Rialto City Council
December 13, 2022

SUBDIVISION IMPROVEMENT AGREEMENT
by and between

CITY OF RIALTO
and
abdel awad
owner and Developer
Revised 4/14/2020

SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN

THE CITY OF RIALTO
AND
abdel awad owner and Developer
Agreement Date: 11/22/2022
Subdivider Name: abdel awad (hereinafter "Subdivider")
Subdivision Name: (hereinafter "Subdivision")
Tract No.: 2098 (No. of Lots: *02
Tentative: PARCEL Map No.: 20275 (hereinafter "Approved Tentative Map") (Approval Date: 03/08/2021
Improvement Plans Approved On: (hereinafter "Plans")
Estimated Total Cost of Improvements: $ 2390
(Including
Estimated Total Cost of Monumentation: $ 3100 (Based upon the Plans, including Individual lots, subdivision boundary and public improvements) Security:

Bond Nos.: 4457164
Surety: suretec insurance company
-OR-
Irrevocable Standby Letter of Credit No.:

Financiai institution:
-OR-
Cash/Certificate of Deposit, Agreement Dated:

Financial Institution:

Designees for the Service of Written Notice:

CITY: SUBDIVIDER:

City Engineer Name: abdel awad
City of Rialto Address: 884 schurch ave
150 S. Paim Avenue bloomington ca 92316
Rialto, CA 92376 Phone: 909-519-3416
Phone: (909) 820-2602
CITY PROJECT INSPECTOR: SURETY:

City of Rialto Name: suretec insurance company
Public Works Department Address: 3131 camino del rio n,ste 1450 335 W. Rialto Avenue san diego, ca 92108
Rialto, CA 92376 Phone: 909-519-3416
Phone: (909) 421-7294

TABLE OF CONTENTS

1. Construction Obligations 1

1.1 Works of Improvement

1.2 Other Obligations Referenced in Conditions of Tentative Map Approval

1.3 Intent of Plans.

1.4 Survey Monuments

1.5 Performance of Work

1.6 Changes in the Work

1.7 Defective Work

1.8 No Warranty by City

1.9 Authority of the City Engineer...

1.10 Documents Available at the Site.

1.11 Inspection. 3

1.12 Compliance with Law. 3

1.13 Suspension of Work 4

1.14 Erosion and Dust Control and Environmental Mitigation 4

1.15 Final Acceptance of Works of Improvement 4

1.16 Vesting of Ownership 5

1.17 Subdivider's Obligation to Warn Public During Construction 5

1.18 Injury to Public Improvements, Public Property or Public Utility 5

2. Time for Performance. 5

2.1 Commencement and Completion Dates. 5

2.2 Phasing Requirements 6

2.3 Force Majeure 6

2.4 Continuous Work 6

2.5 Reversion to Acreage 6

3. Labor.. ...7

3.1 Labor Standards. 7

3.2 Nondiscrimination 7

3.3 Licensed Contractors 7

3.4 Workers' Compensation 7

4. Security ... 7

4.1 Required Security. 7

4.2 Form of Security Instruments...

4.3 Subdivider's Liability..

4.4 Letters of Credit

4.5 Release of Security Instruments 10
IlI

TABLE OF CONTENTS

5. Cost of Construction and Provision of Inspection Service... 11 Subdivider Responsible for All Related Costs of Construction . 11 Payment to City for Cost of Related Inspection and Engineering Services .... 11

6. Acceptance of Offers of Dedication 11

7. Warranty of Work .. 11

8. Default 11
Default by Sudvider .. .......11
Remedies 12
'Notice of Violation... 12
Remedies Not Exclusive. 12
Attorney's Fees and Costs. 13
Waiver 13

9. Indemnity/Hold Harmless .. 13

10. Subdivider's Indemnity of Project Approval.. .. 14

11. Insurance Requirements ... 14

12. Environmental Warranty .. 16

13. General Provisions .. 17

13.1 Successors and Assigns .. 17

13.2 No Third Party Beneficiaries. 18

13.3 No Vesting Rights 18

13.4 Subdivider is Not Agent of City.. 18

13.5 Time of the Essence .. 18

13.6 Notices ... 18

13.7 No Apportionment 18

13.8 Severability 18

13.9 Captions 18

13.10 incorporation of Recitals 19

13.11 Interpretation.. 19

13.12 Entire Agreement; Waivers and Amendments 19

13.13 Counterparts. 19

14. Authority. .. 19
IV

SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this 11 day of november _ 2022, by and between the CITY OF RIALTO, a municipal corporation, organized and existing in the County of San Bernardino, under and by virtue of the laws of the State of California, ("CITY"): and abdel awad _ (Subdivider").

RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision map identified as Tentative (Trael/Parcel) Map No. 20275 → (the "Map"), located in the City of Rialto, County of San Bernardino, State of California (the "Property"), as described on Exhibit "A. The Map requires Subdivider to comply with certain conditions of approval for the development of the Property (the "Conditions") as described on Exhibit "B".

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

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

D. Subdivider's agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and tacilities, as shown on the Map, are a material consideration to City in approving (Final/Parcel) Map No. 20275. _ for the Property and permitting development of the Property to proceed.

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

1. Construction Obligations.

Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install, or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer, street lighting, landscaping, utility, and other improvements (the "Works of Improvement"), as the same may be suppiemented and revised from time to time as set forth in this Agreement (said plans and specifications, together with all related documents, the "Plans"). The estimated construction cost for the Works of Improvement

1.2. Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the Conditions on the Map for the Property. The Conditions associated with the Map are included as Exhibit "B" attached hereto.

1.3. Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer, (or designee), and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for Subdivider's contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final.

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

Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments as shown on (final/Parcel) Map No. 20275 in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Rialto. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monuments, Subdivider shall furnish the City Engineer written notice of the setting of said monuments and written proof of having paid the engineer or surveyor for the setting of said monuments.

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

1.6. Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or its contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider or its contractor shall be binding on City unless approved in writing by the

City Engineer. The City and Subdivider may mutually agree upon changes to the Works of Improvement, subject to the security requirements in Section 4.

1.7. Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective.

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

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

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

1.11. Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider's contractors) regarding the Works of Improvement.

Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the Subdivider's contractor, at any time before acceptance of the Works of Improvement, shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the Subdivider's contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City Engineer (or designee) shall not be considered as direct control of the individual workmen on the job site. City's inspectors shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement.

