Revised 2/16/2022
PUBLIC
IMPROVEMENT AGREEMENT
[Non
-
subdivision development]
by and between
CITY OF RIALTO
and
CRP/Lovett Rialto Industrial Owner, L.L.C.
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PUBLIC
IMPROVEMENT AGREEMENT BETWEEN
THE CITY OF
RIALTO
AND
CRP/Lovett Rialto Industrial Owner, L.L.C.
Agreement Date:
August 22
nd
2023
Developer
Name:
CRP/Lovett Rialto Industrial Owner, L.L.C.
(hereinafter “
Develop
er”)
Project
Name:
1910 W.
Renaissance Parkway
(hereinafter “
Project
”)
Estimated Total Cost of
Improvements:
$
237,671.77
(Including
)
Security:
Bond Nos.:
1908
9500
Surety:
Liberty Mutual Insurance Company
-
OR
-
Irrevocable Standby Letter of
Credit No.:
N/A
Financial Institution:
N/A
-
OR
-
Cash/Certificate of Deposit, Agreement Dated:
N/A
Financial Institution:
N/A
II
Designees for the Service of Written Notice
:
CITY:
DEVELOPER
:
City Engineer
City of Rialto
150 S. Palm Avenue
Rialto, CA 92376
Phone: (909) 820
-
2602
Name:
CRP/Lovett Rialto Industrial
Owner, L
.
L
.
C
.
Address
:
120 Newport Center Dr. Suite 217
Newport Beach, CA 92660
Phone:
949
-
402
-
2760
CITY PROJECT INSPECTOR:
SURETY:
City of Rialto
Public Works Department
335 W. Rialto Avenue
Rialto, CA 92376
Phone: (909) 421
-
7294
Name:
Liberty Mutual Insurance Company
Address:
175 Berkeley Street
Boston, MA 02116
Phone:
213
-
689
-
0500
III
1. Construction Obligations .................................................................................................1
1.1 Works of Improvement .........................................................................................1
1.2 Acquisition and Dedication of Easements and Rights-of-Way ..............................2
1.3 Other Obligations Referenced in Conditions of Entitlement Approval ..................2
1.4 Intent of Plans ......................................................................................................2
1.5 RESERVED .........................................................................................................3
1.6 Performance of Work ...........................................................................................3
1.7 Changes in the Work ............................................................................................3
1.8 Defective Work .....................................................................................................3
1.9 No Warranty by City .............................................................................................3
1.10 Authority of the City Engineer ...............................................................................3
1.11 Documents Available at the Site ..........................................................................3
1.12 Inspection .............................................................................................................3
1.13 Compliance with Law; Applicable Standards for Improvements ...........................4
1.14 Suspension of Work .............................................................................................4
1.15 Erosion and Dust Control and Environmental Mitigation ......................................4
1.16 Final Acceptance of Works of Improvement .........................................................4
1.17 Vesting of Ownership ...........................................................................................5
1.18 Developer’s Obligation to Warn Public during Construction .................................5
1.19 Injury to Public Improvements, Public Property or Public Utility ...........................5
2. Time for Performance .....................................................................................................6
2.1 Commencement and Completion Dates ..............................................................6
2.2 Phasing Requirements .........................................................................................6
2.3 Force Majeure ......................................................................................................6
2.4 Continuous Work ..................................................................................................7
3. Labor ...............................................................................................................................7
3.1 Labor Standards ...................................................................................................7
3.2 Nondiscrimination .................................................................................................7
3.3 Licensed Contractors ...........................................................................................7
3.4 Worker’s Compensation .......................................................................................7
4. Security ...........................................................................................................................7
4.1 Required Security .................................................................................................7
4.2 Form of Security Instruments ...............................................................................8
4.3 Developer’s Liability .............................................................................................9
4.4 Letters of Credit .................................................................................................. 10
4.5 Release of Security Instruments ........................................................................ 10
5. Cost of Construction and Provision of Inspection Service ............................................. 11
5.1 Developer Responsible for All Costs of Construction ......................................... 11
5.2 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
IV
8.1 Default by Developer .......................................................................................... 11
8.2 Remedies ........................................................................................................... 12
8.3 Notice of Violation .............................................................................................. 12
8.4 Remedies Not Exclusive .................................................................................... 12
8.5 Attorney’s Fees and Costs ................................................................................. 13
8.6 Waiver ................................................................................................................ 13
9. Indemnity/Hold Harmless .............................................................................................. 13
10. Developer’s Indemnity of Project Approval ................................................................... 14
11. Insurance Requirements ............................................................................................... 14
12. Environmental Warranty ............................................................................................... 18
13. General Provisions ........................................................................................................ 19
13.1 Successors and Assigns .................................................................................... 19
13.2 No Third Party Beneficiaries ............................................................................... 19
13.3 No Vesting Rights .............................................................................................. 19
13.4 Developer is Not Agent of City ........................................................................... 19
13.5 Time of the Essence .......................................................................................... 19
13.6 Notices ............................................................................................................... 20
13.7 No Apportionment .............................................................................................. 20
13.8 Severability ......................................................................................................... 20
13.9 Captions ............................................................................................................. 20
13.10 Incorporation of Recitals..................................................................................... 20
13.11 Interpretation ...................................................................................................... 20
13.12 Entire Agreement; Waivers and Amendments ................................................... 20
13.13 Counterparts ...................................................................................................... 20
14. Authority ........................................................................................................................ 20
PUBLIC IMPROVEMENT AGREEMENT
THIS PUBLIC IMPROVEMENT AGREEMENT (this “Agreement”) is entered into this ___________ day of _________________, 20___, 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 CRP/Lovett Rialto Industrial Owner, a Limited Liability Company (Developer”).
RECITALS
A. Developer has presented to City for approval of Precise Plan of Design (PPD) 2021-0063 (the “Entitlements”) in connection with a development of a 116,060 square foot industrial warehouse building located at 1910 West Renaissance Parkway (the “Project”), located in the City of Rialto, County of San Bernardino, State of California (the “Property”), as described on Exhibit “A”, attached hereto and incorporated herein by reference.
B. The Entitlements have been approved, subject to the requirements and conditions for the development of the Property (the “Conditions”) as described in Exhibit “B” , attached hereto and incorporated herein by reference.
C. In consideration of the approval of the Entitlements by the Planning Commission, Developer desires to enter into this Agreement, whereby Developer promises to install and complete, at Developer’s own expense, all the public improvement work required by City in connection with the proposed Project. Developer has secured this Agreement by improvement security required by the City and approved by the City Engineer and the City Attorney.
D. Developer 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.
E
. Developer’s agreement to construct and install the Works of Improvement pursuant to this Agreement is a material consideration to City in approving the Project 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, Developer agrees to timely perform all of its obligations as set forth herein.
1. Construction Obligations.
1.1 Works of Improvement. Developer 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 supplemented and revised from time to time as set forth in this Agreement (said plans and specifications, together with all related
Page
2 of
21 documents, the
“
Plans
”
).
The estimated construction cost for the Works of Improvement is $
237,671.77
.
1.2 Acquisition and Dedication of Easements and Rights
-
of
-
Way
.
If any of the Works
of Improvement
contemplated by this Agreement is to be constructed or installed on land not owned by City or Developer, no construction or installation shall be commenced before:
(a)
The acquisition, or payment of the cost of acquisition by City, and dedication of all rights
-
of
-
way, easements and other interests in real property for construction and installation of the Works of Improvement, free and clear of all liens and encumbrances; or
(b)
The offer of dedication to City of appropriate rights
-
of
-
way, easements or
other interes
ts in real property, and appropriate authorization from the property owner to allow construction or installation of the Works of Improvement; or
(c)
The dedication to, and acceptance by, City of appropriate rights -
of
-
way,
easements or other interests in real p
roperty, as determined by the City Engineer,
or
(d)
The issuance by a court of competent jurisdiction pursuant to State Eminent Domain Law of an order of possession. Developer shall comply in all respects with the order of possession.
1.3 Other Obligations Ref
erenced in Conditions of
Entitlement
Approval
. In addition
to the foregoing,
Developer
shall satisfy all of the Conditions o
f
the
Entitlement
s
for the
Property. The Conditions associated with the
Entitlement
s
are included as
Exhibit
“
B
”
attached hereto.
1.4 Intent of Plans
.
The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which
Developer
shall perform or cause to be performed
in a manner acceptable to the City Engineer, (or designee), and in full compliance wit h all
codes and the terms of this Agreement.
Developer
shall complete a functional or operable
improvement or facility, even though the Plans may not specifically call out all items of work required for
Developer
’
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,
Developer
or its contractor shall immediately
notify its desig
n 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 there
on shall be final.
Developer
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 supp lemented 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
Developer
or its
Page
3 of
21 contractor to any plan, specification, or working or shop drawing af ter it has been stamped
as approved.
1.5 RESERVED.
1.6 Performance of Work
.
Developer
shall furnish or cause to be furnished all
materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform
Developer
’
s obligations under thi
s Agreement.
1.7 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 Enginee r shall notify
Developer
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
Developer
or its contractor shall be binding on City unless ap
proved in writing by the
City Engineer. The City and
Developer
may mutually agree upon changes to the Works
of Improvement
,
subject to the security requirements in Section 4.
1.8 Defective Work
.
Developer
shall cause its contractor to repair, reconstruct,
re
place, or otherwise make acceptable any work found by the City Engineer to be defective.
1.9 No Warranty by City
. The Plans for the Works of Improvement have been prepared by or on behalf of
Developer
or its consultants or contractors, and City makes no
repre
sentation or warranty, express or implied, to
Developer
or to any other person
regarding the adequacy of the Plans or related documents.
1.10 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 Agre
ement by
Developer
and
its
contractor.
1.11 Documents Available at the Site
.
Developer
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.
1.12 Inspection
.
Developer
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 Developer
, or
its design engineer, and
Developer
’
s contractor(s) regarding the Works of Improvement.
Developer
shall ca
use 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 re
quests it, the
Developer
’
s
contractor
,
at any time before acceptance of the
Works of Improvement
,
shall remove or uncover such portions of the finished work as
Page
4 of
21 may be directed which have not previously been inspected.
After examination, the
Developer
’
s
co
ntractor 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 inspector
s
shal
l 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
Developer
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.
1.13 Compliance w
ith Law
; Applicable Standards for Improvements
.
In addition to the
express provis
ions of this Agreement and the Plans,
Developer
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 th
e foregoing, the
Developer
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
Developer
shall also give all necessary notices and pay all fees and taxes a
s required by law.
Developer
shall construct the improvements in accordance with the City standards in effect at the time of
approval of the Entitlements
. City reserves the right to protect the
public safety or welfare or comply with applicable Federal or State law or City zoning ordinances.
1.14 Suspension of Work
.
The
City Engineer shall have authority to order suspension
of the work for failure of the
Deve
loper
’
s
contractor to comply with law pursuant to Section
1.1 2
.
In case of suspension of work for any cause what
so
ever,
Developer
and its
contractor shall be responsible for all materials and shall store them properly if necessary ,
and shall provide suita
ble
interim
drainage
and/or dust control measures,
and erect
temporary structures where necessary.
1.15 Erosion and Dust Control and Environmental Mitigation . All grading, landscaping,
and construction activities shall be performed in a manner to control erosi on 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.
1.16 Final Acceptance of Works of Improvement
. After
Developer
’
s contractor has
completed all of the Works of Improvement,
Developer
shall then request a final
inspection of the work.
If items are found by the
City
’
s
inspector
s
to be incomplete or not
in compliance with this Agreement or any of the requirements contained or referenced
Page
5 of
21 herein, City will inform the
Developer
or its
contractor of such items. After
the
Developer
’
s
contractor has completed these items, the procedure shall then be the same as specified
above for the
Developer
’
s
contractor
’
s initial request for final inspection.
If items are found
by City
’
s inspector
s
to be incomplete or not in compli
ance after two (2)
“
final
”
inspections,
the
City may require the
Developer
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 ins
pection which was found to be incomplete or
not in compliance at that time.
Developer
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 sha
ll 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.
1.17 Vesting of Ownership.
Upon recordation of the Notice of Acceptance, ownership of the Works of Improvement shall vest in the City.
1.18 De
veloper
’
s Obligation to Warn P
ublic d
uring Construction.
Until recordat
ion of
the Notice of Acceptance
,
Developer
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 re cordation of the Notice
of
Acceptance,
Developer
shall provide
forty
-
eight (
48 )
hours
’
advance written notice to
all neighboring property owners and tenants affected by Developer
’
s operations or
construction of the hours, dates and duration of any planned construction activities.
1.19 Injury to Public Improvements, Public Property or Public Utility .
Until recordation
of the Notice of Acceptance of the
Works of Improvement
,
Developer
assumes
responsi
bility for the care and maintenance of, and any damage to, the Works of
Improvements.
Developer
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
Developer
, prior to the recordation of the Notice of Acceptance.
Developer
sha
ll 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.
Page
6 of
21 2.
Time for Performance
.
2.1 Com
mencement and Completion Dates
. Subject to Section
s
2.2 and 2.3 below,
Developer
shall (i) commence with construction and installation of the Works of Improvement
thirty (30) days
following City
’
s approval of the Plans (
“
Commencement
Date
”
); and (ii) comp
lete or cause to be completed all of the Works of Improvement two
(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 Developer
has
established good cause
for an extension. As a condition of such extension, the City Engineer may require
Developer
to furnish new security guaranteeing performance of this Agreement, as extended, in an increased amount to compensate for any increase in construction costs as det
ermined by the City Engineer. If
Developer
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.
2.2 Phasing Requirements
. Notwithstanding the provisions of Sectio
n 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 faci lities.
In addition to
whatever other remedies
the
City may have for
Developer
’
s failure to satisfy such phasing
requirements, as the same now exist or may be amended from time to time, Developer
acknowledges City
’
s right to withhold the issuance of furth
er building permits on the
Property until such phasing requirements are satisfied.
Prior to issuance of building
permits,
Developer
shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits h
ave 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 Developer
by the City, if, upon a determination by the City E
ngineer, 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.
2.3 Force Majeure
. Notwithstanding the provisions of Section 2.1,
Develope
r
’
s time
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 without the fault of
Developer
, including to the extent applicable adverse
weather
conditions, flood, earthq
uakes, strike
s, 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 her eunder shall not
include any period longer than five (5) days prior to City ’
s receipt of a written notice from
Developer
or its
c
ontractor detailing the grounds for
Developer
’
s claim to a right to extend
its time for performance hereunder.
The
City Engine
er shall evaluate all claims to Force
Majeure and
the City Engineer
’
s
decision shall be final.
Page
7 of
21 2.4
Continuous Work
. After commencement of construction of the Works of
Improvement (or separate portion thereof),
Developer
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.
3. Labor
.
3.1 Labor Standards
.
This Agreement is subject to, and
Developer
agrees to comply
with, all of the applicabl
e 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 t
o 1861, which provisions are specifically incorporated herein by reference as set forth herein in their entirety.
Developer
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.
,
Developer
agrees that
Developer
, 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 conditi
on, genetic information, marital status, sex,
gender,
gender identity, gender expression, age, sexual orientation, or
military and
veteran status
.
Developer
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
.
Developer
shall cause all of the Works of Improvement to
be construc
ted by contractors and subcontractors with valid California Contractors ’
licenses for the type of work being performed.
All of
Developer
’
s contractors and
subcontractors shall obtain a valid City of Rialto business license prior to performing any work pur
suant to this Agreement.
Developer
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 constructin g
the Works of Improvements.
3.4 Worker
’
s Compensation
.
Developer
shall 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 s
hall 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 the job site.
4. Security
.
4.1 Required Security.
Page
8 of
21 (a)
At the time
Developer
executes this Agreement,
Developer
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
”
):
(i)
A Security Instrument securing
Developer
’
s faithful performance of
all of the Works of Improvement (
“
Faithful Performance Security
Instrument
”
), in the amount of $
_
2 37,671.77
equal to 100% of the estimated
construction cost referenced in Section 1.1.
(ii)
A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment (
“
Labor and Materials Secu
rity Instrument
”
) with respect to the
Works of Improvement in an amount equal to $
23 7,671.77
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 $
0.00 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 Secur
ity Instrument for Maintenance and Warranty
.
Prior to the
City Council
’
s acceptance of the Works of Improvement and recordation of a Notice of Completion,
Developer
shall deliver a Security Instrument warranting the
work accepted for a period of one (1) y
ear following said acceptance
(
“
Maintenance and Warranty Security Instrument
”
), in the amount of
$
23,76
1 .18
equal to 1
0 % 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 Inst
ruments
.
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
Page
9 of
21 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
Developer
is in default under its payment or performance
obligations hereund
er or in the event
Developer
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
.
F
or 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
Developer
’
s interest in funds on deposit in one
or more bank accounts with financial institutio
ns 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
Developer
’
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 with
out affecting the obligations
under such Security Instrument.
(iv)
If the
Developer
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
Developer
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 Developer
’
s Liability
.
Whi
le no action of
Developer
shall be required in order for
City to realize on its security under any Security Instrument, Developer
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 resp
ect thereto,
Developer
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 after written
demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4.
Page
10 of
21 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 suc
h 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 origina
l 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 re
placement 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 accou nt under the
control of the City, with no interest accruing thereon for the benefit of the Developer
.
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 provid
ed in the foregoing.
Developer
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.
4.5 Release of Security Instruments
.
The City shall release all Security Instruments as
follows:
(a)
City shall release the Faithful Performance Security Instrument and Labor and
Materials Security Instrument when all of the following have occurred:
(i)
Developer
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)
Developer
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 Sta
te of California
.
If lien claims have
been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved,
Developer
has provided a statutory
bond, or otherwise as required by applicable law.
(b)
City shall relea
se the Maintenance and Warranty Security Instrument upon Developer
’
s written request upon the expiration of the warranty period, and
settlement of any claims filed during the warranty period.
Page
11 of
21 (c)
The City may retain from any security released, an amount suffic ient to
cover costs and reasonable expenses and fees, including reasonable attorney ’
s
fees.
5. Cost of Construction and Provision of Inspection Service .
5.1 Developer
Responsible for All Costs of Construction
.
Developer
shall be
responsible for payment of all costs incurred for construction and installation of the Works of Improvement.
In the event
Developer
is entitled to reimbursement from City for any of
the Works of Improvement, such reimbursement shall be subject t o a separate
Reimbursement Agreement to be entered into between
Developer
and City prior to
construction of the
W
orks
of Improvement
.
5.2 Payment to City for Cost of Related Inspection and Engineering Services .
Developer
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.
I
n addition,
Developer
shall compensate City for all design, plan check,
evaluating any proposed or agreed
-
upon change
s in the work.
The procedures for
deposit and payment of such fees shall be as established by the City. In no event shall Developer
be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all Cit
y fees and charges have been fully paid, including
without limitation, charges for applicable penalties and additional required inspections.
6. Acceptance of Offers of Dedication
.
The City Council shall pass a
n
appropriate resolution
or resolutions accepting
all offers of dedication for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement.
7. Warranty of Work
.
Developer
shall guarantee all Works of Improvement against defective materials and work
manship for a period of one (1) year from the date of final acceptance.
