Rialto City Council
April 28, 2026

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

CITY OF RIALTO
and
330 NORTH EUCALYPTUS LLC
Revised 7/14/25

PUBLIC IMPROVEMENT AGREEMENT BETWEEN

THE CITY OF RIALTO
AND
330 NORTH EUCALYPTUS LLC
March 03, 2026
Agreement Date:

Developer Name: 330 North Eucalyptus LLC (hereinafter "Developer") Project Name: Eucalyptus Self-Storage Project (hereinafter "Project") 330 North Eucalyptus Avenue
Estimated Total Cost of Improvements: $ _79,709.83
(Including Street Improvements, Storm Drain Improvements, ) Striping
Security:

Bond Nos.: 4479353
Surety: SureTec Insurance Company
-OR-
Irrevocable Standby Letter of Credit No.: n/a
Financial Institution: n/a
-OR-
Cash/Certificate of Deposit, Agreement Dated: n/a
Financial Institution: n/a
Designees for the Service of Written Notice:

CITY: DEVELOPER:

City Engineer Name: 330 North Eucalyptus LLC
City of Rialto Address: 10 Sycamore Canyon Drive
150 S. Palm Avenue Dove Canyon, CA 92679
Rialto, CA 92376 Phone: 949-357-9015
Phone: (909) 820-2602
CITY PROJECT INSPECTOR: SURETY:

City of Rialto Name: SureTec Insurance Company
Public Works Department Address: 2103 CityWest Blvd., Suite 1300 335 W. Rialto Avenue Houston, TX 77042
Rialto, CA 92376 Phone: 713-812-0800
Phone: (909) 421-7294
Construction Obligations 1

1.1 Works of Improvement. 1

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

1.3 Other Obligations Referenced in Conditions of Entitlement Approval 2

1.4 Intent of Plans. 2

1.5 RESERVED

1.6 Performance of Work 3

1.7 Changes in the Work 3

1.8 Defective Work 3

1.9 No Warranty by City. 3

1.10 Authority of the City Engineer 3

1.11 Documents Available at the Site.. 3

1.12 Inspection 3

1.13 Compliance with Law; Applicable Standards for Improvements 4

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

1.15 ...

1.16 Final Acceptance of Works of Improvement 4

1.17 Vesting of Ownership 5

1.18 Developer's Obligation to Warn Public during Construction 5

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

2.1 Commencement and Completion Dates 6

2.2 Phasing Requirements 6

2.3 Force Majeure. 6

2.4 Continuous Work 7

3. Labor 7

3.1 Labor Standards 7

3.2 Nondiscrimination.. 7

3.3 Licensed Contractors 7

3.4 Worker's Compensation 7

4. Security 7

4.1 Required Security 7

4.2 Form of Security Instruments 8

4.3 Developer's Liability 9

4.4 Letters of Credit 10

4.5 Release of Security Instruments. 10

5. Cost of Construction and Provision of Inspection Service 11

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

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

7. Warranty of Work ..11
Default 11

8.1 Default by Developer 11

8.2 Remedies. 12

8.3 Notice of Violation. 12

8.4 Remedies Not Exclusive.... 12

8.5 Attorney's Fees and Costs.. 13

8.6 Waiver. 13

9. Indemnity/Hold Harmless... 13

10. Developer's Indemnity of Project Approval. 14

11. Insurance Requirements 14

12. Environmental Warranty 18

13. General Provisions 19

13.1 Successors and Assigns. 19

13.2 No Third Party Beneficiaries 9

13.3 No Vesting Rights.. 9

13.4 Developer is Not Agent of City. 9

13.5 Time of the Essence

13.6 Notices. 20

13.7 No Apportionment 20

13.8 Severability 20

13.9 Captions 20

13.10 Incorporation of Recitals 20

13.11 Interpretation. 20

13.12 Entire Agreement; Waivers and Amendments. 20

13.13 Counterparts 20

14. Authority 20
IV

PUBLIC IMPROVEMENT AGREEMENT
THIS PUBLIC IMPROVEMENT AGREEMENT (this "Agreement") is entered into this 301 day of March, 2076, 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 330 North Eucalyptus LLC, a California LLC (Developer").

RECITALS
A Developer has presented to City for approval of Precise Plan of Design No. 2022- 0083 (the "Entitlements") in connection with a development of a 117,621-square foot climate- controlled indoor self-storage facility ("Project"), located in the City of Rialto, County of San Bernardino, State of California (the "Property"), as described on Exhibit "A", attached hereto and incorporated herein by reference.

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

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

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

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

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

1. Construction Obligations.

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 $79,709.83.

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 e City Engineer for ding the 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. 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.

4. 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"):
(i) A Security Instrument securing Developer's faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of $79,709.83 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 $79,709.83 equal to 100% of the estimated construction cost referenced in Section 1.1.

(iii) A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of $0.00 equal to 100% of the cost thereof.

This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. (b) Required 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 $7,970.99 equal to 10% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer.

4.2 Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney:
(a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's.
(b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Developer is in default under its payment or performance obligations hereunder or in the event Developer fails to deliver a replacement letter of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. (c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Developer's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments.

Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Rialto, State of California (and the Security Instrument shall so provide).

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

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

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

4.4 Letters of Credit.

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

by City in order to evidence the creation and perfection of City's security interest in such account.

4.5 Release of Security Instruments. The City shall release all Security Instruments as follows:
(a) City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred:

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

5. Cost of Construction and Provision of Inspection Service.

5.1 Developer Responsible for All Costs of Construction. Developer shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Developer is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject 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.

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

8. Default.

8.1 Default by Developer. Default by Developer shall include, but not be limited to:
(a) Developer's failure to timely commence construction of Works of Improvement under this Agreement;
(b) Developer's failure to timely complete construction of the Works of Improvement;
(c) Developer's failure to perform substantial construction work for a period for 20 consecutive calendar days after commencement of the work; (d) Developer's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Developer fails to discharge within 30 days;
(e) The commencement of a foreclosure action against the Project or a portion thereof, or 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.

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.

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 design.

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

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

Prior to commencement of work, the Developer shall file with the City's Risk Manager a Certificate of Insurance or certification of permission to self-insure workers' compensation conforming to the requirements of the Labor Code.
(d) Endorsements. All of the following endorsements are required to be made a part of each of the above-required policies as stipulated below:

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 respects the City of Rialto, its officials, officers, employees, agents and independent contractors. Any insurance or self- insurance maintained by the City of Rialto, its officials, officers, employees, agents and independent contractors shall be excess of the Developer's insurance and shall not contribute with it. This endorsement is not applicable to the Commercial Vehicle/ Automotive Liability Policy.

