Agenda — Adelanto City Council, February 23, 2022 (part 2 of 2)

Date
Effluent WEEKLY Influent
197
TN D.O. EC Temp TN D.O. EC Temp TN D.O. EC Temp
mg/l mg/L umho/cm C mg/l mg/L umho/cm C mg/l mg/L umho/cm C 1/1/2022
1/2/2022
1/3/2022
1/4/2022
1/5/2022 14 7.44 983 15.4
1/6/2022
1/7/2022
1/8/2022
1/9/2022
1/10/2022
1/11/2022
1/12/2022 6.200 6.9 936.00 9.6
1/13/2022
1/14/2022
1/15/2022
1/16/2022
1/17/2022
1/18/2022
1/19/2022
1/20/2022
1/21/2022
1/22/2022
1/23/2022
1/24/2022
1/25/2022
1/26/2022
1/27/2022
1/28/2022
1/29/2022
1/30/2022
1/31/2022
Total
Average
Maximum 6.2 6.9 936 9.6 14.0 7.44 983 15.4 0.0 0.00 0 0.0 Minimum 6.2 6.9 936 9.6 14.0 7.44 983 15.4 0.0 0.00 0 0.0

ADELANTO WWTP SUMMARY REPORT

Page 3 ends

Date
Pond Monitoring # 1 annually Pond Monitoring # 4 annually Pond Monitoring # 9 annually 198
Section C
Collection System Report
199

PROJECT STATUS REPORT & PROJECTIONS
Project Name: City of Adelanto
Department: Collection System
Month: January 2022
Prepared By: PERC Water Corporation

PROJECT STATUS REPORT
Date Footage Mo/Yr Area Locations That Need Attention
January
2022
0/0 • No cleaning • Monthly enhanced maintenance
areas
• Quarterly enhanced maintenance
areas
TABLE OF CONTENTS:
01) No attachments to include no cleaning as auto wind and reel broke resulting in the truck going into the shop.

LIST OF NOTES:
01) On 1-10-22 resident located at 11336 Granite Ct. was having a back up issue with his lateral, and was concerned about the proper procedure to have someone replace the lateral. PERC staff informed the resident to obtain a quote or multiple quotes and make a decision on whom to use for the repair. PERC staff also informed the resident that the contractor that would do the repairs would give instructions on permit filing with the city if needed or would complete the filing on the resident’s behalf.
02) On 1-19-22 PERC staff conducted a walk through of the Pearmain Sewer Relief project along with TKE, and Christensen Brothers. PERC staff noted and pointed out a significant rag build up on manhole #1 of the Pearmain Sewer Relief project as it was a designed split flow manhole, and the rags are collection on the point between the two exit sewer lines. 03) PERC staff received and reviewed 178 USA dig alerts. 200
Section D
Bio-Solids Report
201
January 2022 Section D – Bio-solids Report
Adelanto Wastewater Treatment System
Bio-solids Report
In January 2022, PERC Water Staff performed dewatering procedures to dewater 1,974,344 gallons of bio-solids from the aerated solids holding tank. See data table below for amounts and disposal costs. Wet tons of bio-solids were removed at an average total solids concentration of 18%. End dump trailers were collected periodically by GIC Corporation and delivered to Synagro composting facility in Helendale, CA.

Wet Tons Dry Tons Wet Tons Dry Tons
January 351.66 63.30 13 13 $5,608.98 $9,962.53 $15,571.50 $44.28 February 0.00 $0.00 $0.00 $0.00 #DIV/0!
March 0.00 351.66 63.30 $0.00 $0.00 $0.00 #DIV/0!
April 0.00 $0.00 $0.00 $0.00 #DIV/0!
May 0.00 $0.00 $0.00 $0.00 #DIV/0!
June 0.00 0.00 0.00 $0.00 $0.00 $0.00 #DIV/0!
July 0.00 $0.00 $0.00 $0.00 #DIV/0!
August 0.00 $0.00 $0.00 $0.00 #DIV/0!
September 0.00 0.00 0.00 $0.00 $0.00 $0.00 #DIV/0!
October 0.00 $0.00 $0.00 $0.00 #DIV/0!
November 0.00 $0.00 $0.00 $0.00 #DIV/0!
December 0.00 0.00 0.00 $0.00 $0.00 $0.00 #DIV/0!
Total Tons 351.66 63.30 351.66 63.30 13 13 $5,608.98 $9,962.53 $15,571.50 #DIV/0! Metric Tons 318.96 57.41 318.96 57.41 total total total total total average 2022 BIO-SOLIDS HAULED
Adelanto production Quarter # of GIC
end dump
Removed
# Synagro
loads
received
Total Hauling
Cost
Total
Tipping Fee
Cost
Total Cost Total Cost Per
Ton
202
January 2022 Section D – Bio-solids Report
Adelanto Wastewater Treatment System
Burrtec hauls off screenings/rags and recycle product from the facility each month. See data table below for bins removed from the Facility.