If 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 ba ckfill occurs, or
should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Developer
, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the Cit
y 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
Developer
fail to remedy defective material and/or workmanship or make replacements or repairs wit
hin 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
Developer
. 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.
8. Default
.
8.1 Default by
Developer
.
Default by
Developer
shall include, but not be limited to:
(a)
Developer
’
s failure to timely commence construction of Works of
Improvement under this
Agreement;
Page
12 of
21 (b)
Developer
’
s failure to timely complete construction of the Works of Improvement;
(c)
Developer
’
s failure to perform substantial construction work for a period for 20 consecutive calendar days after commencement of the work;
(d)
Developer
’
s
insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Developer fails to discharge within 30 days;
(e)
The commencement of a foreclosure action against the
Project
or a portion
thereof, or an
y conveyance in lieu or in avoidance of foreclosure; or
(f)
Developer
’
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
Developer
’
s obligatio
ns under this Agreement. The City shall have
the right, subject to this Section, to draw upon or use the appropriate security to mitigate the City
’
s damages in the event of default by
Developer
. The City
’
s right to draw upon or
use the security is in addit
ion to any other remedy available to City. The parties
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
Developer
’
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 Developer
fails to cure any
default under this Agreement w
ithin 20 days after the City mails a notice of such default to the
Developer
and the
Developer
’
s surety,
Developer
authorizes the City to perform
the obligation for which
Developer
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
Developer
. In such event, City, without liability for doing so, may complete the Works of Improvem
ent using any of
Developer
’
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
Developer
’
s failure to comply with the terms of this
Agreement con
stitutes
Developer
’
s consent for the City to file a notice of violation against all the lots in the
Project
, or to rescind or otherwise revert the
Project
to acreage.
Developer
specifically recognizes that the determination of whether a reversion to acreag
e or rescission of the
Project
constitutes an adequate remedy for default by the
Developer
shall be within the sole discretion of the City.
8.4 Remedies Not Exclusive
.
In any case where this Agreement provides a specific
remedy to City for a default by
Devel
oper
hereunder, the
Developer
agrees that the choice
of remedy or remedies for
Developer
’s breach shall be in the discretion of the City.
Additionally, any remedy specifically provided in this Agreement shall be in addition to,
Page
13 of
21 and not exclusive of, City’s right to pursue any other administrative, legal, or equitable remedy to which it may by
entitled.
8.5 Attorney
’
s Fees and Costs
.
In the event that
Developer
fails to perform any
obligation under this Agreement,
Developer
agrees to pay all costs and expenses
incurred by City in securing performance of such obligations, including costs of suit an d
reasonable attorney
’
s fees. In the event of any dispute arising out of
Developer
’
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 oth er
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 entitle
d 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 a ccrued 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
Developer
shall be
considered valid unless in writing, and no such waiver by t he City shall be deemed a
waiver of any subsequent breach or default by the
Developer
.
9. 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 om issions of
Developer
, its agents, employees, contractors and subcontractors in the performance of this Agreement.
Developer
further agrees to protect, defend, indemnify and hold harmless City, its officials, boards and commissions, and members thereof, age nts, 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
Developer
, 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, lia
bility or loss 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 d esign or construction of said
Project
, 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 i
mprovements. Recordation of the Notice of Acceptance by the City of the
Works of
I
mprovements 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 desig
n or construction of the property to be dedicated or the improvements pursuant to the approved
i
mprovement p
lans or map, regardless of any negligent action or inaction taken by the City in approving the plans or map, unless the particular improvement desig n was specifically
required by City over written objection by
Developer
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 sug
gested an alternative safe and feasible
design.
Page
14 of
21 After recordat
ion of the Notice of Acceptance
, the
Developer
shall remain obligated to
eliminate any latent defect in design or dangerous condition caused by the design or construction defect; however,
Devel
oper
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
I
mprovements. It is the inten
t of this section
that
Developer
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 malf
easance in approving or reviewing any
work or construction. The improvement security shall not be required to cover the provisions of this Paragraph.
Developer
shall reimburse the City for all costs and expenses, including but not limited to fees and char
ges of architects, engineers, attorneys, and other professionals, and court costs, incurred by City in enforcing this Section.
10. Developer
’
s Indemnity of Project Approval
.
Developer
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, advisor
y agency, appeal board, or legislative body concerning the Project
.
The City shall promptly notify the
Developer
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 pro mptly
notify the
Developer
of any claim, action, or proceeding, or if the City fails to cooperate in the defense, the
Developer
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.
Developer
shall not be required to pay or perform any settlement unless the settlement is approved b
y the
Developer
.
11. Insurance Requirements
.
11.1 Developer
, at
Developer
’
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 fo
rm
approved by th
e City
’
s authorized designee
for Risk Management prior to commencing any work:
(a)
Commercial General Liability policy with a minimum combined single limit of One Million Dollars ($1,000,000) for each occurrence and Two Million Dollars ($2,000,0
00) in the aggregate
for bodily injury
, death, personal injury,
and property
damage
arising out of or in connection with the activities of
Developer
and its
contractors and subcontractors in performance of the work under this Agreement.
Coverage shall be
at least as broad as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001) and shall, in addition to the other coverages specified in this subsection, include coverage for the following :
(i)
Premises
-
operations; including X
, C, and U coverage;
(ii)
Owners
’
and contractors
’
protection;
(iii) Independent contractors;
(iv) Blanket contractual;
(v) Ongoing operations;
(vi) Products -completed operations hazard; and
(vii) Personal and advertising injury
(b) Commercial Business Auto policy with a minimum $1 million per occurrence, combined single limit, for bodily injury and property damage, providing all of the following minimum coverage:
(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
(ii) 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 Developer:
(i) This policy shall provide coverage for Workers ’ Compensation (Coverage A); and
(ii) This policy shall pr ovide coverage for $1,000,000 Employers ’ Liability (Coverage B).
(iii) Pursuant to Labor Code section 1861, Developer 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.” (iv) Developer shall cause each contractor and subcontractor to provide adequate Workers’ Compensation and Employer’s Liability Insurance for the protection of employees not otherwise protected.
(v) Prior to commencement of work, the Developer 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 Commercial General Liability and Commercial Vehicle/ Automotive Liability policies are to contain or be endorsed to contain the following provisions:
a. Additional Insureds. The City of Rialto, its officials, officers, employees, agents and independent contractors shall be named as additional insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Developer; and with respect to liability arising out of work or operations performed by or on behalf of the Developer including materials, parts or equipment furnished in connection with such work or operations. b. Primary Insurance. For any claims related to this project, the Developer's insurance coverage shall be primary insurance as respects the City of Rialto, its officials, officers, employees, agents and independent contractors. Any insurance or self - insurance maintained by the City of Rialto, its officials, officers, employees, agents and independent contractors shal l be excess of the Developer's insurance and shall not contribute with it. This endorsement is not applicable to the Commercial Vehicle/ Automotive Liability Policy.
c. Waiver of Subrogation. Endorsements waiving all rights of subrogation against the City of Rialto, its officials, officers, employees, agents and independent contractors shall be provided. (ii) The Workers' Compensation policy shall be endorsed to waive all rights of subrogation against the City of Rialto, its officials, officers, employees, agents and independent contractors.
(e) Other Insurance Requirements. All policies required under this Agreement shall contain provisions stating that such policies cannot be canceled or reduced except on at least thirty (30) days ’ prior written notice to Developer ten (10) days' notice for cancellation due to non- payment). Developer further agrees to:
(i) provide to City copies of any notices relating to cancellation or reduction of insurance within two (2) days of receipt; and (ii) cause all certificates of insurance to include language indicating that the issuers or producers of such policies will endeavor to provide copies of any such notices directly to City.
(f) Commencement of Work. Developer shall not commence work under this Agreement until Developer has obtained all insurance required pursuant to this Section, and such insurance has been approved by City; nor shall Developer allow
any contractor or subcontractor to commence work on the Improvements until all similar insurance required of the contractor or subcontractor has been obtained.
Certificates, endorsements, and where applicable, full copies of policies shall be maintained on file with the City Clerk.
(g) Higher Limits. If Developer maintains higher limits than the minimums specified in this Section 11, the City requires and shall be entitled to coverage for the higher limits maintained by Developer. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(h) Insurer Rating; Acceptability. Except as set forth otherwise herein, the policies required by this Section shall be issued by a California -admitted insurer with a rating of at least a “B+; VII” in the latest edition of Best’s Insurance Guide.
A Commercial General Liability policy issued by an insurer that is on the California Department of Insurance’s List of Approved Surplus Line Insurers (“LASLI”) will be acceptable, if no coverage from an admitted insurer can be obtained by Developer, and further provided that such ins urer maintains a Best’s rating of at least “A -; X” and remains on the LASLI during the term hereof. Workers’ Compensation coverage issued by the State Compensation Insurance Fund shall be acceptable if no other coverage can be obtained by Developer, and f urther provided such insurer remains admitted in California and is otherwise financially acceptable to City.
(i) Deductibles. Any deductibles or self -insured retentions must be declared in writing by Developer to City and subsequently approved by City prior t o its execution of this Agreement and prior to commencement of any work hereunder.
At City’s option, Developer shall either reduce or eliminate the deductibles or self- insured retentions with respect to City, or Developer shall procure a bond guaranteeing payment of losses and expenses.
(j) Proof of Coverage. Developer shall submit to the City original certificates of insurance and endorsements evidencing the coverages required by this Section.
The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all insurance policies at any time and/or to require Developer to provide reports or status updates to ev idence compliance of its contractors and subcontractors with the provisions of this Section. Developer’s insurance company(ies) shall mail all required certificates of insurance and endorsements to:
City of Rialto
Risk Management
150 S. Palm Avenue
Rialto, CA 92376
Page
18 of
21 12.
Environmental Warranty
.
12.1 Prior to the acceptance of any dedications or
Works of Improvement
by City,
Developer
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
Developer
are in violation of any
environmental law, and neither the property to be dedicated nor the Developer
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
Developer
nor any other person wit
h
Developer
’
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. F or 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)
Developer
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.
(d)
Developer
’
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.
12.2 Developer
shall give prompt written notice to City of:
(a)
Any proceeding or investigation by any federal, stat
e 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
Page
19 of
21 (d)
Developer
’
s discovery of any occurrence or condition on any property adjoining or in t
he 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 env
ironmental law.
13. General Provisions
.
13.1 Successors and Assigns
.
This Agreement shall be binding upon all successors
and assigns to
Developer
’
s right, title, and interest in and to the Property and any portion thereof.
Developer
hereby consents to City recor
ding 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 Developer
in the City
’
s
approval of this Agreement.
In the event the Pr
operty is subsequently conveyed by
Developer
to a third party prior to completion of the Works of Improvement, whereby the third party is intended to assume
Developer
’
s responsibilities with regard to this
Agreement, (the
“
Replacement
Developer
”
), the righ
ts and obligations of this Agreement
shall transfer to the Replacement
Developer
; however, the Security Instruments required
pursuant to Section 4 of this Agreement, and furnished by Developer
as a condition of the
City
’
s approval of this Agreement, shall
remain
Developer
’
s responsibility to maintain until
such time as
Developer
and its Replacement
Developer
enter into a Transfer and
Assignment of
Public Improvement
Agreement, (the
“
Transfer Agreement
”
), to
acknowledge the transfer of fee title to the Property from the Developer
to its Replacement
Developer
, and to acknowledge the rights and obligations associated with this Agreement upon the Replacement
Developer
, including Replacement
Developer
’
s resp
onsibility 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
Developer
and its Replacement
Developer
, and r
eplacement
Security Instruments meeting City
’
s approval are furnished by the Replacement
Developer
,
Developer
retains sole responsibility for maintaining all Security Instruments required pursuant to Section 4 of this Agreement.
13.2 No Third Party Beneficiarie
s
.
This Agreement is intended to benefit only the
parties hereto and their respective successors and assigns. Neither City nor Developer
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
Developer
of this Agreement shall not be
construed to vest
Developer
’
s rights with respect to any change in any zoning or building law or ordinance.
13.4 Developer is Not Agent of
City.
Neither Developer nor Developer
’
s agents,
contractors, or subcontractors are agents or contractors of the City in connection with the performance of Developer
’
s obligations under this Agreement.
13.5 Time of the Essence
.
Time is of the essence of
Develop
er
’
s performance of all of
its obligations under this Agreement
.
Page
20 of
21 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 a
nd 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 th
e 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 a
greements concurrently or previously executed between
the parties, or from entering into agreements with other Developer
s for the apportionment
of costs of water and sewer mains, or other improvements pursuant to the provisions of the City ordinances provi
ding therefore. Nor shall anything in the Agreement commit City to any such apportionment.
13.8 Severability
. I
f 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 ef fect 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 Rec
itals
.
T
he
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 n
egotiations 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 rep
resentative 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.
14. Authority
.
The persons executing this Agreement on behalf of the parties warrant the (I) party is duly organized and existing, (ii) 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
Developer
have
caused
this
Agreement
to
be
executed
the
day
and
year
first
above
written.
CITY
OF
RIALTO,
CALIFORNIA
DEVELOPER
By:
By:
Marcus
Fuller,
City
Manager
Title:
APPROVED
BY
THE
CITY
COUNCIL
Date:
Agreement
No.:
ATTEST:
By:
Barbara
McGee,
City
Clerk
APPROVED
AS
TO
FORM:
By:
Eric
S.
Vail
,City
Attorney
RECOMMENDED:
By:
David
S.
Hammer,
City
Engineer
Page
21 of
21 CALIFORNIA
ALL-PURPOSE
ACKNOWLEDGMENT
CIVIL
CODE
§
1189
A
notary
public
or
other
officer
completing
this
certificate
verifies
only
the
identity
of
the
individual
who
signed
the
document
to
which
this
certificate
is
attached,
and
not
the
truthfulness,
accuracy,
or
validity
of
that
document.
State
of
California
County
of
LoS
/wgeW
5 On
Date
personally
appeared
_
Gorg-y
N.
poM'iC
before
me,
Here
Insert
Name
and
Title
of
the
Officer
Ha
rj
Name(s)
of
Signer(s)
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.
COREY
N.
J*»ES
Notary
fubllc
,
«ssar.wÿ
Comm.
Expires
Apr
3t
2C2_
WITNESS
my
hand
and
official
seal.
1 Signature
7 Sig/iature
of
Notary
Public
Place
Notary
Seal
Above
-
OPTIONAL
-
Though
this
section
is
optional,
completing
this
information
can
deter
alteration
of
the
document
or
fraudulent
reattachment
of
this
form
to
an
unintended
document.
Description
of
Attached
Document
Title
or
Type
of
Document:
Number
of
Pages:
Document
Date:
Signer(s)
Other
Than
Named
Above:
Capacity(ies)
Claimed
by
Signer(s)
Signer’s
Name:
Corporate
Officer
-
Title(s):
Partner
-
Limited
General
Individual
Attorney
in
Fact
Trustee
Q
Guardian
or
Conservator
Other:
Signer
is
Representing:
Signer’s
Name:
D
Corporate
Officer
-
Title(s):
Partner
-
Limited
General
D
Individual
Q
Attorney
in
Fact
Trustee
Guardian
or
Conservator
Other:
Signer
is
Representing:
_
Exhibit “A”
EXHIBIT “A”
LEGAL DESCRIPTION
_____ Map No. _____, as recorded in Map Book _____, Pages _____ through _____ inclusive, records of San Bernardino County, California.
DOC
#2023-00881
97 Page
4 of
7 EXHIBIT
“A”
LOT
LINE
ADJUSTMENT
No.
2021-0014
LEGAL
DESCRIPTION
AFTER
LOT
LINE
ADJUSTMENT
PARCEL
“A”;
BEING
THAT
PORTION
OF
THE
NORTHEAST
QUARTER
OF
THE
OF
THE
NORTHEAST
QUARTER
OF
THE
NORTHWEST
QUARTER
OF
SECTION
33,
TOWNSHIP
1 NORTH,
RANGE
5 WEST,
SAN
BERNARDINO
MERIDIAN,
IN
THE
CITY
OF
RIALTO,
COUNTY
OF
SAN
BERNARDINO,
CALIFORNIA,
DESCRIBED
AS
FOLLOWS:
COMMENCING
AT
THE
CENTERLINE
INTERSECTION
OF
LOCUST
AVENUE
AND
RENAISSANCE
PARKWAY
AS
SHOWN
ON
RECORD
OF
SURVEY
NO.
19-0028,
RECORDED
IN
BOOK
165
PAGES
57 AND
58,
RECORDS
OF
SAID
COUNTY;
THENCE
SOUTH
89°42’22”
WEST
661.64
FEET
ALONG
THE
CENTERLINE
OF
SAID
RENAISSANCE
PARKWAY,
TO
THE
WESTERLY
LINE
OF
SAID
NORTHEAST
QUARTER
OF
THE
NORTHEAST
QUARTER
OF
THE
NORTHWEST
QUARTER
OF
SECTION
33;
THENCE
NORTH
00°17’54”
WEST
49.87 FEET,
ALONG
SAID
WESTERLY
LINE,
TO
THE
NORTHERLY
RIGHT-OF-WAY
LINE
OF
SAID
RENAISSANCE
PARKWAY
(FORMERLY
EASTON
STREET),
AS
SHOWN
ON
THE
CALIFORNIA
DEPARTMENT
OF
TRANSPORTATION
RIGHT-OF-WAY
MAP
NO.
92501
1 AND
THE
POINT
OF
BEGINNING;
THENCE
CONTINUING
NORTH
00°17’54”
WEST
460.66
FEET,
ALONG
SAID
WESTERLY
LINE,
TO
THE
NORTHERLY
LINE
OF
SAID
SECTION
33;
THENCE
NORTH
89°41'50"
EAST
631.28
FEET
ALONG
SAID
NORTHERLY
LINE
OF
SECTION
33,
TO
AN
INTERSECTION
WITH
A
LINE
THAT
IS
30.00 FEET
WESTERLY
OF
AND
PARALLEL
WITH
THE
EASTERLY
LINE
OF
SAID
NORTHWEST
QUARTER
OF
SECTION
33;
THENCE
SOUTH
00o20'18"
EAST
30.00 FEET
ALONG
SAID
PARALLEL
LINE
TO
A
LINE
THAT
IS
30.00 FEET
SOUTHERLY
OF
AND
PARALLEL
WITH
THE
NORTHERLY
LINE
OF
SAID
SECTION
33;
THENCE
SOUTH
89°41'50"
WEST
45.02 FEET
ALONG
SAID
PARALLEL
LINE;
THENCE
SOUTH
04°34'42"
EAST
239.35
FEET
TO
THE
NORTHERLY
TERMINUS
OF
A
GRANT
DEED
TO
THE
STATE
OF
CALIFORNIA
RECORDED
JUNE
20,
2002
AS
INSTRUMENT
NO.
2002-00320023
OF
OFFICIAL
RECORDS;
THENCE
SOUTH
00°00'00"
EAST
141.60
FEET
TO
THE
NORTHERLY
LINE
OF
A
GRANT
DEED
TO
THE
STATE
OF
CALIFORNIA
RECORDED
FEBRUARY
22,
2002
AS
INSTRUMENT
NO.