C. Waiver of Subrogation. Endorsements waiving all rights of subrogation against the City of Rialto, its officials, officers, employees, agents and independent contractors shall be provided. (ii) The Workers' Compensation policy shall be endorsed to waive all rights of subrogation against the City of Rialto, its officials, officers, employees, agents and independent contractors.
(e) Other Insurance Requirements. All policies required under this Agreement shall contain provisions stating that such policies cannot be canceled or reduced except on at least thirty (30) days' prior written notice to Developer ten (10) days' notice for cancellation due to non- payment). Developer further agrees to:

(i) provide to City copies of any notices relating to cancellation or reduction of insurance within two (2) days of receipt; and (ii) cause all certificates of insurance to include language indicating that the issuers or producers of such policies will endeavor to provide copies of any such notices directly to City.

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.
(i) 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.
) 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.

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

12.2 Developer shall give prompt written notice to City of:
(a) Any proceeding or investigation by any federal, state or local governmental (b) authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated.

(c) Any claims made or threatened by any third party against City or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and
(d) Developer's discovery of any occurrence or condition on any property adjoining or in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law.

13. General Provisions.

13.1 Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Developer's right, title, and interest in and to the Property and any portion thereof. Developer hereby consents to City recording this Agreement as official records 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 (I) party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into of this Agreement does not violate any provisions of any other Agreement to which said party is bound. [SIGNATURES ON NEXT PAGE]

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

CITY OF RIALTO, CALIFORNIA 330 NORTH EUCALYPTUS LLC
By:

Tanya Williams, City Manager
Manager

APPROVED BY THE CITY COUNCIL
Date:

Agreement No.:

ATTEST:

By:

Barbara A. McGee, City Clerk
APPROVED AS TO FORM:

By:

Eric S. Vail, City Attorney
RECOMMENDED:

By:

Name:

Title:

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

State of California.

County of Orange
on Marn 3, 2026 before me, D. Mulgeta, Notary Pubic
Here Insert Name and Title of the Office
personally appeared Guitherme J. Nascineto signers)
Who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is / are subscribed I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.

D. MULUGETA
NOTARY PUBLIC- CALIFORNIA D Сомм. # 2485545 WITNESS my hand and official seal.

SACRAMENTO COUNTY
MY CoM. EXP: MAR: 26, 2028 T
Signature
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): •I Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited •] General • Individual L Attorney in Fact • Individual LI Attorney in Fact LI Trustee • Guardian or Conservator • Trustee L Guardian or Conservator • Other: • Other:

Signer is Representing: Signer is Representing:

EXHIBIT "A"

LEGAL DESCRIPTION
See Attached.

Exhibit "A"
DOC #2024-0298962 Page 6 of 8
EXHIBIT "A"
LLA 2022-0015

LEGAL DESCRIPTION
PARCEL A:

PARCEL 3 OF PARCEL MAP NO. 14234, IN THE CITY OF RIALTO, SAN BERNARDINO COUNTY STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 181, PAGES 11 AND 12 OF PARCEL MAPS, RECORDS OF SAID COUNTY, TOGETHER WITH THE NORTH 100 FEET OF THE SOUTH 150 FEET OF THE EAST ONE-QUARTER OF LOT 67, ACCORDING TO MAP OF THE TOWN OF RIALTO, AND ADJOINING SUBDIVISION, AS PER MAP RECORDED IN BOOK 4, PAGE 11 OF MAPS, BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 3:

THENCE SOUTH 00'04'25" WEST 168.36 FEET ALONG THE EAST LINE OF SAID PARCEL 3, ALSO BEING THE WEST LINE OF EUCALYPTUS AVENUE, 32.00 FOOT HALF WIDTH, AS SHOWN ON SAID PARCEL MAP, TO A POINT ON THE NORTH LINE OF SAID NORTH 100 FEET OF THE SOUTH 150 FEET OF THE EAST ONE-QUARTER OF LOT 67;
THENCE SOUTH 8958'17" EAST 2.00 FEET ALONG SAID NORTH LINE TO THE EAST LINE OF SAID LOT 67;
THENCE SOUTH 00°04'25" WEST 100.00 FEET ALONG SAID EAST LINE OF LOT 67, BEING A LINE PARALLEL WITH AND DISTANT WESTERLY 30.00 FEET, MEASURED AT RIGHT ANGLES,

FROM THE CENTERLINE OF SAID EUCALYPTUS AVENUE, TO THE SOUTH LINE OF SAID NORTH 100 FEET OF THE SOUTH 150 FEET OF THE EAST ONE-QUARTER OF LOT 67; THENCE NORTH 89'58'17" WEST 2.00 FEET ALONG SAID SOUTH LINE TO SAID EAST LINE OF PARCEL 3;

ENCE SNO FEE ALONG LAST SAID EAST LINE TO THE MOS

JUIREASTERLY CORNER OF SAID PARCEL
THENCE ALONG THE SOUTH LINE OF SAID PARCEL 3 NORTH 89'58'17" WEST 455.34 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 3;
THE NOONEST CORN AS DAE ALONG THE WEST LINE OF SNO PARCEL 3 TO THENCE ALONG THE NORTH LINE OF SAID PARCEL 3 THE FOLLOWING FIVE COURSES;

1. SOUTH 89'59'07" EAST 157.00 FEET;

2. THENCE NORTH 00'03'36" EAST 20.00 FEET;

3. THENCE SOUTH 8959'07" EAST 100.00 FEET;

4. THENCE SOUTH 0003'36" WEST 10.87 FEET;
THENCE SOUTH 89'59'57" EAST 198.64 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 3 AND THE POINT OF BEGINNING.

AREA OF SAID PARCEL 144,820 SQUARE FEET / 3.325 ACRES.

PAGE 2 OF 3
DOC #2024-0298962 Page 7 of 8
EXHIBIT "A"
LLA 2022-0015

LEGAL DESCRIPTION

SUBJECT TO ALL EXISTING CONDTIONS, RESERVATIONS, RESTRICTIONS, EASEMENTS, OFFERS OF DEDICATIONS, RIGHTS AND RIGHTS OF WAY OF RECORD, IF ANY.

BEARINGS AND DISTANCES FOR THIS DESCRIPTION ARE RECORD PER PARCEL MAP NO. 14234, P.M.B. 181/11-12.

EXHIBI "B" ATTACHED HERETO AND MADE A PART HEREOF.

