SUBDIVISION IMPROVEMENT AGREEMENT
by and between
CITY OF RIALTO
and
RENAISSANCE TRAVEL CENTER, LP.
Revised 1/31/23
SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN
THE CITY OF RIALTO
AND
RENAISSANCE TRAVEL CENTER, LP.
Agreement Date:
Subdivider Name: RENAISSANCE TRAVEL CENTER, LP. (hereinafter "Subdivider") Subdivision Name: RENAISSANCE TRAVEL CENTER, LP. (hereinafter "Subdivision") Tract No.: 20439 (No. of Lots: 2
Tentative: 20439 Map No.: 20439 (hereinafter "Approved Tentative Map") (Approval Date: 09/08/2021
Improvement Plans Approved On: 06/29/2023 (hereinafter "Plans") Estimated Total Cost of Improvements: $ 810,414.09
(Including Labor and Materials
Estimated Total Cost of Monumentation: $ 5,800 (Based upon the Plans, including Individual lots, subdivision boundary and public improvements) Security:
Bond Nos.: 54-256622
Surety: United Fire & Casualty Company
-OR-
Irrevocable Standby Letter of Credit No.:
Financial Institution:
-OR-
Cash/Certificate of Deposit, Agreement Dated:
Financial Institution:
Designees for the Service of Written Notice:
CITY: SUBDIVIDER:
City Engineer Name: RENAISSANCE TRAVEL
City of Rialto CENTER, LP
150 S. Palm Avenue Address: 139 RADIO RD
Rialto, CA 92376 CORONA, CA. 92879
Phone: (909) 820-2602 Phone: 951-280-3833
CITY PROJECT INSPECTOR: SURETY:
City of Rialto Name: _United Fire & Casualty Company
Engineering Services Department Address: PO Box 73909
335 W. Rialto Avenue Cedar Rapids, IA 52407
Rialto, CA 92376 Phone: (319) 399-5700
Phone: (909) 421-7294
TABLE OF CONTENTS
Construction Obligations. 1
1.1 Works of Improvement 1
1.2 Other Obligations Referenced in Conditions of Tentative Map Approval
1.3 Intent of Plans
1.4 Survey Monuments.
1.5 Performance of Work
1.6 Changes in the Work
1.7 Defective Work.
1.8 No Warranty by City
1.9 Authority of the City Engineer...
1.10 Documents Available at the Site.
1.11 Inspection
1.12 Compliance with Law.
1.13 Suspension of Work
1.14 Erosion and Dust Control and Environmental Mitigation
1.15 Final Acceptance of Works of Improvement
1.16 Vesting of Ownership
1.17 Subdivider's Obligation to Warn Public During Construction ..
1.18 Injury to Public Improvements, Public Property or Public Utility
2. Time for Performance 5
2.1 Commencement and Completion Dates.
2.2 Phasing Requirements..
2.3 Force Majeure ...
2.4 Continuous Work
2.5 Reversion to Acreage 6
Labor 7
3.1 Labor Standards..
3.2 Nondiscrimination.
3.3 Licensed Contractors..
3.4 Workers' Compensation
Security 7
4.1 Required Security.
4.2 Form of Security Instruments
4.3 Subdivider's Liability..
4.4 Letters of Credit.
4.5 Release of Security Instruments.
IlI
TABLE OF CONTENTS
5. Cost of Construction and Provision of Inspection Service... 11
5.1 Subdivider Responsible for All Related 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
Warranty of Work.... 11
8. Default.... 11
8.1 Default by Subdvider.. 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. Subdivider's Indemnity of Project Approval 14
11. Insurance Requirements 14
12. Environmental Warranty 16
13. General Provisions.. 17
13.1 Successors and Assigns 17
13.2 No Third Party Beneficiaries... 18
13.3 No Vesting Rights 18
13.4 Subdivider is Not Agent of City. 18
13.5 Time of the Essence 18
13.6 Notices 18
13.7 No Apportionment 18
13.8 Severability 18
13.9 Captions 18
13.10 incorporation of Recitals 19
13.11 Interpretation 19
13.12 Entire Agreement; Waivers and Amendments. 19
13.13 Counterparts 19
14. Authority 19
IV
SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this 21st day of July, 2023, 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 RENAISSANCE TRAVEL CENTER, LP., a California limited partnership (Subdivider").
RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision map identified as Tentative (Tract/Parcel) Map No. 20439, (the "Map"), located in the City of Rialto, County of San Bernardino, State of California (the "Property"), as described on Exhibit "A". The Map requires Subdivider to comply with certain conditions of approval for the development of the Property (the "Conditions") as described on Exhibit "B".
B. Pursuant to the Conditions, Subdivider, by the Map, has offered for dedication to City for public use of the streets and easements shown on the Map. City desires to accept the streets and easements shown on the Map for public use, and certain other improvements described in this Agreement.
C. Subdivider has delivered to City, and City has approved, plans and specifications and related documents for certain "Works of Improvement" (as hereinafter defined) which are required to be constructed and installed in order to accommodate the development of the Property.
D. Subdivider's agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving (Final/Parcel) Map No. 20439 for the Property and permitting development of the Property to proceed
COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City's approving the Map for the Property and permitting development of the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein.
1. Construction Obligations.
1.1. Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install, or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer, street lighting, landscaping, utility, and other improvements (the "Works of Improvement"), as the same may be supplemented and revised from time to time as set forth in this Agreement (said plans and specifications, together with all related documents, the "Plans"). The estimated construction cost for the Works of Improvement is $840,414.09.
Subdivision Improvement Agreement Page 1 of 22 Revised 1/31/2023
1.2. Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Subdivider shall satisfy all of the Conditions on the Map for the Property.
The Conditions associated with the Map are included as Exhibit "B" attached hereto.
1.3. Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer, (or designee), and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for Subdivider's contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final.
Subdivider recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer's prior written approval, no change shall be made by Subdivider or its contractor to any plan, specification, or working or shop drawing after it has been stamped as approved.
1.4. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments as shown on (Final/Parcel) Map No. 20439 in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Rialto. Subdivider shall provide security for such obligation as provided in Section
4.1(a)(iii) and, after setting the monuments, Subdivider shall furnish the City Engineer written notice of the setting of said monuments and written proof of having paid the engineer or surveyor for the setting of said monuments.
1.5. Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's obligations under this Agreement.
1.6. Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or its contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider, or its contractor shall be binding on City unless approved in writing by the Subdivision Improvement Agreement Page 2 of 22 Revised 1/31/2023 City Engineer. The City and Subdivider may mutually agree upon changes to the Works of Improvement, subject to the security requirements in Section 4.
1.7. Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective.
1.8. No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents.
1.9. Authority of the City Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and its contractor.
1.10. Documents Available at the Site. Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City's inspectors and engineers at all times.
1.11. Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider's contractors) regarding the Works of Improvement.
Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance with the requirements and intent of this Agreement, including the Plans. If the City inspector requests it, the Subdivider's contractor, at any time before acceptance of the Works of Improvement, shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the Subdivider's contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City Engineer (or designee) shall not be considered as direct control of the individual workmen on the job site. City's inspectors shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement.
The inspection of the work by City shall not relieve Subdivider or its contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted.
1.12. Compliance With Law; Applicable Standards for Improvements. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. In addition, without limiting the foregoing, the Subdivider shall, at its expense, obtain and comply with the Subdivision Improvement Agreement Page 3 of 22 Revised 1/31/2023 conditions of all necessary permits and licenses for the construction of the Works of Improvement. The Subdivider shall also give all necessary notices and pay all fees and taxes as required by law.
Subdivider shall construct the improvements in accordance with the City standards in effect at the time of the adoption of the Approved Tentative Map. City reserves the right to protect the public safety or welfare or comply with applicable Federal or State law or City zoning ordinances.