2002-0085318
OF
OFFICIAL
RECORDS;
THENCE
SOUTH
58°46'06"
WEST
65.41 FEET
ALONG
SAID
NORTHERLY
LINE,
TO
AN
ANGLE
POINT
IN
SAID
NORTHERLY
LINE;
THENCE
SOUTH
80°05'38"
WEST
100.87
FEET
TO
AN
ANGLE
POINT
IN
SAID
NORTHERLY
LINE
AND
THE
NORTHERLY
LINE
OF
SAID
RENAISSANCE
PARKWAY;
THENCE
SOUTH
89°42'22"
WEST
447.84
FEET
TO
THE
POINT
OF
BEGINNING.
CONTAINING
274,198
SQUARE
FEET
OR
6.295
ACRES
OF
LAND,
MORE
OR
LESS.
AS
SHOWN
ON
THE
MAP
ATTACHED
HERETO
AS
EXHIBIT
“B”
AND
MADE
A
PART
HEREOF.
PAGE
1 OF
2 DOC
#2023-0088197
Page
5 of
7 PREPARED
BY
OR
UNDER
THE
DIRECTION
OF:
March
13.2023
0»0'
«"
M
WorcS0
Mark
A.
Monroe
P.L.S.
#8170
Date
PAGE
2 OF
2 Exhibit “B”
EXHIBIT “B”
ENTITLEMENTS CONDITIONS OF APPROVAL
The Conditions issued to Developer for development of the Property follow this page.
DocuSign
Envelope
ID:
942F45B2-3CC8-4059-B66F-21383458DFCC
1 RESOLUTION
NO.
7963
2 A
RESOLUTION
OF
THE
CITY
COUNCIL
OF
THE
CITY
OF
RIALTO,
CALIFORNIA
APPROVING
PRECISE
PLAN
OF
DESIGN
NO.
2021-0063
ALLOWING
THE
DEVELOPMENT
OF
A
116,060
SQUARE
FOOT
INDUSTRIAL
WAREHOUSE
BUILDING
ON
APPROXIMATELY
6.02 ACRES
OF
LAND
(APNS:
0240-211-25
&
-26)
LOCATED
AT
THE
NORTHWEST
CORNER
OF
RENAISSANCE
PARKWAY
AND
LOCUST
AVENUE.
3 4
5 6
7 WHEREAS,
the
applicant,
Orbis
Real
Estate
Partners,
LLC,
proposes
to
develop
a
1 16,060
square
foot
industrial
warehouse
building
(“Project”)
on
approximately
6.02 acres
of
land
(APNs:
0240-211-25
&
-26)
located
at
the
northwest
comer
of
Renaissance
Parkway
and
Locust
Avenue
(“Site”);
and
8 9
10 11
WHEREAS,
the
Project
will
consist
of
4,000
square
feet
of
office
space
on
the
ground
floor,
4,500
square
feet
of
office
space
on
the
second
floor,
and
107,560
square
feet
of
warehouse
space
with
twelve
(12)
dock-high
loading
doors,
which
will
be
located
on
the
south
side
of
the
building,
landscaping,
screen
walls,
paving,
lighting,
and
parking
for
ninety-six
(96)
passenger
vehicles;
and
12 13
14 15
16 WHEREAS,
Pursuant
to
Section
18.65.010
of
the
Rialto
Municipal
Code,
the
Project
requires
a
Precise
Plan
of
Design,
and
the
applicant
has
agreed
to
apply
for
Precise
Plan
of
Design
17 18
No.
2021-0063
(“PPD
No.
2021-0063”);
and
19 WHEREAS,
in
conjunction
with
the
Project,
the
applicant
submitted
Specific
Plan
Amendment
No.
2021-0002
to
change
the
Specific
Plan
land
use
designation
of
the
Site,
as
described
in
the
legal
description
attached
as
Exhibit
A.
from
Corporate
Center
(CC)
within
the
Renaissance
Specific
Plan
to
Business
Center
(BC)
within
the
Renaissance
Specific
Plan
(“SPA
No.
2021-0002”),
and
SPA
No.
2021-0002
is
necessary
to
facilitate
the
Project;
and
WHEREAS,
in
conjunction
with
the
Project,
the
applicant
has
submitted
Lot
Line
Adjustment
No.
2021-0014
to
merge
the
two
(2)
parcels
of
land
within
the
Site
into
one
(1)
6.02 net
acre
parcel
of
land
(“LLA
No.
2021-0014”);
and
WHEREAS,
in
conjunction
with
the
Project,
the
applicant
submitted
Conditional
Development
Permit
No.
2021-0048
(“CDP
No.
2021-0048”)
to
facilitate
the
development
and
20 21
22 23
24 25
26 27
28 -1-
DocuSign
Envelope
ID:
942F45B2-3CC8-4059-B66F-21383458DFCC
1 operation
of
a
116,060
square
foot
industrial
warehouse
building
on
the
Site,
and
CDP
No.
2021-
0048
is
necessary
to
facilitate
the
Project;
and
WHEREAS,
on
June
29,
2022,
the
Planning
Commission
of
the
City
of
Rialto
conducted
a
duly
noticed
public
hearing,
as
required
by
law,
on
PPD
No.
2021-0063,
SPA
No.
2021-0002,
and
CDP
No.
2021-0048,
took
testimony,
at
which
time
it
received
input
from
staff,
the
city
attorney,
and
the
applicant;
heard
public
testimony;
discussed
the
proposed
PPD
No.
2021-0063,
SPA
No.
2021-0002,
and
CDP
No.
2021-0048;
and
closed
the
public
hearing;
and
WHEREAS,
on
June
29,
2022,
the
Planning
Commission
voted
3-2
(1
absence
and
1 vacancy)
to
recommend
denial
of
PPD
No.
2021-0063,
SPA
No.
2021-0002,
and
CDP
No.
2021-
0048
to
the
City
Council;
and
WHEREAS,
on
July
26,
2022,
the
City
Council
conducted
a
duly
noticed
public
hearing,
as
required
by
law,
on
PPD
No.
2021-0063,
SPA
No.
2021-0002,
and
CDP
No.
2021-0048,
took
testimony,
at
which
time
it
received
input
from
staff,
the
city
attorney,
and
the
applicant;
heard
public
testimony,
discussed
PPD
No.
2021-0063,
SPA
No.
2021-0002,
and
CDP
No.
2021-0048;
and
closed
the
public
hearing;
and
WHEREAS,
all
legal
prerequisites
to
the
adoption
of
this
Resolution
have
occurred.
NOW,
THEREFORE,
the
City
Council
hereby
finds,
determines,
and
resolves
as
follows:
SECTION
1. The
City
Council
hereby
specifically
finds
that
all
of
the
facts
set
forth
in
the
recitals
above
of
this
Resolution
are
true
and
correct
and
incorporated
herein.
SECTION
2. Based
on
substantial
evidence
presented
to
the
City
Council
during
the
public
hearing
conducted
with
regard
to
PPD
No.
2021-0063,
including
written
staff
reports,
verbal
testimony,
site
plans,
other
documents,
and
the
conditions
of
approval
stated
herein,
the
City
Council
hereby
determines
that
PPD
No.
2021-0063
satisfies
the
requirements
of
Section
18.65.020E
of
the
Rialto
Municipal
Code
pertaining
to
the
findings
which
must
be
made
precedent
to
granting
a
Precise
Plan
of
Design.
The
findings
are
as
follows:
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 The
proposed
development
is
in
compliance
with
all
city
ordinances
and
regulations,
unless
in
accordance
with
an
approved
variance;
and
1. 27
28 This
finding
is
supported
by
the
following
facts:
-2-
DocuSign
Envelope
ID:
942F45B2-3CC8-4059-B66F-21383458DFCC
1 The
Site
has
a
General
Plan
land
use
designation
of
Specific
Plan
with
a
Specific
Plan
Overlay.
SPA
No.
2021-0002,
prepared
in
conjunction
with
the
Project,
will
change
the
land
use
designation
of
the
Site
to
Business
Center
(BC)
within
the
Renaissance
Specific
Plan.
The
Project,
as
conditioned
herein,
will
comply
with
all
City
ordinances
and
regulations
including
those
of
the
proposed
BC
land
use
district,
the
Renaissance
Specific
Plan,
and
the
City’s
Design
Guidelines.
The
BC
land
use
district
allows
for
the
development
and
operation
of
industrial
warehouse
buildings,
as
proposed
by
the
Project.
Additionally,
the
Project
meets
all
of
the
required
development
standards
of
the
proposed
BC
land
use
district
including,
but
not
limited
to,
required
building
setbacks,
parking,
landscaping,
building
height,
floor
area
ratio,
etc.
2 3
4 5
6 7
8 2.
The
site
is
physically
suitable
for
the
proposed
development,
and
the
proposed
development
will
be
arranged,
designed,
constructed,
and
maintained
so
that
it
will
not
be
unreasonably
detrimental
or
injurious
to
property,
improvements,
or
the
health,
safety
or
general
welfare
of
the
general
public
in
the
vicinity,
or
otherwise
be
inharmonious
with
the
city’s
general
plan
and
its
objectives,
zoning
ordinances
or
any
applicable
specific
plan
and
its
objectives;
and
9 10
11 12
This
finding
is
supported
by
the
following
facts:
13 The
Site
is
relatively
flat,
generally
rectangular-shaped,
approximately
6.02 acres
in
size,
and
bound
by
two
(2)
public
streets.
To
the
north
of
the
project
site
is
the
SR-2
10 Freeway,
and
to
the
east,
across
Locust
Avenue,
is
a
Southern
California
Edison
electrical
substation
and
approximately
13.13 acres
of
vacant
land.
To
the
south,
across
Renaissance
Parkway,
is
a
927,696
square
foot
industrial
warehouse
building
occupied
by
Distribution
Alternatives,
a
third-party
distributor
and
fulfillment
services
provider,
and
to
the
west
is
approximately
6.94 acres
of
land
currently
being
developed
into
a
135,408
square
foot
industrial
warehouse
building.
The
Project
is
consistent
with
the
proposed
BC
land
use
district
and
the
surrounding
land
uses.
The
nearby
area
is
predominantly
designated
for
and
developed
with
industrial
uses,
and
as
a
result,
there
are
no
sensitive
land
uses
near
the
project
site.
The
project
is
not
expected
to
negatively
impact
any
uses
with
the
successful
implementation
of
measures
such
as
landscape
buffering,
the
installation
of
solid
screen
walls,
and
aesthetic
building
enhancements.
14 15
16 17
18 19
20 21
22 The
proposed
development
will
not
unreasonably
interfere
with
the
use
or
enjoyment
of
neighboring
property
rights
or
endanger
the
peace,
health,
safety
or
welfare
of
the
general
public;
and
3. 23
24 This
finding
is
supported
by
the
following
facts:
25 The
Project’s
effects
will
be
minimized
through
the
implementation
of
the
Conditions
of
Approval
contained
herein,
such
as
extensive
landscaping,
concrete
screen
walls,
decorative
paving,
and
enhanced
architectural
features.
To
the
north
of
the
project
site
is
the
SR-2
10 Freeway,
and
to
the
east,
across
Locust
Avenue,
is
a
Southern
California
Edison
electrical
substation
and
approximately
13.13 acres
of
vacant
land.
To
the
south,
across
Renaissance
26 27
28 -3-
DocuSign
Envelope
ID:
942F45B2-3CC8-4059-B66F-21383458DFCC
1 Parkway,
is
a
927,696
square
foot
industrial
warehouse
building
occupied
by
Distribution
Alternatives,
a
third-party
distributor
and
fulfillment
services
provider,
and
to
the
west
is
approximately
6.94 acres
of
land
currently
being
developed
into
a
135,408
square
foot
industrial
warehouse
building.
The
Project
is
consistent
with
the
proposed
BC
land
use
district
and
the
surrounding
land
uses.
The
nearby
area
is
predominantly
designated
for
and
developed
with
industrial
uses,
and
as
a
result,
there
are
no
sensitive
land
uses
near
the
project
site.
The
project
is
not
expected
to
negatively
impact
any
uses
with
the
successful
implementation
of
measures
such
as
landscape
buffering,
the
installation
of
solid
screen
walls,
and
aesthetic
building
enhancements.
2 3
4 5
6 7
The
proposed
development
will
not
substantially
interfere
with
the
orderly
or
planned
development
of
the
City
of
Rialto.
4. 8
This
finding
is
supported
by
the
following
facts:
9 10
The
Project
is
consistent
with
the
proposed
Business
Center
(BC)
land
use
district
and
is
a
logical
addition
to
the
existing
industrial
buildings
immediately
to
the
south
and
west
of
the
Site
and
throughout
most
of
the
Renaissance
Specific
Plan
area.
The
design
of
the
Project
will
ensure
a
continuation
of
the
public
improvements
and
aesthetics
present
in
the
surrounding
area.
The
City
staff
have
reviewed
the
design
of
the
Project
to
ensure
compliance
with
all
health,
safety,
and
design
requirements
to
ensure
the
Project
will
enhance
the
infrastructure
and
aesthetics
of
the
local
community.
11 12
13 14
15 SECTION
3. An
Addendum
to
the
June
2016
Renaissance
Specific
Plan
Amendment
Subsequent
Environmental
Impact
Report
(Environmental
Assessment
Review
No.
2021-0059)
has
been
prepared
for
the
Project
in
accordance
with
the
California
Environmental
Quality
Act
(CEQA),
and
it
has
been
determined
that
the
proposed
Project
would
result
in
no
new
significant
impacts
that
were
not
analyzed
in
the
June
2016
Renaissance
Specific
Plan
Amendment
Subsequent
Environmental
Impact
Report
(“2016
RSPA
SEIR”),
nor
would
the
proposed
Project
cause
a
substantial
increase
in
the
severity
of
any
previously
identified
environmental
impacts.
The
potential
impacts
associated
with
proposed
Project
would
either
be
the
same
or
less
than
those
described
in
the
2016
RSPA
SEIR.
In
addition,
there
are
no
substantial
changes
to
the
circumstances
under
which
the
proposed
Project
would
be
undertaken
that
would
result
in
new
or
more
severe
environmental
impacts
than
previously
addressed
in
the
2016
RSPA
SEIR,
nor
has
any
new
information
regarding
the
potential
for
new
or
more
severe
significant
environmental
impacts
been
identified.
The
City
Council
16 17
18 19
20 21
22 23
24 25
26 27
28 -4-
DocuSign
Envelope
ID:
942F45B2-3CC8-4059-B66F-21383458DFCC
1 hereby
adopts
the
Addendum
to
the
June
2016
Renaissance
Specific
Plan
Amendment
Subsequent
Environmental
Impact
Report
for
the
Project.
2 3
SECTION
4. The
City
Council
hereby
approves
PPD
No.
2021-0063,
in
conjunction
with
SPA
No.
2021-0002
and
CDP
No.
2021-0048,
to
allow
the
development
of
a
116,060
square
foot
4 5
industrial
warehouse
building
on
approximately
6.02 acres
of
land
(APNs:
0240-211-25
&
-26)
located
at
the
northwest
comer
of
Renaissance
Parkway
and
Locust
Avenue,
in
accordance
with
the
plans
and
application
on
file
with
the
Planning
Division,
subject
to
the
following
Conditions
of
6 7
8 Approval:
9 10
The
applicant
is
granted
PPD
No.
2021-0063
allowing
the
development
of
a
116,060
square
foot
industrial
warehouse
building
and
associated
paving,
landscaping,
fencing,
lighting,
and
drainage
improvements
on
approximately
6.02 acres
of
land
(APNs:
0240-
211-25
&
-26)
located
at
the
northwest
comer
of
Renaissance
Parkway
and
Locust
Avenue,
subject
to
the
Conditions
of
Approval
contained
herein.
1. 11
12 13
2. The
approval
of
PPD
No.
2021-0063
is
granted
for
a
one
(1)
year
period
from
the
date
of
approval.
Approval
of
PPD
No.
2021-0063
will
not
become
effective
until
the
applicant
has
signed
a
Statement
of
Acceptance
acknowledging
awareness
and
acceptance
of
the
required
Conditions
of
Approval
contained
herein.
Any
request
for
an
extension
shall
be
reviewed
by
the
Community
Development
Director
and
shall
be
based
on
the
progress
that
has
taken
place
toward
the
development
of
the
project.
14 15
16 17
18 3.
The
development
associated
with
PPD
No.
2021-0061
shall
conform
to
the
site
plan,
floor
plans,
exterior
elevations,
conceptual
grading
plan,
and
preliminary
landscape
plan
attached
hereto
as
Exhibit
B,
except
as
may
be
required
to
be
modified
based
on
the
Conditions
of
Approval
contained
herein.
19 20
21 4.
The
development
associated
with
PPD
No.
202
1 -0063
shall
comply
with
all
Conditions
of
Approval
contained
within
SPA
No.
2021-0002
and
CDP
No.
2021-0048.
22 23
The
development
associated
with
PPD
No.
2021-0063
shall
comply
with
all
applicable
sections
of
the
Renaissance
Specific
Plan,
the
Rialto
Municipal
Code,
and
all
other
applicable
State
and
local
laws
and
ordinances.
5. 24
25 6.
City
inspectors
shall
have
access
to
the
site
to
reasonably
inspect
the
site
during
normal
working
hours
to
assure
compliance
with
these
conditions
and
other
codes.
26 27
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
instrumentalities
thereof
(collectively,
the
“City
Parties”),
from
any
and
all
claims,
7. 28
-5-
DocuSign
Envelope
ID:
942F45B2-3CC8-4059-B66F-21383458DFCC
1 demands,
law
suits,
writs
of
mandamus,
and
other
actions
and
proceedings
(whether
legal,
equitable,
declaratory,
administrative
or
adjudicatory
in
nature),
and
alternative
dispute
resolutions
procedures
(including,
but
not
limited
to
arbitrations,
mediations,
and
other
such
procedures),
(collectively
“Actions”),
brought
against
the
City,
and/or
any
of
its
officials,
officers,
employees,
agents,
departments,
agencies,
and
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
its
officials,
officers,
employees,
agents,
departments,
agencies,
and
instrumentalities
thereof
(including
actions
approved
by
the
voters
of
the
City),
for
or
concerning
the
Project
(collectively,
the
“Entitlements”),
whether
such
Actions
are
brought
under
the
California
Environmental
Quality
Act,
the
Planning
and
Zoning
Law,
the
Subdivision
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,
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
be
limited
to
(i)
damages,
fees
and/or
costs
awarded
against
the
City,
if
any,
and
(ii)
cost
of
suit,
attorneys’
fees
and
other
costs,
liabilities
and
expenses
incurred
in
connection
with
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
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
Parties’
fraud,
intentional
misconduct
or
gross
negligence
in
connection
with
issuing
the
Entitlements.
The
applicant
shall
execute
an
agreement
to
indemnify,
protect,
defend,
and
hold
the
City
harmless
as
stated
herein
within
five
(5)
days
of
approval
of
PPD
No.
2021-0063.
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
In
accordance
with
the
provisions
of
Government
Code
Section
66020(d)(1),
the
imposition
of
fees,
dedications,
reservations,
or
exactions
for
this
Project,
if
any,
are
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,
reservations,
or
exactions
imposed
on
the
Project.
