pedestrian Accessibility Plan that labels and indicates the path location and conceptual design of the following structures and facilities:
a. Sidewalks and walks (public right of way sidewalk, walks within the development); b. Curb ramps (should be directional with one curb ramp provided for each pedestrian crossing and shall comply with the City’s Policy on Accessible Pedestrian Facilities); c. Pedestrian crossings at driveways;
d. Crosswalks (marked, unmarked, signalized); and
e. Path of travel from right-of-way to recreation facilities (parks, restroom) and each feature pad area.
1.8 The Pedestrian Accessibility Plan requested in 1.7 should clearly indicate structures that are proposed with this site and future per other phases and/or site plans. Pedestrian facilities (privately or publicly owned) that are open to the public shall comply with accessibility standards in the City’s Policy on Accessible Pedestrian Facilities, the current edition of the CBC in effect at the time of building permit issuance or, if no permit, the date construction commences, and Part 36 of Title 28 of the Americans with Disabilities Act (ADA) regulations, which include the 2010 ADA Standards.
1.9 Pay all applicable fees pursuant to City Municipal Code including, but not limited to, plan check fees.
1.10 Contract with the Preserve Master Maintenance Corporation or provide for other means acceptable to the Development Services Department director for continued maintenance of public street lights, public sidewalks and landscaping.
1.11 Design all downstream drainage-mitigating measures per approved drainage study, including supporting hydraulic and hydrological data, conforming to recommend changes to the approved Storm Drain Master Plan for Subarea 2 for Line ‘G’. In addition, the Developer shall enter into an agreement for the project’s contribution. The drainage improvements shall include any offsite area and any necessary interim facilities to protect the development and its street improvements.
2.0 PRIOR TO ISSUANCE OF BUILDING PERMITS FOR ANY LOT WITHIN THE SUBDIVISION/ PRIOR TO ISSUANCE OF CONSTRUCTION PERMITS:
2.1 Prior to the issuance of any permits, including but not limited to building, grading, and construction permits, review and approval of the Preliminary Water Quality Management Plan (PWQMP) will be required.
2.2 Record Tract Map No. 16420-Dashed Map pursuant to the Subdivision Map Act and in accordance with City Municipal Code. Provide a duplicate photo Mylar of the recorded map to the City Engineer's office.
2.3 All required plans and studies shall be prepared by a Registered Professional Engineer and submitted to the project engineer for review and approval. All project plans must be approved by the City Engineer's office before a Building Permit will be issued.
PL 23-0043 (MSA) 3 May 1, 2024
2.4 Prepare and submit a drainage study, including supporting hydraulic and hydrological data to the project engineer for approval. The study shall confirm or recommend changes to the City's adopted Master Drainage Plan for Subarea 2 (The Preserve) by identifying off-site runoff proposed to be conveyed by Line ‘G’, downstream control for the Line ‘G’ system, and on-site stormwater runoff impacts resulting from build-out of permitted General Plan land uses. In addition, the study shall identify the project's contribution and shall provide locations and sizes of catchments and system connection points and all downstream drainage-mitigating measures.
2.5 Prepare and submit a final grading plan showing building footprints, pad elevations, finished grades, drainage routes, retaining walls, erosion control, slope easements and other pertinent information in accordance with Appendix J of the California Building Code, latest edition.
2.6 Provide a certificate, from a Registered Civil Engineer, certifying that the finished grading has been completed in accordance with the City approved grading plan.
2.7 Design full public improvements for all impacted and interior streets/facilities in accordance with the City Municipal Code, Standards and Specifications. Such public improvements may include, but not be limited to the following: (Please coordinate and verify all requirements with the project engineer.)(10)
PL 23-0043 (MSA) 4 May 1, 2024
Street Names
Market
Street
(1a)
West
Preserve
Loop (1b)
Legacy
Park
Street (1c)
Main
Street (1d)
Curb & Gutter (Offset from Centerline) 21’ N’ly
& S’ly
30’ W’ly
& E’ly
20’ N’ly &
S’ly
Per
T16420-4
(Block 9)
Sidewalk (Width) 13’ 10’ 5’ 10’
Asphalt Concrete Pavement on Aggregate Base
(Width from Centerline)
40’ wide
(20’)
60’ wide
(30’)
40’ wide
(20’)
Per
T16420-4
(Block 9)
Asphalt Concrete Overlay
Street Lights X X X
Median Island and Landscaping X
Parkway Landscaping (2) X X X X
Striping and Traffic Controls (3) X X X X
Traffic Signal Interconnect
Conduit System for CATV
Sewer (4) X X X Per
T16420-4
(Block 9)
Storm Drain (5) X X X Per
T16420-4
(Block 9)
Domestic Water (6) X X X Per
T16420-4
(Block 9)
Recycled Water (7) X X X Per
T16420-4
(Block 9)
Fire Hydrants as required by CVIFD X X X Per
T16420-4
(Block 9)
Driveway Approaches (8) X X X Per
T16420-4
(Block 9)
Traffic Signal Modifications (9) X
1. The public street improvements listed above are required as follows:
a. Full street improvements on Market St along the south side to the north side curb from Main St to West Preserve Loop. The temporary cul-de-sac shall also be removed. b. Full street improvements on West Preserve Loop along the eastern ROW to the west side curb from Pine Ave to Legacy Park St.