RECYCLE
# of Bins ft3
yards # of Bins
January 20 40 2
February 0
March 0
April 0
May 0
June 0
July 0
August 0
September 0
October 0
November 0
December 0
Total 20 40 2
2022 SCREENINGS/GRIT HAULED
203
Section E
Preventive Maintenance
CMMS Report
204
January 2022 Section E Completed Work Orders
Adelanto Wastewater Treatment System
Completed Work Orders
Below is a list of the Adelanto’s Wastewater System’s completed work orders for the month of January: 131 tasks completed
Completed
Date
Asset ID Asset Description Brief Description
1/2/2022 ADSCCLE Sludge Thickener
East
sludge thickener drive chain
check
1/2/2022 AD_SIPS-ST SIPS Station sips station motor check 1/2/2022 ADSCCLW Sludge Thickener
West
Sludge thickener check
1/2/2022 ADSCCLE Sludge Thickener
East
Sludge thickener check
1/2/2022 AD_SCADA SCADA system Scada Test
1/2/2022 AD_HAZ-WST Haz waste check
sheet
Check and fill out weekly check
sheet
1/2/2022 AD_DOPROBES D O probes on North
and South Basins
Clean D.O. Probes on North and
South Basin
1/2/2022 AD_RCYCLPMP1 Recycle pump 1 for
new plant water
system
Bump motor for Recycle pump
1/2/2022 AD_RCYCLPMP2 Recycle pump 2 for
new plant water
system
Bump motor for Recycle pump
1/2/2022 AD_HAZ-WST Haz waste check
sheet
Check AGST binder and make
sure it is up to date
1/2/2022 ADEYEWSHST eye wash eye wash/shower weekly check 1/3/2022 AD_RAS_PMPS RAS pumps Swap RAS pumps
1/4/2022 ADSCCLW Sludge Thickener
West
Scum Pit
1/4/2022 ADSCCLE Sludge Thickener
East
Scum Pit
1/4/2022 ADPHECMD Probe Calibrate ph and ec probes
1/5/2022 AD_PONDS Percolation Ponds Pond 1 sampling
1/5/2022 AD_PONDS Percolation Ponds Sample pond
1/5/2022 AD_BIOSOLIDS Biosolids Bio solids sampling
1/5/2022 AD_SH_ANDRITZ Andritz Centrifuge Run Andritz centrifuge 1/5/2022 AD_SH-ANDRITZ-MM Andritz Muffin
Monster
Andritz muffin monster
Lubrication & Grease
1/5/2022 AD_SH-ANDTRIZ-MM-M Andritz Muffin
Monster Motor
Andritz Muffin Monster Motor
lubrication grease
205
January 2022 Section E Completed Work Orders
Adelanto Wastewater Treatment System
1/5/2022 AD_SH-CENTRISYS-MM-M Centrisys Muffin
Monster Motor
Centrisys Muffin Monster Motor
lubrication grease
1/5/2022 ADPLGPD1 Pipe Plug (pig) Check plug
1/5/2022 AD_SC-CLRFYR-N North Clarifier Weekly Clarifier check 1/5/2022 AD_SC-CLRFYR-S South Clarifier Weekly Clarifier check 1/5/2022 AD_AZ_BLWR1 Aerzen Blower 1 Change and wash pre-filters 1/5/2022 AD_AZ_BLWR2 Aerzen Blower 2 Change and wash pre-filters 1/5/2022 AD_AZ_BLWR3 Aerzen Blower 3 Change and wash pre-filters 1/5/2022 AD_SH_CENTRISYS Centrisys Centrifuge Lubricate Housing Seal Assembly 1/5/2022 AD_SH_CENTRISYS Centrisys Centrifuge Lubricate Solids and Liquid end Headwall External Assembly
1/5/2022 ADSCCLW Sludge Thickener
West
Sludge thickener check
1/5/2022 ADSCCLE Sludge Thickener
East
Sludge thickener check
1/7/2022 ADPOLYUNIT Polymer unit Clean polymer flow sensor 1/7/2022 AD_BLWR_BLD BUILDINGS Replacement of Blower Building Filters
1/7/2022 AD_DOPROBES D O probes on North
and South Basins
Clean D.O. Probes on North and
South Basin
1/7/2022 AD_HW-GC-CPT1 Grit Collector CPT 1 Monthly cpt inspection 1/7/2022 AD_HW-GC-CPT2 Grit Collector CPT 2 Monthly cpt inspection 1/7/2022 AD_RCYCLPMP1 Recycle pump 1 for
new plant water
system
Bump motor for Recycle pump
1/7/2022 AD_RCYCLPMP2 Recycle pump 2 for
new plant water
system
Bump motor for Recycle pump
1/9/2022 AD_SCADA SCADA system Scada Test
1/9/2022 AD_HAZ-WST Haz waste check
sheet
Check and fill out weekly check
sheet
1/9/2022 AD_HAZ-WST Haz waste check
sheet
Check AGST binder and make
sure it is up to date
1/9/2022 AD-FAK First aid kits Monthly first aid kits check 1/9/2022 AD_HW-GP-P1 Grit Pump 1 grit pump belt check
1/9/2022 AD_HW-GP-P2 Grit Pump 2 grit pump belt check
1/10/2022 LIFTSTATION Pump station lift station float alarm 1/12/2022 AD_GD Multi gas detector Multi Gas Detector Calibration 1/12/2022 AD_PONDS Percolation Ponds Rotate ponds
1/12/2022 AD_SH-CENTRISYS-MM Centrisys Muffin
Monster
Centrisys Muffin Monster
lubrication grease
1/12/2022 AD_RPTS Reports Collections, IPP, E-maint
1/12/2022 AD_SH_ANDRITZ Andritz Centrifuge Run Andritz centrifuge 206
January 2022 Section E Completed Work Orders
Adelanto Wastewater Treatment System
1/12/2022 ADPLGPD1 Pipe Plug (pig) Check plug
1/12/2022 AD_SC-CLRFYR-N North Clarifier Weekly Clarifier check 1/12/2022 AD_SC-CLRFYR-S South Clarifier Weekly Clarifier check 1/12/2022 AD_SH_CENTRISYS Centrisys Centrifuge Lubricate Housing Seal Assembly 1/12/2022 AD_SH_CENTRISYS Centrisys Centrifuge Lubricate Solids and Liquid end Headwall External Assembly
1/12/2022 AD_HW-FR-E Flex Rake East Flex rake check
1/12/2022 ADSCCLW Sludge Thickener
West
Sludge thickener check
1/12/2022 ADSCCLE Sludge Thickener
East
Sludge thickener check
1/12/2022 AD_SCADA SCADA system Scada Test
1/12/2022 AD_SH_ANDRITZ Andritz Centrifuge Run Andritz centrifuge 1/14/2022 ADPOLYUNIT Polymer unit Clean polymer flow sensor 1/14/2022 AD_DOPROBES D O probes on North
and South Basins
Clean D.O. Probes on North and
South Basin
1/14/2022 AD_RCYCLPMP1 Recycle pump 1 for
new plant water
system
Bump motor for Recycle pump