8. 18
19 20
21 9.
Approval
of
PPD
No.
2021-0063
will
not
be
valid
until
such
time
that
the
City
Council
of
the
City
of
Rialto
has
approved
SPA
No.
2021-0002
and
CDP
No.
2021-0048,
which
were
prepared
in
conjunction
with
the
Project.
22 23
10. The
applicant
shall
complete
and
abide
by
all
pre-construction
mitigation
measures
contained
within
the
Mitigation
Monitoring
and
Reporting
Program
associated
with
Environmental
Assessment
Review
No.
2021-0059,
prior
to
the
issuance
of
a
grading
permit.
24 25
26 1
1 .
The
applicant
shall
complete
and
abide
by
all
during-construction
mitigation
measures
contained
within
the
Mitigation
Monitoring
and
Reporting
Program
associated
with
Environmental
Assessment
Review
No.
2021-0059,
prior
to
the
issuance
of
a
Certificate
of
Occupancy.
27 28
-6-
DocuSign
Envelope
ID:
942F45B2-3CC8-4059-B66F-21383458DFCC
1 12.
The
tenant(s)
within
the
building
shall
always
conduct
operations
consistent
with
the
environmental
analysis
contained
within
Environmental
Assessment
Review
No.
2021-
0059.
2 3
4 13.
The
property
owner
and
building
tenant(s)
shall
always
abide
by
all
operational
mitigation
measures
contained
within
the
Mitigation
Monitoring
and
Reporting
Program
associated
with
Environmental
Assessment
Review
No.
2021-0059.
5 6
14. The
applicant
shall
secure
the
services
of
a
tribal
cultural
monitor
to
be
present
during
all
ground
disturbance
activities
associated
with
the
construction
of
this
project.
The
tribal
cultural
monitor
shall
be
approved
by
the
Gabrieleno
Band
of
Mission
Indians-
Kizh
Nation,
and
documentation
of
coordination
between
the
applicant
and
the
Gabrieleno
Band
of
Mission
Indians-Kizh
Nation
on
this
matter
shall
be
provided
to
the
Planning
Division
prior
to
the
issuance
of
a
grading
permit.
7 8
9 10
15. The
applicant
shall
install
decorative
pavement
within
each
driveway
connected
to
Renaissance
Parkway.
The
decorative
pavement
shall
extend
across
the
entire
width
of
each
driveway
and
shall
have
a
minimum
depth
of
thirty-five
(35)
feet
as
measured
from
the
property
lines
along
Renaissance
Parkway
and
Locust
Avenue.
Decorative
pavement
means
decorative
pavers
and/or
color
concrete
with
patterns
and
color
variety.
The
location
of
the
decorative
pavement
shall
be
identified
on
the
Precise
Grading
Plan
prior
to
the
issuance
of
a
grading
permit.
Additionally,
the
location
and
type
of
decorative
pavement
shall
be
identified
on
the
formal
Landscape
Plan
submittal,
and
other
on-site
improvement
plans,
prior
to
the
issuance
of
building
permits.
11 12
13 14
15 16
16. In
order
to
provide
enhanced
building
design
in
accordance
with
Section
4 of
the
Renaissance
Specific
Plan
(Design
Guidelines),
the
applicant
shall
route
all
drainage
downspouts
through
the
interior
of
the
building.
The
internal
downspouts
shall
be
identified
within
the
formal
building
plan
check
submittal
prior
to
the
issuance
of
building
permits.
17 18
19 20
17. In
order
to
provide
enhanced
building
design
in
accordance
with
Section
4 of
the
Renaissance
Specific
Plan
(Design
Guidelines),
the
applicant
shall
construct
parapet
returns,
at
least
three
(3)
feet
in
depth
from
the
main
wall
plane,
at
all
height
variations
on
all
four
(4)
sides
of
the
building.
The
parapet
returns
shall
be
demonstrated
on
the
roof
plans
within
the
formal
building
plan
check
submittal
prior
to
the
issuance
of
building
permits.
21 22
23 24
18. In
order
to
provide
enhanced
building
design
in
accordance
with
Section
4 of
the
Renaissance
Specific
Plan
(Design
Guidelines),
the
applicant
shall
provide
internal
roof
access
only
for
the
building.
The
internal
roof
access
shall
be
identified
within
the
formal
building
plan
check
submittal
prior
to
the
issuance
of
building
permits.
25 26
27 19.
All
new
walls,
including
any
retaining
walls,
shall
be
comprised
of
decorative
masonry
block
or
decorative
concrete.
Decorative
masonry
block
means
tan-colored
slumpstone
28 -7-
DocuSign
Envelope
ID:
942F45B2-3CC8-4059-B66F-21383458DFCC
1 block,
tan-colored
split-face
block,
or
precision
block
with
a
stucco,
plaster,
or
cultured
stone
finish.
Decorative
concrete
means
painted
concrete
with
patterns,
reveals,
and/or
trim
lines.
Pilasters
shall
be
incorporated
within
all
new
walls
visible
from
the
public
right-of-way.
The
pilasters
shall
be
spaced
a
maximum
of
fifty
(50)
feet
on-center
and
shall
be
placed
at
all
comers
and
ends
of
the
wall.
All
pilasters
shall
protmde
a
minimum
of
six
(6)
inches
above
and
to
the
side
of
the
wall.
All
decorative
masonry
walls
and
pilasters,
including
retaining
walls,
shall
include
a
decorative
masonry
cap.
All
walls
and
pilasters
shall
be
identified
on
the
site
plan
and
Precise
Grading
Plan,
and
an
elevation
detail
for
the
walls
shall
be
included
in
the
formal
building
plan
check
submittal
prior
to
the
issuance
of
building
permits.
2 3
4 5
6 7
20. Any
new
fencing
installed
on
site
shall
be
comprised
of
tubular
steel.
Decorative
masonry
or
decorative
concrete
pilasters,
with
a
minimum
dimension
of
sixteen
(16)
inch
square,
shall
be
incorporated
within
all
new
fencing
visible
from
any
public
right-
of-way.
Decorative
masonry
block
means
tan
slumpstone
block,
tan
split-face
block,
or
precision
block
with
a
stucco,
plaster,
or
cultured
stone
finish.
Decorative
concrete
means
painted
concrete
with
patterns,
reveals,
and/or
trim
lines.
The
pilasters
shall
be
spaced
a
maximum
of
fifty
(50)
feet
on-center
and
shall
be
placed
at
all
comers
and
ends
of
the
fencing.
All
decorative
masonry
pilasters
shall
include
a
decorative
masonry
cap.
All
fencing
and
pilasters
shall
be
identified
on
the
site
plan,
and
an
elevation
detail
for
the
fencing
and
pilasters
shall
be
included
in
the
formal
building
plan
check
submittal
prior
to
the
issuance
of
building
permits.
8 9
10 11
12 13
14 21
.
The
applicant
shall
install
solid
or
louvered
metal
gates
at
each
entry
of
the
truck
court
for
the
purpose
of
screening
trucks
and
trailers
within
the
truck
court,
prior
to
the
issuance
of
a
Certificate
of
Occupancy.
The
new
gates
shall
have
a
height
equal
to
that
of
the
adjoining
wall
and
the
gate
shall
be
painted
black
or
a
color
matching
the
color
of
the
adjoining
wall.
The
new
gates
shall
be
identified
on
the
site
plan,
and
an
elevation
detail
for
the
gate
shall
be
included
in
the
formal
building
plan
check
submittal
prior
to
the
issuance
of
building
permits.
15 16
17 18
19 22.
The
applicant
shall
construct
one
(1)
ADA
accessible
trash
enclosures
on
the
project
site.
The
trash
enclosures
shall
provide
room
for
one
(1)
commercial
waste
container
and
one
(1)
commercial
recycling
container.
The
exterior
of
each
trash
enclosure
shall
match
the
material
and
base
color
of
the
buildings.
Additionally,
each
trash
enclosure
shall
contain
solid
steel
doors
and
a
flat
solid
cover.
Corrugated
metal
and
chain-link
are
not
acceptable
materials
to
use
as
a
part
of
the
trash
enclosure.
The
location
of
each
trash
enclosure
shall
be
identified
on
the
site
plan
within
the
formal
building
plan
check
prior
to
the
issuance
of
building
permits.
An
elevation
detail
for
the
trash
enclosures
shall
be
provided
within
formal
building
plan
check
submittal
prior
to
the
issuance
of
building
permits.
20 21
22 23
24 25
26 23.
All
light
standards
installed
on
site,
shall
have
a
maximum
height
of
twenty-five
(25)
feet,
as
measured
from
the
finished
surface,
including
the
base.
Lighting
shall
be
shielded
and/or
directed
toward
the
site
so
as
not
to
produce
direct
glare
or
"stray
light"
onto
adjacent
properties.
All
light
standards
shall
be
identified
on
the
site
plan
and
a
27 28
-8-
DocuSign
Envelope
ID:
942F45B2-3CC8-4059-B66F-21383458DFCC
1 note
indicating
the
height
restriction
shall
be
included
within
the
formal
building
plan
check
submittal
prior
to
the
issuance
of
building
permits.
2 24.
The
applicant
shall
submit
a
formal
Landscape
Plan
to
the
Planning
Division
prior
to
the
issuance
of
building
permits.
The
submittal
shall
include
three
(3)
sets
of
planting
and
irrigation
plans,
a
completed
Landscape
Plan
Review
application,
and
the
applicable
review
fee.
3 4
5 25.
The
applicant
shall
plant
one
(1)
tree
every
three
(3)
parking
spaces.
All
parking
lot
trees
shall
be
a
minimum
of
fifteen
(15)
gallons
in
size,
upon
initial
planting.
Thereafter,
the
parking
lot
trees
shall
be
permanently
irrigated
and
maintained.
All
parking
lot
tree
species
shall
consist
of
evergreen
broadleaf
trees.
The
trees
shall
be
identified
on
the
formal
Landscape
Plan
submittal
prior
to
the
issuance
of
a
landscape
permit.
6 7
8 9
26. The
applicant
shall
plant
one
(1)
tree
every
thirty
(30)
feet
on-center
within
the
on-site
landscape
setbacks
along
Renaissance
Parkway
and
Locust
Avenue.
All
trees
within
the
landscape
setback
shall
be
a
minimum
of
twenty-four
(24)
inch
box
in
size,
upon
initial
planting.
Thereafter,
the
trees
within
the
landscape
setback
shall
be
permanently
irrigated
and
maintained
by
the
property
owner.
At
least
fifty
(50)
percent
of
the
trees
within
the
setback
shall
consist
of
evergreen
broadleaf
trees,
while
the
remaining
percentage
may
consist
of
broadleaf
deciduous
trees
and/or
palm
trees.
The
trees
shall
be
identified
on
the
formal
Landscape
Plan
submittal
prior
to
the
issuance
of
a
landscape
permit.
10 11
12 13
14 15
27. The
applicant
shall
plant
one
(1)
tree
every
thirty
(30)
feet
on-center
within
the
on-site
landscape
easements
along
Renaissance
Parkway
and
Locust
Avenue.
All
trees
within
the
landscape
easement
shall
be
a
minimum
of
twenty-four
(24)
inch
box
in
size,
upon
initial
planting.
Thereafter,
the
trees
within
the
landscape
setback
shall
be
permanently
irrigated
and
maintained
by
the
property
owner.
At
least
fifty
(50)
percent
of
the
trees
within
the
easement
shall
consist
of
evergreen
broadleaf
trees,
while
the
remaining
percentage
may
consist
of
broadleaf
deciduous
trees
and/or
palm
trees.
The
trees
shall
be
identified
on
the
formal
Landscape
Plan
submittal
prior
to
the
issuance
of
a
landscape
permit.
16 17
18 19
20 21
28. The
applicant
shall
plant
one
(1)
tree
every
thirty
(30)
feet
on-center
within
the
public
right-of-way
parkway
along
Renaissance
Parkway.
All
trees
within
the
public
right-of-
way
parkway
shall
be
a
minimum
of
twenty-four
(24)
inch
box
in
size,
upon
initial
planting.
Thereafter,
the
trees
within
the
public
right-of-way
parking
shall
be
permanently
irrigated
and
maintained,
as
required
by
the
Public
Works
Department.
The
street
tree
species
along
Renaissance
Parkway
shall
be
the
Lagerstromia
Indica
“Crape
Myrtle”
and/or
the
Cinnamomum
Camphora
“Camphor”.
The
street
trees
shall
be
identified
on
the
formal
Landscape
Plan
submittal
prior
to
the
issuance
of
a
landscape
permit.
22 23
24 25
26 27
29. The
applicant
shall
plant
one
(1)
tree
every
thirty
(30)
feet
on-center
within
the
public
right-of-way
parkway
along
Locust
Avenue.
All
trees
within
the
public
right-of-way
28 -9-
DocuSign
Envelope
ID:
942F45B2-3CC8-4059-B66F-21383458DFCC
1 parkway
shall
be
a
minimum
of
twenty-four
(24)
inch
box
in
size,
upon
initial
planting.
Thereafter,
the
trees
within
the
public
right-of-way
parking
shall
be
permanently
irrigated
and
maintained,
as
required
by
the
Public
Works
Department.
The
street
tree
species
along
Locust
Avenue
shall
be
the
Robinia
Idahoensis
“Idaho
Locust”.
The
street
trees
shall
be
identified
on
the
formal
Landscape
Plan
submittal
prior
to
the
issuance
of
a
landscape
permit.
2 3
4 5
30. The
applicant
shall
plant
shrubs
that
surround
all
ground
mounted
equipment
and
utility
boxes,
including
transformers,
fire-department
connections,
backflow
devices,
etc.
for
the
purpose
of
providing
screening
of
said
equipment
and
utility
boxes.
All
equipment
and
utility
box
screen
shrubs
shall
be
a
minimum
of
five
(5)
gallons
in
size
upon
initial
planting,
and
the
shrubs
shall
be
spaced
no
more
than
three
(3)
feet
on-center.
Thereafter,
the
equipment
and
utility
box
screen
shrubs
shall
be
permanently
irrigated
and
maintained
into
a
continuous
box-shape
with
a
height
of
no
less
than
three
and
one-
half
(3.5)
feet
above
the
finished
grade.
The
shrubs
shall
be
identified
on
the
formal
Landscape
Plan
submittal
prior
to
the
issuance
of
a
landscape
permit.
6 7
8 9
10 11
31. The
applicant
shall
plant
a
substantial
amount
of
trees,
shrubs,
and
groundcover
throughout
all
land
on-site
and
off-site
(adjacent
to
the
project
site)
that
is
not
covered
by
structures,
walkways,
parking
areas,
and
driveways.
Trees
shall
be
planted
a
minimum
of
thirty
(30)
feet
on-center,
and
all
shrubs
and
groundcover
shall
be
planted
an
average
of
three
(3)
feet
on-center
or
less.
All
trees
shall
be
minimum
of
fifteen
(1
5)
gallons
in
size
upon
initial
planting,
unless
otherwise
specified
herein.
At
least
fifty
(50)
percent
of
the
trees
shall
consist
of
evergreen
broadleaf
trees,
while
the
remaining
percentage
may
consist
of
broadleaf
deciduous
trees
and/or
palm
trees.
All
shrubs
shall
be
a
minimum
of
one
(1)
gallon
in
size,
unless
otherwise
specified
herein.
All
planter
areas
shall
receive
a
minimum
two
(2)
inch
thick
layer
of
brown
bark,
organic
mulch,
and/or
decorative
rock
upon
initial
planting.
Pea
gravel
and
decomposed
granite
are
not
acceptable
materials
to
use
within
planter
areas.
All
planter
areas
on-site
shall
be
permanently
irrigated
and
maintained.
The
planting
and
irrigation
shall
be
identified
on
the
formal
Landscape
Plan
submittal
prior
to
the
issuance
of
a
landscape
permit.
12 13
14 15
16 17
18 19
20 All
planting
and
irrigation
shall
be
installed
on-site
in
accordance
with
the
approved
landscape
plans
and
permit
prior
to
the
issuance
of
a
Certificate
of
Occupancy.
The
installation
of
the
planting
and
irrigation
shall
be
certified
in
writing
by
the
landscape
architect
responsible
for
preparing
the
landscape
plans
prior
to
the
issuance
of
a
Certificate
of
Occupancy.
32. 21
22 23
24 Any
tubular
steel
fencing
and/or
sliding
gates
shall
be
painted
black
prior
to
the
issuance
of
a
Certificate
of
Occupancy,
unless
specified
otherwise
herein.
33. 25
34. All
non-glass
doors
shall
be
painted
to
match
the
color
of
the
adjacent
wall
prior
to
the
issuance
of
a
Certificate
of
Occupancy.
26 27
The
applicant
shall
comply
with
all
conditions
of
approval
for
PPD
No.
2021-0059
to
the
satisfaction
of
the
City
Engineer,
prior
to
the
issuance
of
a
Certificate
of
Occupancy.
35. 28
-10-
DocuSign
Envelope
ID:
942F45B2-3CC8-4059-B66F-21383458DFCC
1 36.
All
improvements
within
the
public
right-of-way
require
a
City
of
Rialto
Encroachment
Permit.
2 3
37. The
applicant
shall
pay
all
applicable
development
impact
fees
in
accordance
with
the
current
City
of
Rialto
fee
ordinance,
including
any
Transportation
and
Traffic
Fair
Share
Contribution
fees,
prior
to
the
issuance
of
any
building
permit
related
to
the
Project.
4 5
3 8
.
The
applicant
shall
apply
for
and
complete
the
Special
District
Annexation
for
the
pub
he
street
lighting
and
the
public
landscape
and
irrigation,
including
applicable
easement
areas,
parkway
areas,
and
raised
medians
along
the
property
frontage,
as
determined
by
the
City
Engineer,
prior
to
the
issuance
of
the
Grading/On-site
Constmction
Permit.
6 7
8 39.
A
City
of
Rialto
Off-site
Construction
Permit
is
required
for
any
improvements
within
the
pub
he
right-of-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
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/Encroachment
Permit.
Note,
in
an
effort
to
simplify
the
permitting
process,
a
single
master
Off-Site
Constmction
Permit
shall
replace
individual
Encroachment
Permits
to
be
pulled
by
the
applicant's
contractor.
9 10
11 12
13 14
40. At
the
discretion
of
the
City
Engineer,
the
applicant
shall
apply
for
annexation
of
the
underlying
property
into
City
of
Rialto
Landscape
and
Lighting
Maintenance
District
No.
2 (“LLMD
2”)
or
enter
into
a
landscape
maintenance
agreement
to
be
recorded
on
the
properly.
An
application
fee
of
$5,000
shall
be
paid
at
the
time
of
application.
Annexation
into
LLMD
2 is
a
condition
of
acceptance
of
any
new
median,
parkway,
and/or
easement
landscaping,
or
any
new
public
street
lighting
improvements,
to
be
maintained
by
the
City
of
Rialto.
All
final
approved
plans
and
documents
required
for
the
annexation
shall
be
submitted
by
the
property
owner
prior
to
issuance
of
a
building
permit.
The
annexation
process
shall
be
completed
prior
to
recordation
of
any
applicable
Final
Tract/Parcel
Maps.
For
developments
with
no
Final
Maps
or
if
the
Final
Map
does
not
create
any
new
parcels,
the
annexation
process
shall
be
completed
prior
to
issuance
of
any
certificate
of
occupancy.
Due
to
the
required
City
Council
Public
Hearing
action,
the
annexation
process
takes
months
and
as
such
the
developer
is
advised
to
submit
all
plans
and
documents
required
for
Special
District
annexation
as
early-on
in
the
in
the
plan
review
and
permitting
process
to
avoid
any
delays
with
issuance
of
permit(s)
and
certificate(s)
of
occupancy
or
approval
of
final
map(s).
15 16
17 18
19 20
21 22
23 24
4 1
.
The
applicant
shall
submit
off-site
landscaping
and
irrigation
system
improvement
plans
for
review
and
approval
at
the
time
of
first
(1st)
public
improvement
plan
submittal
to
the
Public
Works
Department.
The
parkway
irrigation
system
shall
be
separately
metered
from
the
on-site
private
irrigation
to
be
maintained
for
a
period
of
one
(1)
year
and
annexed
into
a
Special
District.
The
off-site
landscape
and
irrigation
plans
must
show
separate
electrical
and
water
meters
to
be
annexed
into
the
Landscape
and
Lighting
Maintenance
District
No.
2 via
a
City
Council
Public
Hearing.
The
landscape
25 26
27 28
-11-
DocuSign
Envelope
ID:
942F45B2-3CC8-4059-B66F-21383458DFCC
1 and
irrigation
plans
shall
be
approved
concurrently
with
the
street
improvement
plans,
including
the
median
portion,
prior
to
issuance
of
a
building
permit.
The
landscaping
architect
must
contact
the
City
of
Rialto
Landscape
Contract
Specialist
at
(909)
772-
2635
to
ensure
all
landscape
and
irrigation
guidelines
are
met
prior
to
plan
approval.
Electrical
and
water
irrigation
meter
pedestals
must
not
be
designed
to
be
installed
at
or
near
street
intersections
or
within
a
raised
median
to
avoid
burdensome
traffic
control
set-up
during
ongoing
maintenance.
2 3
4 5
42. If
the
property
is
accepted
in
the
LLMD,
the
applicant
shall
guarantee
all
new
parkway
landscaping
irrigation
for
a
period
of
one
(1)
year
from
the
date
of
the
City
Engineer
acceptance.
Any
landscaping
that
fails
during
the
one-year
landscape
maintenance
period
shall
be
replaced
with
similar
plant
material
to
the
satisfaction
of
the
City
Engineer,
and
shall
be
subject
to
a
subsequent
one
year
landscape
maintenance
period.
The
applicant
must
contact
the
City
of
Rialto
Landscape
Contract
Specialist
at
(909)
772-2635
to
confirm
a
full
twelve
(12)
months’
time
of
non-interrupted
ongoing
maintenance.
6 7
8 9
10 11
43 .
The
applicant
shall
install
City
Engineer
approved
deep
root
barriers,
in
accordance
with
the
Public
Works
Landscape
and
Irrigation
Guidelines,
for
all
trees
installed
within
ten
(10)
feet
of
the
public
sidewalk
and/or
curb.
12 13
44. All
new
streetlights
shall
be
installed
on
an
independently
metered,
City-owned
underground
electrical
system.
The
developer
shall
be
responsible
for
applying
with
Southern
California
Edison
(“SCE”)
for
all
appropriate
service
points
and
electrical
meters.
New
meter
pedestals
shall
be
installed,
and
electrical
service
paid
by
the
developer,
until
such
time
as
the
underlying
property
is
annexed
into
LLMD
2. 14
15 16
17 45.
The
applicant
shall
construct
a
new
underground
electrical
system
for
public
street
lighting
improvements
along
the
project
frontages
of
Renaissance
Parkway
and
Locust
Avenue,
as
determined
necessary
by
the
City
Engineer.
New
marbelite
streetlight
poles
with
LED
light
fixtures
shall
be
installed
in
accordance
with
City
of
Rialto
Standard
Drawings.
18 19
20 21
46. The
applicant
shall
submit
street
improvement
plans
by
a
registered
California
civil
engineer
to
the
Public
Works
Engineering
Division
for
review.
The
plans
shall
be
approved
by
the
City
Engineer
prior
to
the
issuance
of
building
permits.
22 23
47. The
applicant
shall
submit
streetlight
improvement
plans
by
a
registered
California
civil
engineer
to
the
Public
Works
Engineering
Division
for
review.
The
plans
shall
be
approved
by
the
City
Engineer
prior
to
the
issuance
of
building
permits.
24 25
48. The
applicant
shall
submit
sewer
improvement
plans
by
a
registered
California
civil
engineer
to
the
Public
Works
Engineering
Division
for
review.
The
plans
shall
be
approved
by
the
City
Engineer
prior
to
the
issuance
of
building
permits.
26 27
28 -12-
DocuSign
Envelope
ID:
942F45B2-3CC8-4059-B66F-21383458DFCC
1 49.
The
applicant
shall
submit
traffic
and
signage
improvement
plans
by
a
registered
California
civil
engineer
to
the
Public
Works
Engineering
Division
for
review.
The
plans
shall
be
approved
by
the
City
Engineer
prior
to
the
issuance
of
building
permits.
2 3
50. The
applicant
shall
submit
copies
of
approved
water
improvement
plans
prepared
by
a
registered
California
civil
engineer
to
the
Public
Works
Engineering
Division
for
record
purposes.
The
plans
shall
be
approved
by
Rialto
Water
Services,
the
water
purveyor,
prior
to
the
issuance
of
building
permits.
4 5
6 51.
The
applicant
shall
submit
a
Precise
Grading/Paving
Plan
prepared
by
a
California
registered
civil
engineer
to
the
Public
Works
Engineering
Division
for
review
and
approval.
The
Grading
Plan
shall
be
approved
by
the
City
Engineer
prior
to
the
issuance
of
building
permits.
7 8
9 52.
The
applicant
shall
submit
a
Geotechnical/Soils
Report,
prepared
by
a
California
registered
Geotechnical
Engineer,
for
and
incorporated
as
an
integral
part
of
the
grading
plan
for
the
proposed
development.
A
copy
of
the
Geotechnical/Soils
Report
shall
be
submitted
to
the
Public
Works
Engineering
Division
with
the
first
submittal
of
the
Precise
Grading
Plan.
10 11
12 13
53. The
applicant
shall
submit
a
wet-signed
and
stamped
Earthwork
Cut
and
Fill
Certification
Letter
prepared
by
a
Civil
Engineer
registered
in
the
State
of
California
to
the
Public
Works
Engineering
Division
for
review.
14 15
54. The
applicant
shall
provide
pad
elevation
certification
for
all
building
pads,
in
conformance
with
the
approved
Precise
Grading
Plan,
to
the
Engineering
Division
prior
to
constmction
of
any
building
foundation.
16 17
18 55.
The
public
street
improvements
outlined
in
these
Conditions
of
Approval
are
intended
to
convey
to
the
developer
an
accurate
scope
of
required
improvements,
however,
the
City
Engineer
reserves
the
right
to
require
reasonable
additional
improvements
as
may
be
determined
in
the
course
of
the
review
and
approval
of
street
improvement
plans
required
by
these
conditions.
19 20
21 56.
The
applicant
shall
constmct
asphalt
concrete
paving
for
streets
in
two
separate
lifts.
The
final
lift
of
asphalt
concrete
pavement
shall
be
postponed
until
such
time
that
on¬
site
construction
activities
are
complete.
Unless
the
City
Engineer
provide
prior
authorization,
paving
of
streets
in
one
lift
prior
to
completion
of
on-site
constmction
is
not
allowed.
If
City
Engineer
authorized,
completion
of
asphalt
concrete
paving
for
streets
prior
to
completion
of
on-site
constmction
activities,
requires
additional
paving
requirements
prior
to
acceptance
of
the
street
improvements,
including,
but
not
limited
to:
removal
and
replacement
of
damaged
asphalt
concrete
pavement,
overlay,
slurry
seal,
or
other
repairs.
22 23
24 25
26 27
57. The
applicant
shall
repair
all
street
cuts
for
utilities
in
accordance
with
City
Standard
SC-23
1 within
72 hours
of
completion
of
the
utility
work;
and
any
interim
trench
repairs
28 -13-
DocuSign
Envelope
ID:
942F45B2-3CC8-4059-B66F-21383458DFCC
1 shall
consist
of
compacted
backfill
to
the
bottom
of
the
pavement
structural
section
followed
by
placement
of
standard
base
course
material
in
accordance
with
the
Standard
Specifications
for
Public
Work
Construction
(“Greenbook”).
The
base
course
material
shall
be
placed
the
full
height
of
the
structural
section
to
be
flush
with
the
existing
pavement
surface
and
provide
a
smooth
pavement
surface
until
permanent
cap
paving
occurs
using
an
acceptable
surface
course
material.
2 3
4 5
58. In
accordance
with
City
Ordinance
No.
1589,
adopted
to
preserve
newly
paved
streets,
any
and
all
street
and/or
trench
cuts
in
newly
paved
streets
will
be
subject
to
moratorium
street
repair
standards
as
reference
in
Section
1 1
.04.
145
of
the
Rialto
Municipal
Code.
6 7
5 9
.
The
applicant
shall
backfill
and/or
repair
any
and
all
utility
trenches
or
other
excavations
within
existing
asphalt
concrete
pavement
of
off-site
streets
resulting
from
the
proposed
development,
in
accordance
with
City
of
Rialto
Standard
Drawings.
The
applicant
shall
be
responsible
for
removing,
grinding,
paving
and/or
overlaying
existing
asphalt
concrete
pavement
of
off-site
streets
including
pavement
repairs
in
addition
to
pavement
repairs
made
by
utility
companies
for
utilities
installed
for
the
benefit
of
the
proposed
development
(i.e.
West
Valley
Water
District,
Southern
California
Edison,
Southern
California
Gas
Company,
Time
Warner,
Verizon,
etc.).
Multiple
excavations,
trenches,
and
other
street
cuts
within
existing
asphalt
concrete
pavement
of
off-site
streets
resulting
from
the
proposed
Project
may
require
complete
grinding
and
asphalt
concrete
overlay
of
the
affected
off-site
streets,
at
the
discretion
of
the
City
Engineer.
The
pavement
condition
of
the
existing
off-site
streets
shall
be
returned
to
a
condition
equal
to
or
better
than
what
existed
prior
to
construction
of
the
proposed
Project.
8 9
10 11
12 13
14 15
16 60.
The
applicant
shall
install
underground
all
existing
electrical
distribution
lines
of
sixteen
thousand
volts
or
less
and
overhead
service
drop
conductors,
and
all
telephone,
television
cable
service,
and
similar
service
wires
or
lines,
which
are
on-site,
abutting,
and/or
transecting
the
site,
in
accordance
with
Chapter
15.32 of
the
Rialto
Municipal
Code.
Utility
undergrounding
shall
extend
to
the
nearest
off-site
power
pole.
Unless
City
Engineer
approved,
no
new
power
poles
shall
be
installed.
A
letter
from
the
owners
of
the
affected
utilities
shall
be
submitted
to
the
City
Engineer
prior
to
approval
of
the
Precise
Grading/Paving
Plan,
informing
the
City
that
they
have
been
notified
of
the
City’s
utility
undergrounding
requirement
and
their
intent
to
commence
design
of
utility
undergrounding
plans.
When
available,
the
utility
undergrounding
plan
shall
be
submitted
to
the
City
Engineer
identifying
all
above
ground
facilities
in
the
area
of
the
project
to
be
undergrounded.
17 18
19 20
21 22
23 24
61. The
applicant
shall
replace
all
damaged,
destroyed,
or
modified
pavement
legends,
traffic
control
devices,
signing,
striping,
and
streetlights,
associated
with
the
proposed
development
shall
be
replaced
as
required
by
the
City
Engineer
prior
to
issuance
of
a
Certificate
of
Occupancy.
25 26
27 62.
The
applicant
shall
reconstruct
any
broken,
chipped,
or
unsatisfactory
sidewalks
or
curbs
along
the
entire
project
frontage,
in
accordance
with
the
General
Plan
and
the
City
28 -14-
DocuSign
Envelope
ID:
942F45B2-3CC8-4059-B66F-21383458DFCC
1 of
Rialto
Standard
Drawings,
as
required
by
the
City
Engineer,
prior
to
the
issuance
of
a
Certificate
of
Occupancy.
2 63.
The
applicant
shall
provide
construction
signage,
lighting
and
barricading
shall
be
provided
during
all
phases
of
construction
as
required
by
City
Standards
or
as
directed
by
the
City
Engineer.
As
a
minimum,
all
construction
signing,
lighting
and
barricading
shall
be
in
accordance
with
Part
6 “Temporary
Traffic
Control”
of
the
2014
California
Manual
on
Uniform
Traffic
Control
Devices,
or
subsequent
editions
in
force
at
the
time
of
construction.
3 4
5 6
7 64.
Upon
approval
of
any
improvement
plan
by
the
City
Engineer,
the
applicant
shall
provide
the
improvement
plan
to
the
City
in
digital
format,
consisting
of
a
DWG
(AutoCAD
drawing
file),
DXF
(AutoCAD
ASCII
drawing
exchange
file),
and
PDF
(Adobe
Acrobat)
formats.
Variation
of
the
type
and
format
of
the
digital
data
to
be
submitted
to
the
City
may
be
authorized,
upon
prior
approval
by
the
City
Engineer.
8 9
10 65.
The
applicant
shall
construct
4-inch
conduit
within
the
parkway
area
along
the
entire
project
frontages
of
Renaissance
Parkway
and
Locust
Avenue
for
future
use,
prior
to
the
issuance
of
a
Certificate
of
Occupancy.
11 12
13 66.
The
applicant
shall
dedicate
additional
right-of-way
along
the
entire
frontage
of
Renaissance
Parkway,
as
necessary,
to
provide
the
ultimate
half-width
of
54 feet,
as
required
by
the
City
Engineer.
14 15
67. The
applicant
shall
dedicate
a
10-foot-wide
landscape
easement
along
the
entire
project
frontage
of
Renaissance
Parkway,
as
required
by
the
City
Engineer.
16 17
68. The
applicant
shall
dedicate
additional
right-of-way
along
the
entire
frontage
of
Locust
Avenue,
as
necessary,
to
provide
the
ultimate
half-width
of
42 feet,
as
required
by
the
City
Engineer.
18 19
69. The
applicant
shall
dedicate
an
8-foot-wide
landscape
easement
along
the
entire
project
frontage
of
Locust
Avenue,
as
required
by
the
City
Engineer.
20 21
70. The
applicant
shall
dedicate
additional
right-of-way
as
may
be
required
to
provide
a
property
line
comer
cutback
at
the
northwest
comer
of
the
intersection
of
Renaissance
Parkway
and
Locust
Avenue,
in
accordance
with
City
Standard
SC
-23
5,
as
required
by
the
City
Engineer.
22 23
24 71.
The
applicant
shall
dedicate
additional
right-of-way
as
may
be
required
to
provide
property
line
comer
cutbacks
at
the
northeast
and
northwest
comers
of
the
intersection
of
Renaissance
Parkway
and
the
easterly
driveway
connected
to
Renaissance
Parkway,
in
accordance
with
City
Standard
SC-235,
as
required
by
the
City
Engineer.
25 26
27 72.
The
applicant
shall
dedicate
additional
right-of-way
as
may
be
required
to
provide
a
property
line
comer
cutback
at
the
northeast
comer
of
the
intersection
of
Renaissance
28 -15-
DocuSign
Envelope
ID:
942F45B2-3CC8-4059-B66F-21383458DFCC
1 Parkway
and
the
westerly
driveway
connected
to
Renaissance
Parkway,
in
accordance
with
City
Standard
SC-235,
as
required
by
the
City
Engineer.
2 73.
The
applicant
shall
dedicate
additional
right-of-way
as
may
be
required
to
provide
property
line
comer
cutbacks
at
the
northwest
and
southwest
comers
of
the
intersection
of
Locust
Avenue
and
the
driveway
connected
to
Locust
Avenue,
in
accordance
with
City
Standard
SC-235,
as
required
by
the
City
Engineer.
3 4
5 74.
The
applicant
shall
construct
one
(1)
new
forty
(40)
foot
wide
commercial
driveway
approach
on
Renaissance
Parkway,
in
accordance
with
City
of
Rialto
Standard
Drawings,
or
as
otherwise
approved
by
the
City
Engineer.
Nothing
shall
be
constructed
or
planted
in
the
comer
cut-off
area
which
does
exceed
or
will
exceed
30 inches
in
height
in
order
to
maintain
an
appropriate
comer
sight
distance,
as
required
by
the
City
Engineer.
6 7
8 9
10 75.
The
applicant
shall
construct
one
(1)
new
thirty-two
(32)
foot
wide
commercial
driveway
approach
on
Locust
Avenue,
in
accordance
with
City
of
Rialto
Standard
Drawings,
or
as
otherwise
approved
by
the
City
Engineer.
Nothing
shall
be
constructed
or
planted
in
the
comer
cut-off
area
which
does
exceed
or
will
exceed
30 inches
in
height
in
order
to
maintain
an
appropriate
comer
sight
distance,
as
required
by
the
City
Engineer.
11 12
13 14
76. The
applicant
shall
expand
the
existing
shared
commercial
driveway
approach
on
Renaissance
Parkway
to
a
width
of
sixty
(60)
feet,
in
accordance
with
City
of
Rialto
Standard
Drawings,
or
as
otherwise
approved
by
the
City
Engineer.
Nothing
shall
be
constructed
or
planted
in
the
comer
cut-off
area
which
does
exceed
or
will
exceed
30 inches
in
height
in
order
to
maintain
an
appropriate
comer
sight
distance,
as
required
by
the
City
Engineer
15 16
17 18
77. The
applicant
shall
construct
a
curb
ramp
meeting
current
California
State
Accessibility
standards
at
the
northwest
comer
of
the
intersection
of
Renaissance
Parkway
and
Locust
Avenue,
in
accordance
with
the
City
of
Rialto
Standard
Drawings.
The
developer
shall
ensure
that
an
appropriate
path
of
travel,
meeting
ADA
guidelines,
is
provided
across
the
westerly
driveway,
and
shall
adjust
the
location
of
the
access
ramps,
if
necessary,
to
meet
ADA
guidelines,
subject
to
the
approval
of
the
City
Engineer.
If
necessary,
additional
pedestrian
and
sidewalk
easements
shall
be
provided
on-site
to
construct
a
path
of
travel
meeting
ADA
guidelines.
19 20
21 22
23 24
78. The
applicant
shall
constmct
a
curb
ramp
meeting
current
California
State
Accessibility
standards
at
the
northeast
comer
of
the
intersection
of
Renaissance
Parkway
and
the
westerly
driveway
connected
to
Renaissance
Parkway,
in
accordance
with
the
City
of
Rialto
Standard
Drawings.