1.13. Suspension of Work. The City Engineer shall have authority to order suspension of the work for failure of the Subdivider's contractor to comply with law pursuant to Section
1.12. In case of suspension of work for any cause whatsoever, Subdivider and its contractor shall be responsible for all materials and shall store them properly if necessary and shall provide suitable interim drainage and/or dust control measures, and erect temporary structures where necessary.
1.14. Erosion and Dust Control and Environmental Mitigation. All grading, landscaping, and construction activities shall be performed in a manner to control erosion and prevent flooding problems. The City Engineer shall have the authority to require erosion plans to prescribe reasonable controls on the method, manner, and time of grading, landscaping, and construction activities to prevent nuisances to surrounding properties. Plans shall include without limitation temporary drainage and erosion control requirements, dust control procedures, restrictions on truck and other construction traffic routes, noise abatement procedures, storage of materials and equipment, removal of garbage, trash, and refuse, securing the job site to prevent injury, and similar matters.
1.15. Final Acceptance of Works of Improvement. After Subdivider's contractor has completed all of the Works of improvement, Subdivider shail then request a finai inspection of the work. If items are found by the City's inspectors to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the Subdivider or its contractor of such items. After the Subdivider's contractor has completed these items, the procedure shall then be the same as specified above for the Subdivider's contractor's initial request for final inspection. If items are found by City's inspectors to be incomplete or not in compliance after two (2) "final" inspections, the City may require the Subdivider or its contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. Subdivider shall be responsible for payment to City Engineer of re-inspection fees in the amount necessary to cover the City's costs for additional final inspections, as determined by the City Engineer.
No inspection or acceptance pertaining to specific parts of the Works of improvement shail be construed as final acceptance of any part until the overall final acceptance by the City Engineer is made. The City Engineer shall make a certification of completion and acceptance on the Works of Improvement by recordation of a Notice of Acceptance on behalf of the City. Final acceptance shall not constitute a waiver by the City Engineer of defective work subsequently discovered.
Subdivision Improvement Agreement Page 4 of 22 Revised 1/31/2023 The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance.
1.16. Vesting of Ownership. Upon recordation of the Notice of Acceptance, ownership of the Works of Improvement shall vest in the City.
1.17. Subdivider's Obligation to Warn Public During Construction. Until recordation of the Notice of Acceptance, Subdivider shall give good and adequate warning to the public of any dangerous condition of the Works of Improvements and shall take reasonable actions to protect the public from such dangerous condition. Until recordation of the Notice of Acceptance, Subdivider shall provide forty-eight (48) hours' advance written notice to all neighboring property owners and tenants affected by Subdivider's operations or construction of the hours, dates and duration of any planned construction activities.
1.18. Injury to Public Improvements, Public Property or Public Utility. Until recordation of the Notice of Acceptance of the Works of Improvement, Subdivider assumes responsibility for the care and maintenance of, and any damage to, the Works of Improvements. Subdivider shall replace or repair all Works of Improvements, public property, public utility facilities, and surveying or subdivision monuments and benchmarks which are destroyed or damaged for any reason, regardiess of whether resuiting from the acts of the Subdivider, prior to the recordation of the Notice of Acceptance. Subdivider shall bear the entire cost of such replacement or repairs regardless of what entity owns the underlying property. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.
Neither the City, nor any officer or employee thereof, shall be liable or responsible for any accident, loss or damage, regardless of cause, occurring to the work or Works of improvements prior to recordation of the Notice of Acceptance of the work or improvements.
2. Time for Performance.
2.1. Commencement and Completion Dates. Subject to Sections 2.2 and 2.3 below, Subdivider 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) complete 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 Subdivider has established good cause for an extension. As a condition of such extension, the City Engineer may require Subdivider to furnish new security guaranteeing performance of this Agreement, as extended, in an increased amount to compensate for any increase in construction costs as determined by the City Engineer. If Subdivider requests and is granted an extension of time for completion of the improvements, City may apply the standards in effect at the time of the extension.
Subdivision Improvement Agreement Page 5 of 22 Revised 1/31/2023
2.2. Phasing Requirements. Notwithstanding the provisions of Section 2.1, the City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies the City may have for Subdivider's failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Subdivider acknowledges City's right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both.
Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to the City Engineer's satisfaction.
2.3. Force Majeure. Notwithstanding the provisions of Section 2.1, Subdivider'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 Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, acts or failures to act of a public agency (including City), required changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City's receipt of a written notice from Subdivider or its contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. The City Engineer shall evaluate all claims to Force Majeure and the City Engineer's decision shall be final.
2.4. Continuous Work. After commencement of construction of the Works of Improvement (or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted.
2.5. Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Section 66499.11 through Section 66499.20.1. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government Code Section 66499.16, Subdivider hereby consents to such reversion to acreage and agrees that any improvements made by or on behalf of Subdivider shall not be considered in determining City's authority to revert the Property to acreage.
Subdivision Improvement Agreement Page 6 of 22 Revised 1/31/2023
3. Labor.
3.1. Labor Standards. This Agreement is subject to, and Subdivider agrees to comply with, all of the applicable provisions of the Labor Code including, but not limited to, the wage and hour, prevailing wage, worker compensation, and various other labor requirements in Division 2, Part 7, Chapter 1, including section 1720 to 1740, 1770 to 1780, 1810 to 1815, 1860 to 1861, which provisions are specifically incorporated herein by reference as set forth herein in their entirety. Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of the Works of improvement.
Nondiscrimination. In accordance with the California Fair Employment and Housing Act ("FEHA"), California Government Code Section 12940 et seq., Subdivider agrees that Subdivider, its agents, employees, contractors, and subcontractor performing any of the Works of Improvement shall not discriminate, in any way, against any person s the ya sis of a disadi, in, recal con cre, georic tomati, mania sta, us, see gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of this Agreement.
3.3. Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed. All of Subdivider's contractors and subcontractors shall obtain a valid City of Rialto business license prior to performing any work pursuant to this Agreement. Subdivider shall provide the City Engineer with a list of all of its contractors and subcontractors prior to initiating any work, and all valid Contractor's licenses and business licenses issued thereto as a condition of constructing the Works of Improvements.
3.4. Worker's Compensation. Subdivider 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 shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site.
Security.
4.1. Required Security.
(a) At the time Subdivider executes this Agreement, Subdivider shail 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"):
Subdivision Improvement Agreement Page 7 of 22 Revised 1/31/2023 (i) A Security Instrument securing Subdivider's faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of $810,414.09 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 Security Instrument") with respect to the Works of Improvement in an amount equal to $810,414.09 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 $5,800 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.
Required Security Instrument for Maintenance and Warranty. Prior to the City Council's acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall deliver a Security Instrument warranting the work accepted for a period of one (1) year following said acceptance ("Maintenance and Warranty Security Instrument"), in the amount of $81,041.41 equal to 10% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer.
4.2. Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney:
(a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's.
(b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shail specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter Subdivision Improvement Agreement Page 8 of 22 Revised 1/31/2023 of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. (c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Rialto, State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date).
(iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument.
(iv) If the Subdivider seeks to replace any security with another security, the replacement shall: (1) comply with all the requirements for security in this Agreement; (2) be provided by the Subdivider to the City Engineer; and (3) upon its written acceptance by the City Engineer, be deemed a part of this Agreement. Upon the City Engineer's acceptance of a replacement security, the former security may be released by the City.
4.3. Subdivider's Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument.
Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4.
4.4. Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit Subdivision Improvement Agreement Page 9 of 22 Revised 1/31/2023 (expiring in not less than one (1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit.
(b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account.
4.5. Release of Security instruments. The City shall release all Security Instruments consistent with Government Code Sections 66499.7 and 66499.8 and as follows:
(a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred:
(i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted;
(iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and
(iv) after passage of the time within which lien claims are required to be made pursuant to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law.
(b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider's written request upon the expiration of the warranty period, and settlement of any claims filed during the warranty period. (0) The City may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney's fees.