1/14/2022 AD_RCYCLPMP2 Recycle pump 2 for
new plant water
system
Bump motor for Recycle pump
1/14/2022 AD_SH-POL-M Polymer Motor polymer pump gear box oil check 1/14/2022 BELLFLOWER_AUBURN Collection Systems Manhole inspection 1/16/2022 AD_HAZ-WST Haz waste check
sheet
Check and fill out weekly check
sheet
1/16/2022 AD_HAZ-WST Haz waste check
sheet
Check AGST binder and make
sure it is up to date
1/16/2022 AD_SC_PW_M_NORTH Plant Water Motor
North
Plant Water motor lubrication
1/16/2022 AD_SC-PW-M_SOUTH Plant Water Motor
South
Plant Water motor lubrication
1/17/2022 AD_GD Multi gas detector Multi Gas Detector Calibration 1/19/2022 ADPOLYUNIT Polymer unit Clean polymer flow sensor 1/19/2022 AD_SH_CENTRISYS Centrisys Centrifuge Lubricate Housing Seal Assembly 1/19/2022 AD_SH_CENTRISYS Centrisys Centrifuge Lubricate Solids and Liquid end Headwall External Assembly
1/20/2022 AD_8INPORTPMP 8 Inch portable pump Run 8 in portable pump 1/20/2022 ADAIRCPSH Air compressor Inspect Quincy Air Compressor 1/20/2022 ADPLGPD1 Pipe Plug (pig) Check plug
1/20/2022 ADSCCLW Sludge Thickener
West
Scum Pit
1/20/2022 ADSCCLE Sludge Thickener
East
Scum Pit
207
January 2022 Section E Completed Work Orders
Adelanto Wastewater Treatment System
1/20/2022 AD_SC-CLRFYR-N North Clarifier Weekly Clarifier check 1/20/2022 AD_SC-CLRFYR-S South Clarifier Weekly Clarifier check 1/20/2022 ADSCCLW Sludge Thickener
West
Sludge thickener check
1/20/2022 ADSCCLE Sludge Thickener
East
Sludge thickener check
1/21/2022 AD_DOPROBES D O probes on North
and South Basins
Clean D.O. Probes on North and
South Basin
1/21/2022 AD_RCYCLPMP1 Recycle pump 1 for
new plant water
system
Bump motor for Recycle pump
1/21/2022 AD_RCYCLPMP2 Recycle pump 2 for
new plant water
system
Bump motor for Recycle pump
1/23/2022 AD_SCADA SCADA system Scada Test
1/23/2022 AD_HW-GP-P1 Grit Pump 1 grit pump check
1/23/2022 AD_HW-GP-P2 Grit Pump 2 grit pump check
1/23/2022 AD_SC-RAS-P1 Sludge Thickener RAS
Pump 1
Sludge Thickener R.A.S. pump
inspection
1/23/2022 AD_SC-RAS-P2 Sludge Thickener RAS
Pump 2
Sludge Thickener R.A.S. pump
inspection
1/23/2022 AD_HAZ-WST Haz waste check
sheet
Check and fill out weekly check
sheet
1/23/2022 AD_HAZ-WST Haz waste check
sheet
Check AGST binder and make
sure it is up to date
1/24/2022 AD-PORT-GEN Generators RUN PORTABLE GENERATOR FOR 15 MINUTES
1/24/2022 AD_SC-PW-P_NORTH Plant Water Pump
North
plant water pump check
1/24/2022 AD_SC-PW-P_NORTH Plant Water Pump
North
plant water pump belt check
1/24/2022 AD_SC-PW-P_SOUTH Plant Water Pump
South
plant water pump check
1/24/2022 AD_SC-PW-P_SOUTH Plant Water Pump
South
plant water pump belt check
1/25/2022 ADPLGPD1 Pipe Plug (pig) Check plug
1/25/2022 AD_SC-CLRFYR-N North Clarifier Weekly Clarifier check 1/25/2022 AD_SC-CLRFYR-S South Clarifier Weekly Clarifier check 1/26/2022 AD_TRAC Tractor Check oil in tractor
1/26/2022 ADSCCLW Sludge Thickener
West
Sludge thickener check
1/26/2022 ADSCCLE Sludge Thickener
East
Sludge thickener check
1/28/2022 AD_SC-PT Scum pit Clarifier scum pit
208
January 2022 Section E Completed Work Orders
Adelanto Wastewater Treatment System
1/28/2022 AD_SH_ANDRITZ Andritz Centrifuge Run Andritz centrifuge 1/28/2022 ADPOLYUNIT Polymer unit Clean polymer flow sensor 1/28/2022 AD_SH_CENTRISYS Centrisys Centrifuge Lubricate Housing Seal Assembly 1/28/2022 AD_SH_CENTRISYS Centrisys Centrifuge Lubricate Solids and Liquid end Headwall External Assembly
1/28/2022 AD_DOPROBES D O probes on North
and South Basins
Clean D.O. Probes on North and
South Basin
1/30/2022 AD_SCADA SCADA system Scada Test
1/30/2022 ADSCCLW Sludge Thickener
West
sludge thickener drive chain
check
1/30/2022 ADSCCLE Sludge Thickener
East
sludge thickener drive chain
check
1/30/2022 AD_HAZ-WST Haz waste check
sheet
Check and fill out weekly check
sheet
1/30/2022 AD_RCYCLPMP1 Recycle pump 1 for
new plant water
system
Bump motor for Recycle pump
1/30/2022 AD_RCYCLPMP2 Recycle pump 2 for
new plant water
system
Bump motor for Recycle pump
1/30/2022 AD_SIPS-ST SIPS Station sips station motor check 1/30/2022 AD_HAZ-WST Haz waste check
sheet
Check AGST binder and make
sure it is up to date
1/31/2022 AD_AZ_BLWR1 Aerzen Blower 1 Change and wash pre-filters 1/31/2022 AD_AZ_BLWR2 Aerzen Blower 2 Change and wash pre-filters 1/31/2022 AD_AZ_BLWR3 Aerzen Blower 3 Change and wash pre-filters 1/31/2022 AD_AZ_BLWR1 Aerzen Blower 1 Aerzen Blower filter inspection 1/31/2022 AD_AZ_BLWR2 Aerzen Blower 2 Aerzen Blower filter inspection 1/31/2022 AD_AZ_BLWR3 Aerzen Blower 3 Aerzen Blower filter inspection 1/31/2022 AD_AZ_BLWR1 Aerzen Blower 1 Change internal blower filters and rotate blowers
1/31/2022 AD_AZ_BLWR2 Aerzen Blower 2 Change internal blower filters and rotate blowers
1/31/2022 AD_AZ_BLWR3 Aerzen Blower 3 Change internal blower filters and rotate blowers
1/31/2022 ADELPNFLTS FILTERS Clean VFD Panel Filters
1/31/2022 AD_SLG_GB Sludge pump gear
box
Sludge pump gearbox oil change.
pump in shop for repairs
1/31/2022 BELLFLOWER_AUBURN Collection Systems Manhole inspection 209
Section F
SSMP/IPP Report
210
January 2022 Section F – IPP / SSMP Report
Adelanto Wastewater Treatment System

