LAND IMPROVEMENT AGREEMENT
PM # 20834 ASP #
DR # 22-054 ADDRESS # 16250 Slover Ave., Fontana, CA 92337 THIS AGREEMENT made and entered into this _day of June 2025, by and between the City of Fontana, hereinafter call City and CHIPT FONTANA CITRUS AVENUE, L.P. _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 0251-151-41, 0251-151-09,0251-151-39. 0251-151-40. 0251-151-42, 0251-151-43, 0251-151-15 0251-151-16, 0251-151-14, 0251-151-19. 0251-151-20, 0251-151-21, 0251-151-22, 0251-151-10. 0251-151-44, 0251-151-07, 0251-151-04, 0251-151-03, and. 0251-151-18, 0251-151-05, AND 0251-151-06
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 One Million three hundred thirty-six thousand two hundred sixty-eight and ninety five cents ($1,336,268.95).
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 Ill 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. 1 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 36 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
signed any is podatied representatives pustay to ag herity ofts go and ingo presents duly
APPLICANT CITY OF FONTANA
CHIPT Fontana Citrus Avenue, L.P., By:
a Delaware limited partnership City Engineer
By: CHIPT Fontana Citrus Avenue GP, L.L.C.
a Delaware limited liability company,
its general partner Print Name
By: CHIPT Fontana Citrus, L.P.., Date:_
a Delaware limited partnership,
its manager
By: CHI West 119 Citrus Boyle, L.P.,
a Delaware limited partnership,
its general partner
By: CHI LTH GP, L.L.C.,
a Delaware limited liability company,
its general partner
By:
Philip J. Prassas
Vice President
Address: 527 W. 7th Street, Suite 200
Los Angeles, CA 90014
Attachments: (1) Exhibit "A" - Cost Estimate
(2) Exhibit "B" - Time Extension
(3) Securities
4 Revised - RP - 09/01/2022
CITY OF FONTANA
ENGINEERING T STAFF USE ONLY
• PRELIMINARILY APPROVED FONTANA RECORD NO.: ELPC24-00044 / CONSTRUCTION APPROVED
• FINAL APPROVED CITY OF FONTANA
• CORRECTIONS
• FOR INFORMATION ONLY DEPARTMENT OF ENGINEERING
COST ESTIMATE - EXHIBIT "A"
BY bryant DATE 1/22/2025
DATE 04/17/2025 PROJECT NAME CHI Fontana Boyle
DEVELOPER CHIPT FONTANA CITRUS AVENUE, L.P. TRACT / PARCEL MAP NO.
ENGINEER Langan ADDRESS 16250 SLOVER AV,
PHONE NO. 949.561.9223 FONTANA, CA 92337
STREET IMPROVEMENTS
ITEM QUANTITY UNIT UNIT COST AMOUNT
6" CURB & GUTTER $ 17.00 $
8" CURB & GUTTER 2378 $ 19.00 $45,182
8" THICK CROSS GUTTER 11.00 $
S.P.
4" SIDEWALK 12660 $ 7.00 $ 88,620
ACCESS RAMP 4 EA $ 5,000.00 $20,000
DRIVE WAY APPROACHES 10364 S.F. $ 11.00 $ 114,004
ASPHALT CONCRETE DIKES L.F. $ 11.00 $
FOG SEAL S.F. 0.10 $
IMPORTED EMBANKMENT C.Y. $ 10.00 $
PREPARATION OF SUBGRADE 81650 S.F. $ 0.50 $40,825
* A.C. 3205 TON $ 150.00 $ 480,750
* A.C. OVERLAY (2" THICKNESS)
PER CITY STANDARD TON $ 150.00 $
* PCC CURB ONLY (MEDIAN) 465 L.F. 16.00 $7,440
ADJUST SEWER MANHOLE TO GRADE 5 EA $ 500.00 $2,500
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 58559 S.F. $ 0.66 $ 38,648.94 ** REMOVAL OF P.C.C. CURB L.F. 6.00
* 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 2304 TON 30.00 $ 69,120
GUARD POSTS EA $ 70.00 $