Subdivision Improvement Agreement Page 10 of 22 Revised 1/31/2023
5. Cost of Construction and Provision of Inspection Service.
5.1. Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of improvement. In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the Works of Improvement.
5.2. Payment to City for Cost of Related Inspection and Engineering Services.
Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City. In no event shall Subdivider be entitled to additional inspections or a finai inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections.
6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication.
Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final acceptance. 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 backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law.
8. Default.
8.1. Default by Subdivider. Default by Subdivider shall include, but not be limited to:
(a) Subdivider's failure to timely commence construction of Works of Improvement under this Agreement;
Subdivision Improvement Agreement Page 11 of 22 Revised 1/31/2023 (b) Subdivider's failure to timely complete construction of the Works of Improvement;
(c) Subdivider's failure to perform substantial construction work for a period for 20 consecutive calendar days after commencement of the work; (d) Subdivider's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Subdivider fails to discharge within 30 days;
(e) The commencement of a foreclosure action against the subdivision or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (f) Subdivider's failure to perform any other obligation under this Agreement.
8.2. Remedies. The City reserves all remedies available to it at law or in equity for a default or breach of Subdivider's obligations under this Agreement. The City shall have 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 Subdivider. The City's right to draw upon or use the security is in addition 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 Subdivider's default shall be measured by the cost of completing the required improvements. The City may use the sums provided by the securities for the completion of the Works of Improvement in accordance with the plans. In the event the Subdivider fails to cure any default under this Agreement within 20 days after the City mails a notice of such default to the Subdivider and the Subdivider's surety, Subdivider authorizes the City to perform the obligation for which Subdivider is in default and agrees to pay the entire cost of such performance by the City. The City may take over the work and complete the Works of Improvement, by contract or by any other method City deems appropriate, at the expense of the Subdivider. In such event, City, without liability for doing so, may complete the Works of Improvement using any of Subdivider's materials, appliances, plans and other property that are at the work site and that are necessary to complete the Works of Improvement.
8.3. Notice of Violation. The Subdivider's failure to comply with the terms of this Agreement constitutes Subdivider's consent for the City to file a notice of violation against all the lots in the Subdivision, or to rescind or otherwise revert the Subdivision to acreage.
Subdivider specifically recognizes that the determination of whether a reversion to acreage or rescission of the Subdivision constitutes an adequate remedy for default by the Subdivider shall be within the sole discretion of the City.
8.4. Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, the Subdivider agrees that the choice of remedy or remedies for Subdivider's breach shall be in the discretion of the City.
Additionally, any remedy specifically provided in this Agreement shall be in addition to, Subdivision Improvement Agreement Page 12 of 22 Revised 1/31/2023 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 Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitied to recover its reasonable attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment.
8.6. Waiver. No waiver by the City of any breach or default by the Subdivider shall be considered valid unless in writing, and no such waiver by the City shall be deemed a waiver of any subsequent breach or default by the Subdivider.
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 omissions of Subdivider, its agents, employees, contractors and subcontractors in the performance of this Agreement. Subdivider further agrees to protect, defend, indemnify and hold harmless City, its officials, boards and commissions, and members thereof, agents, and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of Subdivider, its agents, employees, contractors and subcontractors in the performance of this Agreement, except for such claims, demands, causes of action, liability or loss arising out of the sole active negligence of the City, its officials, boards, commissions, the members thereof, agents and employees, including all claims, demands, causes of action, liability 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 design or construction of said Subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design and construction of public drainage systems, streets and other improvements. Recordation of the Notice of Acceptance by the City of the Works of Improvements shall not constitute an assumption by the City of any responsibility for any damage or taking covered by this Section. City shall not be responsible for the design or construction of the property to be dedicated or the improvements pursuant to the approved improvement plans or map, regardless of any negligent action or inaction taken by the City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Subdivider submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design.
Subdivision Improvement Agreement Page 13 of 22 Revised 1/31/2023 After recordation of the Notice of Acceptance, the Subdivider shall remain obligated to eliminate any latent defect in design or dangerous condition caused by the design or construction defect; however, Subdivider shall not be responsible for routine maintenance. The provisions of this paragraph shall remain in full force and effect for ten (10) years following the recordation of the Notice of Acceptance by the City of the Works of Improvements. It is the intent of this section that Subdivider shall be responsible for all liability for design and construction of the improvements installed or work done pursuant to this Agreement and that City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving or reviewing any work or construction. The improvement security shall not be required to cover the provisions of this Paragraph.
Subdivider shall reimburse the City for all costs and expenses, including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs, incurred by City in enforcing this Section.
10. Subdivider's indemnity of Project Approval. Subdivider shall defend, indemnify, and hoid harmless the City and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning the Subdivision. The City shall promptly notify the Subdivider of any claim, action, or proceeding and cooperate fully in the defense of any such claim, action, or proceeding. In the event City fails to promptly notify the Subdivider of any claim, action, or proceeding, or if the City fails to cooperate in the defense, the Subdivider shall not thereafter be responsible to defend, indemnify, or hold harmless the City. Nothing in this Section prohibits the City from participating in the defense of any claim, action, or proceeding if City bears its own attorney's fees and costs and defends the action in good faith. Subdivider shall not be required to pay or perform any settlement unless the settlement is approved by the Subdivider.
11. Insurance Requirements.
11.1. Subdivider, at Subdivider's sole cost and expense and for the full term of this Agreement and any extensions thereto, shall obtain and maintain all of the following minimum insurance requirements in a form approved by the City's authorized designee for Risk Management prior to commencing any work:
(a) Commercial General Liability policy with a minimum combined single limit of One Million Dollars ($1,000,000) for each occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, personai injury, and property damage arising out of or in connection with the activities of Subdivider 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:
Premises-operations; including X, C, and U coverage;
(ii) Owners' and contractors' protection;
Subdivision Improvement Agreement Page 14 of 22 Revised 1/31/2023 (ili) 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
(1) Any and all mobile equipment including cranes which are not covered under the above Commercial Business Auto policy shall have said coverage provided under the Commercial General Liability policy. (c) Workers Compensation and Employers' Liability policy in accordance with the laws of the State of California and providing coverage for any and all employees of the Subdivider:
This policy shall provide coverage for Workers' Compensation (Coverage A); and
This policy shall provide coverage for $1,000,000 Employers' Liability (Coverage B).
(iii) Pursuant to Labor Code section 1861, Subdivider by executing this Agreement certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." Subdivider 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 Subdivider shall file with the City's Risk Manager a Certificate of Insurance or certification of permission to self-insure workers' compensation conforming to the requirements of the Labor Code.
Subdivision Improvement Agreement Page 15 of 22 Revised 1/31/2023 (a) Endorsements. All of the following endorsements are required to be made a part of each of the above-required policies as stipulated below:
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 Subdivider; and with respect to liability arising out of work or operations performed by or on behalf of the Subdivider including materials, parts or equipment furnished in connection with such work or operations. b. Primary Insurance. For any claims related to this project, the Subdivider'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 shall be excess of the Subdivider's insurance and shall not contribute with it. This endorsement is not applicable to the Commercial Vehicle/ Automotive Liability Policy.
Waiver of Subrogation. Endorsements waiving all rights of subrogation against the City of Rialto, its officials, officers, employees, agents and independent contractors shail 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 Subdivider ten (10) days' notice for cancellation due to non-payment). Subdivider further agrees to:
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. Subdivider shall not commence work under this Agreement until Subdivider has obtained all insurance required pursuant to this Section, and such insurance has been approved by City; nor shall Subdivider allow Subdivision Improvement Agreement Page 16 of 22 Revised 1/31/2023 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 Subdivider 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 Subdivider. 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 Subdivider, and further provided that such insurer 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 Subdivider, and further 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 Subdivider to City and subsequently approved by City prior to its execution of this Agreement and prior to commencement of any work hereunder.