INDUSTRIAL PRETREATMENT PROGRAM (IPP) & SEWER SYSTEM MANAGEMENT

PLAN (SSMP)
Staff is reviewing all users and scheduling inspections for February 2022. Listed are January’s 2022 activities:
· No inspections done due to COVID-19 and social distancing. · Receiving flow and pH data from MK Magnetics periodically with their discharge to city sewer.
211
Section G
Laboratory Results
212
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 1 of 11
Project Name:
14-Jan-2022
Work Order Number: C2A0555
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C2A0555
Attached is the analytical report for the sample(s) received for your project. Below is a list of the individual sample descriptions with the corresponding laboratory number(s). Also, enclosed is a copy of the Chain of Custody document (if received with your sample(s)). Please note any unused portion of the sample(s) may be responsibly discarded after 30 days from the above report date, unless you have requested otherwise.

Thank you for the opportunity to serve your analytical needs. If you have any questions or concerns regarding this report please contact our client service department.

Sample Identification
Lab Sample # Client Sample ID Matrix Date Sampled By Date Submitted By C2A0555-01 Liquid 01/5/22 6:05 Tristan Hause Courier (Lisa Penunuri) - DE
Influent Wastewater 01/05/22 14:46
C2A0555-02 Liquid 01/5/22 6:15 Tristan Hause Courier (Lisa Penunuri) - DE
Effluent ---ROUTINE--- 01/05/22 14:46
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
213
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 2 of 11
Project Name:
14-Jan-2022
Work Order Number: C2A0555
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C2A0555
Laboratory Reference Number
Sample Description
01/05/22 06:05
Sampled Date/Time Received Date/Time
01/05/22 14:46
Matrix
Influent Liquid
C2A0555-01
Analyte(s) Result RDL MDL Units Method Analysis Date Analyst Flag Solids
Total Dissolved Solids 560 10 10 mg/L SM 2540C 01/08/22 14:29 AXM Total Suspended Solids 270 5 5 mg/L SM 2540D 01/07/22 17:20 RRC Aggregate Organic Compounds
Biochemical Oxygen Demand 250 50 50 mg/L SM 5210B 01/05/22 23:04 CMR Nutrients
Ammonia-Nitrogen 44 5.1 mg/L SM4500NH3H
G

0.5 01/07/22 19:46 TRS
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
214
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 3 of 11
Project Name:
14-Jan-2022
Work Order Number: C2A0555
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C2A0555
Laboratory Reference Number
Sample Description
01/05/22 06:15
Sampled Date/Time Received Date/Time
01/05/22 14:46
Matrix
Effluent Liquid
C2A0555-02
Analyte(s) Result RDL MDL Units Method Analysis Date Analyst Flag Anions
Nitrate as N 0.18 0.20 0.16 mg/L EPA 300.0 01/06/22 16:24 KJN J Nitrite as N ND 0.1 0.09 mg/L EPA 300.0 01/05/22 23:29 KJN Solids
Total Dissolved Solids 460 10 10 mg/L SM 2540C 01/08/22 14:29 AXM Total Suspended Solids 8 2 2 mg/L SM 2540D 01/07/22 17:20 RRC Aggregate Organic Compounds
Biochemical Oxygen Demand ND 10 10 mg/L SM 5210B 01/05/22 23:09 CMR Surfactants
MBAS 0.11 0.08 0.03 mg/L SM 5540C 01/06/22 08:08 TJK
Nutrients
Kjeldahl Nitrogen 11 2.0 1.9 mg/L EPA 351.2 01/10/22 20:37 TRS Total Nitrogen 11 2.3 mg/L Calculation
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
215
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 4 of 11
Project Name:
14-Jan-2022
Work Order Number: C2A0555
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C2A0555
Result RDL Units Level
Spike
Result
Source
%REC
%REC
Limits RPD
RPD
Analyte(s) Limit Flag
Anions - Batch Quality Control
Batch 2A05030 - Analyzed as Received IC
Blank (2A05030-BLK1) Prepared & Analyzed: 01/05/22
Nitrite as N ND 0.1 0.09 mg/L
Nitrate as N ND 0.20 0.16 mg/L
LCS (2A05030-BS1) Prepared & Analyzed: 01/05/22
Nitrite as N 2.46 0.1 0.09 mg/L 2.50 98 90-110
Nitrate as N 6.09 0.20 0.16 mg/L 5.65 108 90-110
Matrix Spike (2A05030-MS1) Source: C2A0424-01 Prepared & Analyzed: 01/05/22 Nitrite as N 1.45 0.1 0.09 mg/L 2.50 ND 58 80-120 QFini, QMout Nitrate as N 5.82 0.20 0.16 mg/L 5.65 ND 103 75-131
Matrix Spike (2A05030-MS2) Source: C2A0424-03 Prepared & Analyzed: 01/05/22 Nitrite as N 2.56 0.1 0.09 mg/L 2.50 0.462 84 80-120
Nitrate as N 10.9 0.20 0.16 mg/L 5.65 4.66 110 75-131
Matrix Spike Dup (2A05030-MSD1) Source: C2A0424-01 Prepared & Analyzed: 01/05/22 Nitrite as N 1.56 0.1 0.09 mg/L 2.50 ND 62 80-120 7 20 QFini, QMout Nitrate as N 5.95 0.20 0.16 mg/L 5.65 ND 105 75-131 2 20 Batch 2A06039 - Analyzed as Received IC
Blank (2A06039-BLK1) Prepared & Analyzed: 01/06/22
Nitrate as N ND 0.20 0.16 mg/L
LCS (2A06039-BS1) Prepared & Analyzed: 01/06/22
Nitrate as N 5.48 0.20 0.16 mg/L 5.65 97 90-110
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
216
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 5 of 11
Project Name:
14-Jan-2022
Work Order Number: C2A0555
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C2A0555
Result RDL Units Level
Spike
Result
Source
%REC
%REC
Limits RPD
RPD
Analyte(s) Limit Flag
Anions - Batch Quality Control
Batch 2A06039 - Analyzed as Received IC
Matrix Spike (2A06039-MS1) Source: C2A0705-02 Prepared & Analyzed: 01/07/22 Nitrate as N 27.7 1.0 0.82 mg/L 28.2 ND 98 75-131
Matrix Spike (2A06039-MS2) Source: C2A0424-01RE1 Prepared & Analyzed: 01/06/22 Nitrate as N 5.59 0.20 0.16 mg/L 5.65 ND 99 75-131
Matrix Spike Dup (2A06039-MSD1) Source: C2A0705-02 Prepared & Analyzed: 01/07/22 Nitrate as N 28.0 1.0 0.82 mg/L 28.2 ND 99 75-131 0.9 20 mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
217
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 6 of 11
Project Name:
14-Jan-2022
Work Order Number: C2A0555
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C2A0555
Result RDL Units Level
Spike
Result
Source
%REC
%REC
Limits RPD
RPD
Analyte(s) Limit Flag
Solids - Batch Quality Control
Batch 2A07036 - Analyzed as received
Blank (2A07036-BLK1) Prepared & Analyzed: 01/07/22
Total Suspended Solids ND 0.5 0.5 mg/L
Duplicate (2A07036-DUP1) Source: C2A0177-02 Prepared & Analyzed: 01/07/22 Total Suspended Solids 3.50 2 2 mg/L ND 25
Duplicate (2A07036-DUP2) Source: C2A0187-01 Prepared & Analyzed: 01/07/22 Total Suspended Solids 76.0 10 10 mg/L 64.0 17 25
Batch 2A08013 - Analyzed as received
Blank (2A08013-BLK1) Prepared & Analyzed: 01/08/22
Total Dissolved Solids ND 10 10 mg/L
Duplicate (2A08013-DUP1) Source: C2A0526-02 Prepared & Analyzed: 01/08/22 Total Dissolved Solids 476 10 10 mg/L 504 6 20
Duplicate (2A08013-DUP2) Source: C2A0556-01 Prepared & Analyzed: 01/08/22 Total Dissolved Solids 579 10 10 mg/L 559 4 20
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
218
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 7 of 11
Project Name:
14-Jan-2022
Work Order Number: C2A0555
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C2A0555
Result RDL Units Level
Spike
Result
Source
%REC
%REC
Limits RPD
RPD
Analyte(s) Limit Flag
Aggregate Organic Compounds - Batch Quality Control
Batch 2A05064 - Analyzed as received
Blank (2A05064-BLK1) Prepared & Analyzed: 01/05/22
Biochemical Oxygen
Demand
ND 1.0 1.0 mg/L
LCS (2A05064-BS1) Prepared & Analyzed: 01/05/22
Biochemical Oxygen
Demand
212 50 50 mg/L 198 107 85-115
Duplicate (2A05064-DUP1) Source: C2A0561-02 Prepared & Analyzed: 01/05/22 Biochemical Oxygen
Demand
306 50 50 mg/L 294 4 20
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
219
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 8 of 11
Project Name:
14-Jan-2022
Work Order Number: C2A0555
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C2A0555
Result RDL Units Level
Spike
Result
Source
%REC
%REC
Limits RPD
RPD
Analyte(s) Limit Flag
Surfactants - Batch Quality Control
Batch 2A06005 - Solvent Extraction.