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

1.12. Compliance With Law; Applicable Standards for Improvements. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. In addition, without limiting the foregoing, the Subdivider shall, at its expense, obtain and comply with the

conditions of all necessary permits and licenses for the construction of the Works of Improvement. The Subdivider shall also give all necessary notices and pay all fees and taxes as required by law.

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

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

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

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

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

No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by the City Engineer is made. The City Engineer shall make a certification of completion and acceptance on the Works of Improvement by recordation of a Notice of Acceptance on behalf of the City. Final acceptance shall not constitute a waiver by the City Engineer of defective work subsequently discovered.

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

1.16. Vesting of Ownership. Upon recordation of the Notice of Acceptance, ownership of the Works of Improvement shall vest in the City.

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

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

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

2. Time for Performance.

2.1. Commencement and Completion Dates. Subject to Sections 2.2 and 2.3 below, (2) years after the Commencement Date. In the event good cause exists as determined by the City Engineer, the time for commencement of construction or completion of the Works of Improvement hereunder may be extended for a period or periods not exceeding two (2) years. Extensions shall be executed in writing by the City Engineer. The City Engineer in his or her sole discretion determines whether or not the Subdivider has established good cause for an extension. As a condition of such extension, the City Engineer may require Subdivider to furnish new security guaranteeing performance of this Agreement, as extended, in an increased amount to compensate for any increase in construction costs as determined by the City Engineer. If Subdivider requests and is granted an extension of time for completion of the improvements, City may apply the standards in effect at the time of the extension.

Phasing Requirements. Notwithstanding the provisions of Section 2.1, the City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies the City may have for Subdivider's failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Subdivider acknowledges City's right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both.

Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to the City Engineer's satisfaction. for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and conditions, flood, earthquakes, strikes, lockouts, acts or failures to act of a public agency (including City), required changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City's receipt of a written notice from Subdivider or its contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. The City Engineer shall evaluate all claims to Force Majeure and the City Engineer's decision shall be final.

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

2.5. Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Section 66499.11 through Section 66499.20.1. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government Code Section 66499.16, Subdivider hereby consents to such reversion to acreage and agrees that any improvements made by or on behalf of Subdivider shali not be considered in determining City's authority to revert the Property to acreage.

Labor.

3.1. Labor Standards. This Agreement is subject to, and Subdivider agrees to comply with, all of the applicable provisions of the Labor Code including, but not limited to, the wage and hour, prevailing wage, worker compensation, and various other labor requirements in Division 2, Part 7: Chapter 1, including section 1720 to 1740, 1770 to 1780, 1810 to 1815, 1860 to 1861, which provisions are specifically incorporated herein by reference as set forth herein in their entirety. Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of the Works of Improvement.

3.2. Nondiscrimination. In accordance with the California Fair Employment and Housing Act ("FEHA"), California Government Code Section 12940 et seq., Subdivider agrees that Subdivider, its agents, employees, contractors, and subcontractor performing any of the Works of Improvement shall not discriminate, in any way, against any person on the basis of race, ethnicity, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of this Agreement.

3.3. Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed. All of Subdivider's contractors and subcontractors shall obtain a valid City of Rialto business license prior to performing any work pursuant to this Agreement. Subdivider shall provide the City Engineer with a list of all of its contractors and subcontractors prior to initiating any work, and all valid Contractor's licenses and business licenses issued thereto as a condition of constructing the Works of Improvements.

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

4.1. Required Security.
(a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below (hereinafter "Security Instruments"):

A Security Instrument securing Subdivider's faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of $2390 equal to 100% of the estimated construction cost referenced in Section 1.1.

A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment ("Labor and Materials Security instrument") with respect to the Works of Improvement in an amount equal to $2390 equal to 100% of the estimated construction cost referenced in Section 1.1. (iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of $3100 equal to 100% of the cost thereof.

This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for Maintenance and Warranty. Prior to the City Council's acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall deliver a Security Instrument warranting the work accepted for a period of one (1) year following said acceptance ("Maintenance and Warranty Security Instrument"), in the amount of $358.50 equal to 10% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer.

4.2. Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney:
(a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's.
(b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter

of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. (c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Rialto, State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date).
(iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument.
(iv) If the Subdivider seeks to replace any security with another security, the replacement shall: (1) comply with all the requirements for security in this Agreement; (2) be provided by the Subdivider to the City Engineer; and (3) upon its written acceptance by the City Engineer, be deemed a part of this Agreement. Upon the City Engineer's acceptance of a replacement security, the former security may be released by the City.

4.3. Subdivider's Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument.

Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days atter written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4.

4.4. Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit

(expiring in not less than one (1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit.
(b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the Cie City elects to ho contro! of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein, and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account.

Release of Security Instruments. The City shall release all Security Instruments consistent with Government Code Sections 66499.7 and 66499.8 and as follows:
(a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred:

Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted;
(iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and
(iv) after passage of the time within which lien claims are required to be made pursuant to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law.

City shall release the Maintenance and Warranty Security Instrument upon Subdivider's written request upon the expiration of the warranty period, and settlement of any claims filed during the warranty period. (c) The City may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney's fees.

Cost of Construction and Provision of Inspection Service.

5.1. Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the Works of improvement.

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

Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. n addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections.

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

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

Default.

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

(b) Subdivider's failure to timely complete construction of the Works of Improvement;
Subdivider's failure to perform substantial construction work for a period for 20 consecutive calendar days after commencement of the work; (d) Subdivider's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Subdivider fails to discharge within 30 days;
(e) The commencement of a foreclosure action against the subdivision or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or Subdivider's failure to perform any other obligation under this Agreement.

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

8.3. Notice of Violation. The Subdivider's failure to comply with the terms of this Agreement constitutes Subdivider's consent for the City to file a notice of violation against all the lots in the Subdivision, or to rescind or otherwise revert the Subdivision to acreage.

Subdivider specificaliy recognizes that the determination of whether a reversion to acreage or rescission of the Subdivision constitutes an adequate remedy for default by the Subdivider shall be within the sole discretion of the City.

Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, the Subdivider agrees that the choice of remedy or remedies for Subdivider's breach shall be in the discretion of the City.

Additionally, any remedy specifically provided in this Agreement shall be in addition to,

and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled.

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

8.6. Waiver. No waiver by the City of any breach or default by the Subdivider shall be considered valid unless in writing, and no such waiver by the City shall be deemed a waiver of any subsequent breach or default by the Subdivider.

Indemnity/Hold Harmless. City or any officer, employee or agent thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents, employees, contractors and subcontractors in the performance of this Agreement.