At City's option, Subdivider shall either reduce or eliminate the deductibles or self- insured retentions with respect to City, or Subdivider shall procure a bond guaranteeing payment of losses and expenses.
Proof of Coverage. Subdivider 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 Subdivider to provide reports or status updates to evidence compliance of its contractors and subcontractors with the provisions of this Section. Subdivider'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
Subdivision Improvement Agreement Page 17 of 22 Revised 1/31/2023
12. Environmental Warranty.
12.1. Prior to the acceptance of any dedications or Works of Improvement by City, Subdivider shall provide City with a written warranty in a form substantially similar to Exhibit "C" attached hereto and incorporated herein by reference, that:
(a) Neither the property to be dedicated nor Subdivider are in violation of any environmental law, and neither the property to be dedicated nor the Subdivider are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated.
(b) Neither Subdivider nor any other person with Subdivider's permission to be upon the property to be dedicated shall use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this Agreement, the term "Hazardous Substances" shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as "Toxic Materials" in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies.
property adjacent to, or in the vicinity of, the property to be dedicated. (d) Subdivider's prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated.
12.2. Subdivider shall give prompt written notice to City of:
(a) Any proceeding or investigation by any federal, state or local governmental (b) authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated.
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
Subdivision Improvement Agreement Page 18 of 22 Revised 1/31/2023 (d) Subdivider's discovery of any occurrence or condition on any property adjoining or in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law.
13. General Provisions.
13.1. Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof. Subdivider hereby consents to City recording this Agreement as official records of San Bernardino County, affecting fee title interest to the Property to provide constructive notice of the rights and obligations incurred by Subdivider in the City's approval of this Agreement. In the event the Property is subsequently conveyed by Subdivider to a third party prior to completion of the Works of Improvement, whereby the third party is intended to assume Subdivider's responsibilities with regard to this Agreement, (the "Replacement Subdivider"), the rights and obligations of this Agreement shall transfer to the Replacement Subdivider; however, the Security Instruments required pursuant to Section 4 of this Agreement, and furnished by Subdivider as a condition of the City's approval of this Agreement, shall remain Subdivider's responsibility to maintain until such time as Subdivider and its Replacement Subdivider enter into a Transfer and Assignment of Subdivision Agreement, (the "Transfer Agreement"), to acknowledge the transfer of fee title to the Property from the Subdivider to its Replacement Subdivider, and to acknowledge the rights and obligations associated with this Agreement upon the Replacement Subdivider, including Replacement Subdivider's responsibility to furnish replacement Security Instruments meeting the City's approval pursuant to Section 4 of this Agreement. Until such time as a Transfer Agreement, meeting the City's approvai, is executed by Subdivider and its Replacement Subdivider, and replacement Security Instruments meeting City's approval are furnished by the Replacement Subdivider, Subdivider retains sole responsibility for maintaining all Security Instruments required pursuant to Section 4 of this Agreement.
13.2. No Third Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity.
13.3. No Vesting Rights. Performance by the Subdivider of this Agreement shail not be construed to vest Subdivider's rights with respect to any change in any zoning or building law or ordinance.
13.4. Subdivider is Not Agent of City. Neither Subdivider nor Subdivider's agents, contractors, or subcontractors are agents or contractors of the City in connection with the performance of Subdivider's obligations under this Agreement.
13.5. Time of the Essence. Time is of the essence of Subdivider's performance of all of its obligations under this Agreement.
Subdivision improvement Agreement Page 19 of 22 Revised 1/31/2023
13.6. Notices. Unless otherwise specified in this Agreement, all notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notice shall be provided to the persons listed on Pages 1 and 2 of this Agreement by the parties for this purpose.
Either party may provide a new designated representative and/or address by written notice as provided in this Section.
13.7. No Apportionment. Nothing contained in this Agreement shall preclude City from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other subdividers for the apportionment of costs of water and sewer mains, or other improvements pursuant to the provisions of the City ordinances providing, therefore. Nor shall anything in the Agreement commit City to any such apportionment.
13.8. Severability. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.
13.9. Captions. The captions of this Agreement are for convenience and reference only and shall not be used in the interpretation of any provision of this Agreement.
13.10. Incorporation of Recitals. The recitals to this Agreement are hereby incorporated into the terms of this Agreement.
13.11. Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California.
13.12. Entire Agreement; Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereio, and supersedes ail negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties.
13.13. Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall be deemed one original.
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;
Subdivision improvement Agreement Page 20 of 22 Revised 1/31/2023 (ili) 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]
Subdivision Improvement Agreement Page 21 of 22 Revised 1/31/2023 IN WITNESS WHEREOF, the City and the Subdivider have caused this Agreement to be executed the day and year first above written.
CITY OF RIALTO, CALIFORNIA SUBDIVIDER
By: Arron Brown. Acting City Manager By:
Title: RENAISSANCE TRAVEL
CENTER, LP., Hagop
Kofdarali, Manager
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:
nih
By:
Nabil S. Henein Michae! Ackerman
Acting City Engineer
Subdivision Improvement Agreement Page 22 of 22 Revised 1/31/2023 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer competing this certificate verifies oniy the identity of the individuai 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 Riverside
onculy ob 2023 before me, Kathleen valenzuela notary poblic Here Insert Name and Title of the Officer
personally appeared Hagop Kofdaral
Name(s) of Signers)
Who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is / are subscribed to the within instrument and acknowledged to me that he / she / they executed the same in his / her / their authorized capacity(ies), and that they by his / her / their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.
KATHLEEN VALENZUELA
Notary Public - California
Riverside County WITNESS my hand and official seal.
Commission # 2386215
My Comm. Expires Jan 7, 2026
signature hathleen Valenzuela
Signature of Notary Public
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General L Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer is Representing: Signer is Representing:
EXHIBIT "A"
MAP LEGAL DESCRIPTION
iMap No. _, as recorded in viap Book _ , Pages _through _ inciusive, records of San Bernardino County, California.
Exhibit "A"
EXHIBIT "B"
TENTATIVE PARCEL MAP 20439 CONDITIONS OF APPROVAL
The Conditions issued to Subdivider for development of the Property follow this page.
Exhibit "B"
1 RESOLUTION NO. 2021-42
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF RIALTO, CALIFORNIA APPROVING TENTATIVE
PARCEL MAP NO. 2021-0001 TO ALLOW THE SUBDIVISION
4 OF ONE (1) 4.27 ACRE PARCEL OF LAND (APN: 0240-211-14)
LOCATED AT THE SOUTHEAST CORNER OF ALDER
5 AVENUE AND RENAISSANCE PARKWAY WITHIN THE
6 FREEWAY COMMERCIAL (FC) LAND USE DISTRICT OF THE
RENAISSANCE SPECIFIC PLAN INTO TWO (2) NEW PARCELS
7 OF LAND - PARCEL 1 (0.87 ACRES) AND PARCEL 2 (3.40
ACRES).