Blank (2A06005-BLK1) Prepared & Analyzed: 01/06/22
MBAS ND 0.08 0.03 mg/L
LCS (2A06005-BS1) Prepared & Analyzed: 01/06/22
MBAS 0.494 0.08 0.03 mg/L 0.400 124 53-157
Matrix Spike (2A06005-MS1) Source: C2A0460-05 Prepared & Analyzed: 01/06/22 MBAS 0.625 0.20 0.09 mg/L 0.500 ND 125 43-150
Matrix Spike Dup (2A06005-MSD1) Source: C2A0460-05 Prepared & Analyzed: 01/06/22 MBAS 0.611 0.20 0.09 mg/L 0.500 ND 122 43-150 2 30
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
220
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 9 of 11
Project Name:
14-Jan-2022
Work Order Number: C2A0555
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C2A0555
Result RDL Units Level
Spike
Result
Source
%REC
%REC
Limits RPD
RPD
Analyte(s) Limit Flag
Nutrients - Batch Quality Control
Batch 2A07031 - Acid Digest
Blank (2A07031-BLK1) Prepared: 01/07/22 Analyzed: 01/10/22 Kjeldahl Nitrogen ND 0.1 0.09 mg/L
LCS (2A07031-BS1) Prepared: 01/07/22 Analyzed: 01/10/22 Kjeldahl Nitrogen 0.981 0.1 0.09 mg/L 1.00 98 80-120
Matrix Spike (2A07031-MS1) Source: C2A0060-02 Prepared: 01/07/22 Analyzed: 01/10/22 Kjeldahl Nitrogen 0.471 0.1 0.09 mg/L 1.00 ND 47 42-154 Matrix Spike Dup (2A07031-MSD1) Source: C2A0060-02 Prepared: 01/07/22 Analyzed: 01/10/22 Kjeldahl Nitrogen 0.571 0.1 0.09 mg/L 1.00 ND 57 42-154 19 25 Batch 2A07043 - Ammonia - As Received
Blank (2A07043-BLK1) Prepared & Analyzed: 01/07/22
Ammonia-Nitrogen ND 0.1 0.01 mg/L
LCS (2A07043-BS1) Prepared & Analyzed: 01/07/22
Ammonia-Nitrogen 0.976 0.1 0.01 mg/L 1.00 98 90-110
Matrix Spike (2A07043-MS1) Source: C1L3548-02 Prepared & Analyzed: 01/07/22 Ammonia-Nitrogen 1.01 0.1 0.01 mg/L 1.00 ND 101 80-120
Matrix Spike Dup (2A07043-MSD1) Source: C1L3548-02 Prepared & Analyzed: 01/07/22 Ammonia-Nitrogen 1.00 0.1 0.01 mg/L 1.00 ND 100 80-120 0.4 20 mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
221
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 10 of 11
Project Name:
14-Jan-2022
Work Order Number: C2A0555
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C2A0555
Notes and Definitions
J Estimated value
QFini Follow-up result also did not meet laboratory acceptance criteria.

QMout MS and/or MSD recovery did not meet laboratory acceptance criteria.

NR: Not Reported
ND: Analyte NOT DETECTED at or above the Method Detection Limit (if MDL is reported), otherwise at or above the Reportable Detection Limit (RDL)
RDL: Reportable Detection Limit
MDL: Method Detection Limit
* / (Non-NELAP): NELAP does not offer accreditation for this analyte/method/matrix combination e-Standard_No Alias.rpt
This report applies only to the sample(s) analyzed. As a mutual protection to clients, the public, and Babcock Laboratories, Inc., this report is submitted and accepted for the exclusive use of the Client to whom it is addressed. Interpretation and use of the information contained within this report are the sole responsibility of the Client. Babcock Laboratories, Inc. is not responsible for any misinformation or consequences that may result from misinterpretation or improper use of this report. This report is not to be modified or abbreviated in any way.