PREPARED UNDER MY SUPERVISION:
06/03/2024 No. 7848
DATE * Exp. 12/31/24 *
LICHAE ANARS 1215 202 JUST OF CALIFORNIA
PAGE 3 OF 3
EXHIBIT "B"

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

Exhibit "B"
1 RESOLUTION NO. 2023-96
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF RIALTO, CALIFORNIA APPROVING PRECISE PLAN
3 OF DESIGN NO.
2022-0083 ALLOWING THE
4 ESTABLISHMENT OF A 117,621-SQUARE-FOOT CLIMATE-

CONTROLLED INDOOR SELF-STORAGE FACILITY
5 LOCATED ALONG EUCALYPTUS AVENUE
APPROXIMATELY 284 FEET SOUTH OF FOOTHILL
6 BOULEVARD WITHIN THE COMMERCIAL-MIXED USE (C-
7 MU) ZONE OF THE FOOTHILL BOULEVARD SPECIFIC PLAN.
8 WHEREAS, the applicant, Laguna Canyon Group LLC, proposes to establish a 117,621 9 square foot climate-controlled indoor self-storage facility ("Project") located along Eucalyptus 10 Avenue approximately 284 feet south of Foothill Boulevard (APNs: 0131-061-06 and 0131-061-27) 11 within the Commercial-Mixed Use (C-MU) zone of the Foothill Boulevard Specific Plan("Site"); and 12 WHEREAS, the Project will consist of the construction of a non-habitable architectural 13 projection to create a prominent storefront for the proposed establishment of a climate-controlled 14 indoor self-storage facility at the Site; and
15 WHEREAS, Pursuant to Section 18.65.010 of the Rialto Municipal Code, the Project requires 16 a Precise Plan of Design, and the applicant has agreed to apply for a Precise Plan of Design No. 2022- 17 0083 ("PPD No. 2022-0083"); and
18 WHEREAS, in conjunction with the Project, the applicant submitted Conditional 19 Development Permit No. 2023-0001 ("CDP No. 2023-0001") to facilitate the establishment of a 20 117,621 square foot climate-controlled indoor self-storage facility at the Site; and 21 WHEREAS, on December 6, 2023, the Planning Commission of the City of Rialto 22 conducted a duly noticed public hearing, as required by law, on PPD No. 2022-0083 and CDP No. 23 2023-0001, took testimony, at which time it received input from staff, the city attorney, and the 24 applicant; heard public testimony; discussed the proposed PPD No. 2022-0083 and CDP No. 2023- 25 0001; and closed the public hearing; and
26 WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. 27 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rialto 28 as follows:
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1 SECTION 1. The Planning Commission hereby specifically finds that all of the facts set forth 2 in the recitals above of this Resolution are true and correct and incorporated herein. 3 SECTION 2. Based on substantial evidence presented to the Planning Commission during 4 the public hearing conducted with regard to PPD No. 2022-0083, including written staff reports, 5 verbal testimony, site plans, other documents, and the conditions of approval stated herein, the 6 Planning Commission hereby determines that PPD No. 2022-0083 satisfies the requirements of 7 Section 18.65.020E of the Rialto Municipal Code pertaining to the findings which must be made 8 precedent to granting a Precise Plan of Design. The findings are as follows:
9 The proposed development is in compliance with all city ordinances and regulations, 10 unless in accordance with an approved variance; and
11 This finding is supported by the following facts:
12 13 The Project, as conditioned herein, will comply with all City ordinances and regulations, including those required by the Foothill Boulevard Specific Plan. The Site has a General 14 Plan land use designation of General Commercial with a Specific Plan Overlay and a zoning designation of C-MU. Those designations allow for the establishment of a self- 15 storage facility and the modification of the exterior façade of an existing commercial 16 building, as proposed by the Project.
17 The site is physically suitable for the proposed development, and the proposed development will be arranged, designed, constructed, and maintained so that it will 18 not be unreasonably detrimental or injurious to property, improvements, or the health, safety or general welfare of the general public in the vicinity, or otherwise be inharmonious with the city's general plan and its objectives, zoning ordinances or any applicable specific plan and its objectives; and
21 This finding is supported by the following facts:
22 The site is currently undeveloped vegetive land that will support the operation of the 23 proposed self-storage facility. The Site is located and is bound on the east by Eucalyptus Avenue and on the north by Foothill Boulevard. To the north of the project site, are multi- 24 family units and three (3) multi-tenant commercial buildings, to the west there is the 25 Foothill Acacia Plaza with Stater Bro's, with additional multi-commercial tenants, to the east across the Eucalyptus Avenue is a multi-unit condominium, to the south are single- 26 family residences. The proposed self-storage facility is consistent with the C-MU zone and the surrounding land uses. The nearby area is predominantly zoned for and developed with 27 commercial uses, and as a result, there are no sensitive land uses near the project site. The 28 Project is not expected to negatively impact any uses with the successful implementation of the Conditions of Approval contained herein.
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The proposed development will not unreasonably interfere with the use or enjoyment 2 of neighboring property rights or endanger the peace, health, safety, or welfare of the general public; and
4 This finding is supported by the following facts:
5 The Project's effects will be minimized through the implementation of the Conditions of 6 Approval contained herein, and through the implementation of Conditions of Approval imposed by the Planning Commission on the Conditional Development Permit. The Site is 7 located and is bound on the east by Eucalyptus Avenue and on the north by Foothill 8 Boulevard. The Site is located and is bound on the east by Eucalyptus Avenue and on the north by Foothill Boulevard. To the north of the project site, are multi-family units and three 9 (3) multi-tenant commercial buildings, to the west there is the Foothill Acacia Plaza with Stater Bro's, with additional multi-commercial tenants, to the east across the Eucalyptus 10 Avenue is a multi-unit condominium, to the south are single-tamily residences. The proposed 11 self-storage facility is consistent with the C-MU zone and the surrounding land uses. The proposed self-storage facility is consistent with the C-MU zone and the surrounding land uses. 12 The nearby area is predominantly zoned for and developed with commercial uses, and as a result, there are no sensitive land uses near the project site. The Project is not expected to 13 negatively impact any uses with the successful implementation of the Conditions of Approval 14 contained herein.
15 4. The proposed development will not substantially interfere with the orderly or planned development of the City of Rialto.
16 17 This finding is supported by the following facts:
18 The Project is consistent with the Commercial-Mixed Use (C-MU) zone and is a logical and 19 consistent modification to the existing commercial building on the Site. The City staff have reviewed the design of the Project to ensure compliance with all health, safety, and design 20 requirements.
21 SECTION 3. The project is categorically exempt from the requirements of the California 22 Environmental Quality Act (CEQA), pursuant to Section 15301, Existing Facilities. The Planning 23 Commission directs the Planning Division to file the necessary documentation with the Clerk of the 24 Board of Supervisors for San Bernardino County.
25 26 SECTION 4. The Planning Commission hereby approves PPD No. 2022-0083, in 27 conjunction with CDP No. 2023-0001, to allow the modification of the exterior façade of an existing 28 commercial building located along Eucalyptus Avenue approximately 284 feet south of Foothill -3-
1 Boulevard (APNs: 0131-061-06 and 0131-061-27) within the Commercial-Mixed Use (C-MU) zone 2 of the Foothill Boulevard Specific Plan, in accordance with the plans and application on file with the 3 Planning Division, subject to the following Conditions of Approval:
4 5 PPD No. 2022-0083 is approved to establish a 117,621 square foot climate-controlled indoor self-storage facility located along Eucalyptus Avenue approximately 284 feet 6 south of Foothill Boulevard (APNs: 0131-061-06 and 0131-061-27) within the Commercial-Mixed Use (C-MU) zone of the Foothill Boulevard Specific Plan, subject 7 to the Conditions of Approval contained herein.
8 2. The approval of PPD No. 2022-0083 is granted for a one (1) year period from the date 9 of approval. Approval of PPD No. 2022-0083 will not become effective until the applicant has signed a Statement of Acceptance acknowledging awareness and 10 acceptance of the required Conditions of Approval contained herein. Any request for = an extension shall be reviewed by the Community Development Director and shall be based on the progress that has taken place toward the development of the project. 13 The construction associated with PPD No. 2022-0083 shall conform to the project plans attached as Exhibit A, except as may be required to be modified based on the Conditions 14 of Approval contained herein.