c. Full street improvements on Legacy Park St along the north side to the south side curb from Main St to West Preserve Loop.
d. On Main St only the west side sidewalk to be constructed with Block 8 from Market St to Legacy Park St. The remaining street improvements to the east will be constructed with TM 16420-4 (Block 9) Improvements shall be made as specified in our municipal code and per the City of Chino’s The Preserve Specific Plan.
PL 23-0043 (MSA) 5 May 1, 2024
2. The parkway maintenance shall be the responsibility of the property owner.
3. Extent of the signing & striping plan shall be dictated by the City Traffic Engineer.
4. Extend sewer main in Market St westerly to West Preserve Loop. Sewer will continue south in West Preserve Loop to Chino Corona Road. Sewer main in Legacy Park St will begin at easterly driveway and continue west to West Preserve Loop. Abandon unused sewer service(s) where applicable, per City standards. Also see COA 2.14.
5. Install Storm Drain per Master Plan of Drainage and Approved PWQMP. Storm drain shall be constructed per the Master Drainage Plan and approved WQMP, from the project’s eastern boundary in Market St, continue west to West Preserve Loop, then continue south to the intersection of West Preserve Loop and Legacy Park Street. An additional storm drain will be constructed in Legacy Park Street and continue east to the intersection at West Preserve Loop. An offsite interim storm drain basin shall also be constructed, near the southeast corner of West Preserve Loop and Legacy Park Street and will help capture flows from the upstream storm drain. Storm Drain Plans shall not be accepted for City review until Preliminary Water Quality Management plan for the Line G Tributary is approved. The applicant shall ensure that all easements, permissions, permits and approvals are obtained to the satisfaction of the City of Chino prior to commencing any offsite work associated with the storm drain and water quality basins. Also, see COA 2.10 regarding DIF credit/reimbursement.
6. Extend domestic water main in West Preserve Loop, Market St, and Legacy Park St and provide new water meters and services. Abandon any unused water meter and services where applicable, per City standards.
Also see COA 2.16.
7. Extend recycled water main in West Preserve Loop, Market St, and Legacy Park St and install service and meter(s) per applicable City standards. Utilize recycled water on the project site to the maximum extent practicable. Also see COA 2.15.
8. All proposed driveway approaches shall be constructed per City Std. No. 250 with 5-ft sidewalks. Minimum width shall be 30-ft. Minimum radii per City and Chino Valley Independent Fire District (CVIFD) requirements.
9. Intersection and traffic signal modifications will be required at West Preserve Loop and Pine Ave as recommended by the Focused Traffic Assessment dated November 2, 2023, and as approved by the City Traffic Engineer.
10. Repair all damage to existing public improvements due to the proposed construction activities and as requested by the Public Works Inspector.
2.8 All improvements shall comply with federal, state, and local accessibility regulations and standards. a. The review or approval of plans and specifications by the City does not permit the violation of any section of the federal law, state law, building code, or local ordinance. b. Where accessibility standards are contradictory, the provision that provides the most accessible (restrictive) condition shall apply.
c. Where the project’s conditions of approval conflict with accessibility regulations and standards, the prevailing provision shall be determined by City’s Accessibility Coordinator and City Engineer.
Pedestrian facilities (privately or publicly owned) that are open to the public shall comply with accessibility standards in the CBC and ADA regulations at Part 36 of Title 28, which include the 2010 (ADA) Standards.
PL 23-0043 (MSA) 6 May 1, 2024
Accessibility of existing and proposed building improvements will be evaluated by the City’s building department. Those comments and requests are in addition to those provided herein.