Additionally, this report is not to be used, in whole or in part, in any advertising or publicity matter without written authorization from Babcock Laboratories, Inc. The liability of Babcock Laboratories, Inc. is limited to the actual cost of the requested analyses, unless otherwise agreed upon in writing. There is no other warranty expressed or implied.

Enclosed are the analytical results for the submitted sample(s). Babcock Laboratories certify the data presented as part of this report meet the minimum quality standards in the referenced analytical methods. Any exceptions have been noted.

Approval
cc:

Alexis Nicole Harold For Cindy A. Waddell
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
222
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 11 of 11
Project Name:
14-Jan-2022
Work Order Number: C2A0555
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C2A0555
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
223
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 1 of 6
Project Name:
14-Jan-2022
Work Order Number: C2A0551
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Misc.

Weekly/BiWeekly
C2A0551
Attached is the analytical report for the sample(s) received for your project. Below is a list of the individual sample descriptions with the corresponding laboratory number(s). Also, enclosed is a copy of the Chain of Custody document (if received with your sample(s)). Please note any unused portion of the sample(s) may be responsibly discarded after 30 days from the above report date, unless you have requested otherwise.

Thank you for the opportunity to serve your analytical needs. If you have any questions or concerns regarding this report please contact our client service department.

Sample Identification
Lab Sample # Client Sample ID Matrix Date Sampled By Date Submitted By C2A0551-01 Liquid 01/5/22 10:15 Tristan Hause Courier (Lisa Penunuri) - DE
Pond #4 ---ROUTINE--- 01/05/22 14:46
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
224
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 2 of 6
Project Name:
14-Jan-2022
Work Order Number: C2A0551
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Misc.

Weekly/BiWeekly
C2A0551
Laboratory Reference Number
Sample Description
01/05/22 10:15
Sampled Date/Time Received Date/Time
01/05/22 14:46
Matrix
Pond #4 Liquid
C2A0551-01
Analyte(s) Result RDL MDL Units Method Analysis Date Analyst Flag Anions
Nitrate as N ND 0.20 0.16 mg/L EPA 300.0 01/05/22 23:03 KJN NCALhND Nitrite as N ND 0.1 0.09 mg/L EPA 300.0 01/05/22 23:03 KJN Nutrients
Kjeldahl Nitrogen 14 1.0 0.9 mg/L EPA 351.2 01/10/22 20:35 TRS Total Nitrogen 14 1.3 mg/L Calculation
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
225
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 3 of 6
Project Name:
14-Jan-2022
Work Order Number: C2A0551
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Misc.

Weekly/BiWeekly
C2A0551
Result RDL Units Level
Spike
Result
Source
%REC
%REC
Limits RPD
RPD
Analyte(s) Limit Flag
Anions - Batch Quality Control
Batch 2A05030 - Analyzed as Received IC
Blank (2A05030-BLK1) Prepared & Analyzed: 01/05/22
Nitrite as N ND 0.1 0.09 mg/L
Nitrate as N ND 0.20 0.16 mg/L
LCS (2A05030-BS1) Prepared & Analyzed: 01/05/22
Nitrite as N 2.46 0.1 0.09 mg/L 2.50 98 90-110
Nitrate as N 6.09 0.20 0.16 mg/L 5.65 108 90-110
Matrix Spike (2A05030-MS1) Source: C2A0424-01 Prepared & Analyzed: 01/05/22 Nitrite as N 1.45 0.1 0.09 mg/L 2.50 ND 58 80-120 QFini, QMout Nitrate as N 5.82 0.20 0.16 mg/L 5.65 ND 103 75-131
Matrix Spike (2A05030-MS2) Source: C2A0424-03 Prepared & Analyzed: 01/05/22 Nitrite as N 2.56 0.1 0.09 mg/L 2.50 0.462 84 80-120
Nitrate as N 10.9 0.20 0.16 mg/L 5.65 4.66 110 75-131
Matrix Spike Dup (2A05030-MSD1) Source: C2A0424-01 Prepared & Analyzed: 01/05/22 Nitrite as N 1.56 0.1 0.09 mg/L 2.50 ND 62 80-120 7 20 QFini, QMout Nitrate as N 5.95 0.20 0.16 mg/L 5.65 ND 105 75-131 2 20 mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
226
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 4 of 6
Project Name:
14-Jan-2022
Work Order Number: C2A0551
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Misc.

Weekly/BiWeekly
C2A0551
Result RDL Units Level
Spike
Result
Source
%REC
%REC
Limits RPD
RPD
Analyte(s) Limit Flag
Nutrients - Batch Quality Control
Batch 2A07031 - Acid Digest
Blank (2A07031-BLK1) Prepared: 01/07/22 Analyzed: 01/10/22 Kjeldahl Nitrogen ND 0.1 0.09 mg/L
LCS (2A07031-BS1) Prepared: 01/07/22 Analyzed: 01/10/22 Kjeldahl Nitrogen 0.981 0.1 0.09 mg/L 1.00 98 80-120
Matrix Spike (2A07031-MS1) Source: C2A0060-02 Prepared: 01/07/22 Analyzed: 01/10/22 Kjeldahl Nitrogen 0.471 0.1 0.09 mg/L 1.00 ND 47 42-154 Matrix Spike Dup (2A07031-MSD1) Source: C2A0060-02 Prepared: 01/07/22 Analyzed: 01/10/22 Kjeldahl Nitrogen 0.571 0.1 0.09 mg/L 1.00 ND 57 42-154 19 25 mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
227
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 5 of 6
Project Name:
14-Jan-2022
Work Order Number: C2A0551
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Misc.

Weekly/BiWeekly
C2A0551
Notes and Definitions
J Estimated value
NCALhNDCalibration Verification recovery was above the method control limit for this analyte. Analyte not detected, therefore data not impacted.

QFini Follow-up result also did not meet laboratory acceptance criteria.

QMout MS and/or MSD recovery did not meet laboratory acceptance criteria.

Approval
cc:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 6 of 6
Project Name:
14-Jan-2022
Work Order Number: C2A0551
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Misc.

Weekly/BiWeekly
C2A0551
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
229
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 1 of 14
Project Name:
08-Feb-2022
Work Order Number: C2A0553
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Quarterly Solids J/A/J/O
Adelanto WWTP
C2A0553
Attached is the analytical report for the sample(s) received for your project. Below is a list of the individual sample descriptions with the corresponding laboratory number(s). Also, enclosed is a copy of the Chain of Custody document (if received with your sample(s)). Please note any unused portion of the sample(s) may be responsibly discarded after 30 days from the above report date, unless you have requested otherwise.

Thank you for the opportunity to serve your analytical needs. If you have any questions or concerns regarding this report please contact our client service department.

Sample Identification
Lab Sample # Client Sample ID Matrix Date Sampled By Date Submitted By C2A0553-01 Sludge 01/5/22 8:35 Tristan Hause Courier (Lisa Penunuri) - DE
Bio-Solids ---ROUTINE--- 01/05/22 14:46
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
230
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 2 of 14
Project Name:
08-Feb-2022
Work Order Number: C2A0553
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Quarterly Solids J/A/J/O
Adelanto WWTP
C2A0553
Laboratory Reference Number
Sample Description
01/05/22 08:35
Sampled Date/Time Received Date/Time
01/05/22 14:46
Matrix
Bio-Solids Sludge
C2A0553-01
Analyte(s) Result RDL MDL Units Method Analysis Date Analyst Flag Anions
Nitrate as N ND 11 5.9 mg/kg dry EPA 300.0 01/08/22 12:41 KJN N_WEX Nitrite as N ND 5.5 5.5 mg/kg dry EPA 300.0 01/20/22 09:05 KJN N_WEX Solids
Total Solids 18 0.10 0.10 % SM 2540G 01/12/22 14:58 TJK Nutrients
Ammonia-Nitrogen 6800 990 mg/Kg* dry SM4500NH3H
G
430 01/19/22 16:26 TRS N_WEX
Kjeldahl Nitrogen 87000 11000 11000 mg/kg dry EPA 351.2 01/10/22 20:49 TRS Metals and Metalloids; EPA SW846 Series
Aluminum 1400 33 12 mg/kg dry EPA 6010B 01/13/22 16:51 HRL Antimony ND 2.0 0.87 mg/kg dry EPA 6020 01/11/22 14:47 AJH Arsenic 6.7 2.0 0.47 mg/kg dry EPA 6020 01/11/22 14:47 AJH Barium 100 2.0 0.49 mg/kg dry EPA 6020 01/11/22 14:47 AJH Beryllium ND 2.0 0.16 mg/kg dry EPA 6020 01/11/22 14:47 AJH Boron 54 170 4.3 mg/kg dry EPA 6010B 01/13/22 16:51 HRL J Cadmium 1.2 2.0 0.35 mg/kg dry EPA 6020 01/11/22 14:47 AJH J Total Chromium 15 2.0 0.49 mg/kg dry EPA 6020 01/11/22 14:47 AJH Cobalt 0.77 2.0 0.61 mg/kg dry EPA 6020 01/11/22 14:47 AJH J Copper 270 2.0 0.56 mg/kg dry EPA 6020 01/11/22 14:47 AJH Iron 1700 66 6.4 mg/kg dry EPA 6010B 01/13/22 16:51 HRL Lead 1.9 4.0 1.6 mg/kg dry EPA 6020 01/11/22 14:47 AJH J Manganese 73 20 11 mg/kg dry EPA 6020 01/11/22 14:47 AJH Mercury 0.18 0.55 0.050 mg/kg dry EPA 7471A 01/11/22 18:01 ALD J, N_RLm Molybdenum 6.6 10 5.8 mg/kg dry EPA 6020 01/11/22 14:47 AJH J Nickel 5.6 2.0 0.86 mg/kg dry EPA 6020 01/11/22 14:47 AJH Selenium 3.7 10 0.75 mg/kg dry EPA 6020 01/11/22 14:47 AJH J Thallium ND 2.0 0.22 mg/kg dry EPA 6020 01/11/22 14:47 AJH Vanadium 66 2.0 1.7 mg/kg dry EPA 6020 01/11/22 14:47 AJH Zinc 190 2.0 1.6 mg/kg dry EPA 6020 01/11/22 14:47 AJH
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
231
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 3 of 14
Project Name:
08-Feb-2022
Work Order Number: C2A0553
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Quarterly Solids J/A/J/O
Adelanto WWTP
C2A0553
Laboratory Reference Number
Sample Description
01/05/22 08:35
Sampled Date/Time Received Date/Time
01/05/22 14:46
Matrix
Bio-Solids Sludge
C2A0553-01
Analyte(s) Result RDL MDL Units Method Analysis Date Analyst Flag Multiple Tube Fermentation - Multiple Dilution - SM 9221 B, E, F series Total Coliform 7200000 99000 99000 MPN/g dry SM 9221B 01/05/22 17:30 HVA Fecal Coliform 770000 99000 99000 MPN/g dry SM 9221E 01/05/22 17:30 HVA * NELAP does not offer accreditation for this analyte/method/matrix combination mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
232
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 4 of 14
Project Name:
08-Feb-2022
Work Order Number: C2A0553
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Quarterly Solids J/A/J/O
Adelanto WWTP
C2A0553
Result RDL Units Level
Spike
Result
Source
%REC
%REC
Limits RPD
RPD
Analyte(s) Limit Flag
Anions - Batch Quality Control
Batch 2A08010 - Water Extraction-IC
Blank (2A08010-BLK1) Prepared & Analyzed: 01/08/22
Nitrite as N ND 0.10 0.10 mg/kg wet
Nitrate as N ND 0.20 0.11 mg/kg wet
LCS (2A08010-BS1) Prepared & Analyzed: 01/08/22
Nitrite as N 2.31 0.10 0.10 mg/kg wet 2.50 92 90-110
Nitrate as N 5.32 0.20 0.11 mg/kg wet 5.65 94 90-110