15 The construction associated with PPD No. 2022-0083 shall comply with all Conditions 16 of Approval contained within CDP No. 2023-0001.
17 The construction associated with PPD No. 2022-0083 shall comply with all applicable sections of the Foothill Boulevard Specific Plan, the Rialto Municipal Code, and all other applicable State and local laws and ordinances.
19 6. City inspectors shall have access to the site to reasonably inspect the site during normal working hours to assure compliance with these conditions and other codes. 21 The applicant shall indemnify, protect, defend, and hold harmless, the City of Rialto, 22 and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (collectively, the "City Parties"), from any and all claims, 23 demands, law suits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative 24 dispute resolutions procedures (including, but not limited to arbitrations, mediations, 25 and other such procedures), (collectively "Actions"), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and 26 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 27 its officials, officers, employees, agents, departments, agencies, and instrumentalities 28 thereof (including actions approved by the voters of the City), for or concerning the Project (collectively, the "Entitlements"), whether such Actions are brought under -4-
1 the California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure Chapter 1085 or 1094.5, the 2 California Public Records Act, or any other state, federal, or local statute, law, 3 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 4 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 5 connection with such proceeding whether incurred by applicant, Property owner, or 6 the City and/or other parties initiating or bringing such proceeding (collectively, subparts (i) and (ii) are the "Damages"). Notwithstanding anything to the contrary 7 contained herein, the Applicant shall not be liable to the City Parties under this 8 indemnity to the extent the Damages incurred by any of the City Parties in such Action(s) are a result of the City Parties' fraud, intentional misconduct or gross 9 negligence in connection with issuing the Entitlements. The applicant shall execute an agreement to indemnify, protect, defend, and hold the City harmless as stated 10 herein within five (5) days of approval of PPD No. 2022-0083. 11 8. In accordance with the provisions of Government Code Section 66020(d)(1), the 12 imposition of tees, dedications, reservations, or exactions for this Project, it any, are subject to protest by the applicant at the time of approval or conditional approval of 13 the Project or within 90 days after the date of the imposition of the fees, dedications, 14 reservations, or exactions imposed on the Project.
15 Approval of PPD No. 2022-0083 will not be valid until such time that the Planning Commission has approved CDP No. CDP No. 2023-0001, which was prepared in 16 conjunction with the Project.
17 10. In order to provide enhanced building design in accordance with Chapter 18.61 (Design 18 Gudelines) of the Rialto Municipal Code, the applicant shall construct parapet returns, 19 at least five (5) feet in depth from the main wall plane, on both sides of the proposed architectural projection. The parapet returns shall be demonstrated on the roof plan 20 within the formal building plan check submittal prior to the issuance of a building permit.
21 22 11. The applicant shall submit a formal Landscape Plan to the Planning Division prior to the issuance of a building permit. The submittal shall include three (3) sets of planting 23 and irrigation plans, a completed Landscape Plan Review application, and the applicable review fee.
24 25 12. The applicant shall plant trees, shrubs, and groundcover throughout each new landscape planter on-site. One (1) tree shall be planted within each planter, and all shrubs and 26 groundcover shall be planted an average of three (3) feet on-center or less. All trees shall be a minimum of fifteen (15) gallons in size upon initial planting, unless otherwise 27 specified herein. At least fifly (50) percent of the trees shall consist of evergreen 28 broadleaf trees, while the remaining percentage may consist of broadleaf deciduous trees and/or palm trees. All shrubs shall be a minimum of one (1) gallon in size, unless -5-
1 otherwise specified herein. All planter areas shall receive a minimum two (2) inch thick layer ot brown bark, organic mulch, and/or decorative rock upon initial planting. Pea 2 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 3 and irrigation shall be identified on the formal Landscape Plan submittal prior to the 4 issuance of a landscape permit.
5 13. The applicant shall comply with all conditions of approval for PPD No. 2022-0083 to 6 the satisfaction of the City Engineer, prior to the issuance of a Certificate of Occupancy. 7 14. The applicant shall remove any graffiti within 24 hours, before, during, and post construction. Methods used to remove or cover the graffiti such as new paint and sand 8 blasting shall assure to completely match the building, wall, etc. 9 15. Upon approval of any improvement plan by the City Engineer, the applicant shall 10 provide the improvement plan to the City in digital format, consisting of a DWG 11 (AutoCAD drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat) formats. Variation of the type and format of the digital data to be 12 submitted to the City may be authorized, upon prior approval by the City Engineer. 13 16. The applicant shall pay all applicable development impact fees in accordance with the 14 current City of Rialto fee ordinance, prior to the issuance of any building permit related to the Project.
15 17. A City of Rialto Off-site Construction Permit is required for any improvements within 16 the public right-of-way. In an effort to expedite and facilitate improvements in the public 17 right-of-way, the applicant is responsible for submitting a multi-phase master plan traffic control plan which includes all phases of construction in the public right-of-way 18 i.e. sewer, water, overhead, underground, etc. prior to the issuance of Off-Site Construction Permit/Encroachment Permit. Note, in an effort to simplify the permitting 19 process, a single master Off-Site Construction Permit shall replace individual 20 Encroachment Permits to be pulled by the applicant's contractor. 21 18. The applicant shall submit a Precise Grading/Paving Plan prepared by a California registered civil engineer to the Engineering Services Department for review and 22 approval. The Grading Plan shall be approved by the City Engineer prior to the issuance 23 of an off-site construction (grading) permit or building permits, whichever occurs first. 24 19. Prior to issuance of a building permit or off-site construction permit, the applicant may be required to enter into a Public Improvement Agreement (PIA) with the City and 25 furnish security (i.e. surety bonds, letter of credit, or cash) in amounts determined by the 26 27 20. The applicant shall submit a Precise Grading/Paving Plan prepared by a California 28 registered civil engineer to the Engineering Services Department for review and -6-
1 approval. The Grading Plan shall be approved by the City Engineer prior to the issuance of an off-site construction (grading) permit or building permits, whichever occurs first. 2 3 21. The applicant shall submit a Geotechnical/Soils Report, prepared by a California registered Geotechnical Engineer, for and incorporated as an integral part of the grading plan for the proposed development. The report shall include a section on infiltration testing. A digital copy (PDF) of the Geotechnical/Soils Report shall be submitted to the 5 Engineering Services Department with the first submittal of the Precise Grading Plan. 6 22. The applicant shall submit street improvement plans by a registered California civil 7 engineer to the Engineering Services Department for review. The street improvement 8 plans shall be approved concurrently with any streetlight, landscape and irrigation, and traffic signal plans unless otherwise approved by the City Engineer. Additionally, the 9 street improvement plans shall be approved by the City Engineer prior to issuance of any building permits.
10 23. The applicant shall submit traffic striping and signage improvement plans prepared by a registered California civil engineer or registered California Traffic Engineer to the 12 Engineering Services Department for review. All required traffic striping and signage improvements shall be completed concurrently with required street improvements, to 13 the satisfaction of the City Engineer, and prior to issuance of a building permit. 14 Approved traffic striping and signage plans must include required Class III Bicycle Facilities as referenced on Exhibit 4.4 - Bicycle Routes of the Circulation Chapter of 15 the General Plan.
16 24.