2.9 Obtain design and plan approval from appropriate utility companies for undergrounding all utility lines adjoining and interior to the project, including power lines of 34.5 kV or less, pursuant to City Municipal Code, Chapter 13.32.
2.10 Pay all applicable fees pursuant to City Municipal Code including, but not limited to, The Preserve Development Impact Fees (DIF) and Sewage Facilities Development Fee (SFDF). The actual amount of fees due to the City will be based on the fee schedule in place on the date that the fees are due, or the date that they are paid, whichever occurs last. The fee amount stated in this notice is subject to change based on (1) annual adjustments for inflation, pursuant to Chino Municipal Code, Chapter 3.40.100 or 3.45.100, (2) revisions to the Chino Municipal Code, and (3) updates to the fee studies and nexus reports adopted by the City.
Developer is solely responsible for remaining informed about changes in the fee amounts. City shall have no obligation to inform Developer of changes in the fee amounts unless Developer requests notice of such changes, pursuant to Government Code Section 66019(b) and Chino Municipal Code Chapter 3.40.080(B) or 3.45.080(B).
2.11 All projects developing one (1) acre or more of total land area, or which are part of a larger phased development that will disturb one acre of land, are required to obtain coverage under the State Water Resources Control Board’s (SWRCB) General Permit for storm water discharges associated with construction activity. Proof of filing a Notice of Intent (NOI) with the SWRCB for coverage under this permit is required. A copy of the Waste Discharger’s Identification Number (WDID), issued by the SWRCB, must be submitted to the Project Engineer prior to issuance of grading permits. More detailed information regarding this General Permit, applicable fee information and the necessary forms to complete the NOI are available by calling (916) 341-5537 or on the SWRCB web site at
https://www.waterboards.ca.gov/water_issues/programs/stormwater/constpermits.html
2.12 Pursuant to Santa Ana Regional Water Quality Control Board Order Number R8-2010-0036, NPDES Permit No. CAS618036, prepare a project-specific Water Quality Management Plan (WQMP) and submit to the project engineer for review and approval. To address NPDES Permit requirements to the maximum extent practicable, the project shall be designed to specify preferential use of Low Impact Development Best Management Practices that reduce pollutants and runoff volume through structural measures (e.g. infiltration, harvesting, and bio-treatment) and non-structural measures (e.g. preserving natural areas, clustering development, and reducing impervious areas). The WQMP shall conform to the requirements of the San Bernardino County Stormwater Program, 2013 WQMP Technical Guidance Document and include the Trash Order Implementation Plan requirements as directed by the Director of Public Works.
2.13 For development activities specific to paved surfaces that will be used for vehicular transportation, the MS4 Permit requires the preparation of a transportation WQMP. The City may require low impact development (LID) preventative measures that promote infiltration and shall be incorporated in the drainage plans for roadway improvement areas outside the project boundary due to offsite infrastructure.
2.14 Install a sewer SmartCover device along Chino Corona Road, spanning in an east-west direction.
This device is essential for the monitoring of sewer flows and facilitating efficient management and maintenance of the sewer system.
2.15 City staff has deemed that the recycled water shall be used for grading operations, dust control activities, and public right-of-way area landscape irrigation. An evaluation of compliance to the PL 23-0043 (MSA) 7 May 1, 2024
California State Water Resources Control Board latest requirements shall be made at the time of permit issuance.
2.16 Prepare and submit a water system evaluation report should there be any proposed deviations from the master facilities in the Water Master Plan Update, dated January 2022. The study shall be an amendment to update the Water Master Plan. The analysis shall evaluate the potential effects of the proposed development on the City’s distribution system and include submission of the ESRI GIS shapefiles to update the hydraulic model.
2.17 The developer shall be required to execute a Chino Basin Watermaster "Voluntary Agreement" with the City in those instances where such an agreement applies. For example, such instances would include developer-acquired acreage that is planned for development, but the timing of that development occurs at some future time and the acreage is proposed to be used for agricultural purposes utilizing City provided water in the interim. The Voluntary Agreement and any necessary amendments to existing agreements must be fully executed prior to the provision of City supplied water for agricultural purposes.
2.18 Any future maintenance and repair of sewer laterals, except for the portion of lateral located within the public right-of-way or public easement, and domestic water or fire service laterals to the project site shall be the sole responsibility of the applicant/property owner in accordance with City Code, Chapter 13.04.175 and 13.12.150.
2.19 All public street corners shall have a minimum curb radii per City Municipal Code, Chapter 19.06 and City Standards and Specifications.
2.20 Provide adequate sight distance (per City Standard No. 865) for each project driveway and at all intersections. Landscaping type and height shall be maintained to ensure sight distance requirements are perpetuated.
2.21 Comply with all requirements of the Focused Traffic Assessment dated November 2, 2023, including participation in fair share contributions and construction of required improvements and mitigation measures as shown on the Mitigation Monitoring and Reporting Program, to mitigate impacts.
2.22 Submit to the City electronic files, in Adobe Acrobat PDF format, of all submittals, including reports, studies, improvement plans, and City redlines of previous submittals. Include AutoCAD and Esri GIS shape files as an e-transmitted zip file of all approved improvement plans.
3.0 PRIOR TO REQUEST AND RELEASE OF ANY OCCUPANCY PERMITS:
3.1 Construct and secure Development Services Department approval of all public facilities enumerated under Section 2.7 above (per Resolution No. 88-23).
3.2 Underground all utility lines adjoining and interior to the project, including power lines of 34.5kV or less in accordance with City Municipal Code, Chapter 13.32.
3.3 The applicant’s Civil Engineer shall field verify that all BMPs are designed, constructed, and functional in accordance with the approved WQMP. BMPs shall also be inspected by Public Works Environmental staff. Coordinate inspection with staff and submit a completed City of Chino BMP field verification form for review and approval.
3.4 Slurry seal along all streets impacted by the development as directed by City staff. Install signing and striping per approved plans.
PL 23-0043 (MSA) 8 May 1, 2024
3.5 Provide and record a reciprocal use and maintenance agreement to assure common ingress and egress and joint maintenance of all common access, parking areas and drives.
3.6 Pay all remaining applicable fees pursuant to City Municipal Code.
4.0 PRIOR TO FINAL ACCEPTANCE/PROJECT CLOSEOUT:
4.1 Complete all Conditions of Approval listed under Sections 1-3 above.
4.2 Submit to the City a letter from the surveyor indicating monuments required for the map have been set and they have been fully paid for their services.
4.3 Submit to the City, electronic files of Tract/Parcel Map and “as-built” improvement plans in AUTOCAD, Ersi GIS shape and Adobe Acrobat PDF formats. AUTOCAD files shall be submitted as an e-transmitted zip file of the CAD drawings with all base files attached. Scanned resolution of PDF shall be a minimum of 360 dpi.
Rev. 6/6/23
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
DEVELOPMENT ENGINEERING DIVISION
TRACT MAP NO. 16420-Dashed Map PL23-0043 (MSA)
PROJECT ENGINEER: Daniel Aguirre
DATE: 5/1/2024
A COPY OF THIS CHECK LIST MUST BE PROVIDED ALONG WITH A COMPLETED PLAN CHECK REVIEW APPLICATION TO THE
ENGINEERING TECHNICIAN WHEN MAKING AN APPOINTMENT FOR FIRST PLAN CHECK SUBMITTAL Copy of Development Engineering Division Conditions of Approval Plan Check Fee Calculation Form
Maps (Subdivision Only)
Preliminary Title Report (no older than six months) (Subdivision Only) Closure Calculations (Subdivision Only)
Referenced Maps (Subdivision Only)
Preliminary Soils Report (no older than sixty days)
Lot line adjustment certificate
Lot merger
Right-of-way dedication
Rough Grading Plans
Precise Grading Plans
Storm Drain Plans
Hydrology and Hydraulic Calculations with Backup Data (Signed and Sealed by a Registered Civil Engineer)
Engineering Cost Estimate (On City Forms) with Engineer’s Wet Signature and Stamp Street Improvements Plans
Copies of Cross-Sections (if street plans are required) at 50’ intervals and extended a minimum of 100’ beyond limits of improvements
Sewer Plans
Domestic Water Plans
Recycled Water Plans
Street Light Plans including a Photometric Diagram
Voltage Drop Calculations (Signed and Sealed by a Registered Engineer) Signing and Striping Plans
Traffic Control Phasing Plan
Traffic Signal Plans (Traffic Signal Modification plans for Traffic Signal Modification at WPL and Pine Ave)
Water Quality Management Plan
C-1
EXHIBIT C
PUBLIC IMPROVEMENTS
[ATTACHED]
The Preserve - Block 8
Tract 16420-8
Project Title Ref # Description
DIF Dollar Amount
(Per Master Facilities
Plan)
Engineer's
Estimated Costs for
Applicable
component of DIF
Line Item
Notes
West Preserve Loop -
Pine/Legacy Park
TR-111 /
ST083 Reach 83- Pine to Market $ 449,478
West Preserve Loop -
Pine/Legacy Park
TR-111 /
ST063 Reach 63 - Market to Legacy $ 1,263,926
Market Street - West
Preserve Loop /Hellman
TR-101 /
ST051 Reach 51 - West Preserve Loop to Main $ 882,350
Legacy Park - NS Chino -
Corona/Hellman )
TR-101 /
ST054 Reach 54 - West Preserve Loop to Main $ 1,094,542 West Preserve Loop - Pine INT -033 Signal- West Preserve Loop & Pine $ 450,000 Subtotal Streets: $ - $ 4,140,296
Market St SD094 West Preserve Loop to Main $ 810,509
West Preserve Loop SD095 South of Market $ 1,083,277
West Preserve Loop SD096 North of Legacy Park St $ 77,934 Portion of SD Segment Subtotal Storm Drainage Collection: $ - $ 1,971,719
West Preserve Loop DW054 Pine to Market $ 147,583
West Preserve Loop DW058 Market to Legacy $ 415,000
Market St DW061 West Preserve Loop to Main $ 289,713
Legacy Park St DW064 West Preserve Loop to Main $ 359,384 Subtotal Water: $ - $ 1,211,680
West Preserve Loop RW090 Pine to Market $ 79,046
West Preserve Loop RW075 Market to Legacy $ 222,278
Market St RW101 West Preserve Loop to Main $ 155,173
Legacy Park St RW073 West Preserve Loop to Main $ 192,489 Subtotal Water: $ - $ 648,986
West Preserve Loop S13 Market to Legacy $ 568,801 Portion of Sewer Segment Subtotal Sewer: $ - $ 568,801
Subtotal Misc. Residential Amenities: $ - $ -
$ - $ 8,541,482
Potable Water Generation, Transmission and
Distribution Facilities
Sewer Collection System
Sewer Collection System
Bridges, Signals and Thoroughfares
Recycled Water Generation, Transmission and
Distribution Facilities
Potable Water Generation, Transmission and
Distribution Facilities
Potable Water Generation, Transmission and
Distribution Facilities
Recycled Water Generation, Transmission and
Distribution Facilities
STORM DRAIN
Potable Water Generation, Transmission and
Distribution Facilities
Water
Storm Drainage Collection System
Storm Drainage Collection System
Storm Drainage Collection System
Exhibit C - DIF Eligible Projects
DIF Category
STREETS
Bridges, Signals and Thoroughfares
Bridges, Signals and Thoroughfares
Bridges, Signals and Thoroughfares
Bridges, Signals and Thoroughfares
ESTIMATED TOTAL
Misc. Residential Amenities
Recycle Water
Recycled Water Generation, Transmission and
Distribution Facilities
Recycled Water Generation, Transmission and
Distribution Facilities
D-1
EXHIBIT D
ADDENDUM NO. 1
(Assignment of Credit)
Contract No.:
Assignor: Chino Preserve Development Corporation
Project Name: Tract Map No 16420-8
DIF Credit and Reimbursement Summary:
Actual Costs Credits Applied Balance
Circulation DIF $
Water DIF $
Sewer DIF $
Storm Drain DIF $
Balance Credits Assigned Balance Forward
Assigned Credit Circulation DIF
Assigned Credit Water DIF
Assigned Credit Sewer DIF
Assigned Credit Storm Drain DIF
Chino Preserve Development Corporation is hereby transferring DIF Credit in the amount of $<<>> to:
Assignee:
Credit Transfer Amount: $
Remaining Credit: $
“Any transfer or assignment of credits or reimbursement rights acknowledged in this Addendum shall be made in accordance with City procedures, on a form approved by and acknowledged by the City. All parties to this Addendum agree that City will have no obligation to recognize or honor an assignment or transfer that does not comply with the terms of this Addendum.” [SIGNATURES ON FOLLOWING PAGE]
D-2
ASSIGNEE: CHINO PRESERVE DEVELOPMENT
CORPORATION:
Signature, Title Signature, Title
Date: Date:
CITY OF CHINO ACKNOWLEDGEMENT:
Signature, Title
Date: