Rialto City Council
October 14, 2025

INCORPORATED NOV: 17, 1911

PUBLIC IMPROVEMENT AGREEMENT
[Non-subdivision Development]
by and between

CITY OF RIALTO
and
OLAM S Riverside Ave LLC
Revised 7/14/25

PUBLIC IMPROVEMENT AGREEMENT BETWEEN

THE CITY OF RIALTO
AND

OLAM S RIVERSIDE AVE LLC
Agreement Date:

Developer Name: OLAM S RIVERSIDE AVE LLC (hereinafter "Developer") Project Name: PPD 2023-0025 (hereinafter "Project")
10940 S Riverside Ave
Estimated Total Cost of Improvements: 748,634.76
(Including Monumentation, Faithful Performance, Maintenance ) Security:

Bond Nos.: 100986760 (+rider), 100986697,
100986755 (+rider)
Surety: Tokio Marine HCC
-OR-
Irrevocable Standby Letter of Credit No.:

Financial Institution:
-OR-
Cash/Certificate of Deposit, Agreement Dated:

Financial Institution:
1 Designees for the Service of Written Notice:

CITY: DEVELOPER:

City Engineer Name: OLAM S Riverside Ave LLC
City of Rialto Address: 85 2nd St, 4th Floor
150 S. Palm Avenue San Francisco, CA 94105
Rialto, CA 92376 Phone: 818-451-9627
Phone: (909) 820-2602
CITY PROJECT INSPECTOR: SURETY:

City of Rialto Name: Tokio Marine HCC
Public Works Department Address: 1145 Broadway, Suite 1350 335 W. Rialto Avenue Tacoma, WA 98402
Rialto, CA 92376 Phone: 253-719-9856
Phone: (909) 421-7294
2 Construction Obligations 1

1.1 Works of Improvement

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

1.3 Other Obligations Referenced in Conditions of Entitlement Approval 2

1.4 Intent of Plans

1.5 RESERVED 3

1.6 Performance of Work 3

1.7 Changes in the Work 3

1.8 Defective Work 3

1.9 No Warranty by City

1.10 Authority of the City Engineer

1.11 Documents Available at the Site

1.12 Inspection 3

1.13 Compliance with Law; Applicable Standards for Improvements 4

1.14 Suspension of Work 4

1.15 Erosion and Dust Control and Environmental Mitigation

1.16 Final Acceptance of Works of Improvement

1.17 Vesting of Ownership

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

2.1 Commencement and Completion Dates

2.2 Phasing Requirements 6

2.3 Force Majeure 6

2.4 Continuous Work 7

3. Labor 7

3.1 Labor Standards

3.2 Nondiscrimination 7

3.3 Licensed Contractors

3.4 Worker's Compensation

4. Security 7

4.1 Required Security 7

4.2 Form of Security Instruments 8

4.3 Developer's Liability 9

4.4 Letters of Credit 10

4.5 Release of Security Instruments 10
Cost of Construction and Provision of Inspection Service 11

5.1 Developer Responsible for All Costs of Construction 11

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

6. Acceptance of Offers of Dedication 11

7. Warranty of Work 11

8. Default 11
3 8.1 Default by Developer

8.2 Remedies

8.3 Notice of Violation

8.4 Remedies Not Exclusive

8.5 Attorney's Fees and Costs

8.6 Waiver
Indemnity/Hold Harmless

10. Developer's Indemnity of Project Approval

11. Insurance Requirements

12. Environmental Warranty

13. General Provisions

13.1 Successors and Assigns

13.2 No Third Party Beneficiaries

13.3 No Vesting Rights

13.4 Developer is Not Agent of City

13.5 Time of the Essence

13.6 Notices

13.7 No Apportionment

13.8 Severability

13.9 Captions

13.10 Incorporation of Recitals

13.11 Interpretation

13.12 Entire Agreement; Waivers and Amendments

13.13 Counterparts

14. Authority 20

PUBLIC IMPROVEMENT AGREEMENT
THIS PUBLIC IMPROVEMENT AGREEMENT (this "Agreement") is entered into this day of _ _ 20_ _ by and between the CITY OF RIALTO, a municipal corporation, organized and existing in the County of San Bernardino, under and by virtue of the laws of the State of California, ("CITY"), and OLAM S RIVERSIDE AVE LLC, a Delaware LLC (Developer").

RECITALS
A. Developer has presented to City for approval PPD 2023-0025 (the "Entitlements") in connection with a development of an EV Charging Center (10940 S Riverside Ave) (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.

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

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

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

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

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

1. Construction Obligations.

1.1 Works of Improvement. Developer agrees, at its sole cost and expense, to construct or install, or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer, street lighting, landscaping, utility, and other improvements (the "Works of Improvement"), as the same may be supplemented and revised from time to time as set forth in this Agreement (said plans and specifications, together with all related documents, the "Plans"). The estimated construction cost for the Works of Improvement is $748,634.76.

1.2 Acquisition and Dedication of Easements and Rights-of-Way. If any of the Works of Improvement contemplated by this Agreement is to be constructed or installed on land

not owned by City or Developer, no construction or installation shall be commenced before:
(a) The acquisition, or payment of the cost of acquisition by City, and dedication of all rights-of-way, easements and other interests in real property for construction and installation of the Works of Improvement, free and clear of all liens and encumbrances; or
(b) The offer of dedication to City of appropriate rights-of-way, easements or other 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.

1.3 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.

1.4 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Developer shall perform or cause to be performed in a manner acceptable to the City Engineer, (or designee), and in full compliance 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.

1.5 RESERVED.

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

1.7 Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City 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.

1.8 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.

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

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

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

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

1.13 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.

1.14 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.

1.15 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.

1.16 Final Acceptance of Works of Improvement. After Developer's contractor has completed all of the Works of Improvement, Developer shall then request a final inspection of the work. If items are found by the City's 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.

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

1.18 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.

1.19 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.

2. 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.

2.3 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.

3. 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 subcontractor performing any of the Works of Improvement to carry Workers' Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site.

Security.

4.1 Required Security.
(a) At the time 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 $748,634.76 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 $748,634.76 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 $1,000 equal to 100% of the cost thereof.

This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Required Security Instrument for Maintenance and Warranty. Prior to the City Council's acceptance of the Works of Improvement and recordation of a Notice of Completion, 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 $74,863.48 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.
(i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Rialto, State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Developer's completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date).

(iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and 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.

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 pertorm its obligations with respect thereto, Developer shall be personally liable for pertormance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4.

4.4 Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit (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 of all costs incurred for construction and installation of the Works of Improvement. In the event Developer is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject 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.

6. 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 detects, 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 (f) Developer's failure to perform any other obligation under this Agreement.

8.2 Remedies. The City reserves all remedies available to it at law or in equity for a default or breach of Developer's obligations under this Agreement. The City shall have the right, subject to this Section, to draw upon or use the appropriate security to mitigate the City's damages in the event of default by Developer. The City's right to draw upon or use the security is in addition to any other remedy available to City. The parties acknowledge that the estimated costs and security amounts may not reflect the actual cost of construction of the improvements and, therefore, City's damages for 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.

8.4 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, indemnify and hold harmless City, its officials, boards and commissions, and members thereof, agents, and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of 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 fully in the defense of any such claim, action, or proceeding. In the event City fails to promptly notify the Developer of any claim, action, or proceeding, or if the City fails to cooperate in the defense, the Developer shall not thereafter be responsible to defend, indemnify, or hold harmless the City. Nothing in this Section prohibits the City from participating in the defense of any claim, action, or proceeding if City bears its own attorney's fees and costs and defends the action in good faith. Developer shall not be required to pay or perform any settlement unless the settlement is approved 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:

Premises-operations; including X, C, and U coverage;
(ii) Owners' and contractors' protection;
(ili) Independent contractors;
(IV) Blanket contractual;
(v) Ongoing operations;
(vi) Products -completed operations hazard; and
(vii) Personal and advertising injury
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.

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
(ii) This policy shall provide coverage for $1,000,000 Employers' Liability (Coverage B).
(iii) Pursuant to Labor Code section 1861, Developer by executing this Agreement certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract."

(iv) Developer shall cause each contractor and subcontractor to provide adequate Workers' Compensation and Employer's Liability Insurance for the protection of employees not otherwise protected.
(v) Prior to commencement of work, the Developer shall file with the City's Risk Manager a Certificate of Insurance or certification of permission to self-insure workers' compensation conforming to the requirements of the Labor Code.
(d) Endorsements. All of the following endorsements are required to be made a part of each of the above-required policies as stipulated below:
(i) The Commercial General Liability and Commercial Vehicle/ Automotive Liability policies are to contain or be endorsed to contain the following provisions:
a. Additional Insureds. The City of Rialto, its officials, officers, employees, agents and independent contractors shall be named as additional insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Developer; and with respect to liability arising out of work or operations performed by or on behalf of the Developer including materials, parts or equipment furnished in connection with such work or operations. b. Primary Insurance. For any claims related to this project, the Developer's insurance coverage shall be primary insurance as respects the City of Rialto, its officials, officers, employees, agents and independent contractors. Any insurance or self- insurance maintained by the City of Rialto, its officials, officers, employees, agents and independent contractors 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.

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.

Commencement of Work. Developer shall not commence work under this Agreement until Developer has obtained all insurance required pursuant to this Section, and such insurance has been approved by City; nor shall Developer allow any contractor or subcontractor to commence work on the Improvements until all similar insurance required of the contractor or subcontractor has been obtained.

Certificates, endorsements, and where applicable, full copies of policies shall be maintained on file with the City Clerk.
(g) Higher Limits. If Developer maintains higher limits than the minimums specified in this Section 11, the City requires and shall be entitled to coverage for the higher limits maintained by Developer. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(h) Insurer Rating; Acceptability. Except as set forth otherwise herein, the policies required by this Section shall be issued by a California-admitted insurer with a rating of at least a "B+; 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 person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all insurance policies at any time and/or to require Developer to provide reports or status updates to evidence compliance of its contractors and subcontractors with the provisions of this Section. Developer's insurance company(ies) shall mail all required certificates of insurance and endorsements to:

City of Rialto
Risk Management

150 S. Palm Avenue
Rialto, CA 92376

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, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as "Toxic Materials" in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies.
(c) Developer has not caused or permitted the release of, and has no knowledge of the release or presence of, any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (d) Developer's prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated.

12.2 Developer shall give prompt written notice to City of:
(a) Any proceeding or investigation by any federal, state or local governmental 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. property no bladedicated thra and by or hid pain a care bee 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, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other Agreement to which said party is bound. [SIGNATURES ON NEXT PAGE]

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

CITY OF RIALTO, CALIFORNIA OLAM S RIVERSIDE AVE LLC
By By
: :

Tanya Williams, City Manager
Title: Michael Englhard

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 muna
Name: Mat Bennett
Title: Lily Engineer

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Orange
on tober 1, 2025 before me, Julie A. Moffatt, Notary Public Here Insert Name and Title of the Officer
personally appeared MichaeL EnglhaRo
Name(s) of Signers)
Who proved to me on the basis of satisfactory evidence to be the person(s) whose name(sy is / are subscribec to the within instrument and acknowledged to me that/he / she / they executed the same in his her / thei authorized capacity(ies), and that they by his Dher / 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.

JULIE A. MOFFATT
COMM. #2382397
Notary Public - California
Orange County
My Comm. Expires Nov. 9, 2025( Signature of Notary Public Place Notary Seal Above
OPTIONAL:

Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Document Date:

Number of Pages: Signers) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • 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

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF RIALTO,

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

THE EAST HALF OF THE EAST HALF OF LOT 283, OF SEMI -TROPIC LAND AND WATER COMPANY, AS PER PLAT RECORDED IN BOOK 11 OF MAPS PAGE 12 RECORDS OF SAID COUNTY.

AREAS AND DISTANCES OF THE ABOVE DESCRIBED PROPERTY ARE COMPUTED

TO THE CENTER LINE OF ALL ADJOINING STREETS AND ROADS, AS SHOWN ON THE MAP OF SAID TRACT:

SAN BERNARDINO BY DEED RECORDED MAY 5
RECORDS, PAGE 261.

EXCEPT THEREFROM THAT PORTION OF THE PROPERTY LOCATED WITHIN THE RIGHT OF WAY OF SANTA ANA AVENUE, DESCRIBED AS FOLLOWS:

A PORTION OF LOT NO. 283 SEMI - TROPIC LAND AND WATER COMPANY AS RECORDED IN MAP BOOK 11,
PAGE 12, BEING THE EAST;\ OF THE EAST;| OF SAID LOT EXCEPTING THE EASTERLY 55 FEET FOR STREETS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

THE NORTH 44 FEET OF THE ABOVE DESCRIBED PARCEL, AND;
A TRIANGULAR PORTION BOUNDED EAST BY A LINE 55 FEET WEST OF AND PARALLEL WITH THE CENTERLINE OF RIVERSIDE AVENUE; AND ON THE NORTH BY A LINE 44 FEET SOUTH OF AN PARALLEL WITH THE CENTERLINE OF SANTA ANA AVENUE; AND ON THE SOUTHWEST BY AN ARC WITH A RADIUS OF 20 FEET CONCAVE TO THE SOUTHWEST AND TANGENT TO SAID LINES 55 FEET WEST OF

THE CENTERLINE OF SANTA ANA AVENUE
ALL DISTANCES MEASURED TO ADJACENT STREET CENTERLINES.

Exhibit "A"
EXHIBIT "B"

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

Exhibit "B"
Project Conditions
City of Rialto
Project Number: PPD2023-0025 Description: Electric Truck Charging Center Applied: 7/14/2023 Approved: 4/9/2024 Site Address: 0
Closed: Expired: City, State Zip Code: RIALTO, CA 92376 Status: APPROVED Applicant: TeraWatt Infrastructure
Parent Project: MC2023-0035 Owner: OLAM S RIVERSIDE AVE LLC Contractor: <NONE>
Details:

UST OF

REQUIRED DATE SATISFY DATE TYPE STATUS

SEQ NO ADDED DATE

CONTACT REMARKS

DEPARTMENT

PI PPD CONDITION
1 . 4/10/2024

PLANNING DIVISION DANIEL CASEY
Notes:

Precise Plan of Design No. 2023-0025 is approved allowing the development of an Electric Truck Charging Center with seventy-three (73) charging improvements on 3.88 acres of land (APN: 0258-121-09) located at the southwest corner of Riverside Avenue and Santa Ana Avenue within the Heavy stations, 1,074 square foot pre-fabricated "amenity" building, and associated canopies, paving, fencing, lighting, landscaping, and drainage Industrial (H-IND) land use district of the Agua Mansa Specific Plan, subject to the conditions of approval contained herein.

PPD CONDITION
2 4/10/2024

PLANNING DIVISION DANIEL CASEY
Notes:

The approval of PPD No. 2023-0025 is granted for a one (1) year period from the date of approval. Approval of PPD No. 2023-0025 will not become effective until the applicant has signed a Statement of Acceptance acknowledging awareness and acceptance of the required Conditions of Approval contained herein. Any request for an extension shall be reviewed by the Community Development Director and shall be based on the progress that has P3 PPD CONDITION
4/10/2024

PLANNING DIVISION DANIEL CASEY
Notes:

The development associated with PPD No. 2023-0025 shall conform to the site plan, site wall elevation, canopy elevation, and 3D rendering received by the Planning Division on March 8, 2024, except as may be required to be modified based on the Conditions of Approval contained herein. 4/10/2024 P4 PPD CONDITION
4 PLANNING DIVISION DANIEL CASEY
Notes:

The development associated with PPD No. 2023-0025 shall comply with all applicable sections of the Agua Mansa Specific Plan, the Rialto Municipal Code, and all other applicable State and local laws and ordinances. 1 of 17 ¿ CENTRALSQUARE
Printed: Wednesday, 10 April, 2024
Project Conditions
City of Rialto
4/10/2024 PPD CONDITION
5 PLANNING DIVISION DANIEL CASEY
Notes:

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.

P6 PPD CONDITION
6 4/10/2024

PLANNING DIVISION DANIEL CASEY
Notes:

The applicant shall indemnify, protect, defend, and hold harmless, the City of Rialto, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof collectively, the "City Parties"), from any and all claims, demands, law suits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures), (collectively "Actions"), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the any action of, 'or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the Project (collectively, the "Entitlements"), whether such Actions are brought under the California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure Chapter 1085 or 1094.5, the California Public Records Act, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a court of competent jurisdiction. This condition to indemnify, protect, defend, and hold the City harmless shall include, but not limited to (i) damages, fees and/or costs awarded against the City, if any, and (ii) cost of suit, attorneys' fees and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by applicant, Property owner, or the City and/or other parties initiating or bringing such proceeding (collectively, subparts (i) and (ii) are the "Damages"). Notwithstanding anything to the contrary contained herein, the Applicant shall not be liable to the City Parties under this indemnity to the extent the Damages incurred by any of the City Parties in such Action(s) are a result of the City Parties' fraud, intentional misconduct or gross negligence in connection with issuing the Entitlements. The applicant shall execute an agreement to indemnify, protect, defend, and hold the City harmless as stated herein within five (5) days of approval of PPD No. 2023-0025.

P7 PPD CONDITION
7 4/10/2024

PLANNING DIVISION DANIEL CASEY
Notes:

In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedications, reservations, or exactions for this Project, if any, are subject to protest by the applicant at the time of approval or conditional approval of the Project or within 90 days after the date of the imposition of the fees, dedications, reservations, or exactions imposed on the Project. 4/10/2024 P8 PPD CONDITION
8 PLANNING DIVISION DANIEL CASEY
Notes:

The applicant shall submit a formal Landscape Plan to the Planning Division prior to the issuance of building permits. The submittal shall include three (3) sets of planting and irrigation plans, a completed Landscape Plan Review application, and the applicable review fee.

P9 PPD CONDITION
9 4/10/2024

PLANNING DIVISION DANIEL CASEY
Notes:

The applicant shalt plant a substantial amount of trees, shrubs, and groundcover throughout all land on-site that is not covered by structures, walkways, parking areas, and driveways. Trees shall be planted a minimum of thirty (30) feet on-center, and all shrubs and groundcover shall be planted an average of three (3) feet on-center or less. All trees shall be minimum of fifteen (15) gallons in size upon initial planting, unless otherwise specified herein. At least fifty (50) percent of the trees shall consist of evergreen broadleaf trees, while the remaining percentage may consist of broadleaf deciduous trees and/or palm trees. All shrubs shall be a minimum of one (1) gallan in size, unless otherwise specified herein. All planter areas shall receive a minimum two (2) inch thick layer of brown bark, organic mulch, and/or decorative rock upon initial planting. Pea gravel and decomposed granite are not acceptable materials to use within planter areas. All planter areas on-site shall be permanently irrigated and maintained. The planting and irrigation shall be identified on the formal Landscape Plan submittal prior to the issuance of a landscape permit. 2 of 17 •, CENTRALSQUARE
Printed: Wednesday, 10 April, 2024
CITY OF Project Conditions
City of Rialto
P10 PPD CONDITION
10 4/10/2024

PLANNING DIVISION DANIEL CASEY
Notes:

The applicant shall plant one (1) tree every thirty (30) feet on-center within the public right-of-way parkway along Santa Ana Avenue. All trees within 4/10/2024 P11 PPD CONDITION
11 PLANNING DIVISION DANIEL CASEY
Notes:

The applicant shall plant one (1) tree every thirty (30) feet on-center within the public right-of-way parkway along Riverside Avenue. All trees within the public right-of-way parkway shall be a minimum of twenty-four (24) inch box in size, upon initial planting. Thereafter, the trees within the public right- of-way parking shall be permanently irrigated and maintained, as required by the Public Works Department. The street tree species along Riverside Avenue shall be the Pistachia Chinensis "Chinese Pistache" and/or the Eucalyptus Ficifolla "Rosey Red Iron Bark". The street trees shall be identified on the formal Landscape Plan submittal prior to the issuance of a landscape permit. 12 4/10/2024 P12 PPD CONDITION

PLANNING DIVISION DANIEL CASEY
Notes:

The applicant shall plant shrubs that surround all ground mounted equipment and utility boxes, including transformers, fire-department connections, backflow devices, etc. for the purpose of providing screening of said equipment and utility boxes. All equipment and utility box screen shrubs shall be a minimum of five (5) gallons in size upon initial planting, and the shrubs shall be spaced no more than three (3) feet on-center. Thereafter, the equipment and utility box screen shrubs shall be permanently irrigated and maintained into a continuous box-shape with a height of no less than three and one-half (3.5) feet above the finished grade. The shrubs shall be identified on the formal Landscape Plan submittal prior to the issuance of a landscape permit.

P13 PPD CONDITION
13 4/10/2024

PLANNING DIVISION DANIEL CASEY
Notes:

In order to provide enhanced building design in accordance with Chapter 18.61 (Design Guidelines) of the Rialto Municipal Code, the applicant shall oute all drainage downspouts through the interior of the building. The internal downspouts shall be identified within the formal building plan chec! ubmittal prior to the issuance of building permit
14 P14 PPD CONDITION
4/10/2024

PLANNING DIVISION DANIEL CASEY
Notes:

In order to provide enhanced building design in accordance with Chapter 18.61 (Design Guidelines) of the Rialto Municipal Code, the applicant shall construct parapet returns, at least three (3) feet in depth from the most inward wall plane, at all height variations on all four (4) sides of the building. The parapet returns shall be demonstrated on the roof plans within the formal building plan check submittal prior to the issuance of building permits. 15 4/10/2024 P15 PPD CONDITION

PLANNING DIVISION DANIEL CASEY
Notes:
issuance of building permits.
3 of 17 ) CENTRALSQUARE
Printed: Wednesday, 10 April, 2024
Project Conditions
City of Rialto
P16 PPD CONDITION
16 4/10/2024

PLANNING DIVISION DANIEL CASEY
Notes:
any new walls, including any retaining walls, shall be comprised of decorative masonry block or decorative concrete. Decorative masonry block mean:
tan-colored slumpstone block, tan-colored split-face block, or precision block with a stucco, plaster, or cultured stone finish. Decorative concrete means painted concrete with patterns, reveals, and/or trim lines. Pilasters shall be incorporated within all new walls visible from the public right-of- P17 PPD CONDITION
17 4/10/2024

PLANNING DIVISION DANIEL CASEY
Notes:

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 the formal building plan check submittal prior to the issuance of building permits. 4/10/2024 P18 PPD CONDITION
18 PLANNING DIVISION DANIEL CASEY
Notes:

The applicant shall construct at least one (1) ADA accessible trash enclosure on the project site. The trash enclosure shall provide room for one (1) commercial waste container and one (1) commercial recycling container. The exterior of any trash enclosure shall match the material and base color o he buildings. Additionally, any trash enclosure shall contain solid steel doors and a flat solid cover. Corrugated metal and chain-link are not acceptabl materials to use as a part of the trash enclosure. The location of any trash enclosure shall be identified on the site plan within the formal building plan check prior to the issuance of building permits. An elevation detail for any trash enclosure shall be provided within formal building plan check submittal 4/10/2024 P19 PPD CONDITION
19 PLANNING DIVISION DANIEL CASEY
Notes:

All light standards installed on site, shall have a maximum height of twenty-eight (28) feet, as measured from the finished surface, including the base. the issuance of building permits.
4/10/2024 P20 PPD CONDITION
20 PLANNING DIVISION DANIEL CASEY
Notes:

All planting and irrigation shall be installed on-site in accordance with the approved landscape plans and permit prior to the issuance of a Certificate of Occupancy. The installation of the planting and irrigation shall be certified in writing by the landscape architect responsible for preparing the landscape plans prior to the issuance of a Certificate of Occupancy. 21 4/10/2024 P21 PPD CONDITION

PLANNING DIVISION DANIEL CASEY
Notes:

Any tubular steel fencing and/or sliding fates shall be painted black prior to the issuance of a Cerificate of Occupancy, unless specied otherwise 4 of 17 • CENTRALSQUARE
Printed: Wednesday, 10 April, 2024
Project Conditions
City of Rialto
4/10/2024 EN1 PPD CONDITION
22 ENGINEERING DIV ENGINEERING BUCKET
Notes:

All requirements shall be completed to the satisfaction of the City Engineer prior to issuance of a certificate of occupancy unless otherwise noted. 4/10/2024 ENZ PPD CONDITION
23 ENGINEERING DIV ENGINEERING BUCKET
Notes:

Remove all graffiti within 24 hours pre-construction, during construction, and after a Certificate of Occupancy is issued.

EN3 PPD CONDITION
24 4/10/2024

ENGINEERING DIV ENGINEERING BUCKET
Notes:

The project shall submit civil engineering design plans, reports and/or documents, prepared by a registered/licensed civil engineer, for review an approval by the City Engineer per the current submittal requirements, prior to the indicated threshold or as required by the City Engineer The first submittal shall consist of, but Is not limited to the following:
a. ROUGH GRADE W/ EROSION CONTROL PLAN (optional, prior to grading permit issuance) D. PRECISE GRADE W/ EROSION CONTROL PLAN (prior to grading permit issuance) c. PUBLIC IMPROVEMENT PLAN - plans may include: Street, Signing & Striping, Landscape & Irrigation, Sewer, Water, etc. (prior to Map Approval or oft- site construction permit issuance, whichever occurs first) d. FINAL DRAINAGE STUDY (prior to grading plan approval) e. FINAL WQMP (prior to grading plan approval)
f. LEGAL DOCUMENTS (e.g. EASEMENTS), DEDICATION(S), LOT LINE ADJUSTMENT, VACATION, etc.) (prior to building permit issuance or occupancy approval)
g. AS-BUILT/RECORD DRAWINGS for all plans (prior to occupancy approval) EN4 PPD CONDITION
25 4/10/2024

ENGINEERING DIV ENGINEERING BUCKET
Notes:

The developer is responsible for requesting address assignment from the Planning Division for any new building, irrigation water meter and electrical pedestal. Addresses for irrigation meters must be based upon approved civil plans. Addresses for electrical pedestals must be based upon approved SCE plans. The main building address shall be included on Precise Grading Plans and Building Plan set along with the PPD number. The electrical meter pedestal addresses (single or dual) shail be included in the public improvement plans.

ENS PPD CONDITION
26 4/10/2024

ENGINEERING DIV ENGINEERING BUCKET
Notes:

Upon approval of any improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD drawing file), DXF (AutoCAD ASCIl drawing exchange file), and PDF (Adobe Acrobat) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval by the City Engineer.

ENG PPD CONDITION
27 4/10/2024

ENGINEERING DIV ENGINEERING BUCKET
Notes:

All street cuts for utilities shall be repaired in accordance with City Standard SC-231 within 72 hours of completion of the utility work; and any interim ench repairs shall consist of compacted backfill to the bottom of the pavement structural section followed by placement of standard base cours laterial in accordance with the Standard Specifications for Public Work Construction ("Greenbook"). The base course material shall be placed the fu height of the structural section to be flush with the existing pavement surface and provide a smooth pavement surface until permanent cap paving occurs using an acceptable surface course material.
5 of 17 * CENTRALSQUARE
Printed: Wednesday, 10 April, 2024
Project Conditions
City of Rialto
4/10/2024 EN7 PPD CONDITION
28 ENGINEERING DIV ENGINEERING BUCKET
Notes:
4/10/2024 EN& PPD CONDITION
29 ENGINEERING DIV ENGINEERING BUCKET
Notes:

All median, applicable landscape easement, and parkway landscaping shall be guaranteed for a period of one year from the date of acceptance by the City Engineer acceptance. Any landscaping that fails during the one-year landscape maintenance period shall be replaced with similar plant material to the satisfaction of the City Engineer and shall be subject to a subsequent one-year landscape maintenance period. The applicant must contact the City of Rialto Landscape Contract Specialist at (909) 820-2602 to confirm a full twelve (12) months' time of non-interrupted ongoing maintenance.

ENS PPD CONDITION
30 4/10/2024

ENGINEERING DIV ENGINEERING BUCKET
Notes:

All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed, as required by the City Engineer.
4/10/2024 EN10 PPD CONDITION
31 ENGINEERING DIV ENGINEERING BUCKET
Notes:

In accordance with Chapter 15.32 of the City of Rialto Municipal Code, all existing and new electrical distribution lines of sixteen thousand volts or less transecting, shall be installed underground. Utility undergrounding shall extend to the nearest off-site power pole. This may require undergrounding beyond the project limits to prevent any existing poles to remain or new poles to be placed for guy wire purposes along the project frontage. New power poles shall not be installed unless otherwise approved by the City Engineer. A letter from the owners of the affected utilities shall be submitted the City Engineer prior to approval of the Grading Plan, informing the City that they have been notified of the City's utility undergrounding equirement and their intent to commence design of utility undergrounding plans. When available, the utility undergrounding plan shall be submitte 4/10/2024 EN11 PPD CONDITION
32 ENGINEERING DIV ENGINEERING BUCKET
Notes:

In accordance with City Ordinance No. 1589, adopted to preserve newly paved streets, all street and/or trench cuts in street newly paved or slurry will be subject to moratorium street repair standards as referenced in Section 11.04.145 of the Rialto Municipal Code. Contact the Engineering Division - Land Development for a list of streets subject to the moratorium. 4/10/2024 EN12 PPD CONDITION
33 ENGINEERING DIV ENGINEERING BUCKET
Notes:

The minimum pavement section for all on-site pavements shall be 2 inches asphalt concrete pavement over 4 inches crushed aggregate base with a linimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement sectior hall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approva 6 of 17 CENTRALSQUARE
Printed: Wednesday, 10 April, 2024
CITY OF Project Conditions
City of Rialto
4/10/2024 EN13 PPD CONDITION
34 ENGINEERING DIV ENGINEERING BUCKET
Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be ackfilled and repaired in accordance with City of Rialto Standard Drawings. The developer shall be responsible for removing, grinding, paving and/c verlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including pavement repairs addition to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e., Fontana Water Company, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and other street uts within existing asphalt concrete pavement of off-site streets required by the proposed development may require complete grinding and asphat concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall b returned to a condition equal to or better than what existed prior to construction of the proposed development.

EN14 PPD CONDITION
35 4/10/2024

ENGINEERING DIV ENGINEERING BUCKET
Notes:

All damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and streetlights, associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. 4/10/2024 EN15 PPD CONDITION
36 ENGINEERING DIV ENGINEERING BUCKET
Notes:

Construction signing, lighting, and barricading shall be provided during all phases of construction as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with Part 6 Temporary Traffic Control of the 201 California Manual on Uniform Traffic Control Devices, or subsequent editions in force at the time of construction EN16 PPD CONDITION
37 4/10/2024

ENGINEERING DIV ENGINEERING BUCKET
Notes:

The public street improvements outlined in these conditions of approval are intended to convey to the developer an accurate scope of required improvements, however, the City Engineer reserves the right to require reasonable additional improvements as may be determined during the review and approval of street improvement plans required by these conditions. 4/10/2024 EN17 PPD CONDITION
38 ENGINEERING DIV ENGINEERING BUCKET
7 of 17 • CENTRALSQUARE
Printed: Wednesday, 10 April, 2024
Project Conditions
City of Rialto
4/10/2024 EN18 PPD CONDITION
39 ENGINEERING DIV ENGINEERING BUCKET
Notes:

Management Plan (WQMP) approved for use for the Santa Ana River Watershed. The developer is advised that applicable Site Design BMPs will b required to be incorporated into the final site design, pursuant to a site specific WQMP submitted to the City Engineer for review and approval EN19 PPD CONDITION
40 4/10/2024

ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to grading plan approval, submit a Final Hydrology Study to determine the volúme of increased stormwater runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed development. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on-site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property. Hydrology studies shall be prepared in accordance with the San Bernardino County Hydrology Manual and Rialto drainage criteria.

Final retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. The volume of increased stormwater runoff to retain on-site shall be determined by comparing the existing pre-developed condition and proposed developed condition, using the 100-year frequency storm.

EN20 PPD CONDITION
41 4/10/2024

ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to grading plan approval, direct release of on-site nuisance water or stormwater runoff shall not be permitted to the adjacent public streets.

Provisions for the interception of nuisance water from entering adjacent public streets from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas, and in only a stormwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains.

EN21 PPD CONDITION
42 4/10/2024

ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to grading plan approval, a geotechnical/soils report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. The geotechnical report shall include a section on infiltration testing. A digital copy (PDF) of the Geotechnical/Soils Report shall be submitted to the Engineering Division with the first submittal of the precise grading plan.
43 4/10/2024 EN22 PPD CONDITION

ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to grading plan approval, submit a Final Water Quality Management Plan (FWQMP) identifying site-specific Best Management Practices (BMPs) in accordance with the Model WQMP approved for use for the Santa Ana River Watershed. The site specific WQMP shall be submitted to the City Engineer for review and approval with the precise grading plan. 8 of 17 5 CENTRALSQUARE
Printed: Wednesday, 10 April, 2024
Project Conditions
City of Rialto
44 4/10/2024 EN23 PPD CONDITION

ENGINEERING DIV ENGINEERING BUCKET
Notes:
rior to grading plan approval, a WQMP Maintenance Agreement shall be required, obligating the property owner(s) to appropriate operation anc naintenance obligations of on-site BMPs constructed pursuant to the approved WOMP 45 4/10/2024 EN24 PPD CONDITION

ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to grading plan approval, a Notice of Intent (NOI) to comply with the California General Construction Stormwater Permit (Water Quality Order 2009-0009-DWQ as modified September 2, 2009) is required via the California Regional Water Quality Control Board online SMARTS system. A copy of the executed letter issuing a Waste Discharge Identification (WDID) number shall be provided to the City Engineer. The developer's contractor shall prepare and maintain a Storm Water Pollution Prevention Plan (SWPPP) as required by the General Construction Permit. All appropriate measures to prevent erosion and water pollution during construction shall be implemented as required by the SWPPP 4/10/2024 EN25 PPD CONDITION
46 ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to issuance of grading permit or on-site construction permit, submit a precise grading plan prepared by a California registered civil engineer to the Engineering Division for review and approval by the City Engineer. The plan shall conform to the requirements of the California Building Code for review and approval.
47 EN26 PPD CONDITION
4/10/2024

ENGINEERING DIV ENGINEERING BUCKET
Notes:
street lighting improvements conditioned on the project and to be maintained by the City of Rialto post construction. 48 4/10/2024 EN27 PPD CONDITION

ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to commencing with any grading, the required erosion and dust control measures shall be in place. In addition, the following shall be included if not already identified: a. Tan-colored perimeter screened fencing b. Contractor information signage including contact information along [Street Name] and [Street Name] c. Post dust control signage with the following verbiage: Project Name, WDID No., IF YOU SEE DUST COMING FROM THIS PROJECT CALL: NAME (XXX) XXX-XXX, if you do not receive a response, Please call the AQMD at 1-800-CUT-SMOG.

EN28 PPD CONDITION
49 4/10/2024

ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to street improvement plan approval, dedicate additional right-of-way as may be required across driveway aprons to provide for ADA compliant public access, traffic signal equipment, and signing & striping. 9 of 17 ; CENTRALSQUARE
Printed: Wednesday, 10 April, 2024
Project Conditions
City of Rialto
4/10/2024 EN29 PPD CONDITION
50 ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to street improvement plan approval, dedicate additional right-of-way on Riverside Avenue along the entire frontage as may be required to provide a property line at an ultimate 55-foot half street right-of-way in accordance with a Major Modified Arterial Il rather than the typical 60-foot hall street right-of-way. The ultimate street width and median improvements shall be in accordance with a Major Modified Arterial II.

EN30 PPD CONDITION
51 4/10/2024

ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to off-site landscape and irrigation plan approval, the plans shall be designed in accordance with the Public Works Landscape Maintenance District Guidelines and Model Water Efficiency Landscape Ordinance per the Rialto Municipal Code Section 12.50.065. 4/10/2024 EN31 PPD CONDITION
52 ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to traffic signal modification plan approval, include a 4-inch conduit interconnect within the parkway area along the entire frontage of the property on Riverside Avenue for future use.
4/10/2024 EN32 PPD CONDITION
53 ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to issuance of building permit or off-site construction permit, the applicant may be required to enter into a Public Improvement Agreement (PIA) with the City and furnish security (i.e. surety bonds, letter of credit, or cash) in amounts determined by the City Engineer. 4/10/2024 EN33 PPD CONDITION
54 ENGINEERING DIV ENGINEERING BUCKET
Notes:

Friar to isance a encroachment permit or of-ste construction permit, al luble improvement plans must be submitted and approved by the city 55 4/10/2024 EN34 PPD CONDITION

ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to issuance of encroachment permit or off-site construction permit, submit sewer improvement plans prepared by a California registered civil engineer to the Engineering Division: The plans shall be approved by the City Engineer prior to issuance of any building permits. The developer is advised that domestic water service is provided by Rialto Water Services (RWS). The developer shall be responsible for coordinating with water purveyor and complying with all requirements for establishing sewer service to the property. 4/10/2024 EN35 PPD CONDITION
56 ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to issuance of encroachment permit or off-site construction permit submit a water improvement plan approved by the local water purveyor. The developer is advised that domestic water service is provided by West Valley Water District. The developer shall be responsible for coordinating with water purveyor and complying with all requirements for establishing domestic water service to the property. 10 of 17 CENTRALSQUARE
Printed: Wednesday, 10 April, 2024
Project Conditions
City of Rialto
EN36 PPD CONDITION
57 4/10/2024

ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to issuance of encroachment permit, off-site construction permit, or building permit, whichever occurs first, submit off-site landscaping and rrigation system improvement plans for review and approval concurrently with street improvement plan submittal to the Engineering Division - Land Development. The median irrigation system, parkway irrigation system, and applicable Specific Plan required landscape easement irrigation syster shall be separately metered from the on-site private irrigation to facilitate separate utility bill payment by the City after the required one-year maintenance period via the Landscape and Lighting Maintenance District No. 2. The off-site landscape and irrigation plans must show a separate electrical and water meters to be annexed into LLMD2 via a City Council public hearing process as well as a show a separate irrigation lateral. Use of an existing LLMD2 water meter and electrical pedestal is encouraged. The Landscape and Irrigation plans shall be approved concurrently with the Street Improvement plans, including the median portion, applicable easement portion, and/or parkway portion. The landscaping architect must contact the City of Rialto Landscape Contract Specialist at (909) 820-2602 to ensure all landscape and irrigation guidelines are met prior to plan approval. Electrical ind water irrigation meter pedestals must not be designed to be installed at or near street intersections or within a raised median to avoid burdensom raffic control set-up during ongoing maintenance
4/10/2024 EN37 PPD CONDITION
58 ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to issuance of a building permit, submit street improvement plans prepared by a registered California civil engineer to the Engineering Division for review. The street improvement plans shall be approved concurrently with any streetlight, landscape and irrigation, and traffic signal plans unless otherwise approved by the City Engineer.
4/10/2024 EN38 PPD CONDITION
59 ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to issuance of a building permit, submit traffic signal modification plans, for the intersection of Riverside Avenue and Santa Ana Avenue, prepared by a registered California civil engineer to the Engineering Division for review. The traffic signal modification plans shall be approved concurrently with any streetlight, landscape and irrigation, and street improvements plans unless otherwise approved by the City Engineer.

EN39 PPD CONDITION
60 4/10/2024

ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to issuance of building permit, the developer shall pay all applicable development impact fees in accordance with the current City of Rialto fee ordinance including Transportation Fair Share Contribution fees. 4/10/2024 EN40 PPD CONDITION
61 ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to the payment of the Development Impact Fee (DIF), the developer may enter into a Construction Fee Credit and Reimbursement Agreement to secure credit and reimbursement for the construction of applicable improvements. If the developer fails to complete this agreement prior to the timin specified above, credits may not be given. The developer shall pay current DIF fees adopted by the City Council. [Ord. 1532, § 1, 9-10-13] [MC 3.33.110 EN41 PPD CONDITION
62 4/10/2024

ENGINEERING DIV ENGINEERING BUCKET
Notes:
review and approval by the City Engineer. All required traffic striping and signage improvements shall be completed concurrently with required street Prior to issuance of building permit, submit traffic striping and signage plans prepared by a California registered civil engineer or traffic engineer, for improvements to the satisfaction of the City Engineer.
11 of 17 • CENTRALSQUARE
Printed: Wednesday, 10 April, 2024
Project Conditions
City of Rialto
4/10/2024 EN42 PPD CONDITION
63 ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to issuance of building permit, submit a rough grade certification, engineered fill certification and compaction report pad elevation certifications for all bullding pads in conformance with the approved precise grading plan, to the Engineering Division. Trenching for footings or construction of any buildine foundation is not allowed until the certifications have been submitted for review and approval by the City Engineer. 64 4/10/2024 EN43 PPD CONDITION

ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to occupancy approval, all public improvements shall be constructed to City standards subject to the satisfaction of the City Engineer.

EN44 PPD CONDITION
65 4/10/2024

ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to occupancy approval, provide certification from Rialto Water Services to demonstrate that all water and/or wastewater service accounts have been documented.
66 4/10/2024 EN45 PPD CONDITION

ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to occupancy approval, the developer shall connect to the City of Rialto sewer system and apply for a sewer connection account with Rialto Water services.
67 4/10/2024 EN46 PPD CONDITION

ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to occupancy approval, submit a WQMP Certification that demonstrates that all structural BMPs have been constructed and installed in conformance with approved plans and specifications, and as identified in the approved WQMP. 68 4/10/2024 EN47 PPD CONDITION

ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to occupancy approval or Final Tract/Parcel Map recordation, the developer must complete the LLMD2 annexation process. Due to the required City Council Public Hearing action, the annexation process takes months and as such the developer is advised to apply for Special District annexation as early-on in the in the process to avoid any delays with permit issuance. 4/10/2024 EN48 PPD CONDITION
69 ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to occupancy approval, install a modified traffic signal at Riverside Avenue and Santa Ana Avenue. 12 of 17 * CENTRALSQUARE
Printed: Wednesday, 10 April, 2024
Project Conditions
City of Rialto
4/10/2024 EN49 PPD CONDITION
70 ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to occupancy approval, modify the striping on Riverside Avenue and Santa Ana Avenue to accommodate the new raised median and any pavement widening meeting the requirements of the Traffic Engineer. 4/10/2024 EN50 PPD CONDITION
71 ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to occupancy approval, install CAMUTCD approved "No Stopping" signage along the entire project frontage on Riverside Avenue and Santa Ana Avenue.

EN51 PD CONDITION
72 4/10/2024

ENGINEERING DIV ENGINEERING BUCKET
Notes:
rior to occupancy approval, replace any existing non-compliant, damaged, or unsatisfactory public improvements such as, but not limited to, sidewalk urb & gutter, AC pavement, landscaping, etc. along the project frontage to the satisfaction of the City Engineer 4/10/2024 EN52 PPD CONDITION
73 ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to occupancy approval, construct commercial driveway approaches in accordance with City of Rialto Standard Drawing No. SC-214. The driveway approach shall be constructed so the top of "X" is at least 5 feet from the property line, or as otherwise approved by the City Engineer. Nothing shall be constructed or planted in the corner cut-off area which does or will exceed 30 inches in height required to maintain an appropriate corner sight distance. If necessary, additional right of way shall be dedicated on-site to construct a path of travel meeting ADA guidelines. 4/10/2024 EN53 PPD CONDITION
74 ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to occupancy approval, construct a 14-foot wide raised and landscaped median island within Riverside Drive along the project frontage in accordance with City Standards and as approved by the City Engineer. The left turn pockets shall be designed in accordance with Section 405 of the current edition of the Caltrans Highway Design Manual, and/or as approved by the City Engineer. 75 4/10/2024 EN71 PPD CONDITION

ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to occupancy approval, construct a new underground electrical system for public street lighting improvements. New marbelite street light poles that be tad new yoR Send Drawings and as approved by the City Engineer. 13 of 17 *, CENTRALSQUARE
Printed: Wednesday, 10 April, 2024
Project Conditions
City of Rialto

EN-OTHER PPD CONDITION
76 4/10/2024

ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to occupancy approval - Santa Ana Avenue: Remove existing 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 plus a 14-foot-wide westbound lane along the entire frontage in accordance with City of Rialto Standard Drawings. The pavement section shall be determined using a Traffic Index ("TI) of 10. The pavement section shall be designed by a California registered Geotechnical Engineer ising "R" values from the from pavement core samples and submitted to the City Engineer for approval. Alternatively, depending on the existing stree condition and as approved by the City Engineer, a street overlay, slurry seal, or other repair can be performed to preserve existing structural sections in accordance with current City Standards.

EN-OTHER PPD CONDITION
77 4/10/2024

ENGINEERING DIV ENGINEERING BUCKET
Notes:

Prior to occupancy approval - Riverside Avenue is under a moratorium for newly paved streets per Rialto Municipal Code Section 11.04.145. The extent of pavement repair will be based on the final public improvement plans and pavement damage due to construction activity. A street overlay, slurry seal, or other repair can be performed to preserve or repair existing pavement as determined by the City Engineer.

B1 PPD CONDITION
78 4/10/2024

BUILDING DIVISION BUILDING BUCKET
Notes:

The applicant shall design the structure in accordance with the 2022 California Building Code, 2022 California Mechanical Code, 2022 California bumbling ode, and the 202 lioni Featical code, 202 Residential Cole and the 202 Californio Green Bullings Standards adapted by the siste 79 4/10/2024 B2 PPD CONDITION

BUILDING DIVISION BUILDING BUCKET
Notes:

The applicant shall design the structure to withstand ultimate wind speed of 130 miles per hour, exposure C and seismic zone D. 4/10/2024 B3 PPD CONDITION
80 BUILDING DIVISION BUILDING BUCKET
Notes:

The applicant shall submit fire sprinkler, fire alarm systems, and fire hydrant plans to the Building Division for plan review concurrently with building plans and shall be approved prior to the issuance of a building permit. 4/10/2024 PPD CONDITION
81 BUILDING DIVISION BUILDING BUCKET
Notes:

The applicant shall submit three (3) copies of the building plans to the County Department of Environmental Health for approval, prior to submittal of the plans to the Building Division for plan review. A Building permits will not be issued or plans approved until two (2) copies of the approved healt! ›lans have been received and reviewed by the Building Division 14 of 17 5) CENTRALSQUARE
Printed: Wednesday, 10 April, 2024
Project Conditions
2 City of Rialto

PPD CONDITION
82 4/10/2024

BUILDING DIVISION BUILDING BUCKET
Notes:

The applicant shall obtain an Electrical Permit from the Building Division for any temporary electrical power required during construction. No temporary electrical power will be granted to a project unless one of the following items is in place and approved by the Building Division: (A) Installation of a construction trailer, or, (B) Security fencing around the area where the electrical power will be located.

B6 PPD CONDITION
83 4/10/2024

BUILDING DIVISION BUILDING BUCKET
Notes:

The applicant shall install any required temporary construction trailer on private property. No trailers are allowed to be located within the public right- of-way.
4/10/2024 B7 PPD CONDITION
84 BUILDING DIVISION BUILDING BUCKET
Notes:

The applicant shall design and construct accessible paths of travel from the building's accessible entrances to the public right-of-way, accessible parking and the trash enclosure. Paths of travel shall incorporate (but not limited to) exterior stairs, landings, walks and sidewalks, pedestrian ramps, curb ramps, warning curbs, detectable warning, signage, gates, lifts and walking surface materials, as necessary. The accessible route(s) of travel shall be the most practical direct route between accessible building entrances, site facilities, accessible parking, public sidewalks, and the accessible entrance(s) to the site, California Building Code, (CBC) Chapter 11, Sec, 11A and 11B B8 PPD CONDITION
85 4/10/2024

BUILDING DIVISION BUILDING BUCKET
Notes:

Prior to issuance of a Building Permit all of the following must be in place on the Site: a portable toilet with hand wash station, all BMP's, fencing and ignage on each adjacent street saying "If there is any dust or debris coming from this site please contact (superintendent number here) or the AQMD i he problem is not being resolved" or something similar to this 4/10/2024 89 PPD CONDITION
86 BUILDING DIVISION BUILDING BUCKET
Notes:

The applicant shall provide temporary toilet facilities for the construction workers. The toilet facilities shall always be maintained in a sanitary condition. The construction toilet facilities of the non-sewer type shall conform to ANSI ZA.3. 4/10/2024 B10 PPD CONDITION
87 BUILDING DIVISION BUILDING BUCKET
Notes:

All on site utilities shall be underground to the new proposed structure, unless prior approval has been obtained by the utility company or the City. 4/10/2024 B11 PPD CONDITION
88 BUILDING DIVISION BUILDING BUCKET
Notes:

Prior to issuance of Building Permits, site grading final and pad certifications shall be submitted to the Building Division, which include elevation, orientation, and compaction. The certifications are required to be signed by the engineer of record. 15 of 17 ¿ CENTRALSQUARE
Printed: Wednesday, 10 April, 2024
Project Conditions
City of Rialto
4/10/2024 B12 PPD CONDITION
89 BUILDING DIVISION BUILDING BUCKET
Notes:

The applicant shall provide proof of payment to the Colton Joint Unified School District for all required school fees, prior to the issuance of a building permit.
4/10/2024 FD-OTHER PPD CONDITION
90 FIRE DEPARTMENT FIRE BUCKET
Notes:

The applicant shall comply with all applicable requirements of the California Fire Code and Chapter 15.28 (Fire Code) of the Rialto Municipal Code.

PD1 PPD CONDITION
91 4/10/2024

POLICE DEPARTMENT PLANNING BUCKET
Notes:

Lighting of pedestrian access areas. All walkways, passageways, and locations where pedestrians are likely to travel, shall be illuminated with a sumatay un on at us and une do it unite or dres. lite sal eise consected in sch a manes st 4/10/2024 PD2 PPD CONDITION
92 POLICE DEPARTMENT PLANNING BUCKET
Notes:

Lighting of vehicle access areas. All alleyways, driveways, and uncovered parking areas shall be illuminated with a minimum of 1.5-foot candles (at surface level) of light during the hours of darkness. Lighting shall be designed/constructed in such a manner as to automatically turn on at dusk and turn 4/10/2024 PD3 PPD CONDITION
93 POLICE DEPARTMENT PLANNING BUCKET
Notes:

Light fixtures and lighting hardware. All lighting fixtures and luminaries, including supports, poles and brackets, shall be designed/constructed in such a manner as to resist vandalism and/or destruction by hand. 4/10/2024 PD4 PPD CONDITION
94 POLICE DEPARTMENT PLANNING BUCKET
Notes:

Address shall be illuminated during hours of darkness and prominently placed to be both visible to the front of the location and if applicable, visible to the main street to which they are located (e.g. commercial building facing the interior of the property would require two address signs if located adjacent to a roadway).

PD5 PPD CONDITION
95 4/10/2024

POLICE DEPARTMENT PLANNING BUCKET
Notes:

Department via the internet through FUSUS hardware and application. For spec buildings it is conditioned that at time of occupancy the cameras shal Exterior security cameras shall be installed at the location and cover the entire property. The security cameras shall be accessible to the Rialto Police be installed, functional, and approved by the Rialto Police Department. 16 of 17 5) CENTRALSQUARE
Printed: Wednesday, 10 April, 2024
Project Conditions
City of Rialto
4/10/2024 PD6 PPD CONDITION
96 POLICE DEPARTMENT PLANNING BUCKET
Notes:

Knox boxes. (All that apply) The main gate, main doors to the building, and at least one rear door to each suite, shall have, immediately adjacent to destruct knob band and be thy rese safe the building. Knox boxes shal beguiled witch he aprepris to keys for ealise, tired location, prior to the first day of business.
97 4/10/2024 PD7 PPD CONDITION

POLICE DEPARTMENT PLANNING BUCKET
Notes:

Address prominently displayed on all building rooftops visible to aerial law enforcement or fire aircraft. Specifications to be followed for alphanumeric characters are as follows: Three (3) foot tall and six (6) inches thick alphanumeric characters. The alphanumeric characters shall be constructed in such a way that they are in stark contrast to the background to which they are attached (eg. white numbers and letters on a black background), and resistant weathering that would cause a degradation of the contrast. Suite numbers are required on all buildings with multiple suites and shall be located directly above the respective suites following the above listed guidelines." 98 4/10/2024 PD8 PPD CONDITION

POLICE DEPARTMENT PLANNING BUCKET
Notes:

Any rear door to the location, accessible by the public, shall be alarmed in such a way as to emit a continuous audible notification until reset by responsible personnel (e.g. alarmed exit device / crash bar). 99 4/10/2024 BL1 PPD CONDITION

BUSINESS LICENSE DIV PLANNING BUCKET
Notes:

The Developer or General Contractor shall identify each contractor and subcontractor hired to work at the job site on the Contractor Sublist form and return it to the Business License Division with a Business License application and the Business License tax fee based on the Contractors tax rate for each contractor listed on the form (see attached)
Printed: Wednesday, 10 April, 2024 17 of 17 C CENTRALSQUARE EXHIBIT "C"
EV Charging Center (10940 S Riverside)

OLAM S RIVERSIDE AVE 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:
environmental law, and nether e properly o be dedicated northe Delineates any 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.

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 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: 10/1/2025
Exhibit "C"
DEVELOPER*
By: Milf
*Proof of authorization for Developer's signatures is required to be submitted concurrently with this environmental warranty.

Exhibit "C"