The
developer
shall
ensure
that
an
appropriate
path
of
travel,
meeting
ADA
guidelines,
is
provided
across
the
westerly
driveway,
and
shall
adjust
the
location
of
the
access
ramps,
if
necessary,
to
meet
ADA
guidelines,
subject
to
the
approval
of
the
City
Engineer.
If
necessary,
additional
pedestrian
and
sidewalk
25 26
27 28
-16-
DocuSign
Envelope
ID:
942F45B2-3CC8-4059-B66F-21383458DFCC
1 easements
shall
be
provided
on-site
to
construct
a
path
of
travel
meeting
ADA
guidelines.
2 The
applicant
shall
construct
a
curb
ramps
meeting
current
California
State
Accessibility
standards
at
both
the
northeast
and
northwest
comers
of
the
intersection
of
Renaissance
Parkway
and
the
easterly
driveway,
in
accordance
with
the
City
of
Rialto
Standard
Drawings.
The
developer
shall
ensure
that
an
appropriate
path
of
travel,
meeting
ADA
guidelines,
is
provided
across
the
easterly
driveway,
and
shall
adjust
the
location
of
the
access
ramps,
if
necessary,
to
meet
ADA
guidelines,
subject
to
the
approval
of
the
City
Engineer.
If
necessary,
additional
pedestrian
and
sidewalk
easements
shall
be
provided
on-site
to
construct
a
path
of
travel
meeting
ADA
guidelines.
79. 3
4 5
6 7
8 The
applicant
shall
construct
a
curb
ramps
meeting
current
California
State
Accessibility
standards
at
both
the
northwest
and
southwest
comers
of
the
intersection
of
Locust
Avenue
and
the
driveway
connected
to
Locust
Avenue,
in
accordance
with
the
City
of
Rialto
Standard
Drawings.
The
developer
shall
ensure
that
an
appropriate
path
of
travel,
meeting
ADA
guidelines,
is
provided
across
the
easterly
driveway,
and
shall
adjust
the
location
of
the
access
ramps,
if
necessary,
to
meet
ADA
guidelines,
subject
to
the
approval
of
the
City
Engineer.
If
necessary,
additional
pedestrian
and
sidewalk
easements
shall
be
provided
on-site
to
construct
a
path
of
travel
meeting
ADA
guidelines.
80. 9
10 11
12 13
14 The
applicant
shall
construct
a
5-foot-
wide
sidewalk
located
10 feet
behind
the
edge
of
curb
along
the
entire
project
frontage
of
Renaissance
Parkway,
in
accordance
with
City
of
Rialto
Standard
Drawings.
81. 15
16 17
At
the
discretion
of
the
City
Engineer,
the
applicant
shall
construct
a
5-foot-wide
sidewalk
located
5 feet
behind
the
edge
of
curb
along
the
entire
project
frontage
of
Locust
Avenue,
in
accordance
with
City
of
Rialto
Standard
Drawings.
82. 18
19 The
applicant
shall
install
“No
Stopping
Anytime”
R26A(S)(CA)
signage
along
the
entire
project
frontages
of
Renaissance
Parkway
and
Locust
Avenue,
as
required
by
the
City
Engineer.
83. 20
21 22
The
applicant
shall,
as
determined
necessary
by
the
City
Engineer,
remove
existing
pavement
and
construct
new
pavement
with
a
minimum
pavement
section
of
4 inches
asphalt
concrete
pavement
over
6 inches
cmshed
aggregate
base
with
a
minimum
subgrade
of
24 inches
at
95%
relative
compaction,
or
equal,
along
the
entire
project
frontages
of
Renaissance
Parkway
and
Locust
Avenue
in
accordance
with
City
of
Rialto
Standard
Drawings.
The
pavement
section
shall
be
determined
using
a
Traffic
Index
(“TP’)
of
6. The
pavement
section
shall
be
designed
by
a
California
registered
Geotechnical
Engineer
using
"R"
values
from
the
project
site
and
submitted
to
the
City
Engineer
for
approval.
Pavement
shall
extend
from
clean
sawcut
edge
of
pavement
at
centerline
of
each
street.
84. 23
24 25
26 27
28 -17-
DocuSign
Envelope
ID:
942F45B2-3CC8-4059-B66F-21383458DFCC
1 85.
The
minimum
pavement
section
for
all
on-site
pavements
shall
be
2lA
inches
asphalt
concrete
pavement
over
4 inches
crushed
aggregate
base
with
a
minimum
subgrade
of
24 inches
at
95%
relative
compaction,
or
equal.
If
an
alternative
pavement
section
is
proposed,
the
proposed
pavement
section
shall
be
designed
by
a
California
registered
Geotechnical
Engineer
using
"R"
values
from
the
project
site
and
submitted
to
the
City
Engineer
for
approval.
2 3
4 5
86. The
applicant
shall
connect
the
project
to
the
City
of
Rialto
sewer
system
and
apply
for
a
sewer
connection
account
with
Rialto
Water
Services.
6 7
87. Domestic
water
service
to
the
underlying
property
is
provided
by
Rialto
Water
Services.
The
applicant
shall
be
responsible
for
coordinating
with
Rialto
Water
Services
and
complying
with
all
requirements
for
establishing
domestic
water
service
to
the
property.
The
design
must
include
fire
hydrants
along
Renaissance
Parkway
and
Locust
Avenue.
8 9
10 88.
The
applicant
shall
install
a
new
domestic
water
line
lateral
connection
to
the
main
water
line
within
Renaissance
Parkway,
pursuant
to
the
Rialto
Water
Services
requirements.
A
water
line
plan
shall
be
approved
by
Rialto
Water
Services
prior
to
the
issuance
of
building
permits.
11 12
13 89.
The
applicant
shall
provide
certification
from
Rialto
Water
Services
that
demonstrates
that
all
water
and/or
wastewater
service
accounts
for
the
project
are
documented,
prior
to
the
issuance
of
a
Certificate
of
Occupancy
or
final
inspection
approval
from
the
Public
Works
Engineering
Division.
14 15
16 90.
All
sewer
mains
constructed
by
the
applicant,
as
necessary,
are
to
become
part
of
the
public
sewer
system
and
shall
be
pressure
tested
and
digitally
video
recorded
by
the
City’s
wastewater
system
operator
(Veolia)
prior
to
acceptance
of
the
sewer
system
for
maintenance
by
the
City.
The
developer
shall
be
responsible
for
all
costs
associated
with
testing
and
inspection
services.
Any
defects
of
the
sewer
main
shall
be
removed,
replaced,
or
repaired
to
the
satisfaction
of
the
City
Engineer
prior
to
acceptance.
17 18
19 20
91 .
The
applicant
shall
submit
a
Water
Quality
Management
Plan
identifying
site
specific
Best
Management
Practices
(“BMPs”)
in
accordance
with
the
Model
Water
Quality
Management
Plan
(“WQMP”)
approved
for
use
for
the
Santa
Ana
River
Watershed.
The
site
specific
WQMP
shall
be
submitted
to
the
City
Engineer
for
review
and
approval
with
the
Precise
Grading
Plan.
A
WQMP
Maintenance
Agreement
shall
be
required,
obligating
the
property
owner(s)
to
appropriate
operation
and
maintenance
obligations
of
on-site
BMPs
constructed
pursuant
to
the
approved
WQMP.
The
WQMP
and
Maintenance
Agreement
shall
be
approved
prior
to
issuance
of
a
building
permit,
unless
otherwise
allowed
by
the
City
Engineer.
The
development
of
the
Site
is
subject
to
the
requirements
of
the
National
Pollution
Discharge
Elimination
System
(NPDES)
Permit
for
the
City
of
Rialto,
issued
by
the
Santa
Ana
Regional
Water
Quality
Control
Board,
Board
Order
No.
R8-2010-0036.
Pursuant
to
the
NPDES
Permit,
the
Applicant
shall
ensure
development
of
the
site
incorporates
post-construction
Best
Management
Practices
(“BMPs”)
in
accordance
with
the
Model
Water
Quality
Management
Plan
21 22
23 24
25 26
27 28
-18-
DocuSign
Envelope
ID:
942F45B2-3CC8-4059-B66F-21383458DFCC
1 (“WQMP”)
approved
for
use
for
the
Santa
Ana
River
Watershed.
The
Applicant
is
advised
that
applicable
Site
Design
BMPs
will
be
required
to
be
incorporated
into
the
final
site
design,
pursuant
to
a
site
specific
WQMP
submitted
to
the
City
Engineer
for
review
and
approval.
2 3
4 92.
The
applicant
shall
prepare
a
Notice
of
Intent
(NOI)
to
comply
with
the
California
General
Construction
Stormwater
Permit
(Water
Quality
Order
2009-0009-DWQ
as
modified
September
2,
2009)
is
required
via
the
California
Regional
Water
Quality
Control
Board
online
SMARTS
system.
A
copy
of
the
executed
letter
issuing
a
Waste
Discharge
Identification
(WDID)
number
shall
be
provided
to
the
City
Engineer
prior
to
issuance
of
a
grading
or
building
permit.
The
applicant’s
contractor
shall
prepare
and
maintain
a
Storm
Water
Pollution
Prevention
Plan
(“SWPPP”)
as
required
by
the
General
Construction
Permit.
All
appropriate
measures
to
prevent
erosion
and
water
pollution
during
construction
shall
be
implemented
as
required
by
the
SWPPP.
5 6
7 8
9 10
93 .
Prior
to
issuance
of
a
certificate
of
occupancy
or
final
City
approvals,
the
applicant
shall
demonstrate
that
all
structural
BMP’s
have
been
constructed
and
installed
in
conformance
with
approved
plans
and
specifications,
and
as
identified
in
the
approved
WQMP.
11 12
13 94.
All
stormwater
runoff
passing
through
the
site
shall
be
accepted
and
conveyed
across
the
property
in
a
manner
acceptable
to
the
City
Engineer.
For
all
stormwater
runoff
falling
on
the
site,
on-site
retention
or
other
facilities
approved
by
the
City
Engineer
shall
be
required
to
contain
the
increased
stormwater
runoff
generated
by
the
development
of
the
property.
Provide
a
hydrology
study,
prepared
by
a
Civil
Engineer,
to
determine
the
volume
of
increased
stormwater
runoff
due
to
development
of
the
site,
and
to
determine
required
stormwater
runoff
mitigation
measures
for
the
proposed
development.
Final
retention
basin
sizing
and
other
stormwater
runoff
mitigation
measures
shall
be
determined
upon
review
and
approval
of
the
hydrology
study
by
the
City
Engineer
and
may
require
redesign
or
changes
to
site
configuration
or
layout
consistent
with
the
findings
of
the
final
hydrology
study.
The
volume
of
increased
stormwater
runoff
to
retain
on-site
shall
be
determined
by
comparing
the
existing
“pre¬
developed”
condition
and
proposed
“developed”
condition,
using
the
100-year
frequency
storm.
All
on-site
and
off-site
designs
must
comply
with
Federal
(NPDES),
State,
Regional,
and
City
stormwater
regulations.
14 15
16 17
18 19
20 21
22 95.
Direct
release
of
on-site
nuisance
water
or
stormwater
runoff
shall
not
be
permitted
to
the
adjacent
public
streets.
Provisions
for
the
interception
of
nuisance
water
from
entering
adjacent
public
streets
from
the
project
site
shall
be
provided
through
the
use
of
a
minor
storm
drain
system
that
collects
and
conveys
nuisance
water
to
landscape
or
parkway
areas,
and
in
only
a
stormwater
runoff
condition,
pass
runoff
directly
to
the
streets
through
parkway
or
under
sidewalk
drains.
All
on-site
and
off-site
designs
must
comply
with
NPDES
stormwater
regulations.
23 24
25 26
27 96.
Any
utility
trenches
or
other
excavations
within
existing
asphalt
concrete
pavement
of
off-site
streets
required
by
the
proposed
development
shall
be
backfilled
and
repaired
in
28 -19-
DocuSign
Envelope
ID:
942F45B2-3CC8-4059-B66F-21383458DFCC
1 accordance
with
City
of
Rialto
Standard
Drawings.
The
Applicant
shall
be
responsible
for
removing,
grinding,
paving
and/or
overlaying
existing
asphalt
concrete
pavement
of
off-site
streets
as
required
by
and
at
the
discretion
of
the
City
Engineer,
including
additional
pavement
repairs
to
pavement
repairs
made
by
utility
companies
for
utilities
installed
for
the
benefit
of
the
proposed
development
(i.e.
Rialto
Water
Services,
Southern
California
Edison,
Southern
California
Gas
Company,
Spectrum,
Verizon,
etc.).
Multiple
excavations,
trenches,
and
other
street
cuts
within
existing
asphalt
concrete
pavement
of
off-site
streets
required
by
the
proposed
development
may
require
complete
grinding
and
asphalt
concrete
overlay
of
the
affected
off-site
streets,
at
the
discretion
of
the
City
Engineer.
The
pavement
condition
of
the
existing
off-site
streets
shall
be
returned
to
a
condition
equal
to
or
better
than
existed
prior
to
constmction
of
the
proposed
development.
2 3
4 5
6 7
8 97.
The
applicant
shall
pay
the
Project
Fair
Share
Cost
of
$228,145
established
by
the
Traffic
Analysis
(June
2022)
prepared
for
the
project,
and
as
recommended
by
the
Transportation
Commission
on
June
6,
2022,
prior
to
the
issuance
of
any
building
permits.
9 10
11 98.
The
original
improvement
plans
prepared
for
the
proposed
development
and
approved
by
the
City
Engineer
(if
required)
shall
be
documented
with
record
drawing
“as-built”
information
and
returned
to
the
Engineering
Division
prior
to
issuance
of
a
final
certificate
of
occupancy.
Any
modifications
or
changes
to
approved
improvement
plans
shall
be
submitted
to
the
City
Engineer
for
approval
prior
to
construction.
12 13
14 15
99. The
applicant
shall
adhere
to
the
City
Council
approved
franchise
agreements
and
disposal
requirements
during
all
construction
activities,
in
accordance
with
Section
8.08 (Refuse
Collection
of
the
City
of
Rialto
Municipal
Code).
16 17
18 100.
Prior
to
commencing
with
any
grading,
the
applicant
shall
implement
the
required
erosion
and
dust
control
measures
shall
be
in
place.
In
addition,
the
following
shall
be
included
if
not
already
identified:
19 20
a.
6 foot
high
tan
colored
perimeter
screened
fencing
21 b.
Contractor
information
signage
including
contact
information
along
the
street
frontages
of
Renaissance
Parkway
and
Locust
Avenue.
22 23
c.
Post
dust
control
signage
with
the
following
verbiage:
“Project
Name,
WDID
No.,
IF
YOU
SEE
DUST
COMING
FROM
THIS
PROJECT
CALL:
NAME
(XXX)
XXX-XXX,
If
you
do
not
receive
a
response,
please
call
the
AQMD
at
1-800-
CUT
-SMOG/
1 -
800-22
8-7
664”
24 25
26 101.
The
applicant
shall
remove
any
graffiti
within
24 hours,
before,
during,
and
post
constmction.
27 28
-20-
DocuSign
Envelope
ID:
942F45B2-3CC8-4059-B66F-21383458DFCC
1 102.
The
applicant
shall
submit
lull
architectural
and
structural
plans
with
all
mechanical,
electrical,
and
plumbing
plans,
structural
calculations,
truss
calculations
and
layout,
rough
grading
plans
approved
by
Public
Works
Engineering,
Water
Quality
Management
Plan,
Erosion
Control
Plan,
Stormwater
Pollution
Prevention
Plan,
and
Title
24 Energy
Calculations
to
the
Building
Division
for
plan
check
and
review,
prior
to
the
issuance
of
building
permits.
2 3
4 5
103.
The
applicant
shall
provide
a
Scope
of
Work
on
the
title
page
of
the
architectural
plan
set.
The
Scope
of
Work
shall
call
out
all
work
to
be
permitted
(ex.
Main
structure,
perimeter
walls,
trash
enclosure,
etc.).
6 7
The
applicant
shall
design
the
structures
in
accordance
with
the
2019
California
Building
Code,
2019
California
Mechanical
Code,
2019
California
Plumbing
Code,
and
the
2019
California
Electrical
Code,
2019
Residential
Code
and
the
2019
California
Green
Buildings
Standards
adopted
by
the
State
of
California.
104.
8 9
10 The
applicant
shall
design
the
structures
to
withstand
ultimate
wind
speed
of
130
miles
per
hour,
exposure
C
and
seismic
zone
D.
105.
11 12
106.
The
applicant
shall
submit
fire
sprinkler,
fire
alarm
systems,
and
fire
hydrant
plans
to
the
Building
Division
for
plan
review
concurrently
with
building
plans
and
shall
be
approved
prior
to
the
issuance
of
a
building
permit.
13 14
The
applicant
shall
obtain
an
Electrical
Permit
from
the
Building
Division
for
any
temporaiy
electrical
power
required
during
construction.
No
temporary
electrical
power
will
be
granted
to
a
project
unless
one
of
the
following
items
is
in
place
and
approved
by
the
Building
Division:
(A)
Installation
of
a
construction
trailer,
or,
(B)
Security
fencing
around
the
area
where
the
electrical
power
will
be
located.
107.
15 16
17 18
108.
The
applicant
shall
install
temporary
construction
fencing
and
screening
around
the
perimeter
of
the
project
site.
The
fencing
and
screening
shall
be
maintained
at
all
times
during
construction
to
protect
pedestrians.
19 20
21 The
applicant
shall
install
any
required
temporary
construction
trailer
on
private
property.
No
trailers
are
allowed
to
be
located
within
the
public
right-of-way.
The
trailer
shall
be
removed
prior
to
the
issuance
of
a
Certificate
of
Occupancy.
109.
22 23
The
applicant
shall
design
and
construct
accessible
paths
of
travel
from
the
building’s
accessible
entrances
to
the
public
right-of-way,
accessible
parking,
and
the
trash
enclosure.
Paths
of
travel
shall
incorporate
(but
not
limited
to)
exterior
stairs,
landings,
walks
and
sidewalks,
pedestrian
ramps,
curb
ramps,
warning
curbs,
detectable
warning,
signage,
gates,
lifts
and
walking
surface
materials,
as
necessary.
The
accessible
route(s)
of
travel
shall
be
the
most
practical
direct
route
between
accessible
building
entrances,
site
facilities,
accessible
parking,
public
sidewalks,
and
the
accessible
entrance(s)
to
the
site,
California
Building
Code,
(CBC)
Chapter
11,
Sec,
1 1
A
and
1 IB.
110.
24 25
26 27
28 -21-
DocuSign
Envelope
ID:
942F45B2-3CC8-4059-B66F-21383458DFCC
1 111.
Prior
to
issuance
of
a
Building
Permit
all
of
the
following
must
be
in
place
on
the
Site:
a
portable
toilet
with
hand
wash
station,
all
BMP’s,
fencing
and
signage
on
each
adjacent
street
saying
"If
there
is
any
dust
or
debris
coming
from
this
site
please
contact
(superintendent
number
here)
or
the
AQMD
if
the
problem
is
not
being
resolved"
or
something
similar
to
this.
2 3
4 112.
The
applicant
shall
provide
temporary
toilet
facilities
for
the
construction
workers.
The
toilet
facilities
shall
always
be
maintained
in
a
sanitary
condition.
The
construction
toilet
facilities
of
the
non-sewer
type
shall
conform
to
ANSI
ZA.3.
5 6
7 113.
The
applicant
shall
underground
all
on
site
utilities
to
the
new
proposed
structures,
prior
to
the
issuance
of
a
Certificate
of
Occupancy,
unless
prior
approval
has
been
obtained
by
the
utility
company
or
the
City.
8 9
114.
Prior
to
issuance
of
Building
Permits,
site
grading
final
and
pad
certifications
shall
be
submitted
to
the
Building
Division,
which
include
elevation,
orientation,
and
compaction.
The
certifications
are
required
to
be
signed
by
the
engineer
of
record.
10 11
115.
The
applicant
shall
provide
proof
of
payment
to
the
Rialto
Unified
School
District
for
all
required
school
fees,
prior
to
the
issuance
of
a
building
permit.
12 13
116.
Site
facilities
such
as
parking
open
or
covered,
recreation
facilities,
and
trash
dumpster
areas,
and
common
use
areas
shall
be
accessible
per
the
California
Building
Code,
Chapter
11. 14
15 16
1 1
7. The
applicant
shall
place
a
copy
of
the
Conditions
of
Approval
herein
on
within
the
building
plan
check
submittal
set
and
include
the
PPD
number
on
the
right
bottom
comer
cover
page
in
20 point
bold,
prior
to
the
issuance
of
a
building
permit.
17 18
118.
The
applicant
shall
ensure
that
a
minimum
of
65%
of
all
construction
and
demo
debris
shall
be
recycled
using
an
approved
City
of
Rialto
recycling
facility
during
construction.
Copies
of
receipts
for
recycling
shall
be
provided
to
the
City
Inspector
and
a
copy
shall
be
placed
in
the
office
of
the
construction
site.
19 20
21 119.
Prior
to
issuance
of
Building
Permits,
on
site
water
service
shall
be
installed
and
approved
by
the
responsible
agency.
On
site
fire
hydrants
shall
be
approved
by
the
Fire
Department.
No
flammable
materials
will
be
allowed
on
the
site
until
the
fire
hydrants
are
established
and
approved.
22 23
24 120.
The
applicant
shall
comply
with
all
applicable
requirements
of
the
California
Fire
Code
and
Chapter
15.28 (Fire
Code)
of
the
Rialto
Municipal
Code.
25 26
121.
The
applicant
shall
illuminate
all
walkways,
passageways,
and
locations
where
pedestrians
are
likely
to
travel
with
a
minimum
of
1.5-foot
candles
(at
surface
level)
of
light
during
the
hours
of
darkness.
Lighting
shall
be
designed/constructed
in
such
a
manner
as
to
automatically
turn
on
at
dusk
and
turn
off
at
dawn.
27 28
-22-
DocuSign
Envelope
ID:
942F45B2-3CC8-4059-B66F-21383458DFCC
1 122.
The
applicant
shall
illuminate
all
alleyways,
driveways,
and
uncovered
parking
areas
with
a
minimum
of
1.5 -foot
candles
(at
surface
level)
of
light
during
the
hours
of
darkness.
Lighting
shall
be
designed/constructed
in
such
a
manner
as
to
automatically
turn
on
at
dusk
and
turn
off
at
dawn.
2 3
4 123.
The
applicant
shall
illuminate
all
loading
dock
areas,
truck
well
areas,
and
delivery
areas
with
a
minimum
of
2.0 foot-candles
(at
surface
level)
of
light
during
the
hours
of
darkness.
Lighting
shall
be
designed/constructed
in
such
a
manner
as
to
automatically
turn
on
at
dusk
and
turn
off
at
dawn.
5 6
7 124.
The
applicant
shall
design/construct
all
lighting
fixtures
and
luminaries,
including
supports,
poles
and
brackets,
in
such
a
manner
as
to
resist
vandalism
and/or
destmction
by
hand.
8 9
10 125.
The
applicant
shall
provide
an
illuminated
channel
letter
address
prominently
placed
on
the
building
to
be
visible
to
the
front
of
the
location
and
if
applicable,
visible
from
the
main
street
to
which
they
are
located
(e.g.
commercial
building
facing
the
interior
of
the
property
would
require
two
address
signs
if
located
adjacent
to
a
roadway),
prior
to
the
issuance
of
a
Certificate
of
Occupancy.
11 12
13 126.
At
the
discretion
of
the
Rialto
Police
Department,
the
applicant
shall
install
exterior
security
cameras
at
the
location
that
cover
the
entire
Site,
prior
to
the
issuance
of
a
Certificate
of
Occupancy.
The
security
cameras
shall
be
accessible
to
the
Rialto
Police
Department
via
FusionONE
web
application.
14 15
16 127.
The
applicant
shall
install
Knox
boxes
immediately
adjacent
to
the
main
entrance
of
the
building
and
at
least
one
(1)
rear
entrance
on
the
building
to
facilitate
the
entry
of
safety
personnel.
The
Knox
boxes
shall
be
installed
in
such
a
manner
as
to
be
alarmed,
resist
vandalism,
removal,
or
destruction
by
hand,
and
be
fully
recessed
into
the
building.
The
Knox
boxes
shall
be
equipped
with
the
appropriate
keys,
for
each
required
location,
prior
to
the
first
day
of
business.
The
Knox-Box
placement
shall
be
shown
on
the
formal
building
plan
review
submittal
prior
to
the
issuance
of
a
building
permit.
17 18
19 20
21 128.
The
applicant
shall
prominently
display
the
address
on
the
building
rooftop
to
be
visible
to
aerial
law
enforcement
or
fire
aircraft.
Specifications
to
be
followed
for
alphanumeric
characters
are
as
follows:
Three
(3)
foot
tall
and
six
(6)
inches
thick
alphanumeric
characters.
The
alphanumeric
characters
shall
be
constructed
in
such
a
way
that
they
are
in
stark
contrast
to
the
background
to
which
they
are
attached
(e.g.
white
numbers
and
letters
on
a
black
background),
and
resistant
weathering
that
would
cause
a
degradation
of
the
contrast.
22 23
24 25
26 129.
The
applicant
shall
provide
an
audible
alarm
within
the
building,
prior
to
the
issuance
of
a
Certificate
of
Occupancy.
The
building
shall
be
alarmed
in
such
a
way
as
to
emit
a
continuous
audible
notification
until
reset
by
responsible
personnel
(e.g.
alarmed
exit
device
/
crash
bar).
27 28
-23-
DocuSign
Envelope
ID:
942F45B2-3CC8-4059-B66F-21383458DFCC
1 130.
The
applicant
or
General
Contractor
shall
identify
each
contractor
and
subcontractor
hired
to
work
at
the
job
site
on
a
Contractor
Sublist
form
and
return
it
to
the
Business
License
Division
with
a
Business
License
application
and
the
Business
License
tax
fee
based
on
the
Contractors
tax
rate
for
each
contractor.
2 3
4 131.
Prior
to
issuance
of
a
Certificate
of
Occupancy,
the
Lessor
of
the
property
shall
pay
a
business
license
tax
based
on
the
Rental
Income
Property
tax
rate.
5 6
SECTION
5. The
Mayor
shall
sign
the
passage
and
adoption
of
this
resolution
and
thereupon
the
same
shall
take
effect
and
be
in
force.
7 8
9 PASSED,
APPROVED
AND
ADOPTED
this
26th
day
of
July,
2022.
10 11
12 DEBORAH
ROBERTSON,
MAYOR
13 14
15 ATTEST:
16 17
18 jVfWa,
L
Alette
19 BARBARA
MCGEE,
CITY
CLERK
20 21
APPROVED
AS
TO
FORM:
22 23
24 ERIC
S.
VAIL,
CITY
ATTORNEY
25 26
27 28
-24-
DocuSign
Envelope
ID:
942F45B2-3CC8-4059-B66F-21383458DFCC
1 STATE
OF
CALIFORNIA
)
2 COUNTY
OF
SAN
BERNARDINO
)
ss
3 CITY
OF
RIALTO
)
4 5
I,
BARBARA
MCGEE,
City
Clerk
of
the
City
of
Rialto,
do
hereby
certify
that
the
foregoing
Resolution
No.
7963
was
duly
passed
and
adopted
at
a
regular
meeting
of
the
City
Council
of
the
City
of
Rialto
held
on
the
26th
day
of
July,
2022.
Upon
motion
of
Mayor
Pro
Tem
Scott,
seconded
by
Councilmember
Trujillo,
the
foregoing
Resolution
No.
7963
was
duly
passed
and
adopted.
Vote
on
the
motion:
6 7
8 9
10 11
AYES:
Mayor
Robertson,
Mayor
Pro
Tem
Scott,
Council
Member
Trujillo
and
Perez
12 NOES:
None
13 ABSTAIN:
Council
Member
Carrizales
14 IN
WITNESS
WHEREOF,
I
have
hereunto
set
my
hand
and
the
Official
Seal
of
the
City
of
Rialto
this
27th
day
of
My,
2022.
15 16
17 18
L
hjcQuu
19 20
BARBARA
MCGEE,
CITY
CLERK
21 22
23 24
25 26
27 28
-25-
DocuSign
Envelope
ID:
942F45B2-3CC8-4059-B66F-21383458DFCC
1 Exhibit
“A”
2 LEGAL
DESCRIPTION
3 SPECIFIC
PLAN
AMENDMENT
4 5
The
Land
referred
to
herein
below
is
situated
in
the
City
of
Rialto,
County
of
San
Bernardino,
State
of
California,
and
is
descnbed
as
follows:
6 THAT
PORTION
OF
THE
WEST
1/2
OF
THE
NORTHEAST
1/4
OF
THE
NORTHEAST
1/4
OF
THE
NORTHWEST
1/4
OF
SECTION
33,
TOWNSHIP
1 NORTH,
RANGE
5 WEST,
SAN
BERNARDINO
BASE
AND
MERIDIAN,
IN
THE
COUNTY
OF
SAN
BERNARDINO,
STATE
OF
CALIFORNIA,
ACCORDING
TO
THE
OFFICIAL
PLAT
OF
SAID
LAND
APPROVED
BY
THE
SURVEYOR
GENERAL,
DATED
OCTOBER
14,
1875,
LYING
NORTHERLY
OF
THE
FOLLOWING
DESCRIBED
LINE:
7 8
COMMENCING
AT
A
COUNTY
SURVEYOR'S
MONUMENT
MARKING
THE
NORTH
1/4
CORNER
OF
SAID
SECTION
33;
THENCE
ALONG
THE
EAST
LINE
OF
SAID
EAST
1/2
OF
SAID
NORTHWEST
1/4,
SOUTH
0 DEG.
21'27"
EAST,
30.00 FEET;
THENCE
SOUTH
89 DEG.
40'41"
WEST,
30.00 FEET
TO
THE
INTER-SECTION
OF
THE
WEST
LINE
OF
THE
EAST
30 FEET
OF
SAID
EAST
1/2
WITH
THE
SOUTH
LINE
OF
HIGHLAND
AVENUE
AND
THE
TRUE
POINT
OF
BEGINNING
FOR
THE
LINE
HEREIN
DESCRIBED;
THENCE
ALONG
SAID
SOUTH
LINE,
SOUTH
89 DEG.
40'
41"
WEST,
45.02 FEET;
THENCE
SOUTH
4 DEG.
35'51“
EAST,
418.80
FEET;
THENCE
ALONG
A
TANGENT
CURVE
CONCAVE
NORTHWESTERLY
WITH
A
RADIUS
OF
20.00 FEET,
THROUGH
AN
ANGLE
OF
94 DEG
16’32",
A
DISTANCE
OF
32.91 FEET;
THENCE
SOUTH
89 DEG.
40‘41"
WEST,
597.34
FEET
TO
THE
WEST
LINE
OF
SAID
EAST
1/2
TO
THE
TERMINATION
OF
SAID
LINE.
9 10
11 EXCEPTING
THEREFROM
THAT
PORTION
CONVEYED
TO
THE
STATE
OF
CALIFORNIA
DESCRIBED
AS
FOLLOWS:
THAT
PORTION
OF
THE
WEST
HALF
OF
THE
NORTHEAST
QUARTER
OF
THE
NORTHEAST
QUARTER
OF
THE
NORTHWEST
QUARTER
OF
SECTION
33,
TOWNSHIP
1 NORTH,
RANGE
5 WEST,
SAN
BERNARDINO
MERIDIAN,
IN
THE
CITY
OF
RIALTO,
COUNTY
OF
SAN
BERNARDINO,
STATE
OF
CALIFORNIA,
ACCORDING
TO
UNITED
STATES
GOVERNMENT
TOWNSHIP
PLAT
THEREOF,
APPROVED
BY
THE
SURVEYOR
GENERAL
OCTOBER
14,
1875,
DESCRIBED
AS
FOLLOWS:
12 13
BEGINNING
AT
THE
NORTHEAST
CORNER
OF
THAT
CERTAIN
PARCEL
OF
LAND
DESCRIBED
AS
"PARCEL
B"
IN
DEED
TO
THE
STATE
OF
CALIFORNIA
RECORDED
JUNE
25,
1969
IN
BOOK
72S6,
PAGE
449
OF
OFFICIAL
RECORDS
OF
THE
COUNTY
RECORDER
OF
SAID
COUNTY,
BEING
ALSO
A
POINT
ON
THE
WEST
LINE
OF
SAID
WEST
HALF;
THENCE
NORTH
0°1748"
WEST,
2.581
METERS
ALONG
SAID
WEST
LINE;
THENCE
NORTH
89°42T9"
EAST,
100.823
METERS
TO
A
POINT
ON
THE
EAST
LINE
OF
SAID
WEST
HALF,
DISTANT
NORTH
0*18*59"
WEST,
2.570
METERS
ALONG
SAID
EAST
LINE
FROM
THE
INTERSECTION
OF
SAID
EAST
LINE
AND
THE
BOUNDARY
OF
THAT
CERTAIN
PARCEL
OF
LAND
DESCRIBED
IN
DEED
TO
THE
STATE
OF
CALIFORNIA
RECORDED
ON
NOVEMBER
5,
1963
IN
BOOK
6023,
PAGE
99 OF
OFFICIAL
RECORDS
OF
THE
COUNTY
RECORDER
OF
SAID
COUNTY;
THENCE
SOUTH
0°18,59"
EAST,
2,570
METERS
ALONG
SAID
EAST
LINE
TO
THE
BOUNDARY
OF
THE
LAST
SAID
DEED;
THENCE
SOUTH
89°41'56"
WEST,
100.824
METERS
ALONG
SAID
BOUNDARY
TO
THE
POINT
OF
BEGINNING.
14 15
16 17
For
conveyancing
purposes
only:
APN
0240-211-26-0-000
18 The
Land
referred
to
herein
below
is
situated
in
the
City
of
Rialto,
County
of
San
Bernardino,
State
of
California,
and
is
described
as
follows:
19 THAT
PORTION
OF
THE
EAST
1/2
OF
THE
NORTHEAST
1/4
OF
THE
NORTHEAST
1/4
OF
THE
NORTHWEST
1/4
OF
SECTION
33,
TOWNSHIP
1 NORTH,
RANGE
5 WEST,
SAN
BERNARDINO
BASE
AND
MERIDIAN,
ACCORDING
TO
THE
OFFICIAL
PLAT
OF
SAID
LAND
APPROVED
BY
THE
SURVEYOR
GENERAL,
DATED
OCTOBER
14,
1875,
LYING
NORTHERLY
AND
WESTERLY
OF
THE
FOLLOWING
DESCRIBED
LINE:
20 21
COMMENCING
AT
A
COUNTY
SURVEYOR
MONUMENT
MARKING
THE
NORTH
1/4
CORNER
OF
SAID
SECTION
33;
THENCE
ALONG
THE
EAST
LINE
OF
SAID
EAST
1/2
OF
SAID
NORTHWEST
1/4,
SOUTH
0°
21*
27"
EAST,
30.00 FEET;
THENCE
SOUTH
89°
40’
41"
WEST
30.00 FEET
TO
THE
INTERSECTION
OF
THE
WEST
LINE
OF
THE
EAST
30 FEET
OF
SAID
EAST
1/2
WITH
THE
SOUTH
LINE
OF
HIGHLAND
AVENUE,
AND
THE
TRUE
POINT
OF
BEGINNING
FOR
THE
LINE
HEREIN
DESCRIBED;
THENCE
ALONG
SAID
SOUTH
LINE
SOUTH
89°
40’
41"
WEST
45.02 FEET;
THENCE
SOUTH
4°
35*
51"
EAST
418.80
FEET;
THENCE
ALONG
A
TANGENT
CURVE
CONCAVE
NORTHWESTERLY
WITH
A
RADIUS
OF
20.00 FEET
THROUGH
AN
ANGLE
OF
94°
16*
32",
A
DISTANCE
OF
32.91 FEET;
THENCE
SOUTH
89°
40'
41"
WEST
597.34
FEET
TO
THE
WEST
LINE
OF
SAID
EAST
1/2
TO
THE
TERMINATION
OF
SAID
LINE.
22 23
24 EXCEPTING
THEREFROM
THAT
PORTION
DESCRIBED
IN
GRANT
DEED
CONVEYED
TO
THE
STATE
OF
CALIFORNIA
RECORDED
FEBRUARY
22,
2002
AS
INSTRUMENT
NO.
2002-0085318
AND
RECORDED
JUNE
20,
2002
AS
INSTRUMENT
NO.
2002-0320023
BOTH
OF
OFFICIAL
RECORDS.
25 For
conveyancing
purposes
only:
APN
0240-211-25-0-000
26 27
28 -26-
-
1 -
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO.
7960
A RESOLUTION OF THE
CITY COUNCIL
OF THE CITY OF
RIALTO, CALIFORNIA
ADOPTING
AN ADDENDUM TO THE
JUNE 2016 RENAISSANCE SPECIFIC PLAN AMENDMENT
SUBSEQUENT ENVIRONMENTAL IMPACT REPORT
(ENVIRONMENTAL ASSESSMENT REVIEW NO.
20 2
1 -
0 0
5 9
)
FOR A PROJECT CONSISTING OF
THE CHANGE OF
LAND
USE DISTRICT
FROM
CORPORATE CENTER (CC) WITHIN
THE
RENAISSANCE SPECIFIC PLAN TO BUSINESS CENTER
(BC) WITHIN THE RENAISSANCE SPECIFIC PLAN
,
THE
MERGING
OF
TWO
(
2 ) PARCELS OF LAND INTO ONE (1)
PARCEL OF LAND, AND THE DEVELOPMENT AND
OPERATION OF A 1
16 ,
060
SQUARE FOOT INDUSTRIAL
WAREHOUSE CENTER BUILDING ON S
AID PARCEL OF
LAND
.
WHEREAS,
the applicant,
Orbis Real Estate Partners, LLC
,
proposes to
merge
two
(
2 )
parcels of land (APNs:
0240
-
211
-
25 &
-
26 ) located at the north
we
st corner of Renaissance
Parkway and L
ocust
Avenue (collectively “Site”) into one (1) 6.