Subdivider further agrees to protect, defend, indemnify and hold harmless City, its officials, boards and commissions, and members thereof, agents, and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of Subdivider, its agents, employees, contractors and subcontractors in the performance of this Agreement, except for such claims, demands, causes of action, liability or loss arising out of the sole active negligence of the City, its officials, boards, commissions, the members thereof, agents and employees, including all claims, demands, causes of action, lability or ioss because of or arising out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said Subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design and construction of public drainage systems, streets and other improvements. Recordation of the Notice of Acceptance by the City of the Works of Improvements shall not constitute an assumption by the City of any responsibility for any damage or taking covered by this Section. City shall not be responsible for the design or construction of the property to be dedicated or the improvements pursuant to the approved improvement plans or map, regardless of any negligent action or inaction taken by the City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Subdivider submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design.

After recordation of the Notice of Acceptance, the Subdivider shall remain obligated to eliminate any latent defect in design or dangerous condition caused by the design or construction defect; however, Subdivider shall not be responsible for routine maintenance. The provisions of this paragraph shall remain in full force and effect for ten (10) years following the recordation of the Notice of Acceptance by the City of the Works of Improvements. It is the intent of this section that Subdivider shall be responsible for all liability for design and construction of the improvements installed or work done pursuant to this Agreement and that City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving or reviewing any work or construction. The improvement security shall not be required to cover the provisions of this Paragraph.

Subdivider shall reimburse the City for all costs and expenses, including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs, incurred by City in enforcing this Section.

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

11. Insurance Requirements. Subdivider, at Subdivider's sole cost and expense and for the full term of this Agreement and any extensions thereto, shall obtain and maintain all of the following minimum insurance requirements in a form approved by the City's authorized designee for Risk Management prior to commencing any work:
(a) Commercial General Liability policy with a minimum $1 million combined single limit for bodily injury and property damage providing all of the following minimum coverage without deductibles:

Premises operations; including X. C, and U coverage;
(ii) Owners' and contractors' protection;
(iii) Blanket contractual;
(iv) Completed operations; and
(v) Products.

(b) Commercial Business Auto policy with a minimum $1 million combined single limit for bodily injury and property damage, providing all of the following minimum coverage without deductibles:
(i) Coverage shall apply to any and all leased, owned, hired, or non- owned vehicles used in pursuit of any of the activities associated with this Agreement; and
Any and all mobile equipment including cranes which are not covered under the above Commercial Business Auto policy shall have said coverage provided under the Commercial General Liability policy. (c) Workers Compensation and Employers' Liability policy in accordance with the laws of the State of California and providing coverage for any and all employees of the Subdivider:
(i) This policy shall provide coverage for Workers' Compensation (Coverage A); and
This policy shall provide coverage for $1,000,000 Employers' Liability (Coverage B).
(i) Pursuant to Labor Code section 1861, Subdivider by executing this Agreement certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." (iii) Prior to commencement of work, the Subdivider shall file with the City's Risk Manager a Certificate of Insurance or certification of permission to self-insure workers' compensation conforming to the requirements of the Labor Code.
(d) Endorsements. All of the following endorsements are required to be made a part of each of the above-required policies as stipulated below:
(i) "The City of Rialto, its officers, employees and agents are hereby added as additional insureds."
(ii) "This policy shall be considered primary insurance with respect to any other valid and collectible insurance the City may possess, inciudin any self- insured retention the City may have and any other insurance th City does possess shall be considered excess insurance only." (iii) "This insurance shall act for each insured and additional insured as though a separate policy has been written for each. This, however, will not act to increase the limit of the insuring company."

(iv) "Thirty (30) days prior written notice of cancellation shall be given to the City of Rialto in the event of cancellation and/or reduction in coverage, except that ten (10) days prior written notice shall apply in the event of cancellation for non-payment of premium." Such notice shall be sent to the Risk Manager at the address indicated in Subsection f below.

Subsection d(iv) hereinabove "Cancellation Notice" is the only endorsement required of the Workers' Compensation and Employers' Liability policy.

Admitted Insurers. All insurance companies providing insurance to the Subdivider under this Agreement shall be admitted to transact the business of insurance by the California Insurance Commissioner.

Proof of Coverage. Copies of all required endorsements shall be attached to the Certificate of Insurance which shall be provided by the Subdivider's insurance company as evidence of the coverage required herein and shall be mailed to:

City of Rialto
Risk Management
150 S. Palm Avenue
Rialto, CA 92376

12. Environmental Warranty.

12.1. Prior to the acceptance of any dedications or Works of Improvement by City, Subdivider shall provide City with a written warranty in a form substantially similar to Exhibit "C" attached hereto and incorporated herein by reference, that:
(a) Neither the property to be dedicated nor Subdivider are in violation of any environmental law, and neither the property to be dedicated nor the Subdivider are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated.
(b) Neither Subdivider nor any other person with Subdivider's permission to be upon the property to be dedicated shall use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this Agreement, the term "Hazardous Substances" shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as "Toxic Materials" in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to

time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies.
(c) Subdivider has not caused or permitted the release of, and has no knowledge of the release or presence of, any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. dedicated.

12.2. Subdivider shall give prompt written notice to City of:
(a) Any proceeding or investigation by any federal, state or local governmental (b) authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (c) Any claims made or threatened by any third party against City or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and
(d) Subdivider's discovery of any occurrence or condition on any property adjoining or in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law.

13. General Provisions.

13.1. Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof. Subdivider hereby consents to City recording this Agreement as official records of San Bernardino County, affecting fee title interest to the Property to provide constructive notice of the rights and obligations incurred by Subdivider in the City's approval of this Agreement. In the event the Property is subsequently conveyed by Subdivider to a third party prior to completion of the Works of Improvement, whereby the third party is intended to assume Subdivider's responsibilities with regard to this Agreement, (the "Replacement Subdivider"), the rights and obligations of this Agreement shall transfer to the Replacement Subdivider; however, the Security Instruments required pursuant to Section 4 of this Agreement, and furnished by Subdivider as a condition of the City's approval of this Agreement, shaii remain Subdivider's responsibility to maintain until such time as Subdivider and its Replacement Subdivider enter into a Transfer and Assignment of Subdivision Agreement, (the "Transfer Agreement"), to acknowledge the transfer of fee title to the Property from the Subdivider to its Replacement Subdivider, and to acknowledge the rights and obligations associated with this Agreement upon the

Replacement Subdivider, including Replacement Subdivider's responsibility to furnish replacement Security Instruments meeting the City's approval pursuant to Section 4 of this Agreement. Until such time as a Transfer Agreement, meeting the City's approval, is executed by Subdivider and its Replacement Subdivider, and replacement Security Instruments meeting City's approval are furnished by the Replacement Subdivider, Subdivider retains sole responsibility for maintaining all Security Instruments required pursuant to Section 4 of this Agreement.

13.2. No Third Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity.

13.3. No Vesting Rights. Performance by the Subdivider of this Agreement shall not be construed to vest Subdivider's rights with respect to any change in any zoning or building law or ordinance.

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

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

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

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

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

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

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

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

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

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

13.13. Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall be deemed one original.

Authority. The persons executing this Agreement on behalf of the parties warrant the (1) party is duly organized and existing, (i) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other Agreement to which said party is bound. [SIGNATURES ON NEXT PAGE]

IN WITNESS WHEREOF, the City and the Subdivider have caused this Agreement to be executed the day and year first above written.

CITY OF RIALTO, CALIFORNIA SUBDIVIDER
By: _ le
By:

Deborah Robertson, Mayor
Title: owner and developer

APPROVED BY THE CITY COUNCIL
Date:

Agreement No.:

ATTEST:

By:

Barbara McGee, City Clerk
APPROVED AS TO FORM:

By:

Eric S. Vail, City Attomey
RECOMMENDED:

By:

Alberto Paiva, P.E.

Public Works Director/City
Engineer

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, o
validity of that document.

State of California San Bernardino
County of
On June 13, 2022 before me, N. Cruz, Notary Public
(insert name and title of the officer)
personally appeared _ Abdel Awad
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal. N. CRUZ
Commission No. 2243656
NCC: NOTARY PUBLIC-CALIFORNIA VCCI

SAN BERNARDINO COUNTY
My Comm. Expires JUNE 18. 2022
Signature (Seal)
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
On before me, _
Date Here Insert Name and Title of the Officer
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 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 they by his / her / their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
Signature of Notary Public
Place Notary Seal Above
- OPTIONAL-
hough this section is optional, completing this information can deter alteration of the document c audulent reattachment of this form to an unintended documen Description of Attached Document
Title or Type of Docurent: 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 - • Limited [ General • Partner - • Limited • General L Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: •Other:

Signer is Representing: Signer is Representing:

EXHIBIT "A"
PABLO MAP 20275 LEGAL DESCRIPTION
cords of san Bermardino County, California. _ Pages _ _through _ inclusive, Exhibit "A"
EXHIBIT "B"
TENTATIVE PARCE MAP 2027S_ CONDITIONS OF APPROVAL
The Conditions issued to Subdivider for development of the Property follow this page.

Exhibit "B"
1 RESOLUTION NO. 2021-14
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF RIALTO, CALIFORNIA APPROVING A NEGATIVE

DECLARATION (ENVIRONMENTAL ASSESSMENT REVIEW
4 NO. 2020-0031) FOR A PROJECT CONSISTING OF A
SUBDIVISION OF ONE 0.89-ACRE PARCEL (0253-132-01) OF
5 VACANT LAND INTO TWO PARCELS WITHIN THE SINGLE
6 FAMILY (R-1C) ZONE.
7 WHEREAS, the applicant, Abdel Awad, proposes to subdivide one 0.89-acre parcel of land 8 |(APN: 0253-132-01) into two parcels single family lots ("Project") located at on the east side of 9 Idyllwild Avenue approximately 500 feet south of San Bernardino Avenue within the Single Family 10 Residential (R-1C) zone ("Site"); and
11 WHEREAS, the Project will result in the creation of two (2) 19,500 square foot lots 12 approximately 65 feet wide by 300 feet deep to facilitate sale and/or future development of single 13 family dwellings; and
14 WHEREAS, the Project within the Single Family Residential (R-1C) zone requires the 15 approval of a tentative parcel map, and the Applicant has agreed to apply for a TPM No. 2020-0007 16 ("TPM No. 20275"), in accordance with Government Code Sections 66473.5 and 66474; and 17 WHEREAS, the Project does not meet the minimum lot width and area of the Single 18 Family Residential (R-1C) zone and requires approval of a variance, so pursuant to Section 19 18.64.030 of the Rialto Municipal Code, Variance 2020-0002 is being considered in conjunction 20 with the proposed tentative parcel map application; and 21 WHEREAS, pursuant to the provisions of the California Environmental Quality Act, 22 Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines, 23 California Code of Regulations, Title 14, Section 15000 et. seq., and Government Code Section 24 65962.5(f) (Hazardous Waste and Substances Statement), the City prepared an Initial Study and 25 Negative Declaration (Environmental Assessment Review ("EAR") No. 2020-0031) and 26 determined that there is no substantial evidence that supports a fair argument that the approval of 27 28
-1-
1 the Project would result in a significant adverse effect on the environment, thus, a Negative 2 Declaration was prepared and notice thereof was given in the manner required by law; and 3 WHEREAS, the City mailed notices, in accordance with California Assembly Bill 52, to 4 six (6) Native American tribes informing them of the project and allowing them to request 5 consultation on the project. The thirty (30) day period between January 7, 2021 and February 5, 6 2021; and
7 WHEREAS, a Notice of Intent to adopt the Negative Declaration for the Project was 8 published in the San Bernardino Sun newspaper, and mailed to all property owners within 1,000 9 feet of the Project Site, and a twenty (20) day public comment period was held from January 20, 10 2021 to February 8, 2021; and
11 WHEREAS, the City mailed public hearing notices for the proposed Project to all property 12 owners within 1,000 feet of the Project site, and published the public hearing notice in the San 13 Bernardino Sun newspaper as required by State law; and 14 WHEREAS, on February 24, 2021, the Planning Commission of the City of Rialto 15 conducted a duly-noticed public hearing, as required by law, on the project and closed the public 16 hearing; and
17 WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. 18 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rialto 19 as follows:
20 SECTION 1: The Planning Commission hereby finds all of the facts set forth in the 21 recitals above of this Resolution are true and correct and incorporated herein. 22 SECTION 2: The Initial Study and Negative Declaration (EAR No. 2020-0031) concluded 23 that the Project will have no impacts on the environment. 24 SECTION 3: The Planning Commission has independently reviewed and considered the 25 Initial Study and Negative Declaration, public comments, the staff report and oral report at the 26 public hearing and other evidence and finds that the Negative Declaration was prepared in the 27 manner required by law, and there is no substantial evidence in the record supporting a fair 28 argument that the Project would result in a significant adverse effect upon the environment. -2-
1 SECTION 4: For the foregoing reasons and based on the information and findings included 2 in the Initial Study and Negative Declaration, staff report, public testimony, and all other 3 documents and evidence in the administrative record of proceedings, the Planning Commission 4 has determined that, based on the foregoing substantial evidence in the administrative record of 5 proceedings, the Project will not have a significant or adverse impact on the environment, and also 6 finds that the preparation of the Negative Declaration attached hereto complies with CEQA. 7 Therefore, the Planning Commission hereby adopts the Negative Declaration. 8 SECTION 6: The Chairman of the Planning Commission shall sign the passage and 9 adoption of this resolution and thereupon the same shall take effect and be in force. 10 PASSED, APPROVED, AND ADOPTED this 24th day of _Febraury 2021. 11 12
13 JOHN PEUKERT, CHAIR

CITY OF RIALTO PLANNING COMMISSION
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 1 STATE OF CALIFORNIA )
2 COUNTY OF SAN BERNARDINO ) sS
3 CITY OF RIALTO )
4 5 1, Adrianna Martinez, Administrative Assistant of the City of Rialto, do hereby certify that 6 the foregoing Resolution No. 2021-14 was duly passed and adopted at a regular meeting of the 7 Planning Commission of the City of Rialto held on the 24 day of February 2021. 8 Upon motion of Vice Chair Frank Gonzalez, second by Commissioner Dale Estvander the 9 foregoing Resolution No. 2021-14 was duly passed and adopted. 10 11 Vote on the motion:
12 AYES: 7
13 NOES: 0
14 ABSENT:
15 IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of 16 Rialto this 24"h day of February 2021.
17 18
20 Adrianna Martinez, Administrative Assistant
21 22
23 24
25 26
27 28
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1 RESOLUTION NO. 2021-15
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF RIALTO, CALIFORNIA, APPROVING VARIANCE
4 NO. 2020-0002 TO ALLOW A FIVE (5) FOOT REDUCTION IN
THE 70 FOOT MINIMUM LOT WIDTH OF THE R-1C ZONE
5 FOR THE SUBDIVISION OF ONE (1) 0.89-ACRE PARCEL OF
6 LAND INTO TWO (2) 65-FOOT-WIDE SINGLE-FAMILY

PARCELS LOCATED ON THE EAST SIDE OF IDYLLWILD
7 AVENUE APPROXIMATELY 500 FEET SOUTH OF SAN
BERNARDINO AVENUE.
8 9 WHEREAS, the applicant, Abdel Awad, proposes to subdivide one 0.89-acre parcel of land (APN: 0253-132-01) into two 19,500 square foot parcels (Project") located on the east side 10 11 of Idyllwild Avenue approximately 500 feet south of San Bernardino Avenue within the Single 12 Family Residential (R-1B) zone ("Project"); and
13 WHEREAS, the Project will result in the creation of two (2) 19,500 square foot lots 14 approximately 65 feet wide by 300 feet deep to facilitate sale and/or future development of 15 single-family dwellings; and
WHEREAS, pursuant to Section 18.14.030B (R-1C Single Family Zone) of the Rialto 16 17 Municipal Code, the minimum lot width is 70 feet within the R-1C zone; and 18 WHEREAS, the proposed lot width of 65 feet does not comply with Section 18.14.030B 19 (R-1C Single Family Zone) of the Rialto Municipal Code, thus requiring a reduction in the 20 minimum lot width within the R-1C zone in order to facilitate the Project; and 21 WHEREAS, pursuant to Section 18.64.030 of the Rialto Municipal Code, the Project 22 requires the approval of a Variance, and Variance No. 2020-0002 ("VAR No. 2020-0002") is 23 being considered concurrently with this Project; and 24 WHEREAS, on February 24, 2020, the Planning Commission of the City of Rialto 25 conducted a duly noticed public hearing, as required by lew, on the Project, including EAR No. 26 2020-0031, VAR No. 2020-0002, and TPM No. 2020-0007, took testimony, at which time it 27 received input from staff, the city attorney, and the applicant; heard public testimony; discussed 28 -1-
the Project, including EAR No. 2020-0031, VAR No. 2020-0002, and TPM No. 2020-0007; and 2 closed the public hearing; and
3 WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. 4 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of 5 Rialto as follows:
6 SECTION 1. The Planning Commission hereby specifically finds that all of the facts set forth in the recitals above of this Resolution are true and correct and incorporated herein. 8 SECTION 2. Based on substantial evidence presented to the Planning Commission during the public hearing conducted with regard to VAR No. 2020-0002, including written staff reports, 10 verbal testimony, site plan, other documents, and the conditions of approval stated herein, the 11 Planning Commission hereby determines that VAR No. 2020-0002 satisfies the requirements of the 12 Section 18.64.020 of the Rialto Municipal Code pertaining to the findings which must be made 13 precedent to granting a variance. The findings are as follows:
14 There are exceptional circumstances or conditions applicable to the property 15 involved, or to the intended use of the property, that do not apply generally to the property or class of use in the same vicinity or district. 16 This finding is supported by the following facts:
17 18 The project site is located within an urbanized area and is surrounded by adjacent existing development. The site is a vacant infill parcel and acquiring additional land to meet the 19 20
21 The project is consistent with the surrounding residential properties in the neighborhood and would promote future development of the intended use per the General Plan. 22 2. This variance is necessary for the preservation and enjoyment of a substantial 23 property right of the applicant as possessed by other property owners in the same 24 25 This finding is supported by the following facts:
26 The site is a vacant infill parcel and acquiring additional land to meet the strict 27 requirement of a 70-foot minimum lot width is impractical. The granting of a minor variance would allow the subdivision of land and promote future development in a 28 manner more consistent with the surrounding neighborhood. Thus, the variance is -2-
1 necessary to allow the property owner to share the same property rights enjoyed by most residential properties in the same vicinity.
2 3 3. The granting of this variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and district in which 4 the property is located.
5 This finding is supported by the following facts:
6 The proposed 5-foot reduction in lot width would allow the creation of two parcels for the 7 highest and best use of the property. The proposed 7% reduction in lot width would not 8 result in a greater density than allowable for the land use designation and therefore, would not have a negatively effect on the surrounding area. The project will benefit the 9 community by parceling the ownership and land value making the future development and sale of the property more feasible. Additionally, this project will be required to install 10 missing street improvements along Idyllwild Avenue that improve circulation and 11 aesthetically enhance the surrounding area to facilitate future single-family development on the two resulting parcels.
12 4. The proposed use and development are consistent with the General Plan and 13 objectives of the zoning ordinance.
14 This finding is supported by the following facts:
15 The proposed subdivision will create two parcels for the future development of single- 16 family residences. The proposed density for the project is 2.2 dwelling units per acre, which 17 15 below the allowable density of 6 dwelling units per acre as designate by the General Plan.

The Site is zoned R-IC. Development of single-family residences is permitted within the R- 18 1C zone. Although a variance is required for nominal 7% reduction in lot width, the lot 19 depths and areas are consistent with the zoning and the lots substantially conform with requirements of the R-1C zone. Granting the variance will facilitate the future development 20 of single-family residences that is in keeping with General Plan Land Use Element Goal 6-2, which requires the City to "Promote and encourage housing development that adequately 21 meets the needs of all socioeconomic segments of the community and region". 22 SECTION 3. Based on the findings within the Initial Study, staff determined that the 23 prujeci will not have an adverse impact on the environment and a Negative Declaration was 24 prepared. A Notice of Intent to adopt the Negative Declaration for the project was published in the 25 local newspaper and mailed to all property owners within 1,000 feet of the project site for a public 26 comment period held from January 20, 2021 to February 8, 2021. The Negative Declaration was 27 prepared in accordance with the California Environmental Quality Act (CEQA). The Planning 28 -3-
1 Commission directs the Planning Division to file the necessary documentation with the Clerk of the 2 Board of Supervisors for San Bernardino County.
3 SECTION 4.

The Planning Commission hereby approves VAR No. 2020-0002 in 4 accordance with the plans and application on file with the Planning Division, subject to the 5 following conditions:
6 1. The project shall be consistent with the plans submitted to the Planning Division on 7 October 29, 2020, and as approved by the Planning Commission, showing a five (5) foot reduction from seventy (70) minimum lot width requirement of the R-1C zone in 8 conjunction with the subdivision of one (1) 0.89-acre parcel of land into two (2) 65- foot-wide single family lots located on the east side of Idyllwild Avenue approximately 500 feet south of San Bernardino Avenue
10 2. The applicant shall defend, indemnify and hold harmless the City of Rialto, its agents, officers, or employees from any claims, damages, action, or proceeding against the 12 City or its agents, officers, or employees to attack, set aside, void, or annul any approval of the City, its advisory agencies, appeal boards, or legislative body 13 concerning VAR No. 2020-0002. The City will promptly notify the applicant of any such claim, action, or proceeding against the City, and applicant will cooperate fully 14 in the defense.
15 SECTION 5. The Chairman of the Planning Commission shall sign the passage and 16 17 adoption of this resolution and thereupon the same shall take effect and be in force. 18 PASSED, APPROVED AND ADOPTED this 24th day of_February, 2021. 19 20
21 JOHN PEUKERT, CHAIR
22 CITY OF RIALTO PLANNING COMMISSION
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1 STATE OF CALIFORNIA )
2 COUNTY OF SAN BERNARDINO ) sS
3 CITY OF RIALTO )
4 5 I, Adrianna Martinez, Administrative Assistant of the City of Rialto, do hereby certify that 6 the foregoing Resolution No. 2021-15 was duly passed and adopted at a regular meeting of the Planning Commission of the City of Rialto held on the 24"h day of February 2021. 8 Upon motion of Vice Chair Frank Gonzalez, second by Commissioner Dale Estvander the 9 | foregoing Resolution No. 2021-15 was duly passed and adopted. 10 11 Vote on the motion:
12 AYES: 7
13 NOES: 0
14 ABSENT:
15 IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto this 24ª day of February 2021.
17 18
19 20 Adrianna Martinez, Administrative Assistant
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1 RESOLUTION NO. 2021-16
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF RIALTO, CALIFORNIA APPROVING TENTATIVE
3 PARCEL MAP 2020-007 TO ALLOW THE SUBDIVISION OF
ONE (1) 0.89-ACRE PARCEL OF LAND INTO TWO (2) SINGLE
4 FAMILY LOTS LOCATED ON THE EAST SIDE OF
IDYLLWILD AVENUE (APN 0253-132-01) WITHIN THE
5 SINGLE FAMILY RESIDENTIAL (R-1C) ZONE.
6 WHEREAS, the applicant, Abdel Awad, proposes to subdivide one 0.89-acre parcel of 7 land (APN: 0253-132-01) into two (2) 19,500 square foot single family lots ("Project") located 8 on the east side of Idyllwild Avenue approximately 500 feet south of San Bernardino Avenue 9 within the Single Family Residential (R-1C) zone ("Site"); and 10 WHEREAS, the Project will result in the creation of two (2) 19,500 square foot lots 11 approximately 65 feet wide by 300 feet deep to facilitate sale and/or future development of new single-family dwellings; and
12 WHEREAS, the Project within the Single Family Residential (R-1C) zone requires the 13 approval of a tentative parcel map, and the Applicant has agreed to apply for a TPM No. 2020- 14 0007 ("TPM No. 20275"), in accordance with Government Code Sections 66473.5 and 66474; 15 and
16 WHEREAS, the Project does not meet the minimum lot width and area of the Single 17 Family Residential (R-1C) zone. Variance No. 2020-0002 is being considered in conjunction 18 with Tentative Parcel Map 2020-0007 pursuant to Section 18.64 of the Rialto Municipal Code; 19 and
20 WHEREAS, on February 24, 2021, the Planning Commission of the City of Rialto 21 conducted a duly noticed public hearing, as required by law, on Initial Study and Negative 22 Declaration (EAR No. 2020-0031), TPM No. 20275, and VAR No. 2020-0002, took testimony, 23 at which time it received input from staff, the city attorney, and the applicant; heard public testimony; discussed the proposed TPM No. 20275; and closed the public hearing; and 24 WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. -1-
1 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of 2 Rialto as follows:
3 SECTION 1. The Planning Commission hereby specifically finds that all of the facts set 4 forth in the recitals above of this Resolution are true and correct and incorporated herein. 5 SECTION 2. Based on substantial evidence presented to the Planning Commission during 6 the public hearing conducted with regard to TPM No. 20275, including written staff reports, verbal 7 testimony, site plan, other documents, and the conditions of approval stated herein, the Planning 8 Commission hereby determines that TPM No. 20275satisfies the requirements of Government 9 Code Sections 66473.5 and 66474 pertaining to the findings which must be made precedent to 10 approving a tentative map. The findings are as follows:
11 That the proposed Tentative Parcel Map is consistent with the General Plan of the City of Rialto and the R-1C (Single Family Residential) zone; and 12 This finding is supported by the following facts:
13 The proposed subdivision is intended to divide the existing parcel of land for future 14 development of a single-family residences. The proposed density for the Project is 2.2 dwelling units per acre, which is below the maximum density of 6 dwelling units per acre as 15 designate by the General Plan. The existing Site is approximately 130 feet in width by 300 feet in depth. The Site can be subdivided into 2 parcels that greatly exceed the lot depth and 16 lot area of most surrounding properties in the same zoning designation. 17 That the design and improvement of the proposed Tentative Parcel Map is consistent with the Subdivision Ordinance, the General Plan of the City of Rialto and the R-1C 18 (Single Family Residential) zone.
19 This finding is supported by the following facts:
20 The Engineering Division reviewed the Tentative Parcel Map. Although no construction activities are proposed as part of this Project, the Tentative Parcel Map does indicate building setback lines to indicate the locational limits of any future building footprints.

Future proposals to develop a new single-family dwelling will be reviewed under a 22 ninimum usable yards, and allowable lot coverage for the R-IC (Single Famil 23 Residential) zone. The proposed lots meet the minimum lot depth and minimum lot area as required by the R-1C (Single Family Residential) zone. However, the proposed lots do 24 not meet the minimum lot width standard and must be granted a minor variance prior to the approval of the Tentative Parcel Map.
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1 The site for the proposed use is adequate in size, shape, topography, accessibility and other physical characteristics to accommodate the proposed use in a manner 2 compatible with existing land uses; and
3 This finding is supported by the following facts:
4 The Site contains 0.89 acres, is rectangular in shape, fairly level, and is bound by Idyilwild Avenue on the west and the subdivider will be required to provide street improvements 5 such as curb, gutter, sidewalk, street lighting, and driveway approaches for the residential uses taking access onto Idyllwild Avenue to promote traffic safety. 6 That the site is physically suitable for the proposed density of development. 7 This finding is supported by the following facts:
8 The proposed subdivision is intended to divide the existing parcel of land for future 9 development of a single-family residences. The proposed density for the Project is 2.2 dwelling units per acre, which is below the maximum density of 6 dwelling units per acre as 10 designate by the General Plan. The proposed use is compatible with the zone and surrounding uses. Therefore, the site is physically suitable to accommodate the proposed 11 density.
12 5. That the design of the land division is not likely to cause substantial environmental damage or substantially injure fish or wildlife or their habitat. 13 This finding is supported by the following facts:
14 The site is vacant and does not support any wildlife and is not anticipated to create any 15 environmental damage.
16 That the design of the land division is not likely to cause serious public health problems.
17 This finding is supported by the following facts:
18 The Project will facilitate future single-family development on two parcels and is not 19 intended to cause any public health problems.
20 That the design of the land division or proposed improvements will not conflict with easements, acquired by the public at large, for access through or use of, property 21 within the proposed land division.
22 This finding is supported by the following facts:
23 The Project does not include any public use or public access through property and therefore will not conflict with easements for public access. 24 -3.
1 SECTION 3. TPM No. 20275 is hereby approved to allow the subdivision of one (1) parcel 2 |(APN 0253-132-01) into two (2) parcels located on the east side of Idyllwild Avenue 3 approximately 500 feet south of San Bernardino Avenue within the Single Family Residential (R- (1C) zone.
4 SECTION 4. Based on the findings within the Initial Study, staff determined that the 5 project will not have an adverse impact on the environment and a Negative Declaration was 6 prepared and circulated for public review in accordance with the California Environmental Quality 7 Act. The Planning Commission has considered the findings of the Negative Declaration and 8 deemed it adequate prior to taking action on the Project. 9 SECTION 5. TPM No. 20275 is approved, in accordance with the plans and application on 10 file with the Planning Division, subject to the following conditions:
11 TPM No. 20275 is approved, allowing the subdivision of one 0.89-acre parcel of land 12 into two (2) 19,500 square foot parcels of land located on the east side of Idyllwild Avenue as shown on the tentative map submitted to the Planning Division on October 13 29, 2021, and as approved by the Planning Commission. 14 2. The applicant shall indemnify, protect, defend, and hold harmless, the City of Rialto, and/or any of its officials, officers, employees, agents, departments, agencies, and 15 instrumentalities thereof (collectively, the "City Parties"), from any and all claims, demands, law suits, writs of mandamus, and other actions and proceedings (whether 16 legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, 17 and other such procedures), (collectively "Actions"), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and 18 instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the any action of, or any permit or approval issued by, the City and/or any of 19 its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the 20 Project (collectively, the "Entitlements"), whether such Actions are brought under the California Environmental Quality Act, the Planning and Zoning Law, the Subdivision 21 Map Act, Code of Civil Procedure Chapter 1085 or 1094.5, the California Public Records Act, or any other state, federal, or local statute, law, ordinance, rule, 22 regulation, or any decision of a court of competent jurisdiction. This condition to indemnify, protect, defend, and hold the City harmless shall include, but not limited 23 to (i) damages, fees and/or costs awarded against the City, if any, and (i) cost of suit, attorneys' fees and other costs, liabilities and expenses incurred in connection with 24 such proceeding whether incurred by applicant, Property owner, or the City and/or other parties initiating or bringing such proceeding (collectively, subparts (i) and (ii) are the "Damages"). Notwithstanding anything to the contrary contained herein, the 1 Applicant shall not be liable to the City Parties under this indemnity to the extent the Damages incurred by any of the City Parties in such Action(s) are a result of the City 2 Parties' fraud, intentional misconduct or gross negligence in connection with issuing the Entitlements. The applicant/operator shall be subject to the terms of the existing 3 lease with the City of Rialto. The applicant shall execute an agreement to indemnify, protect, defend, and hold the City harmless as stated herein within five (5) days of 4 approval.
5 3. In accordance with the provisions of Government Code Section 66020(d)(1), the umposition of fees, dedications, reservations, or exactions for this Project, if any, are 6 subject to protest by the applicant at the time of approval or conditional approval of the Project or within 90 days after the date of the imposition of the fees, dedications, 7 reservations, or exactions imposed on the Project.
8 4. The approval of TPM No. 20275 shall not be valid or effective unless Variance 2020- 0002 for a reduction to the lot widths is approved by the Planning Commission. 9 5. All conditions of approval for TPM No. 20275 shall be completed to the satisfaction of 10 the Community Development Director and City Engineer prior to map recordation. 11 6. In accordance with Government Code 66462, all required public improvements shall be completed prior to the approval of a final map (Parcel Map). Prior to recordation 12 of the final map, the developer shall prepare all plans, obtain approval of all plans and construct all street and public improvements along the project frontage. Alternatively, 13 the applicant may enter into a Subdivision Improvement Agreement to secure the cost of all required public improvements at the time of requesting the City Engineer's 14 approval of the Final Parcel Map. If a Subdivision Improvement Agreement is requested by the applicant, a fee of $2,000 shall be paid for preparation and 15 processing of the Subdivision Improvement Agreement. The applicant will be required to secure the Subdivision Improvement Agreement pursuant to Government 16 Code 66499 in amounts determined by the City Engineer. 17 7. All street improvement plans and any required public utility plans shall be prepared by a California licensed Civil Engineer and submitted to the Public Works Department for 18 review and approval prior to construction, and shall include, but not limited to, the following:
19 a. All concrete curb, gutter, and sidewalk and other improvements shall be provided 20 along the entire frontage and shall be constructed in accordance with City of Rialto Standard Drawings and the General Plan;
b. An Americans with Disabilities Act (ADA) compliant sidewalk improvement shall be provided behind the curb along the entire frontage in accordance with the General 22 c. The developer shall construct a new underground electrical system for public street 23 lighting improvements. New marbelite street light poles with LED light fixtures shall be installed in accordance with City of Rialto Standard Drawings and as 24 approved by the City Engineer. Provide 2" conduit and pull boxes along the opposite side of the street for continuation of the streetlight system for future built out; -5-
1 d. All required traffic striping and signage improvements shall be completed concurrently with required street improvements, to the satisfaction of the City 2 Engineer, and,
e. Upon completion, all related "as-built" plans shall be prepared by the Engineer of 3 Record and certified to the satisfaction of the City Engineer. 4 8. Prior to any construction, a single master Off-site Construction Permit is required for any street, wet utility, landscape and imgation improvements within the public right-of- 5 way. In an effort to expedite and facilitate improvements in the public right-of-way, the applicant is responsible for submitting a multi-phase master plan traffic control plan 6 which includes all phases of construction in the public right-of-way i.e. sewer, water, overhead, underground, etc. prior to the issuance of Off-site Construction Permit. Note, 7 in an effort to simplify the permitting process, a single master Off-Site Construction Permit shall replace individual Encroachment Permits to be pulled by the subdivider's 8 contactor.

9. Prior to recordation of the final map, the subdivider shall confirm with Public Works whether or not the annexation process of the underlying property into City of Rialto 10 Landscape and Lighting Maintenance District and payment of applicable fees for maintenance by the City of Rialto post construction will be required.

10. Prior to any issuance of permits, the developer is responsible for requesting from the 12 Public Works Department any addresses needed for any building(s) and/or any electrical single/dual irrigation meter pedestal(s). The main building address shall be included on 13 Precise Grading Plans and Building Plan set along with the PPD number. The electrical meter pedestal addresses (single or dual) shall be included in the public improvement 14 plans.
15 11. If required, the developer shall dedicate additional right-of-way along the entire frontage to provide a property line at ultimate right-of-way in accordance with the City General 16 Plan and current City Engineering Standards.

12. Prior to commencing with any construction, the required erosion and dust control measures shall be in place. In addition, the following shall be included if not already 18 identified:
19 a. Six (6) foot high tan colored perimeter screened fencing; b. Contractor information signage including contact information along the project's 20 street frontage; and,
c. Post dust control signage with the following verbiage: "Project Name, WDID 21 No. (if required), IF YOU SEE DUST COMING FROM THIS PROJECT CALL: NAME (XXX) XXX-XXX, If you do not receive a response, please call 22 the AQMD at 1-800-CUT-SMOG/1-800-288-7664"
23 13. A Final Parcel Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and 24 approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of 1 record documents shall be submitted with the Parcel Map to the Engineering Division as part of the review of the Map.
2 14. Approval of TPM No. 20275 shall be granted for a period of twenty-four (24) months 3 from the effective date of this resolution. An extension of time for TPM No. 20275 may be granted by the Planning Commission for a period or periods not to exceed a 4 total of thirty-six (36) months. An application for extension together with the required fee shall be filed with the Planning Division prior to the expiration date of 5 TPM No. 20275.
6 SECTION 6. The Chair of the Planning Commission shall sign the passage and adoption of this resolution and thereupon the same shall take effect and be in force. 8 PASSED, APPROVED AND ADOPTED this 24% day of February, 2021. 10 Jal Pant
11 JOHN PEUKERT, CHAIR
12 CITY OF RÍALTO PLANNING COMMISSION
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19 20

21. 22
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1 STATE OF CALIFORNIA )
2 COUNTY OF SAN BERNARDINO ) SS
3 CITY OF RIALTO )
4 5 I, Adrianna Martinez, Administrative Assistant of the City of Rialto, do hereby certify that 6 the foregoing Resolution No. 2021-16 was duly passed and adopted at a regular meeting of the 7 Planning Commission of the City of Rialto held on the 244 day of February 2021. 8 Upon motion of Vice Chair Frank Gonzalez, second by Commissioner Dale Estvander the 9 foregoing Resolution No. 2021-16 was duly passed and adopted. 10 11 Vote on the motion:
12 AYES: 7
13 NOES: 0
14 ABSENT:
15 IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of 16 Rialto this 24%h day of February 2021.
18 19
Adrianna Martinez, Administrative Assistant
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EXHIBIT "C"
TRACT NO.
(Subdivision/Unit No.)
abdel awad owner and developer
(Subdivider)

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

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

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

3. Subdivider has not caused or permitted the release of, and has no knowledge of the release or presence of, any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated.

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

Exhibit "C"
right and authority to execute this warranty on behalf of the Subdivider and that the signators hereto have sufficient knowledge or expertise, either personally, through reasonable inspection and investigation of the property, or through reasonable reliance upon the investigation and professional opinion of Subdivider's environmental experts, to make the representations herein, and that no consent of any other party is required to execute this warranty and make the representations herein on behalf of the Subdivider to the City of Rialto.

Each of the undersigned persons declares under penalty of perjury that the foregoing is true and correct.

Dated: 11/22/2022
SUBDIVIDER*
or Abodel fees ourer and declote
*Proof of authorization for Subdivider's signatures is required to be submitted concurrently with this environmental warranty.

Exhibit "C"