GUARD PANEL (WOOD) L.F. 40.00 $
SAWCUT 2082 L.F. 3.50 $7,287
REFLECTORS AND POSTS EA 100.00 $
STREET SIGNS EA $ 250.00 $
EA
EA
EA
EA
EA $
STREET IMPROVEMENT SUBTOTAL $ 914376.90
* A.C. ASPHALTIC CONCRETE
** P.C.C. PORTLAND CONCRETE CEMENT
Rev. 2/5/24 NO/RG Page 5 of 8
STORM DRAIN IMPROVEMENTS
ITEM QUANTITY UNIT UNIT COST AMOUNT
* 18" RCP 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. S 250.00 $
* 48" RCP L.F. $ 260.00 $
* 54" RCP L.F. $ 280.00 $
* 60" RCP L.F. $ 300.00 S
* 66" RCP L.F. $ 320.00
* 78" RCP L.F. 340.00 $
* 24" CMP L.F. 90.00 $
* 60" CMP L.F. 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 4 EA 2,800.00 $11,200
MANHOLES EA 2,500.00 $
LOCAL DEPRESSION EA 1,250.00 $
GRATE INLET STRUCTURE EA 2,100.00 $
EA $ $
EA $ $
EA $ $
EA $ $
STORM DRAIN IMPROVEMENT SUBTOTAL $
* 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 EA 600.00
REMODELING OF EXISTING MANHOLE EA 950.00 $
** 4" VCP L.F. 50.00 $
** 6" VCP L.F. 60.00 $ 1,740
** 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. 6A SA LA GA GA 60/60
L.F.
L.F.
SANITARY SEWER IMPROVEMENT SUBTOTAL $ 1,740
** 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) 6187 L.F. $ 2.40 $ 14,848.80 PAINT TRAFFIC STRIPE (2 COATS) L.F. $ 0.65 $
PEDESTRIAN CROSSWALK STRIPING 251 L.F. $ 0.65 $ 163.15
PAVEMENT MARKER (NON REFLECTIVE) EA $ 2.50
PAVEMENT MARKER (REFLECTIVE) EA $ 4.00
REFLECTORS AND POSTS EA 100.00
STREET SIGNS 10 EA $ 250.00 2,500.00
EA $
EA
EA
EA
TRAFFIC SIGNAL/SIGNS/STRIPING SUBTOTAL $ 17,511.95
C.F.D. LANDSCAPE IMPROVEMENTS (BONDING PURPOSES ONLY)
QUANTITY UNIT COST AMOUNT
AREA LANDSCAPED $
CENTER MEDIAN $
LANDSCAPING IMPROVEMENTS SUBTOTAL $
SUBTOTALS:
STREET IMPROVEMENTS SUBTOTAL .......... • $914,376.90
STORM DRAIN IMPROVEMENTS SUBTOTAL ... $11,200
SANITARY SEWER IMPROVEMENTS SUBTOTAL ..... $1,740
TRAFFIC SIGNAL/SIGNS/STRIPING SUBTOTAL.. : $17,511.95
IMF IMPROVEMENT SUBTOTAL $944,828.85
* USE THIS TOTAL FOR PLAN CHECK & PERMITTING PURPOSES*
C.F.D. LANDSCAPE IMPROVEMENTS ............ $
STREET LIGHTS 9 @$5,000.00... • $ 45,000
CUCAMONGA COUNTY WATER DISTRICT FACILITIES $
IMPROVEMENT SUBTOTAL $ 989,828.85
ADD 35% $ 346,440.10
BONDING TOTAL... $ 1,336,268.95
Rev. 2/5/24 NQ/RG Page 7 of 8
APPROVED PUBLIC IMPROVEMENT PLANS:
STREET IMPROVEMENT DRAWING NO. _ 6521
STREET LIGHT DRAWING NO. _ 6521LT
SEWER IMPROVEMENT DRAWING NO. _ 2962
STORM DRAIN IMPROVEMENT DRAWING NO.
TRAFFIC SIGNAL DRAWING NO. _
SIGNING & STRIPING DRAWING NO. 6522
INTERCONNECT DRAWING NO. _
C.F.D. LANDSCAPE DRAWING NO.
Rev. 2/5/24 NO/RG Page 8 of 8
Bond No. CIC1945352
Premium $16,703.00
BOND GUARANTEE FOR FAITHFUL PERFORMANCE
Land Improvement Agreement
WHEREAS, the City of Fontana, State of California, and
CHIPT FONTANA CITRUS AVENUE, L.P. _hereinafter designated as "Applicant" have entered into an agreement whereby applicant agrees to install and complete certain designated public improvements which said agreement, dated_April 2,2024 and identified as Development Agreement No. 23-096 is hereby referred to and made 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.