02 net acre parcel of land and
develop a 1
16 ,
060
square foot industrial
w
arehouse building on said parcel of land (“Project”);
and
WHEREAS,
in conjunction with the Project, the applicant has submitted Specific Plan
Amendment No.
20 2
1 -
000
2 to change the
land use
designation of the Site, as described in the legal
description attached as
Exhibit A
,
from
Corporate Center
(
CC
) within the
Renaissance
Specific
Plan to
Business Center
(
BC
)
within the
Renaissance
Specific Plan (“S
PA No.
20 2
1 -
000
2 ”); an
d
WHEREAS,
in conjunction with
the Project
,
the
ap
plicant has
submitted
Lot Line
Adjustment
No. 20
2 1
-
00 14
to
merge
the
two
(
2 ) parc
els of land within
the Site into
one (1) 6.
02 net acre parcel of land
(“
LLA
No. 20
2 1
-
0014
”)
; and
WHEREAS,
in conjunction with the Project, the applicant has submitted Conditional Development Permit No. 202
1 -
00 48
to facilitate the development and operation of a 1
16 ,
060
square foot industrial warehouse building on the Site (“CDP No. 202 1 -
00 48
”); and
DocuSign Envelope ID: 942F45B2-3CC8-4059-B66F-21383458DFCC
-
2 -
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
WHEREAS,
in
conjunction with
the Project
,
the
ap
plicant has
submitted
Precise Plan of
Design
No. 20
2 1
-
00 63
to
facilitate the
develop
ment of a 1
16 ,
060
square foot
i
ndustrial warehouse
building
on
the Site
(“
PPD
No. 20
2 1
-
00 63
”); and
WHEREAS,
pursuant to the provisions of California Environmental Quality Act (CEQA) Section 15164(a), Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et. seq., and Governme nt
Code Section 65962.5(f) (Hazardous Waste and Substances Statement), the City reviewed an
Addendum to the
June 2016
Renais
s
ance Specific Plan Amendment Subsequent Environmental
Impact Report (
Environmental Assessment Review
No. 20
2 1
-
00 5
9 )
prepared by
App
lied
Planning
, Inc.
,
Exhibit “
B
”
hereto,
and determined that the proposed Project would result in no new significant impacts that were not analyzed in the
June 2016
Renais
s
ance Specific Plan
Amendment Subsequent Environmental Impact Report
(“2016 RSPA SEIR
”)
, nor would the
proposed Project cause a substantial increase in the severity of any previously identified environmental impacts. The potential impacts associated with proposed Project would either be the same or less than those described in the 2016
RSP
A
SEIR.
In addition, there are no substantial
changes to the circumstances under which the proposed Project would be undertaken that would result in new or more severe environmental impacts than previously addressed in the 2016 RSPA
SEIR, nor has any new informati
on regarding the potential for new or more severe significant environmental impacts been identified; and
WHEREAS,
the City mailed public hearing notices for the proposed Project to all property owners within
1 ,
000
feet of the project site, and published t
he public hearing notice in the San
Bernardino Sun newspaper as required by State law; and
WHEREAS,
on
J
une
2 9
, 20
2 2
, the Planning Commission
of the City of Rialto
conducted
a duly noticed public hearing, as required by law, on
the
Addendum to the June
2016 Renaissance
Specific Plan Amendment Subsequent Environmental Impact Report,
S
PA No. 20
2 1
-
000
2 ,
CDP
No. 202
1 -
00 48
,
and
P
P
D
No.
20 2
1 -
00 63
,
took testimony,
at which time it received input from
staff, the
c
ity
a
ttorney, and the
Applicant
; heard public tes
timony; discussed the proposed
Addendum to the June 2016 Renaissance Specific Plan Amendment Subsequent Environmental DocuSign Envelope ID: 942F45B2-3CC8-4059-B66F-21383458DFCC
-
3 -
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
Impact Report, SPA No. 202
1 -
000
2 ,
CDP No. 202
1 -
00 48
, and PPD No. 202
1 -
0 0
63 ;
and
closed
the public hearing
;
and
WHEREAS,
on J
une 29
, 202
2 , the Planning Commission voted
3 -
2 (1 absence and 1
vacancy)
to recommend
denial
of
the Addendum to the June 2016 Renaissance Specific Plan Amendment Subsequent Environmental Impact Report, SPA No. 202 1 -
000
2 ,
CDP No. 202
1 -
00 48
, and PPD No. 202
1 -
00 63
to th
e City Council; and
WHEREAS,
on July 26, 2022, the City Council conducted a duly noticed public hearing, as required by law, on
the
Addendum to the June 2016 Renaissance Specific Plan Amendment Subsequent Environmental Impact Report, SPA No. 2021
-
0002,
CDP
No. 2021
-
0048, and PPD
No. 2021
-
0063, took testimony, at which time it received input from staff, the city attorney, and the applicant; heard public testimony, discussed
the
Addendum to the June 2016 Renaissance
Specific Plan Amendment Subsequent Environm
ental Impact Report,
SPA No. 2021
-
0002, CDP
No. 2021
-
0048, and PPD No. 2021
-
0063
; and closed the public hearing; and
WHEREAS,
a
ll legal prerequisites to the adoption of this Resolution have occurred .
NOW, THEREFORE,
the City Council hereby finds, determines, and resolves as follows:
SECTION 1
.
The
City Council hereby specifically finds that all of the facts set forth in the recitals above of this Resolution are true and
correct and incorporated herein
.
SECTION
2 .
The
City of Rialto is the Lead Agency for the Project, as determined by CEQA. Based on the
Addendum to the June 2016 Renaissance Specific Plan Amendment Subsequent Environmental Impact Report (Environmental Assessment Review No. 202 1 -
005
9 )
and the accom
panying technical studies, it has been determined that:
1. There are no substantial changes to the Project or the circumstances under which the Project will be carried out that will require major revisions to the previously certified EIR.
2. The Project
will not result in new significant environmental effects or substantial increases in the severity of previously identified significant effects.
DocuSign Envelope ID: 942F45B2-3CC8-4059-B66F-21383458DFCC
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3. There is no new information substantial importance, which was known or could have been known with the exercise
of reasonable diligence at the time the previous EIR was certified.
4. The Project will not have any significant effects that are not identified and discussed in the previously certified EIR, and there are no newly feasible, or considerably different, mitiga
tion measures or alternatives which would substantially reduce one or more significant effects of the Project which the applicant declines to adopt.
SECTION 3
.
The
City
Council
hereby
adopt
s
the
Addendum to the June 2016
Renaissance Specific Plan Amendm
ent Subsequent Environmental Impact Report (Environmental Assessment Review No. 202
1 -
005
9 )
, attached hereto as
Exhibit “
B
”
, prepared in accordance with
CEQA for the Project.
SECTION
4 .
The
Mayor
shall sign the passage and adoption of this resolution and thereupon the same shall take effect and be in force.
PASSED
, APPROVED
AND ADOPTED this
2 6
th
day of
J
u
ly
, 20
2 2
.
____________________________________
DEBORAH ROBERTSON, MAYOR
A
TTEST:
__________________________________
BARBARA MCGEE, CITY CLERK
APPROVED AS TO FORM:
__________________________________
ERIC S. VAIL
, CITY ATTORNEY
DocuSign Envelope ID: 942F45B2-3CC8-4059-B66F-21383458DFCC ]%yW&
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STATE OF CALIFORNIA
)
COUNTY
OF SAN BERNARDINO
) ss
CITY OF RIALTO
)
I, BARBARA MCGEE, City Clerk of the City of Rialto, do hereby certify that the foregoing Resolution No. 7960
was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the 26th
day of July, 2022.
Upon motion of Mayor Pro Tem
Scott, seconded by Councilmember Trujillo, the foregoing Resolution No. 7960
was duly passed and adopted.
Vote on the motion:
AYES:
Mayor Robertson, Mayor Pro Tem Scott, Council Member Trujillo and Perez
NOES:
None
ABSTAIN:
Council Member Carrizales
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto this 27th
day of July, 2022.
________________________________
BARBARA MCGEE, CITY CLERK
DocuSign Envelope ID: 942F45B2-3CC8-4059-B66F-21383458DFCC ]%yW&
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Exhibit “A”
DocuSign Envelope ID: 942F45B2-3CC8-4059-B66F-21383458DFCC LEGAL
DESCRIPTION
SPECIFIC
PLAN
AMENDMENT
The
Land
referred
to
herein
below
is
situated
in
the
City
of
Rialto,
County
of
San
Bernardino,
State
of
California,
and
is
descnbed
as
follows:
THAT
PORTION
OF
THE
WEST
1/2
OF
THE
NORTHEAST
1/4
OF
THE
NORTHEAST
1/4
OF
THE
NORTHWEST
1/4
OF
SECTION
33,
TOWNSHIP
1 NORTH,
RANGE
5 WEST,
SAN
BERNARDINO
BASE
AND
MERIDIAN,
IN
THE
COUNTY
OF
SAN
BERNARDINO,
STATE
OF
CALIFORNIA,
ACCORDING
TO
THE
OFFICIAL
PLAT
OF
SAID
LAND
APPROVED
BY
THE
SURVEYOR
GENERAL,
DATED
OCTOBER
14,
1875,
LYING
NORTHERLY
OF
THE
FOLLOWING
DESCRIBED
LINE:
COMMENCING
AT
A
COUNTY
SURVEYOR’S
MONUMENT
MARKING
THE
NORTH
1/4
CORNER
OF
SAID
SECTION
33;
THENCE
ALONG
THE
EAST
LINE
OF
SAID
EAST
1/2
OF
SAID
NORTHWEST
1/4,
SOUTH
0 DEG.
2T27"
EAST,
30.00 FEET;
THENCE
SOUTH
89 DEG.
40'41"
WEST,
30.00 FEET
TO
THE
INTER-SECTION
OF
THE
WEST
LINE
OF
THE
EAST
30 FEET
OF
SAID
EAST
1/2
WITH
THE
SOUTH
LINE
OF
HIGHLAND
AVENUE
AND
THE
TRUE
POINT
OF
BEGINNING
FOR
THE
LINE
HEREIN
DESCRIBED;
THENCE
ALONG
SAID
SOUTH
LINE,
SOUTH
89 DEG.
40’
41"
WEST,
45.02 FEET;
THENCE
SOUTH
4 DEG.
35'51"
EAST,
418.80
FEET;
THENCE
ALONG
A
TANGENT
CURVE
CONCAVE
NORTHWESTERLY
WITH
A
RADIUS
OF
20.00 FEET,
THROUGH
AN
ANGLE
OF
94 DEG
16*32",
A
DISTANCE
OF
32.91 FEET;
THENCE
SOUTH
89 DEG.
40’41"
WEST,
597.34
FEET
TO
THE
WEST
LINE
OF
SAID
EAST
1/2
TO
THE
TERMINATION
OF
SAID
LINE.
EXCEPTING
THEREFROM
THAT
PORTION
CONVEYED
TO
THE
STATE
OF
CALIFORNIA
DESCRIBED
AS
FOLLOWS:
THAT
PORTION
OF
THE
WEST
HALF
OF
THE
NORTHEAST
QUARTER
OF
THE
NORTHEAST
QUARTER
OF
THE
NORTHWEST
QUARTER
OF
SECTION
33,
TOWNSHIP
1 NORTH,
RANGE
5 WEST,
SAN
BERNARDINO
MERIDIAN,
IN
THE
CITY
OF
RIALTO,
COUNTY
OF
SAN
BERNARDINO,
STATE
OF
CALIFORNIA,
ACCORDING
TO
UNITED
STATES
GOVERNMENT
TOWNSHIP
PLAT
THEREOF,
APPROVED
BY
THE
SURVEYOR
GENERAL
OCTOBER
14,
1875,
DESCRIBED
AS
FOLLOWS:
BEGINNING
AT
THE
NORTHEAST
CORNER
OF
THAT
CERTAIN
PARCEL
OF
LAND
DESCRIBED
AS
"PARCEL
B"
IN
DEED
TO
THE
STATE
OF
CALIFORNIA
RECORDED
JUNE
25,
1969
IN
BOOK
7256,
PAGE
449
OF
OFFICIAL
RECORDS
OF
THE
COUNTY
RECORDER
OF
SAID
COUNTY,
BEING
ALSO
A
POINT
ON
THE
WEST
LINE
OF
SAID
WEST
HALF;
THENCE
NORTH
0°17'48"
WEST,
2.581
METERS
ALONG
SAID
WEST
LINE;
THENCE
NORTH
89°42*19"
EAST,
100.823
METERS
TO
A
POINT
ON
THE
EAST
LINE
OF
SAID
WEST
HALF,
DISTANT
NORTH
0°18'59"
WEST,
2.570
METERS
ALONG
SAID
EAST
LINE
FROM
THE
INTERSECTION
OF
SAID
EAST
LINE
AND
THE
BOUNDARY
OF
THAT
CERTAIN
PARCEL
OF
LAND
DESCRIBED
IN
DEED
TO
THE
STATE
OF
CALIFORNIA
RECORDED
ON
NOVEMBER
5,
1963
IN
BOOK
6023ÿ
PAGE
99 OF
OFFICIAL
RECORDS
OF
THE
COUNTY
RECORDER
OF
SAID
COUNTY;
THENCE
SOUTH
0°18'59"
EAST,
2,570
METERS
ALONG
SAID
EAST
LINE
TO
THE
BOUNDARY
OF
THE
LAST
SAID
DEED;
THENCE
SOUTH
89°41'56"
WEST,
100.824
METERS
ALONG
SAID
BOUNDARY
TO
THE
POINT
OF
BEGINNING.
For
conveyancing
purposes
only:
APN
0240-211-26-0-000
The
Land
referred
to
herein
below
is
situated
in
the
City
of
Rialto,
County
of
San
Bernardino,
State
of
California,
and
is
described
as
follows:
THAT
PORTION
OF
THE
EAST
1/2
OF
THE
NORTHEAST
1/4
OF
THE
NORTHEAST
1/4
OF
THE
NORTHWEST
1/4
OF
SECTION
33,
TOWNSHIP
1 NORTH,
RANGE
5 WEST,
SAN
BERNARDINO
BASE
AND
MERIDIAN,
ACCORDING
TO
THE
OFFICIAL
PLAT
OF
SAID
LAND
APPROVED
BY
THE
SURVEYOR
GENERAL,
DATED
OCTOBER
14,
1875,
LYING
NORTHERLY
AND
WESTERLY
OF
THE
FOLLOWING
DESCRIBED
LINE:
COMMENCING
AT
A
COUNTY
SURVEYOR
MONUMENT
MARKING
THE
NORTH
1/4
CORNER
OF
SAID
SECTION
33;
THENCE
ALONG
THE
EAST
LINE
OF
SAID
EAST
1/2
OF
SAID
NORTHWEST
1/4,
SOUTH
0°
21'
27"
EAST,
30.00 FEET;
THENCE
SOUTH
89°
40'
41"
WEST
30.00 FEET
TO
THE
INTERSECTION
OF
THE
WEST
LINE
OF
THE
EAST
30 FEET
OF
SAID
EAST
1/2
WITH
THE
SOUTH
LINE
OF
HIGHLAND
AVENUE,
AND
THE
TRUE
POINT
OF
BEGINNING
FOR
THE
LINE
HEREIN
DESCRIBED;
THENCE
ALONG
SAID
SOUTH
LINE
SOUTH
89c
40'
41"
WEST
45.02 FEET;
THENCE
SOUTH
4C
35'
51"
EAST
418.80
FEET;
THENCE
ALONG
A
TANGENT
CURVE
CONCAVE
NORTHWESTERLY
WITH
A
RADIUS
OF
20.00 FEET
THROUGH
AN
ANGLE
OF
94°
16'
32",
A
DISTANCE
OF
32.91 FEET;
THENCE
SOUTH
89°
40'
41"
WEST
597.34
FEET
TO
THE
WEST
LINE
OF
SAID
EAST
1/2
TO
THE
TERMINATION
OF
SAID
LINE.
EXCEPTING
THEREFROM
THAT
PORTION
DESCRIBED
IN
GRANT
DEED
CONVEYED
TO
THE
STATE
OF
CALIFORNIA
RECORDED
FEBRUARY
22,
2002
AS
INSTRUMENT
NO.
2002-0085318
AND
RECORDED
JUNE
20,
2002
AS
INSTRUMENT
NO.
2002-0320023
BOTH
OF
OFFICIAL
RECORDS.
For
conveyancing
purposes
only:
APN
0240-211-25-0-000
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7 -
1 2
3 4
5 6
7 8
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11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
Exhibit “
B
”
DocuSign Envelope ID: 942F45B2-3CC8-4059-B66F-21383458DFCC
Exhibit “C”
EXHIBIT “C”
1910 W. Renaissance Parkway, Rialto, CA
CRP/Lovett Rialto Industrial Owner, L.L.C.
(Developer)
ENVIRONMENTAL WARRANTY
As a condition precedent to acceptance of the dedications and public improvements to be conveyed by the above -named Developer to the City of Rialto for the above -referenced Project, Developer hereby warrants to the City of Rialto that:
1. Neither the property to be dedicated nor Developer are in violation of any environmental law, and neither the property to be dedicated nor the Developer 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 Developer nor any other person with Developer’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 envir onmental 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 o f 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. Developer 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. Developer’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.
5. All persons executing this warranty hereby represent and warrant to the City of Rialto, and Developer hereby represents and warrants, that the signators hereto have the legal power, right and authority to execute this warranty on behalf of the Developer 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
Developer’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
Developer
to
the
City
of
Rialto.
Each
of
the
undersigned
persons
declares
under
penalty
of
perjury
that
the
foregoing
is
true
and
correct.
£/
28/2013,
Dated:
DEVELOPER*
By:
*Proof
of
authorization
for
Developer’s
signatures
is
required
to
be
submitted
concurrently
with
this
environmental
warranty.
Exhibit
“C”
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
Lot>
Poll'll
8 /z8/
j\J.
.
AMGT
_
before
me,
Ucluiards.
On
Date
personally
appeared
Here
Insert
Name
and
Title
the
Officer
Name(s)
of
Signer(s)
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.
COUfV
si.
JAMES
SA
K«ury
»u»Uc
-
California
|
2":
Anjeles
County
f
Wm
Cammissian
A
2443262
(
y
MV
Camm.
ExairasÿaÿÿL-I
m
I
iV
:
Signature
f
7 ature
of
Notary
Public
Place
Notary
Seal
Above
-
OPTIONAL
-
Though
this
section
is
optional,
completing
this
information
can
deter
alteration
of
the
document
or
fraudulent
reattachment
of
this
form
to
an
unintended
document.
Description
of
Attached
Document
Title
or
Type
of
Document:
Number
of
Pages:
Document
Date:
Signer(s)
Other
Than
Named
Above:
Capacity(ies)
Claimed
by
Signer(s)
Signer's
Name:
Corporate
Officer
-
Title(s):
Partner
-
Q
Limited
General
Individual
Attorney
in
Fact
Trustee
Guardian
or
Conservator
Other:
Signer
is
Representing:
Signer’s
Name:
Corporate
Officer
-
Title(s):
Partner
-
Limited
General
Individual
Attorney
in
Fact
Trustee
Guardian
or
Conservator
Other:
Signer
is
Representing: