Rialto City Council
April 22, 2025

PUBLIC IMPROVEMENT AGREEMENT
[2776 Lilac Trailer Drop Lot]
by and between

CITY OF RIALTO
and
SFG ISF Bloomington Lilac, LLC
Revised 2/16/2022

PUBLIC IMPROVEMENT AGREEMENT BETWEEN

THE CITY OF RIALTO
AND
SFG ISF Bloomington Lilac, LLC
Agreement Date: 3/12/2025
Developer Name: SFG ISF Bloomington Lilac, LLC (hereinafter "Developer") Project Name: 2776 Lilac Trailer Drop Lot (hereinafter "Project") Estimated Total Cost of Improvements: $ 102,672
(Including
Security: Bond #
Bond Nos.: 82C238958
Surety: The Ohio Casualty Insurance Company
-OR-
Irrevocable Standby Letter of Credit No.: XXX
Financial Institution: XXX
-OR-
Cash/Certificate of Deposit, Agreement Dated: XXX
Financial Institution: XXX
Designees for the Service of Written Notice:

CITY: DEVELOPER:

City Engineer Name: SGF ISF Bloomington Lilac, LLC
City of Rialto Address: Terminus 100
150 S. Palm Avenue 3280 Peachtree Road NE, Suite
Rialto, CA 92376 2770
Phone: (909) 820-2602 Atlanta, GA 30305
Phone: 843-343-0116
CITY PROJECT INSPECTOR: SURETY:

City of Rialto Name: The Ohio Casualty Insurance
Public Works Department Company
335 W. Rialto Avenue Address: 2710 Gateway Oaks Dr
Rialto, CA 92376 Sacramento, CA 95833
Phone: (909) 421-7294 Phone: 916-312-3185
Construction Obligations.. 1

1. 1.1 Works of Improvement 1

1.2 Acquisition and Dedication of Easements and Rights-of-Way. 2

1.3 Other Obligations Referenced in Conditions of Entitlement Approval

1.4 Intent of Plans

1.5 RESERVED 3

1.6 Performance of Work 3

1.7 Changes in the Work

1.8 Defective Work

1.9 No Warranty by City

1.10 Authority of the City Engineer. 3

1.11 Documents Available at the Site .3

1.12 Inspection 3
Compliance with Law; Applicable Standards for Improvements 4

1.13 1.14 Suspension of Work 4
Erosion and Dust Control and Environmental Mitigation 4

1.15 1.16 Final Acceptance of Works of Improvement... 4

1.17 Vesting of Ownership. .5

1.18 Developer's Obligation to Warn Public during Construction

1.19 Injury to Public Improvements, Public Property or Public Utility 5 Time for Performance 6

2. 2.1 Commencement and Completion Dates

2.2 Phasing Requirements

2.3 Force Majeure...

2.4 Continuous Work

3. Labor 7

3.1 Labor Standards..

3.2 Nondiscrimination.. 7

3.3 Licensed Contractors..

3.4 Worker's Compensation .7

4. Security ......7

4.1 Required Security...

4.2 Form of Security Instruments .8

4.3 Developer's Liability

4.4 Letters of Credit. ..10

4.5 Release of Security Instruments.. ...10

5. Cost of Construction and Provision of Inspection Service... ..11

5.1 Developer Responsible for All Costs of Construction...... ...11

5.2 Payment to City for Cost of Related Inspection and Engineering Services ..11

6. Acceptance of Offers of Dedication. ..11
Warranty of Work. ...11

8. Default ...11
III

8.1 Default by Developer .11

8.2 Remedies ...12

8.3 Notice of Violation ...1 12
Remedies Not Exclusive... ...1 2

8.4 8.5 Attorney's Fees and Costs ... ...13

8.6 Waiver ..13

9. Indemnity/Hold Harmless ..13

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

11. Insurance Requirements. ...14

12. Environmental Warranty ...18

13. General Provisions. ...19

13.1 Successors and Assigns ......19

13.2 No Third Party Beneficiaries. ...19

13.3 No Vesting Rights ...19

13.4 Developer is Not Agent of City ...19

13.5 Time of the Essence ....19

13.6 Notices 20

13.7 No Apportionment .20

13.8 Severability .20

13.9 Captions .20

13.10 Incorporation of Recitals.. ....20

13.11 Interpretation ..20

13.12 Entire Agreement; Waivers and Amendments ...20

13.13 Counterparts ..20

14. Authority. .20
IV

PUBLIC IMPROVEMENT AGREEMENT
THIS PUBLIC IMPROVEMENT AGREEMENT (this "Agreement") is entered into day of _ 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 SFG ISF Bloomington Lilac, a LLC (Developer").

RECITALS
A. Developer has presented to City for approval PPD 2022-0070 (the "Entitlements") in connection with a development of a Trailer Drop Lot (the "Project"), located in the City of Rialto, County of San Bernardino, State of California (the "Property"), as described on Exhibit "A". attached hereto and incorporated herein by reference.

B. The Entitlements have been approved, subject to the requirements and conditions for the development of the Property (the "Conditions") as described in Exhibit "B", attached hereto and incorporated herein by reference.

C. In consideration of the approval of the Entitlements by the Planning Commission, Developer desires to enter into this Agreement, whereby Developer promises to install and complete, at Developer's own expense, all the public improvement work required by City in connection with the proposed Project. Developer has secured this Agreement by improvement security required by the City and approved by the City Engineer and the City Attorney.

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

E. Developer's agreement to construct and install the Works of Improvement pursuant to this Agreement is a material consideration to City in approving the Project and permitting development of the Property to proceed.

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

1. Construction Obligations.

Works of Improvement. Developer agrees, at its sole cost and expense, to construct or install, or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer, street lighting, landscaping, utility, and other improvements (the "Works of Improvement"), as the same may be supplemented and revised from time to time as set forth in this Agreement (said plans and specifications, together with all related documents, the "Plans"). The estimated construction cost for the Works of Improvement is $_102,672.

1.1 Acquisition and Dedication of Easements and Rights-of-Way. If any of the Works of Improvement contemplated by this Agreement is to be constructed or installed on land not owned by City or Developer, no construction or installation shall be commenced before:
(a) The acquisition, or payment of the cost of acquisition by City, and dedication of all rights-of-way, easements and other interests in real property for construction and installation of the Works of Improvement, free and clear of all liens and encumbrances; or
(b) The offer of dedication to City of appropriate rights-of-way, easements or other interests in real property, and appropriate authorization from the property owner to allow construction or installation of the Works of Improvement; or (c) The dedication to, and acceptance by, City of appropriate rights-of-way, easements or other interests in real property, as determined by the City Engineer, or
(d) The issuance by a court of competent jurisdiction pursuant to State Eminent Domain Law of an order of possession. Developer shall comply in all respects with the order of possession.

1.2 Other Obligations Referenced in Conditions of Entitlement Approval. In addition to the foregoing, Developer shall satisfy all of the Conditions of the Entitlements for the Property. The Conditions associated with the Entitlements 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 Developer 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. Developer shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for Developer's contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Developer or its contractor shall immediately notify its 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.

Developer recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be 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 Developer or its contractor to any plan, specification, or working or shop drawing after it has been stamped as approved.

1.4 RESERVED.

1.5 Performance of Work. Developer shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Developer's obligations under 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 Developer or its contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Developer or its contractor shall be binding on City unless approved in writing by the City Engineer. The City and Developer may mutually agree upon changes to the Works of Improvement, subject to the security requirements in Section 4.

1.7 Defective Work. Developer 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 Developer or its consultants or contractors, and City makes no representation or warranty, express or implied, to Developer 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 Developer and its contractor.

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

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

Developer 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 Developer'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 Developer'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 Developer or its contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted.

1.12 Compliance with Law; Applicable Standards for Improvements. In addition to the express provisions of this Agreement and the Plans, Developer shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. In addition, without limiting the foregoing, the Developer shall, at its expense, obtain and comply with the conditions of all necessary permits and licenses for the construction of the Works of Improvement. The Developer shall also give all necessary notices and pay all fees and taxes as required by law.

Developer shall construct the improvements in accordance with the City standards in effect at the time of approval of the Entitlements. City reserves the right to protect the public safety or welfare or comply with applicable Federal or State law or City zoning ordinances.

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

1.12. In case of suspension of work for any cause whatsoever, Developer 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 Developer's contractor has completed all of the Works of Improvement, Developer shall then request a final inspection of the work. If items are found by the City's inspectors to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the Developer or its contractor of such items. After the Developer's contractor has completed these items, the procedure shall then be the same as specified

above for the Developer's contractor's initial request for final inspection. If items are found by City's inspectors to be incomplete or not in compliance after two (2) "final" inspections, the City may require the Developer or its contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. Developer shall be responsible for payment to City Engineer of re-inspection fees in the amount necessary to cover the City's costs for additional final inspections, as determined by the City Engineer.

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

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

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

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

1.18 Injury to Public Improvements, Public Property or Public Utility. Until recordation of the Notice of Acceptance of the Works of Improvement, Developer assumes responsibility for the care and maintenance of, and any damage to, the Works of Improvements. Developer shall replace or repair all Works of Improvements, public property, public utility facilities, and surveying or subdivision monuments and benchmarks which are destroyed or damaged for any reason, regardless whether resulting from the acts of the Developer, prior to the recordation of the Notice of Acceptance. Developer 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.

Time for Performance.

2.1 Commencement and Completion Dates. Subject to Sections 2.2 and 2.3 below, Developer shall (i) commence with construction and installation of the Works of Improvement thirty (30) days following City's approval of the Plans ("Commencement Date"); and (i) 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 Developer has established good cause for an extension. As a condition of such extension, the City Engineer may require Developer to furnish new security guaranteeing performance of this Agreement, as extended, in an increased amount to compensate for any increase in construction costs as determined by the City Engineer. If Developer requests and is granted an extension of time for completion of the improvements, City may apply the standards in effect at the time of the extension.

2.2 Phasing Requirements. Notwithstanding the provisions of 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 Developer's failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Developer acknowledges City's right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Developer shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits 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 Developer 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.

Force Majeure. Notwithstanding the provisions of Section 2.1, Developer's time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Developer, including to the extent applicable adverse weather conditions, flood, 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 Developer or its contractor detailing the grounds for Developer'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), Developer shall cause such work to be

diligently pursued to completion, and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted.

Labor.

3.1 Labor Standards. This Agreement is subject to, and Developer 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. Developer shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of the Works of Improvement.

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

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

3.4 Worker's Compensation. Developer shall cause every contractor and Summersation insurance as required by the labor code ovene state of alton ans 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 Developer executes this Agreement, Developer shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute

discretion and satisfying the requirements of the applicable provisions of this Section 4 below (hereinafter "Security Instruments"):

A Security Instrument securing Developer's faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of $102,672 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 $102,672 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 $102,672equal to 100% of the cost thereof.

This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for Maintenance and Warranty. Prior to the City Council's acceptance of the Works of Improvement and recordation of a Notice of Completion, Developer 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 $10,267.20 equal to 10% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer.

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

obligations hereunder or in the event Developer fails to deliver a replacement letter of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. (c) Instrument of Credit. 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 Developer'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.

Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Rialto, State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Developer's completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date).
(iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument.
(iV) If the Developer seeks to replace any security with another security, the replacement shall: (1) comply with all the requirements for security in this Agreement; (2) be provided by the Developer to the City Engineer; and (3) upon its written acceptance by the City Engineer, be deemed a part of this Agreement. Upon the City Engineer's acceptance of a replacement security, the former security may be released by the City.

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

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

4.4 Letters of Credit.

In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (expiring in not less than one (1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit.
(b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Developer. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Developer agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein, and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account.

4.5 Release of Security Instruments. The City shall release all Security Instruments as follows:
(a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred:
(i) Developer has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted;
(iii) Developer has delivered the Maintenance and Warranty Security Instrument; and
(iv) after passage of the time within which lien claims are required to be made pursuant to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the 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, Developer has provided a statutory bond, or otherwise as required by applicable law.
(b) City shall release the Maintenance and Warranty Security Instrument upon Developer's written request upon the expiration of the warranty period, and settlement of any claims filed during the warranty period.

The City may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney's fees.

Cost of Construction and Provision of Inspection Service.

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

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

Developer shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Developer 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 Developer be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections.

Acceptance of Offers of Dedication. The City Council shall pass an appropriate resolution or resolutions accepting all offers of dedication for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement.

7. Warranty of Work. Developer shall guarantee all Works of Improvement against defective materials and 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, Developer, 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 Developer 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 Developer. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law.

Default

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

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

8.2 Remedies. The City reserves all remedies available to it at law or in equity for a default or breach of Developer's obligations under this Agreement. The City shall have cost of construction of the improvements and, therefore, City's damages for Developer's default shall be measured by the cost of completing the required improvements. The City may use the sums provided by the securities for the completion of the Works of Improvement in accordance with the plans. In the event the Developer fails to cure any default under this Agreement within 20 days after the City mails a notice of such default to the Developer and the Developer's surety, Developer authorizes the City to perform the obligation for which Developer is in default and agrees to pay the entire cost of such performance by the City. The City may take over the work and complete the Works of Improvement, by contract or by any other method City deems appropriate, at the expense of the Developer. In such event, City, without liability for doing so, may complete the Works of Improvement using any of Developer's materials, appliances, plans and other property that are at the work site and that are necessary to complete the Works of Improvement.

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

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

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

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

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

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

8.6 Waiver. No waiver by the City of any breach or default by the Developer 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 Developer.

9. Indemnity/Hold Harmless. City or any officer, employee or agent thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Developer, its agents, employees, contractors and subcontractors in the performance of this Agreement. Developer further agrees to protect, defend, indemnity 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 Developer, its agents, employees, contractors and subcontractors in the performance of this Agreement, except for such claims, demands, causes of action, liability or loss arising out of the sole active negligence of the City, its officials, boards, commissions, the members thereof, agents and employees, including all claims, demands, causes of action, 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 Project, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design and construction of public drainage systems, streets and other 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 Developer submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible

After recordation of the Notice of Acceptance, the Developer shall remain obligated to eliminate any latent defect in design or dangerous condition caused by the design or construction defect; however, Developer 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 Developer shall be responsible for all liability for design and construction of the improvements installed or work done pursuant to this Agreement and that City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving or reviewing any work or construction. The improvement security shall not be required to cover the provisions of this Paragraph.

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

10. Developer's Indemnity of Project Approval. Developer shall defend, indemnify, and hold harmless the City and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning the Project.

The City shall promptly notify the Developer of any claim, action, or proceeding and cooperate notify the Developer of any claim, action, or proceeding, or if the City fails to cooperate in the harmless the City. Nothing in this Section prohibits the City from participating in the defense of any claim, action, or proceeding if City bears its own attorney's fees and costs and defends the action in good faith. Developer shall not be required to pay or perform any settlement unless the settlement is approved by the Developer.

11. Insurance Requirements.

11.1 Developer, at Developer's sole cost and expense and for the full term of this Agreement and any extensions thereto, shall obtain and maintain all of the following minimum insurance requirements in a 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, personal injury, and property damage arising out of or in connection with the activities of Developer and its contractors and subcontractors in performance of the work under this Agreement Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001) and shall, in addition to the other coverages specified in this subsection, include coverage for the following:
(i) Premises-operations; including X, C, and U coverage; (ii) Owners' and contractors' protection;

(iii) Independent contractors;
(iv) Blanket contractual;
(v) Ongoing operations;
(vi) Products -completed operations hazard; and
(vii) Personal and advertising injury
(b) Commercial Business Auto policy with a minimum $1 million per occurrence, combined single limit, for bodily injury and property damage, providing all of the following minimum coverage:

Coverage shall apply to any and all leased, owned, hired, or non- owned vehicles used in pursuit of any of the activities associated with this Agreement; and
(ii) Any and all mobile equipment including cranes which are not covered under the above Commercial Business Auto policy shall have said coverage provided under the Commercial General Liability policy. (c) Workers Compensation and Employers' Liability policy in accordance with the laws of the State of California and providing coverage for any and all employees of the Developer:

This policy shall provide coverage for Workers' Compensation (Coverage A); and
This policy shall provide coverage for $1,000,000 Employers' Liability (Coverage B).
(ill) Pursuant to Labor Code section 1861, Developer by executing this Agreement certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." (iv) Developer shall cause each contractor and subcontractor to provide adequate Workers' Compensation and Employer's Liability Insurance for the protection of employees not otherwise protected.

Prior to commencement of work, the Developer shall file with the City's Risk Manager a Certificate of Insurance or certification of permission to self-insure workers' compensation conforming to the requirements of the Labor Code.

(d) Endorsements. All of the following endorsements are required to be made a part of each of the above-required policies as stipulated below:
(i) The Commercial General Liability and Commercial Vehicle/ Automotive Liability policies are to contain or be endorsed to contain the following provisions:

Additional Insureds. The City of Rialto, its officials, officers, employees, agents and independent contractors shall be named as additional insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Developer; and with respect to liability arising out of work or operations performed by or on behalf of the Developer including materials, parts or equipment furnished in connection with such work or operations.

Primary Insurance. For any claims related to this project, the Developer's insurance coverage shall be primary insurance as respects the City of Rialto, its officials, officers, employees, agents and independent contractors. Any insurance or self- insurance maintained by the City of Rialto, its officials, officers, employees, agents and independent contractors shall be excess of the Developer's insurance and shall not contribute with it. This endorsement is not applicable to the Commercial Vehicle/ Automotive Liability Policy.

C. Waiver of Subrogation. Endorsements waiving all rights of subrogation against the City of Rialto, its officials, officers, employees, agents and independent contractors shall be provided. (ii) The Workers' Compensation policy shall be endorsed to waive all rights of subrogation against the City of Rialto, its officials, officers, employees, agents and independent contractors.
(e) Other Insurance Requirements. All policies required under this Agreement shall contain provisions stating that such policies cannot be canceled or reduced except on at least thirty (30) days' prior written notice to Developer ten (10) days' notice for cancellation due to non- payment). Developer further agrees to:
provide to City copies of any notices relating to cancellation or reduction of insurance within two (2) days of receipt; and (ii) cause all certificates of insurance to include language indicating that the issuers or producers of such policies will endeavor to provide copies of any such notices directly to City.
(f) Commencement of Work. Developer shall not commence work under this Agreement until Developer has obtained all insurance required pursuant to this Section, and such insurance has been approved by City; nor shall Developer allow

any contractor or subcontractor to commence work on the Improvements until all similar insurance required of the contractor or subcontractor has been obtained.

Certificates, endorsements, and where applicable, full copies of policies shall be maintained on file with the City Clerk.
(g) Higher Limits. If Developer maintains higher limits than the minimums specified in this Section 11, the City requires and shall be entitled to coverage for the higher limits maintained by Developer. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

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+; VIl" in the latest edition of Best's Insurance Guide.

A Commercial General Liability policy issued by an insurer that is on the California Department of Insurance's List of Approved Surplus Line Insurers ("LASLI") will be acceptable, if no coverage from an admitted insurer can be obtained by Developer, and further provided that such 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 Developer, and further provided such insurer remains admitted in California and is otherwise financially acceptable to City.

Deductibles. Any deductibles or self-insured retentions must be declared in writing by Developer 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, Developer shall either reduce or eliminate the deductibles or self- insured retentions with respect to City, or Developer shall procure a bond guaranteeing payment of losses and expenses.
(i) Proof of Coverage. Developer shall submit to the City original certificates of insurance and endorsements evidencing the coverages required by this Section.

The certificates and endorsements for each insurance policy shall be signed by a Section. Developer's insurance company(ies) shall mail all required certificates of insurance and endorsements to:

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

12. Environmental Warranty.

12.1. Prior to the acceptance of any dedications or Works of Improvement by City, Developer shall provide City with a written warranty in a form substantially similar to Exhibit "C" attached hereto and incorporated herein by reference, that:
(a) Neither the property to be dedicated nor Developer are in violation of any environmental law, and neither the property to be dedicated nor the Developer are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated.
(b) Neither Developer nor any other person with Developer's permission to be upon the property to be dedicated shall use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. 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, satety 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.

Developer has not caused or permitted the release of, and has no knowledge of the release or presence of, any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (d) Developer's prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated.

12.2 Developer shall give prompt written notice to City of:
(a) Any proceeding or investigation by any federal, state or local governmental (b) authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (c) Any claims made or threatened by any third party against City or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and

(d) Developer'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 Developer's right, title, and interest in and to the Property and any portion thereof. Developer 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 Developer in the City's approval of this Agreement. In the event the Property is subsequently conveyed by Developer to a third party prior to completion of the Works of Improvement, whereby the third party is intended to assume Developer's responsibilities with regard to this Agreement, (the "Replacement Developer"), the rights and obligations of this Agreement shall transfer to the Replacement Developer; however, the Security Instruments required pursuant to Section 4 of this Agreement, and furnished by Developer as a condition of the City's approval of this Agreement, shall remain Developer's responsibility to maintain until such time as Developer and its Replacement Developer enter into a Transfer and Assignment of Public Improvement Agreement, (the "Transfer Agreement"), to acknowledge the transfer of fee title to the Property from the Developer to its Replacement Developer, and to acknowledge the rights and obligations associated with this Agreement upon the Replacement Developer, including Replacement Developer's responsibility to furnish replacement Security Instruments meeting the City's approval pursuant to Section 4 of this Agreement. Until such time as a Transfer Agreement, meeting the City's approval, is executed by Developer and its Replacement Developer, and replacement Security Instruments meeting City's approval are furnished by the Replacement Developer, Developer retains sole responsibility for maintaining all Security Instruments required pursuant to Section 4 of this Agreement.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CITY OF RIALTO, CALIFORNIA DEVELOPER
By: By:

Tanya Williams, City Manager
Title: Vice President

APPROVED BY THE CITY COUNCIL
Date:

Agreement No.:

ATTEST:

By: Barbara MCGee, City Clerk
APPROVED AS TO FORM:

By:

Eric S. Vail, City Attorney
RECOMMENDED:

By:

Name:

Title:

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. georgia
State of Caklornia
County of Fulton
on March 112025before me, Healher 2. Priday, notary public personally appeared Kvan Meenan, Vile Here inse Name he icel Name(s) of Signer(s)
Who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is / are subscribed to the within instrument and acknowledged to me that he / she / they executed the same in his / her / their authorized capacity(ies), and that they by his her / their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

May 9. 202$ ignature Heatheriddy
gnature of Notary Public
• PUBL!'
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 • 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"

LEGAL DESCRIPTION
PARCEL 1 OF PARCEL MAP 1358, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11 OF PARCEL MAPS, PAGE 47, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

CONTAINING 151,734 SQUARE FEET, MORE OR LESS.

Exhibit "A"
EXHIBIT "B"

ENTITLEMENTS CONDITIONS OF APPROVAL
The Conditions issued to Developer for development of the Property follow this page.

Exhibit "B"
1 RESOLUTION NO. 2023-78
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF RIALTO, CALIFORNIA APPROVING PRECISE PLAN
3 OF DESIGN NO. 2022-0070 ALLOWING THE DEVELOPMENT
4 OF A TRUCK YARD CONSISTING OF A 1,400 SQUARE FOOT

OFFICE BUILDING, PAVING, LANDSCAPING, LIGHTING,
5 SCREEN WALLS, AND DRAINAGE IMPROVEMENTS ON 3.48
ACRES OF LAND (APN: 0258-102-52 & -53) LOCATED ON THE
6 WEST SIDE OF LILAC AVENUE APPROXIMATELY 550 FEET
7 NORTH OF JURUPA AVENUE WITHIN THE LIGHT
MANUFACTURING (M-1) ZONE.
8 WHEREAS, the applicant, SG ISF Bloomington Lilac, LLC, proposes to develop a truck yard consisting of a 1,400 square foot office building, paving, landscaping, lighting, screen walls, 10 and drainage improvements ("Project") on 3.48 acres of land (APN's: 0258-102-52 & -53) located 11 on the west side of Lilac Avenue approximately 550 feet north of Jurupa Avenue within the Light 12 Manufacturing (M-1) zone ("Site"); and
13 WHEREAS, the Project will consist of a 1,400 square foot office building, parking for up 14 to seventy-one (71) trucks and trailers, paving, an abundant amount of landscaping, lighting, 15 16 masonry block screen walls, drainage improvements, and full pedestrian and vehicle access; and 17 WHEREAS, Pursuant to Chapter 18.65 (Precise Plan of Design) of the Rialto Municipal Code, the Project requires a Precise Plan of Design, and the applicant has agreed to apply for Precise 18 Plan of Design No. 2022-0070 ("PPD No. 2022-0070"); and 19 WHEREAS, in conjunction with the Project, the applicant has applied for Conditional 20 Development Permit No. 2022-0049 ("CDP No. 2022-0049") to facilitate the development and 21 22 operation of a truck yard on the Site; and
WHEREAS, on October 11, 2023, the Planning Commission of the City of Rialto 23 conducted a duly noticed public hearing, as required by law, on PPD No. 2022-0070 and CDP No. 24 25 2022-0049, took testimony, at which time it received input from staff, the city attorney, and the 26 applicant; heard public testimony; discussed the proposed PPD No. 2022-0070 and CDP No. 2022- 27 0049; and closed the public hearing; and
28 WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. -1-
1 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rialto 2 as follows:
3 SECTION 1. The Planning Commission hereby specifically finds that all of the facts set forth 4 in the recitals above of this Resolution are true and correct and incorporated herein. 5 SECTION 2. Based on substantial evidence presented to the Planning Commission during 6 the public hearing conducted with regard to the PPD No. 2022-0070, including written staff reports, 7 verbal testimony, site plans, other documents, and the conditions of approval stated herein, the 8 Planning Commission hereby determines that the PPD No. 2022-0070 satisfies the requirements of 9 Section 18.65.020E of the Rialto Municipal Code pertaining to the findings which must be made 10 precedent to granting a Precise Plan of Design. The findings are as follows:
11 The proposed development is in compliance with all city ordinances and regulations, unless in accordance with an approved variance; and
12 13 This finding is supported by the following facts:
14 The Site has a General Plan land use designation of Light Industrial and a zoning designation of Light Manufacturing (M-1). The Project, as conditioned herein, will comply 15 with all City ordinances and regulations, including those required by the M-1 zone, Chapter 16 18.104 (Outdoor Storage Uses) of the Rialto Municipal Code, and Chapter 18.61 (Design Guidelines) of the Rialto Municipal Code. The M-1 zone allows for the development and 17 operation of truck yards, such as the Project. Additionally, the Project meets all the required development standards of the M-1 zone, Chapter 18.104 (Outdoor Storage Uses) 18 of the Rialto Municipal Code, and Chapter 18.61 (Design Guidelines) of the Rialto 19 Municipal Code including, but not limited to, required building setbacks, parking, landscaping, building height, floor area ratio, etc.
20 The site is physically suitable for the proposed development, and the proposed 21 development will be arranged, designed, constructed, and maintained so that it will 22 not be unreasonably detrimental or injurious to property, improvements, or the health, safety or general welfare of the general public in the vicinity, or otherwise be 23 inharmonious with the city's general plan and its objectives, zoning ordinances or any 24 applicable specific plan and its objectives; and
25 This finding is supported by the following facts:
26 The Site is 3.48 acres in size, bound by one (1) public street (Lilac Avenue to the east), and is within the Light Manufacturing (M-1) zone. To the north of the project site is an existing single-family residence on approximately 2.87 acres of land, to the east, across Lilac 28 Avenue, are several incubator industrial buildings, to the south is an existing single-family residence on approximately 3.79 acres of land, and to the west is an existing single-family -2-
1 residence on approximately 2.16 acres of land. The Project is consistent with the MI-1 zone and the industrial land uses to the east of the Site. The Project is not expected to negatively 2 impact any surrounding uses with the successful implementation of measures such as 3 landscape buffering, the installation of solid screen walls, and other traffic related measures.
4 The proposed development will not unreasonably interfere with the use or enjoyment 5 of neighboring property rights or endanger the peace, health, safety or welfare of the 6 general public; and
This finding is supported by the following facts:
8 The Project's effects will be minimized through the implementation of the Conditions of 9 Approval contained herein, such as extensive landscaping, concrete screen walls, and enhanced architectural features. To the north of the project site is an existing single-family 10 residence on approximately 2.87 acres of land, to the east, across Lilac Avenue, are several 11 incubator industrial buildings, to the south is an existing single-family residence on approximately 3.79 acres of land, and to the west is an existing single-family residence on 12 'approximately 2.16 acres of land. The Project is consistent with the M-1 zone and the industrial land uses to the east of the Site. The most sensitive uses near the Site are the existing 13 single-tamily residences located to the north, south, and west of the Site. The Project is not expected to negatively impact any surrounding uses with the successful implementation of 14 measures such as landscape buffering, the installation of solid screen walls, and other traffic 15 related measures.
16 The proposed development will not substantially interfere with the orderly or planned 17 development of the City of Rialto.
18 This finding is supported by the following facts:
19 The Project is consistent with the Light Manufacturing (M-1) zone and is a logical addition to 20 the existing industrial developments to the east of the Site and throughout the surrounding area. The City staff have reviewed the design of the Project to ensure compliance with all 21 health, safety, and design requirements to ensure the Project will enhance the infrastructure and aesthetics of the local community.
22 23 SECTION 3. The Project is categorically exempt from the requirements of the California 24 Environmental Quality Act (CEQA), pursuant to Section 15332, In-Fill Development Projects. The 25 Planning Commission directs the Planning Division to file the necessary documentation with the 26 Clerk of the Board of Supervisors for San Bernardino County. 27 28
-3-
1 SECTION 4. PPD No. 2022-0070 is granted to SFG ISF Bloomington Lilac, LLC, in 2 accordance with the plans and application on file with the Planning Division, subject to the following 3 Conditions of Approval:
4 The applicant is granted PPD No. 2022-0070 allowing the development of a truck yard 5 including a 1,400 square foot office building and associated paving, landscaping, lighting, screen walls, and drainage improvements on 3.48 acres of land (APN: 0258- 102-52 &-53 located on the west side of Lilac Avenue approximately 550 feet north of Jurupa Avenue within the Light Manufacturing (M-1) zone, subject to the Conditions 7 of Approval contained herein.
8 2. The approval of PPD No. 2022-0070 is granted for a one (1) year period from the date 9 of approval. Approval of PPD No. 2022-0070 will not become effective until the applicant has signed a Statement of Acceptance acknowledging awareness and 10 acceptance of the required Conditions of Approval contained herein. Any request for 11 an extension shall be reviewed by the Community Development Director and shall be based on the progress that has taken place toward the development of the project. 12 The development associated with PPD No. 2022-0070 shall conform to the site plan, 13 floor plan, exterior elevations, conceptual grading plan, and conceptual landscape plan 14 attached hereto as Exhibit A, except as may be required to be modified based on the Conditions of Approval contained herein.
15 The development associated with PPD No. 2022-0070 shall comply with all Conditions 16 of Approval contained within CDP No. 2022-0049.
17 5. The development associated with PPD No. 2022-0070 shall comply with all applicable 18 sections of the Rialto Municipal Code, and all other applicable State and local laws and 19 ordinances.
20 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. 21 22 7. The applicant shall indemnify, protect, defend, and hold harmless, the City of Rialto, and/or any of its officials, officers, employees, agents, departments, agencies, and 23 instrumentalities thereof (collectively, the "City Parties"), from any and all claims, demands, law suits, writs of mandamus, and other actions and proceedings (whether 24 legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative 25 dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures), (collectively "Actions"), brought against the City, and/or 26 any of its officials, officers, employees, agents, departments, agencies, and 27 instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the any action of, or any permit or approval issued by, the City and/or any of 28 its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the -4-
1 Project (collectively, the "Entitlements"), whether such Actions are brought under the California Environmental Quality Act, the Planning and Zoning Law, the 2 Subdivision Map Act, Code of Civil Procedure Chapter 1085 or 1094.5, the 3 California Public Records Act, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a court of competent jurisdiction. This 4 condition to indemnify, protect, defend, and hold the City harmless shall include, but not be limited to (i) damages, fees and/or costs awarded against the City, if any, and 5 (ii) cost of suit, attorneys' fees and other costs, liabilities and expenses incurred in 6 connection with such proceeding whether incurred by applicant, Property owner, or the City and/or other parties initiating or bringing such proceeding (collectively, 7 subparts (i) and (ii) are the "Damages"). Notwithstanding anything to the contrary contained herein, the Applicant shall not be liable to the City Parties under this 8 indemnity to the extent the Damages incurred by any of the City Parties in such 9 Action(s) are a result of the City Parties' fraud, intentional misconduct or gross negligence in connection with issuing the Entitlements. The applicant shall execute 10 an agreement to indemnify, protect, defend, and hold the City harmless as stated 11 herein within five (5) days of approval of PPD No. 2022-0070. 12 8. In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedications, reservations, or exactions for this Project, if any, are 13 subject to protest by the applicant at the time of approval or conditional approval of 14 the Project or within 90 days after the date of the imposition of the fees, dedications, reservations, or exactions imposed on the Project.
15 oi The applicant shall install decorative pavement within the driveway connected to Lilac 16 Avenue. The decorative pavement shall extend across the entire width of the driveway 17 and shall have a minimum depth of twenty-three (23) feet as measured from the property line along Lilac Avenue. Decorative pavement means decorative pavers and/or color 18 concrete with patterns and color variety. The decorative pavement shall include a concrete border with a broom finish and a minimum width of twelve (12) inches. The 19 location of the decorative pavement shall be identified on the Precise Grading Plan prior 20 to the issuance of a grading permit. Additionally, the location and type of decorative pavement shall be identified on the formal Landscape Plan submittal, and other on-site 21 improvement plans, prior to the issuance of building permits. 22 10. In order to provide enhanced building design in accordance with Chapter 18.61 (Design 23 Guidelines) of the Rialto Municipal Code, the applicant shall furr out the vertical sections painted "Salty Dog" at least four (4) inches from the exterior wall of the office 24 modular building. The wall furrings shall be identified within the formal building plan check submittal prior to the issuance of building permits. 25 26 11. Any new walls, including any retaining walls, shall be comprised of decorative masonry block or decorative concrete. Decorative masonry block means tan-colored slumpstone 27 block, tan-colored split-face block, or precision block with a stucco, plaster, or cultured stone finish. Decorative concrete means painted concrete with patterns, reveals, and/or 28 trim lines. Pilasters shall be incorporated within all new walls visible from the public -5-
1 right-of-way. The pilasters shall be spaced a maximum of fifty (50) feet on-center and shall be placed at all corners and ends of the wall. All pilasters shall protrude a minimum 2 of six (6) inches above and to the side of the wall. All decorative masonry walls and 3 pilasters, including retaining walls, shall include a decorative masonry cap. All walls and pilasters shall be identified on the site plan and Precise Grading Plan, and an elevation detail for the walls shall be included in the formal building plan check submittal prior to the issuance of building permits.
5 6 12. Any new fencing installed on site shall be comprised of tubular steel. All fencing shall be identified on the site plan, and an elevation detail for the fencing shall be included in 7 the formal building plan check submittal prior to the issuance of building permits. 8 13. All light standards installed on site, shall have a maximum height of twenty-five (25) 9 feet, as measured from the finished surface, including the base. Lighting shall be shielded and/or directed toward the site so as not to produce direct glare or "stray light" 10 onto adjacent properties. All light standards shall be identified on the site plan and a 11 note indicating the height restriction shall be included within the formal building plan check submittal prior to the issuance of building permits. 12 14. The applicant shall submit a formal Landscape Plan to the Planning Division prior to 13 the issuance of building permits. The submittal shall include three (3) sets of planting 14 and irrigation plans, a completed Landscape Plan Review application, and the applicable review fee.
15 15. The applicant shall plant one (1) tree every thirty (30) feet on-center within the on-site 16 landscape setback along Lilac Avenue. All trees within the landscape setback shall be 17 a minimum of twenty-four (24) inch box in size, upon initial planting. Thereafter, the trees within the landscape setback shall be permanently irrigated and maintained by the 18 property owner. At least fifty (50) percent of the trees within the setback shall consist 19 of evergreen broadleaf trees, while the remaining percentage may consist of broadleaf deciduous trees and/or palm trees. The trees shall be identified on the formal Landscape 20 Plan submittal prior to the issuance of a landscape permit. 21 16. The applicant shall plant one (1) tree every thirty (30) feet on-center within the public right-of-way parkway along Lilac Avenue. All trees within the public right-of-way 22 parkway shall be a minimum of twenty-four (24) inch box in size, upon initial planting. 23 Thereafter, the trees within the public right-of-way parking shall be permanently irrigated and maintained, as required by the Public Works Department. The street tree 24 species along Lilac Avenue shall be the Robinia Idahoensis "Idaho Locust" and/or the Pistachia Chinensis "Chinese Pistache". The street trees shall be identified on the formal Landscape Plan submittal prior to the issuance of a landscape permit. 26 17. The applicant shall plant shrubs that surround all ground mounted equipment and utility 27 boxes, including transformers, fire-department connections, backtlow devices, etc. for 28 the purpose of providing screening of said equipment and utility boxes. All equipment and utility box screen shrubs shall be a minimum of five (5) gallons in size upon initial -6-
1 planting, and the shrubs shall be spaced no more than three (3) feet on-center.

Thereafter, the equipment and utility box screen shrubs shall be permanently irrigated 2 and maintained into a continuous box-shape with a height of no less than three and one- 3 half (3.5) feet above the finished grade. The shrubs shall be identified on the formal Landscape Plan submittal prior to the issuance of a landscape permit. 4 18. The applicant shall plant trees, shrubs, and groundcover throughout all land on-site and 5 off-site (adjacent to the project site) that is not covered by structures, walkways, parking 6 areas, and driveways, as approved by the Planning Division. Trees shall be planted a minimum of thirty (30) feet on-center, and all shrubs and groundcover shall be planted 7 an average of three (3) feet on-center or less, or as approved by the Planning Division. 8 All trees shall be minimum of fifteen (15) gallons in size upon initial planting, unless otherwise specified herein. At least fifty (50) percent of the trees shall consist of 9 evergreen broadleaf trees, while the remaining percentage may consist of broadleaf deciduous trees and/or palm trees. All shrubs shall be a minimum of one (1) gallon in 10 size, unless otherwise specified herein. All planter areas shall receive a minimum two 11 (2) inch thick layer of brown bark, organic mulch, and/or decorative rock upon initial planting. Pea gravel and decomposed granite are not acceptable materials to use within 12 planter areas. All planter areas on-site shall be permanently irrigated and maintained.

The planting and irrigation shall be identified on the formal Landscape Plan submittal 13 prior to the issuance of a landscape permit.
14 19. All planting and irrigation shall be installed on-site in accordance with the approved 15 landscape plans and permit prior to the issuance of a Certificate of Occupancy. The installation of the planting and irrigation shall be certified in writing by the landscape 16 architect responsible for preparing the landscape plans prior to the issuance of a 17 Certificate of Occupancy.
18 20. Any tubular steel fencing and/or sliding gates shall be painted black prior to the issuance of a Certificate of Occupancy, unless specified otherwise herein. 20 21. All non-glass doors shall be painted to match the color of the adjacent wall prior to the issuance of a Certificate of Occupancy.
21 22. The applicant shall comply with all conditions of approval for PPD No. 2022-0070 to 22 the satisfaction of the City Engineer, prior to the issuance of a Certificate of Occupancy. 23 24 23. Threnio shalt yill linic, pled prentice faces in cing perme with ted to the Project.
25 26 24. The applicant shall submit a Lot Line Adjustment application with the Planning Division, prior to the issuance of a grading permit. The Lot Line Adjustment shall 27 facilitate the merging of APN's: 0258-102-52 & 0258-102-53 into one (1) parcel of 28 land. The Lot Line Adjustment shall be completed and the parcel merger recorded with -7-
1 the San Bernardino County Recorder's Office, prior to the issuance of a Certificate of Occupancy.
2 3 25. The applicant shall apply and complete the Special District Annexation for the public street lighting and the public landscape and irrigation, including applicable easement 4 areas, parkway areas, and raised medians along the property frontage, as determined by the City Engineer, prior to the issuance of the Grading/On-site Construction Permit. 5 6 26. A City of Rialto Off-site Construction Permit is required for any improvements within the public right-of-way. In an effort to expedite and facilitate improvements in the public right-of-way, the applicant is responsible for submitting a multi-phase master plan traffic control plan which includes all phases of construction in the public right-of-way 8 etc. prior to the issuance of Off-Site
i.e. sewer, water, overhead, underground,
9 Construction Permit/Encroachment Permit. Note, in an effort to simplify the permitting process, a single master Off-Site Construction Permit shall replace individual 10 Encroachment Permits to be pulled by the applicant's contractor. 11 The applicant shall apply for annexation of the underlying property into City of Rialto

27. 12 Landscape and Lighting Maintenance District No. 2 ("LLMD 2"). An application fee of $5,000 shall be paid at the time of application. Annexation into LLMD 2 is a 13 condition of acceptance of any new median, landscape easement, and/or parkway 14 landscaping in the public right-of-way, or any new public street lighting improvements conditioned on the project and to be maintained by the City of Rialto post construction. 15 The developer must apply and complete the LLMD2 annexation process prior to issuance of a Certificate of Occupancy. As an alternative to the City maintaining 16 parkway landscaping adjacent to the commercial property via the City's Landscape and 17 Lighting Maintenance District No. 2 ("LLMD 2"), the developer may enter into an agreement with the City to assume responsibility for maintenance of all public parkway 18 landscaping. The agreement will stipulate that the property's annexation into LLMD 2 19 will occur, but with assessments deferred and set to $0 during such time as the public parkway landscaping is adequately maintained to the City's satisfaction. The 20 developer's failure to adequately maintain all public parkway landscaping will require the City to assume such responsibility, and to commence levying of assessments against 21 the property via LLMD 2 to recover the City's costs. 22 28. The applicant shall submit off-site landscaping and irrigation system improvement plans 23 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 24 metered from the on-site private irrigation to be maintained for a period of one (1) year and annexed into a Special District. The off-site landscape and irrigation plans must 25 show separate electrical and water meters to be annexed into the Landscape and 26 Lighting Maintenance District No. 2 via a City Council Public Hearing. The landscape and irrigation plans shall be approved concurrently with the street improvement plans, 27 including the median portion, prior to issuance of a building permit. The landscaping architect must contact the City of Rialto Landscape Contract Specialist at (909) 820- 28 2602 to ensure all landscape and irrigation guidelines are met prior to plan approval. -8-
1 Electrical and water irrigation meter pedestals must not be designed to be installed at or near street intersections or within a raised median to avoid burdensome traffic control 2 set-up during ongoing maintenance.
3 29. If the property is accepted in the LLMD, the applicant shall guarantee all new parkway 4 landscaping irrigation for a period of one (1) year from the date of the City Engineer acceptance. Any landscaping that fails during the one-year landscape maintenance 5 period shall be replaced with similar plant material to the satisfaction of the City 6 Engineer and shall be subject to a subsequent one-year landscape maintenance period.

The applicant must contact the City of Rialto Landscape Contract Specialist at (909) 7 820-2602 to confirm a full twelve (12) months' time of non-interrupted ongoing maintenance.
8 9 30. The applicant shall install City Engineer approved deep root barriers, in accordance with the Public Works Landscape and Irrigation Guidelines, for all trees installed within ten 10 (10) feet of the public sidewalk and/or curb.
11 31. All new streetlights shall be installed on an independently metered, City-owned 12 underground electrical system. Using power from an existing LLMD 2 pedestal is encouraged over installing a new pedestal. The developer shall be responsible for 13 applying with Southern California Edison (SCE) for all appropriate service points and 14 electrical meters early in the design process to avoid delays in other key milestones.

New meter pedestals shall be installed, and electrical service paid by the developer. The 15 City shall not pay the charges for electrical service until the landscape and irrigation is accepted after the one-year maintenance period and the underlying property is annexed 16 into LLMD 2.
17 32. If and where deficiencies in the existing system occur, the applicant shall construct a 18 new underground electrical system for public street lighting improvements along the 19 project frontages of Lilac Avenue, as determined necessary by the City Engineer. New marbelite streetlight poles with LED light fixtures shall be installed in accordance with 20 City of Rialto Standard Drawings, as determined necessary by the City Engineer. 21 33. The applicant is responsible for requesting any addresses needed for any building(s), electrical pedestal(s), and/or irrigation meter pedestal(s). The main building address 22 shall be included on Precise Grading Plans and Building Plan set along with the PPD 23 number. The electrical meter pedestal addresses (single or dual) shall be included in the public improvement plans.
24 25 34. The applicant shall submit street improvement plans by a registered California civil engineer to the Engineering Services Department for review. The plans shall be 26 approved by the City Engineer prior to the issuance of building permits. 27 35. The applicant shall submit streetlight improvement plans by a registered California civil engineer to the Engineering Services Department for review. The plans shall be 28 approved by the City Engineer prior to the issuance of building permits. -9-
1 36. The applicant shall submit sewer improvement plans for public sewer main(s) by a 2 registered California civil engineer to the Engineering Services Department for review. 3 The plans shall be approved by the City Engineer prior to the issuance of building permits.
4 37. The applicant shall submit traffic striping and signage improvement plans prepared by 5 a registered California civil engineer or registered California traffic Engineer to the 6 Engineering Services Department for review. The plans shall be approved by the City Engineer prior to the issuance of building permits.
7 8 38. The applicant shall submit copies of approved water improvement plans prepared by a registered California civil engineer to the Engineering Services Department for record purposes. The plans shall be approved by West Valley Water District, the water purveyor, prior to the issuance of building permits.
10 11 39. The applicant shall submit a Precise Grading Paving Plan prepared by a California registered civil engineer to the Engineering Services Department for review and 12 approval. The Grading Plan shall be approved by the City Engineer prior to the issuance of building permits.
13 14 40. The applicant shall submit a Geotechnical/Soils Report, prepared by a California registered Geotechnical Engineer, for and incorporated as an integral part of the grading 15 plan for the proposed development. A copy of the Geotechnical/Soils Report shall be submitted to the Engineering Services Department with the first submittal of the Precise 16 Grading Plan.
17 41. The applicant shall submit civil engineering design plans, reports and/or documents, 18 prepared by a registered/licensed civil engineer, for review and approval by the City Engineer per the current submittal requirements, prior to the indicated threshold or as 19 required by the City Engineer. The first submittal shall consist of, but is not limited to 20 the following:
21 a. ROUGH GRADE W/ EROSION CONTROL PLAN as needed (prior to grading permit issuance)
22 PRECISE GRADE W/ EROSION CONTROL PLAN (prior to grading 23 permit issuance)
c. PUBLIC IMPROVEMENT PLANS: Street Improvement, Signing and 24 Striping, Sewer and Water, Street Light, Landscape and Irrigation, (off-site 25 construction permit issuance)
d. FINAL DRAINAGE STUDY (prior to grading plan approval) 26 e. FINAL WQMP (prior to grading plan approval)
f. LEGAL DOCUMENTS: dedication along Lilac Avenue (e.g. (prior to 27 building permit Issuance)
28 g. AS-BUILT/RECORD DRAWINGS for all plans (prior to occupancy release)
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1 42. The applicant shall submit a wet-signed and stamped Earthwork Cut and Fill Certification Letter prepared by a Civil Engineer registered in the State of California to 2 the Engineering Services Department for review.
3 43. The applicant shall provide pad elevation certification for all building pads, in 4 conformance with the approved Precise Grading Plan, to the Engineering Division prior to construction of any building foundation.
5 6 44. The public street improvements outlined in these Conditions of Approval are intended to convey to the developer an accurate scope of required improvements, however, the 7 City Engineer reserves the right to require reasonable additional improvements as may be determined in the course of the review and approval of street improvement plans 8 required by these conditions.
9 45. The applicant shall construct asphalt concrete paving for streets in two separate lifts. 10 The final lift of asphalt concrete pavement shall be postponed until such time that on- 11 site construction activities are complete. Unless the City Engineer provide prior authorization, paving of streets in one lift prior to completion of on-site construction is 12 not allowed. If City Engineer authorized, completion of asphalt concrete paving for streets prior to completion of on-site construction activities, requires additional paving 13 requirements prior to acceptance of the street improvements, including, but not limited 14 to: removal and replacement of damaged asphalt concrete pavement, overlay, slurry seal, or other repairs.
15 46. The applicant shall repair all street cuts for utilities in accordance with City Standard 16 SC-231 within 72 hours of completion of the utility work; and any interim trench repairs 17 shall consist of compacted backfill to the bottom of the pavement structural section followed by placement of standard base course material in accordance with the Standard 18 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 19 pavement surface and provide a smooth pavement surface until permanent cap paving 20 occurs using an acceptable surface course material.
21 47. 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 22 street repair standards as reference in Section 11.04.145 of the Rialto Municipal Code. 23 Contact the Engineering Division for a list of streets subject to the moratorium. 24 48. The applicant shall backfill and/or repair all utility trenches or other excavations within 25 existing asphalt concrete pavement of off-site streets resulting from the proposed development, in accordance with City of Rialto Standard Drawings. The applicant shall 26 be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets including pavement repairs in addition to pavement 27 repairs made by utility companies for utilities installed for the benetit of the proposed 28 development (i.e. West Valley Water District, Southern California Edison, Southern California Gas Company, Spectrum, Verizon, etc.). Multiple excavations, trenches, and -11-
1 other street cuts within existing asphalt concrete pavement of off-site streets resulting from the proposed development may require complete grinding and asphalt concrete 2 overlay of the affected off-site streets, at the discretion of the City Engineer. The 3 pavement condition of the existing off-site streets shall be returned to a condition equal to or better than what existed prior to construction of the proposed development. 4 49. In accordance with Chapter 15.32 of the City of Rialto Municipal Code, all existing and 5 new electrical distribution lines of sixteen thousand volts or less and overhead service 6 drop 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 prior 7 to the issuance of a Certificate of Occupancy. Utility undergrounding shall extend to the nearest off-site power pole; no new power poles shall be installed unless otherwise 8 approved by the City Engineer. A letter from the owners of the affected utilities shall 9 be submitted to the City Engineer prior to approval of the Grading Plan, informing the City that they have been notified of the City's utility undergrounding requirement and 10 their intent to commence design of utility undergrounding plans. When available, the 11 utility undergrounding plan shall be submitted to the City Engineer identifying all above ground facilities in the area of the project to be undergrounded. 12 50. The applicant shall replace all damaged, destroyed, or modified pavement legends, 13 traffic control devices, signing, striping, and streetlights, associated with the proposed 14 development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy.
15 51. The applicant shall reconstruct any broken, chipped, or unsatisfactory sidewalks or 16 curbs along the entire project frontage, in accordance with the General Plan and the City 17 of Rialto Standard Drawings, as required by the City Engineer, prior to the issuance of a Certificate of Occupancy.
18 52. The applicant shall provide construction signage, lighting and barricading shall be 19 provided during all phases of construction as required by City Standards or as directed 20 by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with Part 6 "Temporary Traffic Control" of the 2014 California 21 Manual on Uniform Traffic Control Devices, or subsequent editions in force at the time of construction.
22 23 53. Upon approval of any improvement plan by the City Engineer, the applicant shall provide the improvement plan to the City in digital format, consisting of a DWG 24 (AutoCAD drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat) formats. Variation of the type and format of the digital data to be 25 submitted to the City may be authorized, upon prior approval by the City Engineer. 26 54. The applicant shall construct 4-inch conduit within the parkway area along the entire 27 project frontages of Lilac Avenue, prior to the issuance of a Certificate of Occupancy. 28 -12-
1 55. The applicant shall dedicate additional right-of-way along the entire frontage of Lilac Avenue, as necessary, to provide the ultimate half-width of 32 feet, as required by the 2 City Engineer.
3 56. The applicant shall construct an 8-inch curb and gutter along the entire frontage of Lilac 4 Avenue 20 feet east of centerline in accordance with City of Rialto Standard Drawings and the General Plan or applicable Specific Plan, prior to the issuance of a Certiticate 5 of Occupancy. Alternatively, the applicant shall preserve, and repair as determiner 6 necessary by the City Engineer, the existing curb and gutter along the entire frontage of Lilac Avenue should the City Engineer determine them to be in the ultimate location. 7 57. The applicant shall construct one (1) new thirty-three (33) foot wide commercial 8 driveway approach on the south end of the Lilac Avenue frontage, as shown on the plans attached as Exhibit A, in accordance with City of Rialto Standard Drawings, or as otherwise approved by the City Engineer. The driveway approach shall be constructed 10 so the top of "X" is at least 5 feet from the property line, or as otherwise approved by 11 the City Engineer. Nothing shall be constructed or planted in the corner cut-off area which does exceed or will exceed 30 inches in height in order to maintain an appropriate 12 corner sight distance, as required by the City Engineer. 13 58. The applicant shall construct curb ramps that meet current California State Accessibility 14 standards at both the northwest and southwest corners of the intersection of Lilac Avenue and the proposed driveway connected to Lilac Avenue, in accordance with the 15 City of Rialto Standard Drawings, prior to the issuance of a Certificate of Occupancy.

The developer shall ensure that an appropriate path of travel, meeting ADA guidelines, 16 is provided across the driveways, and shall adjust the location of the access ramps, if 17 necessary, to meet ADA guidelines, subject to the approval of the City Engineer. If necessary, additional pedestrian and sidewalk easements shall be provided on-site to 18 construct a path of travel meeting ADA guidelines.
19 59. The applicant shall construct a 5-foot-wide Americans with Disabilities Act (ADA) and 20 California Building Code (CBC) compliant sidewalk seven (7) feet behind the face of the curb along the entire project frontage of Lilac Avenue, in accordance with City of 21 Rialto Standard Drawings, prior to the issuance of a Certificate of Occupancy. 22 60. The applicant shall install "No Stopping Anytime" R26A(S)(CA) signage along the 23 entire project frontages of Lilac Avenue, as required by the City Engineer, prior to the issuance of a Certificate of Occupancy.
24 25 61. The applicant shall remove existing pavement and construct new pavement with a minimum pavement section of 5 inches asphalt concrete pavement over 6 inches crushed aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, along the entire half-width street frontages of Lilac Avenue in 27 accordance with City of Rialto Standard Drawings. The pavement section shall be 28 determined using a Traffic Index ("TT") of 10. The pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site -13-
1 and submitted to the City Engineer for approval. Alternatively, depending on the existing street condition and as approved by the City Engineer, a street overlay, slurry 2 seal, or other repair can be performed to preserve existing pavement improvements. 3 62. The minimum pavement section for all on-site pavements shall be 2½ inches asphalt 4 concrete pavement over 4 inches crushed aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is 5 proposed, the proposed pavement section shall be designed by a California registered 6 Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval.
7 63. The applicant shall connect the project to the City of Rialto sewer system and apply for 8 a sewer connection account with Rialto Water Services. If no sewer main is available 9 within two hundred (200) feet of the project site, the applicant may utilize an alternate wastewater system (e.g., septic system, etc.), subject to the approval of the City Engineer 10 and Chief Building Official.
11 The applicant is advised that domestic water service is provided by West Valley Water

64. 12 District. The developer shall be responsible for coordinating with West Valley Water District and complying with all requirements for establishing domestic water service to 13 the property.
14 65. The applicant shall install a new domestic water line lateral connection to the main water 15 line within Lilac Avenue, pursuant to West Valley Water District requirements. A water line plan shall be approved by West Valley Water District prior to the issuance of 16 building permits.
17 66. The applicant shall provide certification from Rialto Water Services that demonstrates 18 that all wastewater service accounts for the project are documented, prior to the issuance of a Certificate of Occupancy or final inspection approval from the Engineering Services 19 Department.
20 67. Any sewer mains constructed by the applicant, as necessary, are to become part of the 21 public sewer system and shall be pressure tested and digitally video recorded by the City's wastewater system operator (Veolia) prior to acceptance of the sewer system for 22 maintenance by the City. The developer shall be responsible for all costs associated with 23 testing and inspection services. Any defects of the sewer main shall be removed, replaced, or repaired to the satisfaction of the City Engineer prior to acceptance. 24 68. The applicant shall submit a Water Quality Management Plan identifying site specific 25 Best Management Practices ("BMPs") in accordance with the Model Water Quality 26 Management Plan (WOMP") approved for use for the Santa Ana River Watershed.

The site specific WQMP shall be submitted to the City Engineer for review and approval 27 with the Precise Grading Plan. A WQMP Maintenance Agreement shall be required, obligating the property owner(s) to appropriate operation and maintenance obligations 28 of on-site BMPs constructed pursuant to the approved WQMP. The WQMP and -14-
1 Maintenance Agreement shall be approved prior to issuance of a building permit, unless otherwise allowed by the City Engineer. The development of the Site is subject to the 2 requirements of the National Pollution Discharge Elimination System (NDES) Permit 3 for the City of Rialto, issued by the Santa Ana Regional Water Quality Control Board, Board Order No. R8-2010-0036. Pursuant to the NDES Permit, the Applicant shall 4 ensure development of the site incorporates post-construction Best Management Practices ("BMPs") in accordance with the Model Water Quality Management Plan 5 ("WQMP") approved for use for the Santa Ana River Watershed. The Applicant is 6 advised that applicable Site Design BMPs will be required to be incorporated into the final site design, pursuant to a site specific WQMP submitted to the City Engineer for 7 review and approval.
8 The applicant shall prepare a Notice of Intent (NOI) to comply with the California

69. 9 General Construction Stormwater Permit (Water Quality Order 2009-0009-DWQ as modified September 2, 2009) is required via the California Regional Water Quality 10 Control Board online SMARTS system. A copy of the executed letter issuing a Waste 11 Discharge Identification (WDID) number shall be provided to the City Engineer prior to issuance of a grading or building permit. The applicant's contractor shall prepare and 12 maintain a Storm Water Pollution Prevention Plan ("SWPPP") as required by the General Construction Permit. All appropriate measures to prevent erosion and water 13 pollution during construction shall be implemented as required by the SWPPP. 14 70. Prior to issuance of a certificate of occupancy or final City approvals, the applicant shall 15 demonstrate that all structural BMP's have been constructed and installed in conformance with approved plans and specifications, and as identified in the approved 16 WQMP.
17 71. All stormwater runoff passing through the site shall be accepted and conveyed across 18 the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on-site retention or other facilities approved by the City Engineer nail be recite on concientio 19 shall be required to contain the increased stormwater runoff generated by the 20 teetermint of the prop ty creased samir legy study prep de lopment the sier, 21 and to determine required stormwater runoff mitigation measures for the proposed development. Final retention basin sizing and other stormwater runoff mitigation 22 measures shall be determined upon review and approval of the hydrology study by the 23 City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. The volume of increased 24 stormwater runoff to retain on-site shall be determined by comparing the existing "pre- 25 developed" condition and proposed "developed" condition, using the 100-year frequency storm. Infiltration of stormwater in the developed condition analysis shall be 26 considered negligible. All on-site and off-site designs must comply with Federal (NPDES), State, Regional, and City stormwater regulations. 27 72. Direct release of on-site nuisance water or stormwater runoff shall not be permitted to 28 the adjacent public streets. Provisions for the interception of nuisance water from -15-
1 entering adjacent public streets from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or 2 barkway areas, and in only a stormwater runoff condition, pass runoff directly to the 3 streets through parkway or under sidewalk drains. All on-site and off-site designs must comply with NDES stormwater regulations.
4 73. The original improvement plans prepared for the proposed development and approved 5 y the City Engineer (if required) shall be documented with record drawing "as-buill 6 formation and returned to the Engincering Services Department prior to issuance of final certificate of occupancy. Any modifications or changes to approved improvement 7 plans shall be submitted to the City Engineer for approval prior to construction. 8 74. The applicant shall adhere to the City Council approved franchise agreements and 9 disposal reguirements during all construction activities, in accordance with Section 8.08 (Refuse Collection of the City of Rialto Municipal Code). 10 75. Prior to commencing with any grading, the applicant shall implement the required 11 erosion and dust control measures shall be in place. In addition, the following shall be 12 included if not already identified:
13 h. 6-foot-high tan colored perimeter screened fencing 14 i. Contractor information signage including contact information along the street 15 frontages of Lilac Avenue.
16 j. Post dust control signage with the following verbiage: "Project Name, WDID No., 17 IF YOU SEE DUST COMING FROM THIS PROJECT CALL: NAME (XXX) XXX-XXX, If you do not receive a response, please call the AQMD at 1-800- 18 CUT-SMOG/1-800-228-7664"
19 76. The applicant shall remove any graffiti within 24 hours, before, during, and post 20 construction. Methods used to remove or cover the graffiti such as new paint and sand blasting shall assure to completely match the building, wall, etc. 21 77. The applicant shall submit full architectural and structural plans with all mechanical, 22 electrical, and plumbing plans, structural calculations, truss calculations and layout, 23 rough grading plans approved by Engineering Services Department, Water Quality Management Plan, Erosion Control Plan, Stormwater Pollution Prevention Plan, and 24 Title 24 Energy Calculations to the Building Division for plan check and review, prior to the issuance of building permits.
25 26 78. The applicant shall provide a Scope of Work on the title page of the architectural plan set. The Scope of Work shall call out all work to be permitted (ex. Main structure, 27 perimeter walls, trash enclosure, etc.).
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1 79. The applicant shall design the structures in accordance with the 2022 California Building Code, 2022 California Mechanical Code, 2022 California Plumbing Code, and 2 the 2022 California Electrical Code, 2022 Residential Code and the 2011 California 3 Green Buildings Standards adopted by the State of California. 4 The applicant shall design the structures to withstand ultimate wind speed of 130 miles per hour, exposure C and seismic zone D.
5 6 81. The applicant shall obtain an Electrical Permit from the Building Division for any temporary electrical power required during construction. No temporary electrical power 7 will be granted to a project unless one of the following items is in place and approved by the Building Division: (A) Installation of a construction trailer, or, (B) Security 8 fencing around the area where the electrical power will be located. 9 82. The applicant shall install any required temporary construction trailer on private 10 property. No trailers are allowed to be located within the public right-of-way. The trailer 11 shall be removed prior to the issuance of a Certificate of Occupancy. 12 83. The applicant shall design and construct accessible paths of travel from the building's accessible entrances to the public right-of-way, accessible parking, and the trash 13 enclosure. Paths of travel shall incorporate (but not limited to) exterior stairs, landings, 14 walks and sidewalks, pedestrian ramps, curb ramps, warning curbs, detectable warning, signage, gates, lifts and walking surface materials, as necessary. The accessible route(s) 15 of travel shall be the most practical direct route between accessible building entrances, site facilities, accessible parking, public sidewalks, and the accessible entrance(s) to the 16 site, California Building Code, (CBC) Chapter 11, Sec, 11A and 11B. 17 84. Prior to issuance of a Building Permit all of the following must be in place on the Site:
18 a portable toilet with hand wash station, all BMP's, fencing and signage on each adjacent street saying "If there is any dust or debris coming from this site please contact (superintendent number here) or the AQMD if the problem is not being resolved" or 20 something similar to this.
21 85. The applicant shall provide temporary toilet facilities for the construction workers. The toilet facilities shall always be maintained in a sanitary condition. The construction 22 toilet facilities of the non-sewer type shall conform to ANSI ZA.3. 23 86. The applicant shall underground all on site utilities to the new proposed structures, prior 24 to the issuance of a Certificate of Occupancy, unless prior approval has been obtained by the utility company or the City.
25 26 87. Prior to issuance of Building Permits, site grading final and pad certifications shall be submitted to the Building Division and Engineering Division, which include elevation, 27 orientation, and compaction. The certifications are required to be signed by the engineer 28 of record.
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1 88. for at reined aho ride, prior of ple isnto of colin in permited School District 2 3 89. Site facilities such as parking open or covered, recreation facilities, and trash dumpster areas, and common use areas shall be accessible per the California Building Code, 4 Chapter 11.
5 90. The applicant shall place a copy of the Conditions of Approval herein on within the building plan check submittal set and include the PPD number on the right bottom corner cover page in 20 point bold, prior to the issuance of a building permit. 7 91. The applicant shall ensure that a minimum of 65% of all construction and demo debris 8 shall be recycled using an approved City of Rialto recycling facility during construction.

Copies of receipts for recycling shall be provided to the City Inspector and a copy shall 9 be placed in the office of the construction site.
10 11 92. Prior to issuance of Building Permits, on site water service shall be installed and approved by the responsible agency. On site fire hydrants shall be approved by the Fire 12 Department. No flammable materials will be allowed on the site until the fire hydrants are established and approved.
13 14 93. The applicant shall comply with all applicable requirements of the California Fire Code and Chapter 15.28 (Fire Code) of the Rialto Municipal Code. 15 94. The applicant shall illuminate all walkways, passageways, and locations where 16 pedestrians are likely to travel with a minimum of 1.5-foot candles (at surface level) of. 17 light during the hours of darkness. Lighting shall be designed/constructed in such a manner as to automatically turn on at dusk and turn off at dawn. 18 95. The applicant shall illuminate all alleyways, driveways, and uncovered parking areas 19 with a minimum of 1.5-foot candles (at surface level) of light during the hours of 20 darkness. Lighting shall be designed/constructed in such a manner as to automatically turn on at dusk and turn off at dawn.
21 96. The applicant shall design/construct all lighting fixtures and luminaries, including 22 supports, poles and brackets, in such a manner as to resist vandalism and/or destruction 23 by hand.
24 97. The applicant shall provide an illuminated channel letter address prominently placed on the building to be visible to the front of the location and if applicable, visible from the 25 main street to which they are located (e.g. commercial building facing the interior of the 26 property would require two address signs if located adjacent to a roadway), prior to the issuance of a Certificate of Occupancy.
27 98. At the discretion of the Rialto Police Department, the applicant shall install exterior 28 security cameras at the location that cover the entire Site, prior to the issuance of a - 18-
1 Certificate of Occupancy. The security cameras shall be accessible to the Rialto Police Department via FusionONE web application.
2 3 99. The applicant shall install Knox boxes immediately adjacent to the main entrance of the building, at least one (1) rear entrance on the building, and at the gate into the truck yard 4 to facilitate the entry of safety personnel. The Knox boxes shall be installed in such a manner as to be alarmed, resist vandalism, removal, or destruction by hand, and be fully 5 recessed into the building. The Knox boxes shall be equipped with the appropriate keys, 6 for each required location, prior to the first day of business. The Knox-Box placement shall be shown on the formal building plan review submittal prior to the issuance of a 7 building permit.
8 100. The applicant shall prominently display the address on the building rooftop to be visible 9 to acrial law enforcement or fire aircraft. Specifications to be followed for alphanumeric characters are as follows: Three (3) foot tall and six (6) inches thick alphanumeric 10 characters. The alphanumeric characters shall be constructed in such a way that they are 11 in stark contrast to the background to which they are attached (e.g. white numbers and letters on a black background), and resistant weathering that would cause a degradation 12 of the contrast.
13 101. The applicant shall provide an audible alarm within the building, prior to the issuance 14 of a Certificate of Occupancy. The building shall be alarmed in such a way as to emit a continuous audible notification until reset by responsible personnel (e.g. alarmed exit 15 device / crash bar).
16 102. The applicant or General Contractor shall identify each contractor and subcontractor 17 hired to work at the job site on a Contractor Sublist form and return it to the Business License Division with a Business License application and the Business License tax fee 18 based on the Contractors tax rate for each contractor. 19 103. Prior to issuance of a Certificate of Occupancy, the Lessor of the property shall pay a 20 business license tax based on the Rental Income Property tax rate. 21 SECTION 5. The Chairman of the Planning Commission shall sign the passage and 22 adoption of this resolution and thereupon the same shall take effect and be in force. 23 PASSED, APPROVED AND ADOPTED this 11 th day of October. 2023. 24 25
26 27 JERRY GUTIERREZ, CHAIR

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, Kimberly Dame, Administrative Analyst of the City of Rialto, do hereby certify that the foregoing Resolution No. 2023-78 was duly passed and adopted at a regular meeting of the Planning Commission of the City of Rialto held on the 11 day of October 2023. 8 Upon motion of Commissioner Dale Estvander, second by Commissioner Artist Gilbert, foregoing Resolution No. 2023-78 was duly passed and adopted. 10 11 Vote on the motion:
12 AYES: 5 (Gutierrez, Peukert, Estvander, Gilbert, Gonzalez) 13 NOES: 0
14 ABSTENTION: 0
ABSENT: 0
16 17 IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of 18 Rialto this 11" day of October 2023.
19 20
21 Kimberly Dame
22 Administrative Analyst
23 24
25 26
27 28
EXHIBIT "C"
[2776 Lilac Trailer Drop Lot]
SFG ISF Bloomington Lilac, LLC
(Developer)

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

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

2. Neither Developer nor any other person with Developer's permission to be upon the property to be dedicated has used, generated, manufactured, produced, or released, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable 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. Developer has not caused or permitted the release of, and has no knowledge of the release or presence of, any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated.

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

5. All persons executing this warranty hereby represent and warrant to the City of Rialto, and Developer hereby represents and warrants, that the signators hereto have the legal power, right and authority to execute this warranty on behalf of the Developer and that the signators Exhibit "C"
hereto have sufficient knowledge or expertise, either personally, through reasonable inspection and investigation of the property, or through reasonable reliance upon the investigation and professional opinion of Developer's environmental experts, to make the representations herein, and that no consent of any other party is required to execute this warranty and make the representations herein on behalf of the Developer to the City of Rialto.

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

Dated: March 17,2015
DEVELOPER*
By:
*Proof of authorization for Developer's signatures is required to be submitted concurrently with this environmental warranty.

Exhibit "C"