• Capitol Indemnity Corporation
NOW, THEREFORE, we the applicant and
as surety, are held and firmly bound unto the City of Fontana, herematter called the City, in the penal sum of One Million Three Hundred Thirty Six Thousand Two Hundred Sixty Eight and 84/100 (S 1,336,208.84 ) 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:
Required public improvements as detailed in Development Agreement No. 23-096 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 surety above named, on April 18, 2025
_(seal)
Applicant
CHIPT Fontana Citrus Avenue, L.P.,
a Delaware limited partnership
By: CHIPT Fontana Citrus Avenue GP, L.L.C.,
a Delaware limited liability company, its general partner By: CHIPT Fontana Citrus, L.P.,
a Delaware limited partnership, its manager
By: CHI West 119 Citrus Boyle, L.P.,
a Delaware limited partnership, its general partner
By: CHI Development GP, L.L.C.,
a Delaware limited liability company, its general partner apitol Indemnity Corporation
_(seal)
Surety Laura E. Sudduth, Attorney-In-Fact
NOTE: Signature for those executing for the surety must be properly acknowledge.
Revised - RP - 09/01/2022
State of _ Texas
SS:
County of Harris
April 18, 2025 _, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Laura E. Sudduth
known to me to be Attorney-in-Fact of Capitol Indemnity Corporation the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above.
My Commission Expires June 15, 2026
Notary Public
JENNIE GOONIE
E Notary Public, State of Texas
• Comm. Expires 06-15-2026
Notary ID 125034504
CAPITOL INDEMNITY CORPORATION CIC1945352
POWER OF ATTORNEY Bond Number
KNOW ALL MEN BY THESE PRESENTS, That the CAPITOL INDEMNITY CORPORATION, a corporation of the State of Wisconsin, having its principal offices in the City of Middleton, Wisconsin, does make, constitute and appoint Houston, Texas
its true and lawful Attorneys)-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. undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in $1,336,268.84 _for CIC1945352 _ on behalf of CHIPT Fontana Citrus Avenue LP Bond Amount Bond Number Principal
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 8th day of January, 2002. "RESOLVED, that the President, Executive Vice President, Vice President, Secretary or Treasurer, acting individually or otherwise, be and they hereby re granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings, anc other writings obligatory in the nature thereof, one or more resident vice-presidents, assistant secretaries and attorneys)-in-fact, cach appointee to have the powers and duties usual to such offices to the business of this company; the signature of such officers and seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by facsimile signatures and facsimile seal shall e vald and bunding upon the Company in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it ttached. Any such appointment may be revoked, for cause, or without cause, by any of said officers, at any time n connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to th Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department o Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto affixed duly attested, this 3rd day of May, 2017.
Attest: CAPITOL INDEMNITY CORPORATION
AL. Rippined NDEMNITY CORO
CORPORATE
John E. Rzepinski SEAL
Vice President, Treasurer & CFO Stephen J. Sills
suzanne n Broadbent CEO & President
Suzanne M. Broadbent
Assistant Secretary
STATE OF WISCONSIN
COUNTY OF DANE S.S.:
Danal 4. Regale
David J. Regele
STATE OF WISCONSIN Notary Public, Dane Co., WI
COUNTY OF DANE S.S.: My Commission Is Permanent
Signed and sealed at the City of Middleton, State of Wisconsin this 18th day of. April 2025 • PITOL D
SEAL Antonio Celi
General Counsel, Vice Presidenis Screary
THIS DOCUMENT HAS BEEN GENERATED FOR A SPECIFIC BOND. IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT CALL 800-475-4450. CIC-ePOA (Rev. 05-2017) CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
888888898886889889898988888888880808888818880888389888886989:8888888088388888888388888888888883888893889889808088808888898883808808989808088888883838388838983 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 MAY 8, 2125 .. before me, _ NICLE J. WANG, PUBUIC NOtARY Here Insert Name and Title of the Officer
personally appeared PHILIP J. PRASSAS
Name(s) of Signers)
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
NICOLE J. WANG laws of the State of California that the foregoing Notary Public - Califernia paragraph is true and correct.
Los Angeles County
Commission # 2456636 WITNESS my hand and official seal
My Comm. Expires Aug 1, 2027
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