8 9 WHEREAS, the applicant, J & T Management, Inc., proposes to subdivide one 4.27-acre 10 parcel of land (APN: 0240-211-14) located at the southeast corner of Alder Avenue and 11 Renaissance Parkway within the Freeway Commercial (FC) land use district of the Renaissance 12 Specific Plan ("Site") into two (2) new parcels of land - Parcel 1 (0.87 acres) and Parcel 2 (3.40 13 acres) ("Project"); and
14 WHEREAS, on September 30, 2020, the Planning Commission adopted Planning 15 Commission Resolution Nos. 2020-27 through 2020-33 approving Conditional Development 16 Permit No. 2019-0022, Conditional Development Permit Nos. 2020-0013 through 2020-0017, and 17 Precise Plan of Design No. 2019-0048, which allowed the development and operation of a vehicle 18 fuel station consisting of a 5,324 square foot canopy with sixteen (16) fuel dispensers, a 1,152 19 square foot canopy with six (6) fuel dispensers, a 4,400 square foot convenience market with the 20 sale of beer and wine, a 1,798 square foot quick-service restaurant with drive-thru service, a 1,750 21 square foot quick-service restaurant, and a 2,542 square foot stand-alone restaurant building with 22 drive-thru service (collectively "Alder Renaissance Project") on the Site; and 23 WHEREAS, on July 14, 2021, the Planning Commission adopted Planning Commission 24 Resolution Nos. 2021-0031 through 2021-0033 approving a modification to the proposed Alder 25 Renaissance Project, which consists of a reduction in floor area from 4,400 square feet to 4,138 square 26 feet for the previously approved convenience market, the elimination of the two (2) previously 27 approved quick-service restaurants totaling 3,548 square feet in size, and the incorporation of a new 28 1,430 square foot automated car wash; and
-1-
1 WHEREAS, the Project will create separate parcels for the vehicle fuel station and the stand- 2 alone restaurant building with drive-thru service; and 3 WHEREAS, the Project within the Freeway Commercial (FC) land use district requires the 4 approval of a tentative parcel map, and the Applicant has agreed to apply for a TPM No. 2021- 5 0001, also referred to as Tentative Parcel Map No. 20439, ("TPM No. 20439"), in accordance with 6 Government Code Sections 66473.5 and 66474; and
7 WHEREAS, on September 8, 2021, the Planning Commission of the City of Rialto 8 conducted a duly noticed public hearing, as required by law, on TPM No. 20439, took testimony, 9 at which time it received input from staff, the city attorney, and the applicant; heard public 10 testimony; discussed the proposed TPM No. 20439; and closed the public hearing; and 11 WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. 12 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rialto 13 as follows:
14 SECTION 1. The Planning Commission hereby specifically finds that all of the facts set forth 15 in the recitals above of this Resolution are true and correct and incorporated herein. 16 SECTION 2. Based on substantial evidence presented to the Planning Commission during 17 the public hearing conducted with regard to TPM No. 20439, including written staff reports, verbal 18 testimony, site plan, other documents, and the conditions of approval stated herein, the Planning 19 Commission hereby determines that TPM No. 20439 satisfies the requirements of Government Code 20 Sections 66473.5 and 66474 pertaining to the findings which must be made precedent to approving a 21 tentative map. The findings are as follows:
22 That the proposed Tentative Parcel Map is consistent with the General Plan of the City of Rialto and the Freeway Commercial (FC) land use district of the Renaissance 23 Specific Plan; and
24 This finding is supported by the following facts:
25 26 The Site has a General Plan designation of Specific Plan with a Specific Plan Overlay and a zoning designation of Renaissance Specific Plan. Within the Renaissance Specific Plan, the 27 Site has a land use designation of Freeway Commercial (FC). The Project will subdivide the Site into two (2) new parcels of land - Parcel 1 (0.87 acres) and Parcel 2 (3.40 acres). Per 28 Table 3-5 (Development Standards), of the Renaissance Specific Plan, new parcels within the -2-
1 FC land use district require a minimum lot size of 15,000 square feet, a minimum lot width of one-hundred (100) feet, and a minimum depth of one-hundred (100) feet. The proposed 2 parcels greatly exceed the required minimum size.
3 2. That the design and improvements of the proposed tentative parcel map are consistent 4 with the Subdivision Ordinance, the General Plan of the City of Rialto, and the Freeway Commercial (FC) land use district of the Renaissance Specific Plan. 5 This finding is supported by the following facts:
6 7 The Project will comply with all technical standards required by Subdivision Map Act, the General Plan of the City of Rialto, and the FC land use district of the Renaissance Specific 8 Plan. The proposed parcels will exceed the minimum size requirements of the FC land use district of the Renaissance Specific Plan.
9 10 3. That the site is physically suitable for the type of proposed development; and 11 This finding is supported by the following facts:
12 The Site is a relatively flat piece of land and development of the land should be easily 13 accommodated. The Applicant will be required to submit a grading plan and geotechnical/soils report for the Alder Renaissance Project to the Public Works Department 14 for review and approval prior to issuance of any building permits. 15 4.
That the site is physically suitable for the proposed density of the development; and 16 This finding is supported by the following facts:
17 18 The Project will subdivide the Site into two (2) new parcels of land - Parcel 1 (0.87 acres) and Parcel 2 (3.40 acres) - in conjunction with the development of a vehicle fuel station 19 comprised of a 5,324 square foot canopy with sixteen (16) fuel dispensers, a 1,152 square foot canopy with six (6) fuel dispensers, a 4,138 square foot convenience market with the sale of 20 beer and wine, a 1,430 square foot automated car wash, and a 2,542 square foot stand-alone 21 restaurant building with drive-thru service. Per Footnote 6 of Table 3-5 (Development Standards - Business and Commercial Uses) of the Renaissance Specific Plan, the maximum 22 allowable Floor Area Ratio (FAR) for parcels less than 5.0 acres within Planning Area 5 is
0.25. The FAR proposed for each parcel is as follows:
23 24 • Parcel 1 - 0.067
Parcel 2 - 0.081
25 26 The proposed FAR for each parcel is within the allowable limit established by the Renaissance Specific Plan.
27 5. That the design of the land division is not likely to cause substantial environmental 28 damage or substantially injure fish, wildlife, or their habitat; and -3-
1 This finding is supported by the following facts:
2 The Site is completely undeveloped and covered by natural grasses and shrubs. The Initial 3 Study (Environmental Assessment Review No. 2021-0020) and supporting technical 4 studies prepared for the Alder Renaissance Project identified that the Site did not have suitable habitat for any threatened or endangered species. 5 That the design of the land division is not likely to cause serious public health 6 problems; and
7 This finding is supported by the following facts:
8 The Project is consistent with the General Plan and the Freeway Commercial (FC) land use 9 district within the Renaissance Specific Plan. The project site is bound by Renaissance 10 Parkway to the north and Alder Avenue to the west. To the north of the project site, across Renaissance Parkway, is approximately 2.27 acres of vacant land, and to the east and south 11 of the project site is a 499,000 cold-storage warehouse facility currently occupied by Target. To the west, across Alder Avenue, is a Fontana Water Company water reservoir 12 facility. The proposed development associated with the land subdivision is consistent with 13 the FC land use district of the Renaissance Specific Plan. There are no sensitive uses immediately adjacent to or nearby the project site. As such, the project will not negatively 14 affect the surrounding area. Additionally, the project has been reviewed by the City staff for compliance with all health, safety, and design requirements to ensure the project will 15 significantly enhance the infrastructure and aesthetics of the local community. 16 7. That the design of the land division or proposed improvements will not conflict with 17 easements, acquired by the public at large, for access through or use of, property 18 within the proposed land division.
19 This finding is supported by the following facts:
20 Prior to the completion of the Project, the Final Map, the required street dedication, and the required landscape easements will be recorded and approved by the Public Works 21 Department. Additionally, all required site adjacent improvements will be reviewed and 22 approved by the Public Works Department and will be constructed prior to the issuance of the 23 24 SECTION 3. The Project is categorically exempt from the requirements of the California 25 Environmental Quality Act (CEQA), pursuant to Section 15315, Minor Land Divisions. The 26 Planning Commission directs the Planning Division to file the necessary documentation with the 27 Clerk of the Board of Supervisors for San Bernardino County. 28 -4-
1 SECTION 4. The Planning Commission hereby approves TPM No. 20439 to allow the 2 subdivision of one (1) 4.27-acre parcel of land (APN: 0240-211-14) located at the southeast corner of 3 Alder Avenue and Renaissance Parkway within the Freeway Commercial (FC) land use district of 4 the Renaissance Specific Plan into two (2) new parcels of land - Parcel 1 (0.87 acres) and Parcel 2 5 (3.40 acres), in accordance with the plans and application on file with the Planning Division, subject 6 to the following conditions:
7 1. TPM No. 20439 is approved allowing the subdivision of one (1) 4.27-acre parcel of 8 land (APN: 0240-211-14) located at the southeast corner of Alder Avenue and Renaissance Parkway within the Freeway Commercial (FC) land use district of the Renaissance Specific Plan into two (2) new parcels of land - Parcel 1 (0.87 acres) and 10 Parcel 2 (3.40 acres), as shown on the tentative parcel map attached hereto as Exhibit A, and as approved by the Planning Commission. If the Conditions of Approval 11 specified herein are not satisfied or otherwise completed within the required time, the Project shall be subject to revocation.
12 13 2. 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. 14 3. The applicant shall indemnify, protect, defend, and hold harmless, the City of Rialto, 15 and/or any of its officials, officers, employees, agents, departments, agencies, and 16 instrumentalities thereof (collectively, the "City Parties"), from any and all claims, demands, law suits, writs of mandamus, and other actions and proceedings (whether 17 legai, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, 18 and other such procedures), (collectively "Actions"), brought against the City, and/or 19 any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or 20 annul, the any action of, or any permit or approval issued by, the City and/or any of its 21 officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the 22 Project (collectively, the "Entitlements"), whether such Actions are brought under the California Environmental Quality Act, the Planning and Zoning Law, the Subdivision 23 Map Act, Code of Civil Procedure Chapter 1085 or 1094.5, the California Public 24 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, 25 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, 26 attorneys' fees and other costs, liabilities and expenses incurred in connection with 27 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) 28 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 -5-
Damages incurred by any of the City Parties in such Action(s) are a result of the City 1 Parties' fraud, intentional misconduct or gross negligence in connection with issuing 2 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 3 TPM No. 2021-0001.
4 4. In accordance with the provisions of Government Code Section 66020(d)(1), the 5 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 6 Project or within 90 days after the date of the imposition of the fees, dedications, 7 reservations, or exactions imposed on the Project.
8 5. The development associated with TPM No. 2021-0001 shall comply with all Conditions of Approval contained within CDP No. 2020-0013, CDP No. 2020-0014, CDP No. 2020- 9 0015, CDP No. 2020-0016, CDP No. 2020-0017, CDP No. 2021-0003, CDP No. 2021- 10 0024, and PPD No. 2021-0004.
11 6. TPM No. 20439 shall comply with all applicable sections of the Renaissance Specific Plan, the Rialto Municipal Code, and all other applicable State and local laws and 12 ordinances.
13 7. All conditions of approval for TPM No. 20439 shall be completed to the satisfaction of 14 the City Engineer prior to the issuance of a Certificate of Occupancy. 15 8. Prior to the issuance of Grading/On-site Construction Permit, the applicant shall apply 16 and complete the Special District Annexation for the public street lighting and the public landscape and irrigation into the Landscape and Lighting Maintenance District 2 17 (LLMD2), including applicable specific plan required landscape easement areas, parkway 18 areas, and raised medians along the property frontage. 19 9. 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. 20 2 ("LLMD 2"') or enter into a landscape maintenance agreement to be recorded on the 21 property. 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 22 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 23 submitted by the property owner prior to issuance of a building permit. The annexation 24 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, 25 the annexation process shall be completed prior to issuance of any certificate of 26 27
permitting process to avoid any delays with issuance of permit(s) and certificate(s) of 28 Occupancy or approval of final map(s)
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1 10. The applicant shall submit off-site landscaping and irrigation system improvement plans 2 for review and approval at the time of first (1) public improvement plan submittal to the Public Works Department. The parkway irrigation system shall be separately metered 3 from the on-site private irrigation to be maintained for a period of one (1) year and 4 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 5 Maintenance District No. 2 via a City Council Public Hearing. The landscape and irrigation plans shall be approved concurrently with the street improvement plans, prior 6 to issuance of a building permit. The landscaping architect must contact the City of Rialto 7 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 8 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. 9 10 11. 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 11 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 12 shall be subject to a subsequent one-year landscape maintenance period. The applicant 13 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. 14 12. The applicant shall install City Engineer approved deep root barriers, in accordance with 15 the Public Works Landscape and Irrigation Guidelines, for all trees installed within ten 16 (10) feet of the public sidewalk and/or curb.
17 13. A single master Off-site Construction Permit is required for any street, wet utility, landscape and irrigation, and traffic signal improvements along the project frontage within 18 the public right-of-way. In an effort to expedite and facilitate improvements in the public 19 right-of-way, the applicant is responsible for submitting a multi-phase master plan traffic control plan which includes all phases of construction along the project frontage in the 20 public right-of-way i.e. sewer, water, overhead, underground, etc. prior to the issuance of 21 an Off-site Construction Permit. Note, in an effort to simplify the permitting process, a single master Off-Site Construction Permit shall replace individual Encroachment Permits 22 to be pulled by the developer's contactor.
23 14. If required by the City's spacing requirements, all new street lights shall be installed on 24 an independently metered, City-owned underground electrical system. The developer shall be responsible for applying with Southern California Edison ("SCE") for all 25 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 26 annexed into LLMD 2.
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15. The applicant shall submit street improvement plans by a registered California civil 1 engineer to the Public Works Engineering Division for review. The plans shall be 2 approved by the City Engineer prior to the approval of Parcel Map No. 20439. 3 16. The applicant shall submit street light improvement plans by a registered California civil 4 engineer to the Public Works Engineering Division for review. The plans shall be approved by the City Engineer prior to the approval of Parcel Map No. 20439. 5 17. The applicant shall submit sewer improvement plans by a registered California civil 6 engineer to the Public Works Engineering Division for review. The plans shall be 7 approved by the City Engineer prior to the approval of Parcel Map No. 20439. 8 18. 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 approval of Parcel Map No. 20439. 10 19. The applicant shall submit copies of approved water improvement plans prepared by a 11 registered California civil engineer to the Public Works Engineering Division for record purposes. The plans shall be approved by West Valley Water District, the water purveyor, 12 prior to the approval of Parcel Map No. 20439.
13 20. The applicant shall submit a Precise Grading/Paving Plan prepared by a California 14 registered civil engineer to the Public Works Engineering Division for review and 15 approval. The Grading Plan shall be approved by the City Engineer prior to approval of Tract Map No. 20439 and prior to the issuance of any building permit. 16 21. The applicant shall submit a Geotechnical/Soils Report, prepared by a California 17 registered Geotechnical Engineer, for and incorporated as an integral part of the grading 18 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 19 Grading Plan.
20 22. The applicant shall provide pad elevation certifications for all building pads in 21 conformance with the approved Precise Grading Plan, to the Engineering Division prior to construction of any building foundation.
22 23. The public street improvements outlined in these Conditions of Approval are intended to 23 convey to the developer an accurate scope of required improvements, however, the City 24 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 25 by these conditions.
26 24. The applicant shall construct asphalt concrete paving for streets in two separate lifts. The 27 final lift of asphalt concrete pavement shall be postponed until such time that on-site construction activities are complete. Unless the City Engineer provides prior 28 authorization, paving of streets in one lift prior to completion of on-site construction is not -8-
1 allowed. If City Engineer authorized, completion of asphalt concrete paving for streets prior to completion of on-site construction activities, requires additional paving 2 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 3 other repairs.
4 25. The applicant shall repair all street cuts for utilities in accordance with City Standard SC- 5 231 within 72 hours of completion of the utility work; and any interim trench repairs shall consist of compacted backfill to the bottom of the pavement structural section followed 6 by placement of standard base course material in accordance with the Standard 7 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 8 pavement surface and provide a smooth pavement surface until permanent cap paving occurs using an acceptable surface course material.
10 26. 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 11 street repair standards as referenced in Section 11.04.145 of the Rialto Municipal Code. 12 27. The applicant shall backfill and/or repair any and all utility trenches or other excavations 13 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 14 be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete 15 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 16 development (i.e. Fontana Water Company, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, 17 and other street cuts within existing asphalt concrete pavement of off-site streets resulting 18 from 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 19 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 development. 20 21 28. In accordance with Chapter 15.32 of the City of Rialto Municipal Code, all existing electrical distribution lines of sixteen thousand volts or less and overhead service drop 22 conductors, and all telephone, television cable service, and similar service wires or lines, which are on-site, abutting, and/or transecting, shall be installed underground. Utility 23 undergrounding shall extend to the nearest off-site power pole; no new poles utility poles shall be installed unless otherwise approved by the City Engineer. A letter from the owners 24 of the affected utilities shall be submitted to the City Engineer prior to approval of the 25 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 26 undergrounding plans. When available, the utility undergrounding plan shall be submitted 27 to the City Engineer identifying all above ground facilities in the area of the project to be undergrounded.
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29. The applicant shall replace all damaged, destroyed, or modified pavement legends, traffic 1 control devices, signing, striping, and streetlights, associated with the proposed 2 development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy.
3 4 30. 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 of 5 Rialto Standard Drawings, as required by the City Engineer, prior to the issuance of a Certificate of Occupancy.
6 7 31. 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 8 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 9 on Uniform Traffic Control Devices, or subsequent editions in force at the time of 10 construction.
11 32. Upon approval of any public improvement plan by the City Engineer, the improvement 12 plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat) 13 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. 14 15 33. The applicant shall construct 4-inch conduit within the parkway area along the entire project frontages of Alder Avenue and Renaissance Parkway for future use (i.e., fiber- 16 optics, etc.), prior to the issuance of a Certificate of Occupancy. 17 34. The applicant shall install "No Stopping Any Time" R26A(S) (CA) signage along the 18 entire frontages of Alder Avenue and Renaissance Parkway, prior to the issuance of a Certificate of Occupancy.
19 35. The applicant shall dedicate additional right-of-way along the entire frontage of 20 Renaissance Parkway, as necessary, to provide the ultimate half-width of 54 feet, as 21 required by the City Engineer
22 36. The applicant shall dedicate a 10-foot-wide landscape easement along the entire project frontage of Renaissance Parkway, as required by the City Engineer. 23 24 37. The applicant shall dedicate additional right-of-way along the entire frontage of Alder Avenue, as necessary, to provide the ultimate half-width of 50 feet, as required by the City 25 Engineer.
26 38. The applicant shail dedicate a 10-foot-wide iandscape easement along the entire project 27 frontage of Alder Avenue, as required by the City Engineer. 28 -10-
39. The applicant shall dedicate additional right-of-way as may be required to provide a i
property line corner cutback at the southeast corner of the intersection of Alder Avenue 2 and Renaissance Parkway, in accordance with City Standard SC-235, as required by the City Engineer.
3 4 40. The applicant shall construct three (3) new commercial driveway approaches - two (2) on Alder Avenue and one (1) on Renaissance Parkway, in accordance with City of Rialto 5 Standard Drawings, or as otherwise approved by the City Engineer. The driveway approaches shall be constructed so the top of "X" is 5 feet from the property line, or as otherwise approved by the City Engineer. Nothing shall be constructed or planted in the 7 corner cut-off area which does exceed or will exceed 30 inches in height in order to maintain an appropriate corner sight distance, as required by the City Engineer. 8 41. The applicant shall dedicate additional right-of-way as may be required to provide 9 property line corner cutbacks at the corners of all new project driveways, in accordance 10 with City Standard SC-235, as required by the City Engineer
42. The applicant shall provide documentation of a recorded reciprocal access agreement or 12 easement between the two (2) new parcels, prior to the issuance of a grading permit. 13 43. The applicant shall construct a sixteen (16) foot wide raised and landscaped median island along the entire project frontage of Alder Avenue, as required by the City Engineer and 14 the Renaissance Specific Plan. The median nose width shall be constructed at 4 feet wide 15 and shall have stamped concrete. The left turn pocket shall be designed in accordance with Section 405 of the current edition of the Caltrans Highway Design ivanual, and/or 16 as approved by the City Engineer.
17 44. At the discretion of the City Engineer, the applicant shall remove existing pavement and 18 construct new pavement with a minimum pavement section of 4 inches asphalt concrete pavement over 6 inches crushed aggregate base with a minimum subgrade of 24 inches at 19 95% relative compaction, or equal, along the entire frontages of Alder Avenue and Renaissance Parkway in accordance with City of Rialto Standard Drawings. The 20 pavement section shall be determined using a Traffic Index ("TI") of 6. The pavement 21 section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted io the City Engineer for approval. Pavemen 22 shall extend from clean sawcut edge of pavement at centerline of each stree 23 45. Replace any existing damaged sections of the curb and gutter with an 8-inch curb and 24 gutter along the entire frontage in accordance with City of Rialto Standard Drawings and the General Plan or applicable Specific Plan.
25 46. The applicant shall construct a 5-foot-wide sidewalk located 10 feet behind the edge of 26 curb along the entire project frontage of Renaissance Parkway, in accordance with City 27 of Rialto Standard Drawings.
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1 47. At the discretion of the City Engineer, the applicant shall construct a 5-foot-wide sidewalk located 7 feet behind the edge of curb along the entire project frontage of Alder Avenue, 2 in accordance with City of Rialto Standard Drawings.
3 48. The applicant shall construct curb ramps meeting current California State Accessibility 4 standards along both sides of each commercial driveway approach. The applicant shall ensure that an appropriate path of travel, meeting ADA guidelines, is provided across the 5 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 6 pedestrian and sidewalk easements shall be provided on-site to construct a path of travel 7 meeting ADA guidelines.
8 49. At the discretion of the City Engineer, the applicant shall construct a curb ramp meeting current California State Accessibility standards at the southeast corner of the intersection 9 of Alder Avenue and Renaissance Parkway, in accordance with the City of Rialto 10 Standard Drawings. The applicant shall ensure that an appropriate path of travel, meeting ADA guidelines, is provided across the westerly driveway, and shall adjust the location 11 of the access ramps, if necessary, to meet ADA guidelines, subject to the approval of the 12 City Engineer. If necessary, additional pedestrian and sidewalk easements shall be provided on-site to construct a path of travel meeting ADA guidelines. 13 50. The minimum pavement section for all on-site pavements shall be 2½ inches asphalt 14 concrete pavement over 4 inches crushed aggregate base with a minimum subgrade of 24 15 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 16 Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval.
51. The applicant shall construct a new underground electrical system for public street lighting improvements along the project frontages of Alder Avenue and Renaissance Parkway, as determined necessary by the City Engineer. New marbelite street light poles with LED light fixtures shall be installed in accordance with City of Rialto Standard 20 Drawings.
21 52. The applicant shall connect to the City of Rialto sewer system and apply for a sewer 22 connection account with Rialto Water services.
23 53. The development of the site is subject to the requirements of the National Pollution 24 Discharge Elimination System (NPDES) Permit for the City of Rialto, under the Santa Ana Regional Water Quality Control Board, Board Order No. R8-2010-0036. Pursuant to 25 the NDES Permit, the applicant shall ensure development of the site incorporates post- construction Best Management Practices ("BMPs") in accordance with the Model Water 26 Quality Management Plan ("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 28 the City Engineer for review and approval.
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54. The applicant shall provide certification from Rialto Water Services that demonstrates 2 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 3 Works Engineering Division.
4 55. The applicant is advised that domestic water service is provided by Fontana Water 5 District. The developer shall be responsible for coordinating with Fontana Water District and complying with all requirements for establishing domestic water service to the 6 property.
56. The applicant shall submit a Water Quality Management Plan identifying site specific 8 Best Management Practices ("BMPs") in accordance with the Model Water Quality Management Plan ("WQMP") approved for use for the Santa Ana River Watershed. The 9 site specific WQMP shall be submitted to the City Engineer for review and approval with 10 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 11 BMPs constructed pursuant to the approved WQMP. The WQMP and Maintenance Agreement shall be approved prior to issuance of a building permit, unless otherwise 12 allowed by the City Engineer. The development of the Site is subject to the requirements 13 of the National Pollution Discharge Elimination System (NDES) Permit for the City of Rialto, issued by the Santa Ana Regional Water Quality Control Board, Board Order No. 14 R8-2010-0036. Pursuant to the NDES Permit, the Applicant shall ensure development of the site incorporates post-construction Best Management Practices ("BMPs") in 15 accordance with the Model Water Quality Management Plan (WQMP") approved for 16 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 17 site specific WQMP submitted to the City Engineer for review and approval. 18 57. The applicant shall prepare a Notice of Intent (NOT) to comply with the California General 19 Construction Stormwater Permit (Water Quality Order 2009-0009-DWQ as modified September 2, 2009) as required via the California Regional Water Quality Control Board 20 online SMARTS system. A copy of the executed letter issuing a Waste Discharge 21 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 22 Storm Water Pollution Prevention Plan ("SWPPP") as required by the General Construction Permit. All appropriate measures to prevent erosion and water pollution 23 during construction shall be implemented as required by the SWPPP. 24 58. Prior to issuance of a certificate of occupancy or final City approvals, the applicant shall 25 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. 26 27 59. 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 28 on the site, on-site retention or other facilities approved by the City Engineer shall be - 13-
required to contain the increased stormwater runoff generated by the development of the 1 property. Provide a hydrology study to determine the volume of increased stormwater 2 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 3 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 4 configuration or layout consistent with the findings of the final hydrology study. The 5 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 6 100-year frequency storm.
7 60. Direct release of on-site nuisance water or stormwater runoff shall not be permitted to the 8 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 9 storm drain system that collects and conveys nuisance water to landscape or parkway 10 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 11 NDES stormwater regulations.
12 61. Any utility trenches or other excavations within existing asphalt concrete pavement of off- 13 site streets required by the proposed development shall be backfilled and repaired in accordance with City of Rialto Standard Drawings. The Applicant shall be responsible 14 for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of 15 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. West Valley Water District, Southern California Edison, Southern California Gas Company, Spectrum, Verizon, etc.). 17 Multiple excavations, trenches, and other street cuts within existing asphalt concrete 18 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 19 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 construction of the proposed 20 development.
21 62. The original improvement plans prepared for the proposed development and approved by 22 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 23 of occupancy. Any modifications or changes to approved improvement plans shall be 24 submitted to the City Engineer for approval prior to construction. 25 63. 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 26 Collection of the City of Rialto Municipai Code).
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1 64. 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 2 not already identified:
3 a. 6 foot high tan colored perimeter screened fencing 4 b. Contractor information signage including contact information along the street frontage of Alder Avenue and Renaissance Parkway.
5 c. Post dust control signage with the following verbiage: "Project Name, WDID No., IF YOU SEE DUST COMING FROM THIS PROJECT CALL: NAME (XXX) 6 XXX-XXX, If you do not receive a response, please call the AQMD at 1-800- CUT-SMOG/1-800-228-7664"
7 8 65. The applicant shall remove any graffiti within 24 hours, before, during, and post construction.
9 10 66. The applicant shall submit a final parcel map (Parcel Map No. 20439), prepared by a California registered Land Surveyor or qualified Civil Engineer, to the Public Works 11 Engineering Division for review and approval. A Title Report prepared for subdivision 12 guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with Parcel 13 Map No. 20439 to the Public Works Engineering Division as part of the review of the Map. Parcel Map No. 20439 shall be approved by the City Council prior to issuance 14 of any building permits.
15 67. In accordance with Government Code 66462, all required public improvements shall be 16 completed prior to the approval of a final map (Parcel Map No. 20439). Alternatively, the applicant may enter into a Subdivision Improvement Agreement to secure the cost of 17 all required public improvements at the time of requesting the City Engineer's approval 18 of Parcel Map No. 20439. If a Subdivision Improvement Agreement is requested by the applicant, a fee of $2,000 shall be paid for preparation and processing of the Subdivision 19 Improvement Agreement. The applicant will be required to secure the Subdivision Improvement Agreement pursuant to Government Code 66499 in amounts determined by 20 the City Engineer.
21 68. The applicant shall comply with all other applicable State and local ordinances. 22 69. Pursuant to Section 17.16.050A of the Rialto Municipal Code, approval of TPM No. 23 20439 is granted for a period of twenty-four (24) months from the effective date of this 24 resolution. Pursuant to Section 17.16.050C of the Rialto Municipal Code, an extension of time for TPM No. 20439 may be granted by the Planning Commission for a period 25 or periods not to exceed a total of thirty-six (36) months. The period or periods of 26 extension shall be in addition to the original twenty-four (24) months. An application shaii be filed with the Planning Division for each extension together with the required 27 fee prior to the expiration date of TPM No. 20439.
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1 SECTION 6. The Chair of the Planning Commission shall sign this resolution evidencing its 2 passage and adoption and thereupon the same shall take effect and be in force. 3 PASSED, APPROVED AND ADOPTED this 8th day of_September. 2021. 4 5
6 FRANK GONZALEZ, CHAIR
7 CITY OF RIALTO PLANNING COMMISSION
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1 STATE OF CALIFORNIA )
2 COUNTY OF SAN BERNARDINO ) sS
3 CITY OF RIALTO )
4 5 I, Adrianna Martinez, Administrative Assistant of the City of Rialto, do hereby certify that 6 the foregoing Resolution No. 2021-42 was duly passed and adopted at a regular meeting of the 7 Planning Commission of the City of Rialto held on the 8*h day of September 2021. 8 Upon motion of Commissioner Dale Estvander, second by Commissioner Al Twine the 9 foregoing Resolution No. 2021-42 was duly passed and adopted. 10 ii Vote on the motion:
12 AYES: 7
13 NOES: 0
14 ABSENT:
15 IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of 16 Rialto this 8i day of September 2021.
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19 Adrianna Martinez, Administrative Assistant
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Exhibit A
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EXHIBIT "C"
TRACT NO.
(Subdivision/Unit No.)
RENAISSANCE TRAVEL CENTER, LP.
(Subdivider)
ENVIRONMENTAL WARRANTY
As a condition precedent to acceptance of the dedications and public improvements to be conveyed by the above-named Subdivider to the City of Rialto for the above-referenced Subdivision, Subdivider hereby warrants to the City of Rialto that:
1. Neither the property to be dedicated nor Subdivider are in violation of any environmental law, and neither the property to be dedicated nor the Subdivider are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated.
2. Neither Subdivider nor any other person with Subdivider's permission to be upon the property to be dedicated has used, generated, manufactured, produced, or released, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this warranty, the term "Hazardous Substances" shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as "Toxic Materials" in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies.
3. Subdivider has not caused or permitted the release of, and has no knowledge of the release or presence of, any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated.
4. Subdivider's prior and present use of the property to be dedicated has not resulted in the release of any Hazardous Substance on the property to be dedicated.
Exhibit "C"
5. All persons executing this warranty hereby represent and warrant to the City of Rialto, and Subdivider hereby represents and warrants, that the signators hereto have the legal power, right and authority to execute this warranty on behalf of the Subdivider and that the signators hereto have sufficient knowledge or expertise, either personally, through reasonable inspection and investigation of the property, or through reasonable reliance upon the investigation and professional opinion of Subdivider's environmental experts, to make the representations herein, and that no consent of any other party is required to execute this warranty and make the representations herein on behalf of the Subdivider to the City of Rialto.
Each of the undersigned persons declares under penalty of perjury that the foregoing is true and correct.
Dated: 7/2113023
SUBDIVIDER*
By: Hagp Kuflarali
*Proof of authorization for Subdivider's signatures is required to be submitted concurrently with this environmental warranty.
Exhibit "C"