LAND IMPROVEMENT AGREEMENT
PM # 20456 ASP #
DR # - ADDRESS # 16422 Slover Ave.
THIS AGREEMENT made and entered into this _ day of
by and between the City of Fontana, hereinafter call City and _ 20_ DUKE REALTY LIMITED PARTNERSHIP hereinafter called Applicant.
WITNESSETH:
WHEREAS, it is the intention of the Applicant to improve a certain parcel or parcels of land in the City of Fontana described as_ 16422 Slover Ave. _and,
WHEREAS, the City Council of the City of Fontana has approved and adopted certain rules and regulations governing the developing of land in the City and the posting of improvements securities guaranteeing the installation of necessary permanent improvements as set forth in Article III of Chapter 25, Article IV of Chapter 26 and Article III of Chapter 27 of the Fontana City Code and,
WHEREAS, the City Code specifically sets forth the requirements for the installations of necessary improvements affecting land development.
NOW, THEREFORE, the City and the Applicant mutually agrees as follows:
The Applicant will construct or cause to be constructed at applicants expense all required permanent improvements on streets abutting his property, all required tests, design work, equipment materials, and labor in order to complete all of the improvements as associated with the requirements per the approved project or to the satisfaction of the City Engineer or as specifically described and shown on approved plans on file with City Engineer and total cost estimate as stated on Exhibit "A", and in accordance with applicable provisions of the Standard Specifications and Standard Details of the City of Fontana in effect on the date of this Agreement.
The work shall be done under the supervision of and to the satisfaction of the City Engineer. The estimated cost of said work and improvement is the sum of EIGHT HOUNDRED NINETY FIVE THOUSAND EIGHT HUNDRED AND FOUR ($ 895,804 Surety bond for Faithful Performance in the penal sum of the estimated cost of said work and improvement shall be properly executed in favor of and delivered to the City as part of this Agreement. In lieu of a surety bond the Applicant may deposit money or negotiable securities with the City as provided in Article III of Chapter 25, Article IV of Chapter 26 and Article III of Chapter 27 of the Fontana City Code.
The estimated cost of construction set forth in Exhibit "A" is for estimation purposes only, and for calculation of the amount of securities required pursuant to the provisions of this section.
Revised - RP - 09/01/2022
Applicant's obligation to complete the improvements, or any portion of them, is not limited in any way by the estimated cost of construction, and the obligation of Applicant's surety in connection with the securities required pursuant to the provisions of this section.
All of the required improvements shall be completed within 12 months from the effective date of this agreement. If the work is not completed within the specified time period because of acts of God, the public enemy, the City, or because of fire, flood, epidemic, quarantine restrictions, strikes or freight embargoes, the Applicant shall be entitled to an extension beyond the specified time period for a period equal to the length of such delay within ten days from the beginning of such delay
In addition to the extension for the reasons referenced in the foregoing paragraph, Applicant may submit a written request, Exhibit "B", for a discretionary extension of the time for completion of the improvements to the City Engineer. The City Engineer may grant or reject such extension, in whole or in part or with conditions, in his sole discretion. If an extension time is granted it shall in no way affect the validity of this contract or release the surety on the securities referenced herein.
Upon timely completion of the required improvements pursuant to the terms of this Agreement, and prior to final acceptance of the improvements by the City, Applicant shall submit to the City Engineer for review and approval, a digital copy of "record" drawings of all improvement plans in accordance with the latest edition of the City of Fontana Electric File Submittal Requirements.
Upon the approval of "record" drawing, the City Engineer shall process the release of the Applicant's performance bond posted pursuant to the Bond Guarantee for Faithful Performance.
In the event that Applicant fails to complete the improvements within the required period or any approved extension, the City may complete the work and shall be entitled to recover the full cost and expenses thereof from Applicant, or his surety as herein provided. If City pursues completion of the improvement work, it may require Applicant, or his surety, to pay the City in advance, sufficient monies to cover the City's cost in completing construction of the improvements.
Any limitations period provided by law related to breach of this Agreement or the terms thereof shall not commence running until Applicant, or Applicant's surety pursuant to this Agreement, has provided the City Engineer with written notice of Applicant's intent to abandon or otherwise not complete the improvements.
Applicant shall defend, indemnify and hold City, its elected officials, officers, employees, and agents free and harmless from any and all liability arising out of or incident to Applicant's performance of this Agreement, including without limitation all reasonable attorney's fees, whether or not resulting from the negligence of Applicant or Applicant's agents. This indemnity shall extend to any claims arising because Applicant has failed to properly secure any necessary easement, land right, contract, and approval, but shall not extend to any claim arising out of the sole negligence of City.
2 Revised - RP -09/01/2022
It is further expressly agreed that the Applicant will procure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work.
Revised - RP _ 09/01/2022
IN WITNESS WHEREOF, three (3) identical counterparts of this agreement, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Applicant herein named on the _
name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
CITY OF FONTANA
By:_
City Engineer
Print Name
Christian Cochrun Date:
Print Name
Prologis
Company Name
3546 Concours St., Suite 100
Address
Ontario, CA 91764
City State Zip Code
Attachments: (1) Exhibit "A" - Cost Estimate
(2) Exhibit "B" - Time Extension
(3) Securities
4 Revised - RP - 09/01/2022
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 October 14,2024 before me, D. Agredano, Notary Public Date Here Insert Name and Title of the Officer
Christian Cochrun
personally appeared
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
D. AGREDANO
WITNESS my hand and official seal.
Notary Public - California
San Bernardino County
Commission # 2455913
My Comm. Expires Jul 30, 2027 Signature
Signature of Notary Public
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:
Signers) 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 - O Limited • General • Partner - • Limited • General • Attorney in Fact • Individual • Attorney in Fact
• Individual
• Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: " Other:
Signer Is Representing: _ Signer Is Representing:
©2015 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Exhibit "A"
LAND IMPROVEMENT
AGREEMENT
INSERT ENGINEER'S
COST ESTIMATE
IN THIS SPOT
Revised - RP - 09/01/2022
STAFF USE ONLY
RECORD NO.:
CITY OF FONTANA
DEPARTMENT OF ENGINEERING
COST ESTIMATE - EXHIBIT "A"
DATE 10-14-2024 PROJECT NAME ONTARIO DISTRICT #17
DEVELOPER PROLOGIS TRACT / PARCEL MAP NO. PM 20456
ENGINEER HUITT-ZOLLARS, INC ADDRESS 16422 SLOVER AVE
PHONE NO. 909-941-7799 FONTANA, CA
STREET IMPROVEMENTS
ITEM QUANTITY UNIT UNIT COST AMOUNT
8" CURB & GUTTER 1,818 L.F. $ 17.00 $ 30,906
8" CURB & GUTTER = 680 L.F. $ 19.00 12,920
8" THICK CROSS GUTTER S.F. $ 11.00 $
4" SIDEWALK 11,152 S.F. $ 7.00 $ 78,064
ACCESS RAMP EA $ 5,000.00
DRIVE WAY APPROACHES 910 S.F. $ 11.00 10,010
ASPHALT CONCRETE DIKES L.F. $ 11.00
FOG SEAL S.F 0.10
IMPORTED EMBANKMENT C.Y. $ 10.00
PREPARATION OF SUBGRADE S.F. $ 0.50
* A.C. 844 TON $ 150.00 $ 126,600
* A.C. OVERLAY (2" THICKNESS)
PER CITY STANDARD 664 TON $ 150.00 99,600
* PCC CURB ONLY (MEDIAN) 1,850 L.F. $ 16.00 $ 29,600
ADJUST SEWER MANHOLE TO GRADE EA 500.00
ADJUST SEWER CLEAN OUT TO GRADE EA $ 300.00
ADJUST WATER VALVES TO GRADE EA $ 250.00
BARRICADES L.F. $ 40.00
2 X 4 REDWOOD HEADER L.F. 5.00
* REMOVAL OF A.C. PAVEMENT 25,366 S.F. 0.66 $ 16,742
** REMOVAL OF P.C.C. CURB 94 L.F. 6.00 564
* REMOVAL OF A.C. BERM L.F. 5.00
RETAINING WALL H=2 1/2 FT. OR LESS L.F. 40.00
BLOCK WALL H=6 FT. L.F. 50.00
AGGREGATE BASE TON $ 30.00
GUARD POSTS EA $ 70.00
GUARD PANEL (WOOD) L.F. 40.00
SAWCUT 3,000 L.F. 3.50 7,500
REFLECTORS AND POSTS EA 100.00
STREET SIGNS EA 250.00
EA
EA
EA
EA
EA
STREET IMPROVEMENT SUBTOTAL $ 415,506
* A.C. ASPHALTIC CONCRETE
** P.C.C. PORTLAND CONCRETE CEMENT
Rev. 2/5/24 NQ/RG Page 5 of 8
STORM DRAIN IMPROVEMENTS
ITEM QUANTITY UNIT UNIT COST
*18" RCP AMOUNT
L.F. $ 90.00
* 24" RCP L.F.