The applicant shall submit sewer improvement plans for public sewer main(s) by a 17 registered California civil engineer to the Engineering Services Department for review.

The plans shall be approved by the City Engineer prior to the issuance of an off-site 18 construction permit or building permits, whichever occurs first. 19 25. The applicant shall apply for annexation of the underlying property into City of Rialto 20 Landscape and Lighting Maintenance District No. 2 ("LLMD 2), prior to grading permit issuance. An application fee of $5,000 shall be paid at the time of application. 21 Annexation into LLMD 2 is a condition of acceptance of any new median, landscape easement, and/or parkway landscaping in the public right-of-way, or any new public street lighting improvements conditioned on the project and to be maintained by the City 23 of Rialto post construction.
24 26. The applicant shall submit off-site landscaping and irrigation system improvement plans for review and approval concurrently with street improvement plan submittal to the 25 Public Works Department. The median irrigation system, parkway irrigation system, 26 and applicable Specific Plan required landscape easement irrigation system shall be 27 28
must show a separate electrical meter, water meter, and water (irrigation) lateral to be -7-
1 annexed into LLMD2 via a City Council public hearing process. Use of an existing LLMD2 water meter and electrical pedestal is encouraged. The Landscape and 2 Irrigation plans shall be approved concurrently with the Street Improvement plans, 3 including the median portion, applicable easement portion, and/or parkway portion, prior to issuance of a building permit. The landscaping architect must contact the City 4 of Rialto Landscape Contract Specialist at (909) 820-2602 to ensure all landscape and irrigation guidelines are met prior to plan approval. Electrical and water irrigation meter 5 pedestals must not be designed to be installed at or near street intersections or within a 6 raised median to avoid burdensome traffic control set-up during ongoing maintenance.

The off-site Landscape and Irrigation plans shall be designed in accordance with the 7 Public Works Landscape Maintenance District Guidelines. 8 The applicant must complete the LLMD2 annexation process, prior to the issuance of a Certificate of Occupancy. Due to the required City Council Public Hearing action, the annexation process takes months and as such the developer is advised to apply for 10 Special District annexation as early-on in the in the process to avoid any delays with 11 occupancy approval.
12 28. If the property is accepted in the LLMD, the applicant shall guarantee all new parkway landscaping irrigation for a period of one (1) year from the date of the City Engineer 13 acceptance. Any landscaping that fails during the one-year landscape maintenance 14 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. 15 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 16 maintenance.
17 29. The applicant shall install City Engineer approved deep root barriers, in accordance with 18 the Public Works Landscape and Irrigation Guidelines, for all trees installed within ten (10) feet of the public sidewalk and/or curb.
19 20 30. All new streetlights shall be installed on an independently metered, City-owned underground electrical system. Using power from an existing LLMD 2 pedestal is encouraged over installing a new pedestal. The developer shall be responsible for applying with Southern California Edison (SCE) for all appropriate service points and 22 electrical meters early in the design process to avoid delays in other key milestones. 23 New meter pedestals shall be installed, and electrical service paid by the developer. The City shall not pay the charges for electrical service until the landscape and irrigation is 24 accepted after the one-year maintenance period and the underlying property is annexed into LLMD 2.
25 26 31. The applicant shall construct asphalt concrete paving for streets in two separate lifts.

The final lift of asphalt concrete pavement shall be postponed until such time that on- site construction activities are complete. Unless the City Engineer provides prior 28 authorization, paving of streets in one lift prior to completion of on-site construction is not allowed. If City Engineer authorized, completion of asphalt concrete paving for -8-
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1 streets prior to completion of on-site construction activities, requires additional paving requirements prior to acceptance of the street improvements, including, but not limited 2 to: removal and replacement of damaged asphalt concrete pavement, overlay, slurry 3 seal, or other repairs.
4 32. The applicant shall repair all street cuts for utilities in accordance with City Standard SC-231 within 72 hours of completion of the utility work; and any interim trench repairs 5 shall consist of compacted backfill to the bottom of the pavement structural section 6 followed by placement of standard base course material in accordance with the Standard Specifications for Public Work Construction ("Greenbook"). The base course material 7 shall be placed the full height of the structural section to be flush with the existing pavement surface and provide a smooth pavement surface until permanent cap paving 8 occurs using an acceptable surface course material.
9 In accordance with City Ordinance No. 1589, adopted to preserve newly paved streets, 10 any and all street and/or trench cuts in newly paved streets will be subject to moratorium 11 street repair standards as reference in Section 11.04.145 of the Rialto Municipal Code.

Contact the Engineering Division for a list of streets subject to the moratorium. 12 34. The applicant shall backfill and/or repair all utility trenches or other excavations within 13 existing asphalt concrete pavement of off-site streets resulting from the proposed 14 development, in accordance with City of Rialto Standard Drawings. The applicant shall be responsible for removing, grinding, paving and/or overlaying existing asphalt 15 concrete pavement of off-site streets including pavement repairs in addition to pavement repairs made by utility companies for utilities installed for the benefit of the proposed 16 development (i.e. Rialto Water Services, Souther California Edison, Southern 17 California Gas Company, Spectrum, Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets resulting 18 from the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The 19 pavement condition of the existing off-site streets shall be returned to a condition equal 20 to or better than what existed prior to construction of the proposed development. 21 35. 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 and overhead service 22 drop conductors, and all telephone, television cable service, and similar service wires or 23 lines, which are on-site, abutting, and/or transecting, shall be installed underground.

Utility undergrounding shall extend to the nearest off-site power pole. This may require 24 indergrounding beyond the project limits to prevent any existing poles to remain or ner oles to be placed for guy wire purposes along the project frontage. No new powe 25 poles shall be installed unless otherwise approved by the City Engineer. A letter from 26 the owners of the affected utilities shall be submitted to the City Engineer prior to approval of the Grading Plan, informing the City that they have been notified of the 27 City's utility undergrounding requirement and their intent to commence design of utility 28 undergrounding plans. When available, the utility undergrounding plan shall be -9-
1 submitted to the City Engineer identifying all above ground facilities in the area of the project to be undergrounded.
2 3 36. The applicant shall replace all damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and streetlights, associated with the proposed 4 development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy.
5 6 37. The applicant shall provide construction signage, lighting and barricading shall be provided during all phases of construction as required by City Standards or as directed 7 by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with Part 6 "Temporary Traffic Control" of the 2014 California 8 Manual on Uniform Traffic Control Devices, or subsequent editions in force at the time 9 of construction
10 38. The public street improvements outlined in these conditions of approval are intended to 11 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 12 determined during the review and approval of street improvement plans required by these conditions.
13 14 39. The applicant shall construct 4-inch conduit within the parkway area along the entire project frontage of Eucalyptus Avenue, prior to the issuance of a Certificate of 15 Occupancy.
16 40. The applicant shall install "No Stopping Anytime" R26A(S)(CA) signage along the 17 entire project frontage of Eucalyptus Avenue, as required by the City Engineer, prior to the issuance of a Certificate of Occupancy.
18 41. Prior to building permit issuance, the applicant shall dedicate additional right-of-way 19 along the entire frontage of Eucalyptus Avenue, as necessary, to provide the ultimate 20 half-width of 32 feet, as required by the City Engineer. 21 42. Prior to building permit issuance, the applicant shall dedicate additional right-of-way as may be required for the reconstruction of two commercial driveway approaches, as 22 required by the City Engineer.
23 43. The applicant shall remove and replace the 8-inch curb and gutter along the entire 24 frontage of Eucalyptus Avenue twenty (20) feet west of centerline in accordance with City of Rialto Standard Drawings and the General Plan or applicable Specific Plan, prior 25 to the issuance of a Certificate of Occupancy.
26 44. The applicant shall remove the existing sidewalk along the frontage of Eucalyptus 27 Avenue and replace with a 5.5-foot-wide Americans with Disabilities Act (ADA) and California Building Code (CBC) compliant sidewalk adjacent to the curb along the 28 -10-
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1 entire project frontage of Eucalyptus Avenue, in accordance with City of Rialto Standard Drawings, prior to the issuance of a Certificate of Occupancy. 2 3 Eucalyptus Avenue: Prior to occupancy release, remove existing pavement from curb to curb and construct new pavement with a minimum pavement section of 4 inches 4 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 5 street frontage in accordance with City of Rialto Standard Drawings. The pavement 6 section shall be determined using a Traffic Index ("TT') of 10. The pavement section shall be designed by a California registered Geotechnical Engineer using "R" values 7 from pavement core samples and submitted to the City Engineer for approval. 8 Alternatively, depending on the existing street condition and as approved by the City Engineer, a street overlay, slurry seal, or other repair may be performed to preserve existing pavement structural sections in accordance with current City Standards. 10 46. The applicant shall remove and replace the two (2) existing driveway approaches 11 connected to Eucalyptus Avenue, in accordance with City of Rialto Standard Drawing No. SC-214. The driveway approaches shall be constructed so the top of "X" is at least 12 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 13 inches in height required to maintain an appropriate corner sight distance. If necessary, 14 additional right of way shall be dedicated on-site to construct a path of travel meeting ADA guidelines for the public.
15 47. If and where deficiencies in the existing system occur, the applicant shall construct a 16 new underground electrical system for public street lighting improvements along the 17 project frontage of Eucalyptus Avenue, as determined necessary by the City Engineer.

New marbelite street light poles with LED light fixtures shall be installed in accordance 18 with City of Rialto Standard Drawings SL-300, 301 & 302 and as approved by the City 19 Engineer. Provide 2" conduit and pull boxes along the opposite side of the street for continuation of the street light system for future built out. 20 48. The minimum pavement section for all on-site pavements shall be 2% inches asphalt 21 concrete pavement over 4 inches crushed aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is 22 proposed, the proposed pavement section shall be designed by a California registered 23 Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval.
24 25 49. The applicant shall provide a rough grade (pad) certification, engineered-fill certification, and compaction report for all building pads, in conformance with the 26 pproved Precise Grading Plan, to the Engineering Division prior to construction of an uilding foundation and prior to the issuance of a building permi 27 28 The applicant shall submit a Water Quality Management Plan identifying site specific Best Management Practices ("BMPs") in accordance with the Model Water Quality -11-
1 Management Plan (WQMP") approved for use for the Santa Ana River Watershed.

The site specific WOMP shall be submitted to the City Engineer for review and approval 2 with the Precise Grading Plan. A WQMP Maintenance Agreement shall be required, 3 obligating the property owners) to appropriate operation and maintenance obligations of on-site BMPs constructed pursuant to the approved WQMP. The WQMP and 4 Maintenance Agreement shall be approved prior to issuance of a building permit, unless otherwise allowed by the City Engineer. The development of the Site is subject to the 5 requirements of the National Pollution Discharge Elimination System (NDES) Permit 6 for the City of Rialto, issued by the Santa Ana Regional Water Quality Control Board, Board Order No. R8-2010-0036. Pursuant to the NDES Permit, the Applicant shall 7 ensure development of the site incorporates post-construction Best Management Practices ("BMPs") in accordance with the Model Water Quality Management Plan 8 ("WQMP") approved for use for the Santa Ana River Watershed. The Applicant is advised that applicable Site Design BMPs will be required to be incorporated into the final site design, pursuant to a site specific WQMP submitted to the City Engineer for 10 review and approval.
11 51. The applicant shall prepare a Notice of Intent (NOD) to comply with the California 12 General Construction Stormwater Permit (Water Quality Order 2009-0009-DWQ as modified September 2, 2009) is required via the California Regional Water Quality 13 Control Board online SMARTS system. A copy of the executed letter issuing a Waste 14 Discharge Identification (WDID) number shall be provided to the City Engineer prior to issuance of a grading or building permit. The applicant's contractor shall prepare and 15 maintain a Storm Water Pollution Prevention Plan ("SWPPP") as required by the General Construction Permit. All appropriate measures to prevent erosion and water 16 pollution during construction shall be implemented as required by the SWPPP. 17 Prior to issuance of a certificate of occupancy or final City approvals, the applicant shall 18 demonstrate and submit a WOMP BMP certification that all structural BMP's have been constructed and installed in conformance with approved plans and specifications, and 19 as identified in the approved WQMP.
20 The applicant shall connect the project to the City of Rialto sewer system and apply for

53. 21 a sewer connection account with Rialto Water Services. 22 54. The applicant is advised that domestic water service is provided by Rialto Water 23 Services. The developer shall be responsible for coordinating with Rialto Water Services and complying with all requirements for establishing domestic water service 24 to the property.
25 The applicant shall install a new domestic water line lateral connection to the main water 26 line within Eucalyptus Avenue, pursuant to the Rialto Water Services requirements. A water line plan shall be approved by Rialto Water Services prior to the issuance of building permits.
28 -12-
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1 56. The applicant shall provide certification from Rialto Water Services that demonstrates 2 that ali water and a Certiate seric acon of fith meet an aperve From to 3 Engineering Services Department.
4 57, Prior to commencing with any grading, the applicant shall implement the required erosion and dust control measures shall be in place. In addition, the following shall be 5 included if not already identified:
6 a. 6-foot-high tan colored perimeter screened fencing 7 8 b. Contractor information signage including contact information along the street frontages of Eucalyptus Avenue
9 c. Post dust control signage with the following verbiage: "Project Name, WDID No., 10 IF YOU SEE DUST COMING FROM THIS PROJECT CALL: NAME (XXX) 11 XXX-XXX, If you do not receive a response, please call the AQMD at 1-800- CUT-SMOG/1-800-228-7664"
12 All stormwater runoff passing through the site shall be accepted and conveyed across 13 the property in a manner acceptable to the City Engineer. For all stormwater runoff 14 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 15 development of the property. Provide a hydrology study, prepared by a Civil Engineer, to determine the volume of increased stormwater runoff due to development of the site, 16 and to determine required stormwater runoff mitigation measures for the proposed 17 development. Final retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the 18 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 19 stormwater runoff to retain on-site shall be determined by comparing the existing "pre- 20 developed" condition and proposed "developed" condition, using the 100-year frequency storm. Infiltration of stormwater in the developed condition analysis shall be 21 considered negligible. All on-site and off-site designs must comply with Federal 22 (NPDES), State, Regional, and City stormwater regulations. 23 59. 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 24 entering adjacent public streets from the project site shall be provided through the use 25 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 26 streets through parkway or under sidewalk drains. All on-site and off-site designs must comply with NPDES stormwater regulations.
27 28 60. The applicant shall submit civil engineering design plans, reports and/or documents, prepared by a registered/licensed civil engineer, for review and approval by the City -13-
1 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 2 following:
3 a. PRECISE GRADE W/ EROSION CONTROL PLAN (prior to grading permit 4 issuance)
b. PUBLIC IMPROVEMENT PLANS: Street Improvement, Signing and Striping, 5 Sewer and Water, Street Light, Landscape and Irrigation. (off-site construction 6 permit issuance)
c. FINAL DRAINAGE STUDY (prior to grading plan approval) d. FINAL WOMP (prior to grading plan approval)
e. LEGAL DOCUMENTS: dedication along Eucalyptus Avenue, Public 8 Improvement Agreement (PIA), bonds (e.g. (prior to building permit Issuance) f. AS-BUILT/RECORD DRAWINGS for all plans (prior to occupancy release) 10 61. The applicant shall submit a Building Permit application for the proposed tenant improvement and all required fees and documentation to the Building Division, prior to the issuance of a building permit.
12 62. The applicant shall submit full architectural and structural plans with all mechanical, 13 electrical, and plumbing plans, structural calculations, truss calculations and layout, 14 rough grading plans approved by Engineering Services Department, Water Quality Management Plan, Erosion Control Plan, Stormwater Pollution Prevention Plan, and 15 Title 24 Energy Calculations to the Building Division for plan check and review, prior to the issuance of building permits.
16 17 63. The applicant shall provide a Scope of Work on the title page of the architectural plan set. The Scope of Work shall call out all work to be permitted (ex. Main structure, 18 perimeter walls, trash enclosure, etc.).
19 The applicant shall design the structures in accordance with the 2022 California 20 Building Code, 2022 California Mechanical Code, 2022 California Plumbing Code, and the 2022 California Electrical Code, 2022 Residential Code and the 2022 California 21 Green Buildings Standards adopted by the State of California. 22 65. The applicant shall design the structures to withstand the ultimate wind speed of 130 23 miles per hour, exposure C, and seismic zone D.
24 66. The applicant shall obtain an Electrical Permit from the Building Division for any 25 26
fencing around the area where the electrical power will be located. 27 28
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1 67. The applicant shall install temporary construction fencing and screening around the 2 perimeter of the project site, as required by the Building Official. The fencing and screening shall be maintained at all times during construction to protect pedestrians. 3 68. The applicant shall install any temporary construction trailers on private property. No 4 trailers are allowed to be located within the public right-of-way. The trailer(s) shall be removed prior to the issuance of a Certificate of Occupancy. 5 6 69. 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 7 enclosure. Paths of travel shall incorporate (but not limited to) exterior stairs, landings, 8 walks and sidewalks, pedestrian ramps, curb ramps, warning curbs, detectable warning, signage, gates, lifts and walking surface materials, as necessary. The accessible route(s) 9 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 10 site, California Building Code, (CBC) Chapter 11, Sec, 11A and 11B. 11 Prior to issuance of a Building Permit all of the following must be in place on the Site:
12 a portable toilet with hand wash station, all BMP's, fencing and signage on each adjacent street saying "If there is any dust or debris coming from this site please contact 13 (superintendent number here) or the AQMD if the problem is not being resolved" or 14 something similar to this.
15 71. Prior to issuance of a Building Permit all of the following must be in place on the Site:
16 a portable toilet with a hand wash station, temporary construction fencing, and signage on each adjacent street saying "If there is any dust or debris coming from this site please 17 contact (superintendent number here) or the AQMD if the problem is not being resolved" or something similar to this.
18 19 72. The applicant shall provide temporary toilet facilities for the construction workers. The toilet facilities shall always be maintained in a sanitary condition. The construction of 20 toilet facilities of the non-sewer type shall conform to ANSI ZA.3. 21 73. The applicant shall underground all on site utilities to the new proposed structure, prior to the issuance of a Certificate of Occupancy, unless prior approval has been obtained 22 by the utility company or the City.
23 74. Prior to issuance of Building Permits, site grading final and pad certifications shall be 24 submitted to the Building Division and Engineering Services Department, which include elevation, orientation, and compaction. The certifications are required to be 25 signed by the engincer of record.
26 75. The applicant shall provide proof of payment to the Rialto Unified School District for 27 all required school fees, prior to the issuance of a building permit. 28 -15-
1 76. Site facilities such as parking open or covered, recreation facilities, and trash dumpster areas, and common use areas shall be accessible per the California Building Code, 2 Chapter 11.
3 4 77. The ding plan chail lace a tol se of to i conde the oD noval on the mi i in ta comer cover page in 20 point bold, prior to the issuance of a building permit. 5 6 78. The applicant shall ensure that a minimum of 65% of all construction and demo debris shall be recycled using an approved City of Rialto recycling facility during construction. 7 Copies of receipts for recycling shall be provided to the City Inspector and a copy shall 8 be placed in the office of the construction site.

79. Prior to issuance of Building Permits, on site water service shall be installed and approved by the responsible agency. On site fire hydrants shall be approved by the Fire 10 Department. No flammable materials will be allowed on the site until the fire hydrants 11 are established and approved.
12 80. The applicant shall comply with all applicable requirements of the California Fire Code and Chapter 15.28 (Fire Code) of the Rialto Municipal Code. 13 14 81. The applicant shall illuminate all walkways, passageways, and locations where pedestrians are likely to travel with a minimum of 1.5-foot candles (at surface level) of 15 light during the hours of darkness. Lighting shall be designed/constructed in such a manner as to automatically turn on at dusk and turn off at dawn. 16 17 82. The applicant shall illuminate all alleyways, driveways, and uncovered parking areas with a minimum of 1.5-foot candles (at surface level) of light during the hours of 18 darkness. Lighting shall be designed/constructed in such a manner as to automatically turn on at dusk and turn off at dawn.
20 83. The applicant shall design/construct all lighting fixtures and luminaries, including 21 su port; poles and brackets, in such a mamier as to resis vandalism andor destruction 22 84. The applicant shall provide an illuminated channel letter address prominently placed on 23 the building to be visible to the front of the location and if applicable, visible from the main street to which they are located (e.g. commercial building facing the interior of the 24 property would require two address signs if located adjacent to a roadway), prior to the 25 issuance of a Certificate of Occupancy.
26 85. At the discretion of the Rialto Police Department, the applicant shall install exterior security cameras at the location that cover the entire Site, prior to the issuance of a 27 Certificate of Occupancy. The security cameras shall be accessible to the Rialto Police Department via FusionONE web application.
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1 The applicant shall install Knox boxes immediately adjacent to the main entrance of the 2 building and at least one (1) rear entrance on the building. The Knox boxes shall be installed in such a manner as to be alarmed, resist vandalism, removal, or destruction by hand, and be fully recessed into the building. The Knox boxes shall be equipped with the appropriate keys, for each required location, prior to the first day of business. The 4 Knox-Box placement shall be shown on the formal building plan review submittal prior 5 to the issuance of a building permit.
6 87. The applicant shall prominently display the address on the building rooftop to be visible to aerial law enforcement or fire aircraft. Specifications to be followed for alphanumeric 7 characters are as follows: Three (3) foot tall and six (6) inches thick alphanumeric 8 characters. The alphanumeric characters shall be constructed in such a way that they are in stark contrast to the background to which they are attached (e.g. white numbers and 9 letters on a black background), and resistant weathering that would cause a degradation of the contrast.
10 = 88. The applicant shall provide an audible burglar alarm within the building, prior to the issuance of a Certificate of Occupancy. The building shall be alarmed in such a way as 12 to emit a continuous audible notification until reset by responsible personnel (eg. alarmed exit device / crash bar).
13 14 89. The applicant or General Contractor shall identify each contractor and subcontractor hired to work at the job site on a Contractor Sublist form and return it to the Business 15 License Division with a Business License application and the Business License tax fee based on the Contractors tax rate for each contractor.
16 17 SECTION 5. The Chairman of the Planning Commission shall sign the passage and 18 adoption of this resolution and thereupon the same shall take effect and be in force. 19 PASSED, APPROVED, AND ADOPTED this 6th day of December. 2023. 20 22

JERRY GUTIERREZ, CHAIR
23 CITY OF RIALTO PLANNING COMMISSION
24 25
26 27
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1 STATE OF CALIFORNIA )
2 COUNTY OF SAN BERNARDINO ) sS
3 CITY OF RIALTO )
4 5 I, Heidy Gonzalez, Administrative Assistant of the City of Rialto, do hereby certify that the 6 foregoing Resolution No. 2023-96 was duly passed and adopted at a regular meeting of the Planning Commission of the City of Rialto held on the 6" day of December 2023. 8 Upon motion of Commissioner Dale Estvander, second by Commissioner Frank Gonzalez, 9 foregoing Resolution No. 2023-96 was duly passed and adopted. 10 11 Vote on the motion:
12 AYES: 4 (Gutierrez, Peukert, Estvander, Gonzalez)
13 NOES: 0
14 ABSTENTION: 0
15 ABSENT: 0
16 17 IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of 18 Rialto this 6th day of December 2023.
19 20
21 Heidy Gonzalez
22 Administrative Assistant
23 24
25 26
27 28
EXHIBIT "C"

EUCALYPTUS SELF-STORAGE PROJECT
330 NORTH EUCALYPTUS LLC
(DEVELOPER)

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

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

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

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

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

5. All persons executing this warranty hereby represent and warrant to the City of Rialto, and Developer hereby represents and warrants, that the signators hereto have the legal power, right and authority to execute this warranty on behalf of the Developer and that the signators hereto have sufficient knowledge or expertise, either personally, Exhibit "C"
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.

Narah 03, 2006
Dated:
330 North Eucalyptus LLC
Guitherme J Nasc
*Proof of authorization for Developer's signatures is required to be submitted concurrently with this environmental warranty.

Exhibit "C"