$ 110.00
* 30" RCP L.F.
250.00
* 36" RCP
L.F 250.00
* 42" RCP L.F.
$ 250.00 $
*48" RCP L.F. $ 260.00
* 54" RCP L.F.
$ 280.00 S
* 60" RCP L.F. 300.00
S
* 66" RCP L.F.
320.00 S
* 78" RCP L.F.
340.00 $
* 24" CMP L.F. 90.00
* 60" CMP L.F. coco
- 320.00
CATCH BASIN/CURB INLET:
W=7 EA $
4,000.00
W=10 EA
$ 4,500.00
W=14 EA 6,000.00
W=21
EA 11,000.00
W=28 EA 14,000.00
JUNCTION STRUCTURE EA $
3,200.00
TRAFFIC TYPE JUNCTION STRUCTURE EA $ 2,800.00
DISCHARGE STRUCTURE EA S 2,800.00
MANHOLES EA
2,500.00
LOCAL DEPRESSION EA 1,250.00
S
GRATE INLET STRUCTURE EA 2,100.00
$
EA $
PARKWAY DRAIN 3 EA
$ 2,500.00 7,500
EA $ $
EA $
STORM DRAIN IMPROVEMENT SUBTOTAL $ 7,500
* REINFORCED CONCRETE PIPE
* CORRUGATED METAL PIPE
SANITARY SEWER IMPROVEMENTS
ITEM QUANTITY UNIT UNIT COST
AMOUNT
MANHOLES 60" DIAMETER EA
$ 4,500.00 $
MANHOLES 48" DIAMETER EA $ 4,000.00
DROP MAN HOLES EA $ 4,500.00
WYES EA $ 100.00
CLEANOUTS 1
EA $ 600.00 S 600
REMODELING OF EXISTING MANHOLE EA $ 950.00
** 4" VCP L.F. 50.00
** 6" VCP
L.F. 60.00
** 8" VCP
L.F. 70.00
** 10" VCP L.F. 80.00
** 12" VCP L.F. 90.00
** 15" VCP L.F.
$ 100.00
L.F $
L.F.
L.F
L.F. $
SANITARY SEWER IMPROVEMENT SUBTOTAL $ 600
** VITRIFIED CLAY PIPE
TRAFFIC SIGNALS/SIGN/STRIPING
ITEM QUANTITY UNIT UNIT COST
AMOUNT
TRAFFIC SIGNAL MODIFICATION:
ONE CORNER L.S. $ 75,000.00
TWO CORNERS L.S. $ 100,000.00
TRAFFIC SIGNAL NEW L.S. $ 400,000.00
PAINT TRAFFIC STRIPE (1 COAT) 2,175 L.F. 2.40 5,220
PAINT TRAFFIC STRIPE (2 COATS) L.F. 0.65
PEDESTRIAN CROSSWALK STRIPING L.F. $ 0.65 $
PAVEMENT MARKER (NON REFLECTIVE) _ EA $ 2.50
PAVEMENT MARKER (REFLECTIVE) EA $ 4.00
REFLECTORS AND POSTS EA 100.00
STREET SIGNS 11 EA 250.00
2,750
EA
EA $
EA
EA
TRAFFIC SIGNAL/SIGNS/STRIPING SUBTOTAL $ 7,970
C.F.D. LANDSCAPE IMPROVEMENTS (BONDING PURPOSES ONLY)
QUANTITY UNIT COST AMOUNT
AREA LANDSCAPED
30,720
CENTER MEDIAN
$ 115,500
LANDSCAPING IMPROVEMENTS SUBTOTAL $ 146,220
SUBTOTALS:
STREET IMPROVEMENTS SUBTOTAL .......... .. $ 415,506
STORM DRAIN IMPROVEMENTS SUBTOTAL ... ... $ 7,500
SANITARY SEWER IMPROVEMENTS SUBTOTAL $ 600
TRAFFIC SIGNAL/SIGNS/STRIPING SUBTOTAL .. 7,970
IMI IMPROVEMENT SUBTOTAL $ 431,576
* USE THIS TOTAL FOR PLAN CHECK & PERMITTING PURPOSES*
C.F.D. LANDSCAPE IMPROVEMENT....... • S
STREET LIGHTS 8__@$5,000.00
40,000
CUCAMONGA COUNTY WATER DISTRICT FACILITIES
IMPROVEMENT SUBTOTAL 617,796
ADD 35%. 216,228
ADD 10% FOR IMPROVEMENT PLANS NOT APPROVED 61,780
BONDING TOTAL.. $ 895,804
Rev. 2/5/24 NO/RG
APPROVED PUBLIC IMPROVEMENT PLANS:
STREET IMPROVEMENT DRAWING NO. 6451
STREET LIGHT DRAWING NO. 6451 LT
SEWER IMPROVEMENT DRAWING NO. 2962
STORM DRAIN IMPROVEMENT DRAWING NO. N/A
TRAFFIC SIGNAL DRAWING NO. N/A
SIGNING & STRIPING DRAWING NO. 6457
INTERCONNECT DRAWING NO. N/A
C.F.D. LANDSCAPE DRAWING NO. N/A
Rev. 2/5/24 NO/RG
Bond No. 9465155
Premium $ 4,837.00
BOND GUARANTEE FOR FAITHFUL PERFORMANCE
Land Improvement Agreement
WHEREAS, the City of Fontana, State of California, and
DUKE REALTY LIMITED PARTNERSHIP
_hereinafter designated as
"Applicant" have entered into an agreement whereby applicant agrees to install and complete certain designated public improvements which said agreement, dated October 14, 2024, and identified as LAND IMPROVEMENT AGREEMENT
a part hereof; and
WHEREAS, said applicant is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.
NOW, THEREFORE, we the applicant and Fidelity and Deposit Company of Maryland as surety, are held and firmly bound unto the City of Fontana, hereinafter called the City, in the penal sum of EIGHT HOUNDRED NINETY FIVE THOUSAND EIGHT HUNDRED AND FOUR ($ 895,804 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 those presents.
The condition of this obligation is such that if the above bonded applicant, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their 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 hold harmless the 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, pursuant to Article III of Chapter 25, Article IV of Chapter 26 and Article III of Chapter 27 Fontana City Code, and any amendments thereto, for the installation of construction of: _ Street Improvements per DWG #6451, Street Light Improvements per DWG #6451LT Signing & Striping improvements per DWG #6457
Sewer Improvement per DWG #2962
As part of the obligation secured hereby and in addition to the face amount specified hereon, there shall be included costs and reasonable expenses and fees including reasonable attorney's 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 wise 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.
6 Revised - RP - 09/01/2022
IN WITNESS WHEREOF, this instrument has been duly executed by the applicant and Type text here _(seal)
Applicant
[Name, Title] of Prologis, Inc.,
a Maryland corporation
Fidely and Depost CoreRgy fi Maryland
_(seal)
NOTE: Signature for those executing for the surety must be properly acknowledge.
7 Revised - RP - 09/01/2022
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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
Contra Costa
County of
on Otsor 14,2021 before me, _ Lisa M. Lucas, Notary Public Here Insert Name and Title of the Officer
personally appeared Tanya Chinchilla
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(*) whose name(») is/ă*é subscribed to the within instrument and acknowledged to me that Xe/she/the* executed the same in Diz/her//XeX authorized capacity(lex), and that by Kis/her/tKeiXsignature(f) on the instrument the person(s), or the entity upon behalf of which the person(g) 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.
AsAAAAAAT
LISA M. LUCAS
COMM. # 2431224 Leia M. Leua
NOTARY PUBLIC - CALIFORNIA O Signature _
CONTRA COSTA COUNTY O Signature of Notary Public
COMM. EXPIRES JAN. 13, 20275
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 - O Limited • General • Partner - • Limited • General • Individual • Attorney in Fact C Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee
• Guardian or Conservator
] Other: • Other:
Signer Is Representing: _ Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint D. Richard STINSON, Lisa M. LUCAS, A.W, BROWN, Tanya CHINCHILLA and Nicholas TAN, all of San Ramon, California, EACH, its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By-Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 23rd day of August, A.D. 2023.
SEAL SEAL SEAL
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Robert D. Murray
Vice President
Dawn 6 Broun
By: Dawn E. Brown
Secretary
State of Maryland
County of Baltimore
On this 23d day of August, A.D. 2023, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D.
Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
Genevieve M. Maison
GENEVIEVE M. MAISON PUBLIC
NOTARY PUBLIC
BALTIMORE COUNTY, MD
My Commission Expires JANUARY 27, 2025
Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790
LAND IMPROVEMENT AGREEMENT
EXHIBIT "B"
I,.
(Applicant's name here)
am the owner of the property to which this Request is being made for a One Year Time Extension for Project No.
Print Name:
Applicant's Signature:
Applicant's Address:
Date:
(Attached Notary Acknowledgment)
CITY OF FONTANA
BY:_ DATE:
City Engineer
1] DENY
[1 APPROVED
NEW DATE:
8 Revised - RP - 09/01/2022