Matrix Spike (2A08010-MS1) Source: C2A0726-01 Prepared & Analyzed: 01/08/22 Nitrite as N 845 47 47 mg/kg dry 1170 ND 72 62-121
Nitrate as N 2190 94 50 mg/kg dry 2650 ND 83 80-120
Matrix Spike Dup (2A08010-MSD1) Source: C2A0726-01 Prepared & Analyzed: 01/08/22 Nitrite as N 883 47 47 mg/kg dry 1170 ND 75 62-121 4 20 Nitrate as N 2270 94 50 mg/kg dry 2650 ND 86 80-120 3 20 Batch 2A19089 - EPA 300.0 - Water Extraction
Blank (2A19089-BLK1) Prepared & Analyzed: 01/20/22
Nitrite as N ND 0.10 0.10 mg/kg wet
LCS (2A19089-BS1) Prepared & Analyzed: 01/20/22
Nitrite as N 2.41 0.10 0.10 mg/kg wet 2.50 96 90-110
Matrix Spike (2A19089-MS1) Source: C2A2180-01 Prepared & Analyzed: 01/20/22 Nitrite as N 22.9 1.0 1.0 mg/kg dry 26.0 ND 88 62-121
Matrix Spike Dup (2A19089-MSD1) Source: C2A2180-01 Prepared & Analyzed: 01/20/22 Nitrite as N 23.3 1.0 1.0 mg/kg dry 26.0 ND 89 62-121 2 20 mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
233
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 5 of 14
Project Name:
08-Feb-2022
Work Order Number: C2A0553
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Quarterly Solids J/A/J/O
Adelanto WWTP
C2A0553
Result RDL Units Level
Spike
Result
Source
%REC
%REC
Limits RPD
RPD
Analyte(s) Limit Flag
Solids - Batch Quality Control
Batch 2A12025 - Analyzed as received
Blank (2A12025-BLK1) Prepared & Analyzed: 01/12/22
Total Solids ND 0.10 0.10 %
Duplicate (2A12025-DUP1) Source: C2A1277-01 Prepared & Analyzed: 01/12/22 Total Solids 4.9 0.10 0.10 % 4.8 1 25
Duplicate (2A12025-DUP2) Source: C2A1277-02 Prepared & Analyzed: 01/12/22 Total Solids 5.7 0.10 0.10 % 5.8 0.4 25
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
234
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 6 of 14
Project Name:
08-Feb-2022
Work Order Number: C2A0553
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Quarterly Solids J/A/J/O
Adelanto WWTP
C2A0553
Result RDL Units Level
Spike
Result
Source
%REC
%REC
Limits RPD
RPD
Analyte(s) Limit Flag
Nutrients - Batch Quality Control
Batch 2A07033 - Acid Digest
Blank (2A07033-BLK1) Prepared: 01/07/22 Analyzed: 01/10/22 Kjeldahl Nitrogen ND 100 100 mg/kg wet
LCS (2A07033-BS1) Prepared: 01/07/22 Analyzed: 01/10/22 Kjeldahl Nitrogen 732 100 100 mg/kg wet 800 NR 80-120
Duplicate (2A07033-DUP1) Source: C2A0553-01 Prepared: 01/07/22 Analyzed: 01/10/22 Kjeldahl Nitrogen 83600 11000 11000 mg/kg dry 86800 4 25 Batch 2A19046 - Analyzed as received
Blank (2A19046-BLK1) Prepared & Analyzed: 01/19/22
Ammonia-Nitrogen ND 1.0 0.44 mg/Kg* wet
LCS (2A19046-BS1) Prepared & Analyzed: 01/19/22
Ammonia-Nitrogen 9.61 1.0 0.44 mg/Kg* wet 10.0 96 90-110 Matrix Spike (2A19046-MS1) Source: C2A0553-01 Prepared & Analyzed: 01/19/22 Ammonia-Nitrogen 6840 990 430 mg/Kg* dry 110 6810 NR 80-120 QM-4X Matrix Spike Dup (2A19046-MSD1) Source: C2A0553-01 Prepared & Analyzed: 01/19/22 Ammonia-Nitrogen 7000 990 430 mg/Kg* dry 110 6810 NR 80-120 2 20 QM-4X mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
235
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 7 of 14
Project Name:
08-Feb-2022
Work Order Number: C2A0553
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Quarterly Solids J/A/J/O
Adelanto WWTP
C2A0553
Result RDL Units Level
Spike
Result
Source
%REC
%REC
Limits RPD
RPD
Analyte(s) Limit Flag
Metals and Metalloids; EPA SW846 Series - Batch Quality Control Batch 2A06036 - EPA 3050B
Blank (2A06036-BLK1) Prepared: 01/10/22 Analyzed: 01/11/22 Antimony ND 1.0 0.43 mg/kg dry
Arsenic ND 1.0 0.23 mg/kg dry
Barium ND 1.0 0.24 mg/kg dry
Beryllium ND 1.0 0.078 mg/kg dry
Cadmium ND 1.0 0.18 mg/kg dry
Total Chromium ND 1.0 0.24 mg/kg dry
Cobalt ND 1.0 0.30 mg/kg dry
Copper ND 1.0 0.28 mg/kg dry
Lead ND 2.0 0.78 mg/kg dry
Manganese ND 10 5.6 mg/kg dry
Molybdenum ND 5.0 2.9 mg/kg dry
Nickel ND 1.0 0.43 mg/kg dry
Selenium ND 5.0 0.37 mg/kg dry
Thallium ND 1.0 0.11 mg/kg dry
Vanadium ND 1.0 0.83 mg/kg dry
Zinc ND 1.0 0.81 mg/kg dry
LCS (2A06036-BS1) Prepared: 01/10/22 Analyzed: 01/11/22 Antimony 196 1.0 0.43 mg/kg dry 200 98 79-132
Arsenic 197 1.0 0.23 mg/kg dry 200 99 80-127
Barium 196 1.0 0.24 mg/kg dry 200 98 80-120
Beryllium 202 1.0 0.078 mg/kg dry 200 101 79-124
Cadmium 193 1.0 0.18 mg/kg dry 200 96 80-122
Total Chromium 194 1.0 0.24 mg/kg dry 200 97 81-118
Cobalt 199 1.0 0.30 mg/kg dry 200 100 80-124
Copper 191 1.0 0.28 mg/kg dry 200 95 80-117
Lead 192 2.0 0.78 mg/kg dry 200 96 82-124
Manganese 196 10 5.6 mg/kg dry 200 98 84-122
Molybdenum 195 5.0 2.9 mg/kg dry 200 98 82-130
Nickel 198 1.0 0.43 mg/kg dry 200 99 81-117
Selenium 195 5.0 0.37 mg/kg dry 200 98 76-144
Thallium 203 1.0 0.11 mg/kg dry 200 101 75-118
Vanadium 189 1.0 0.83 mg/kg dry 200 95 82-122
Zinc 188 1.0 0.81 mg/kg dry 200 94 75-124
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
236
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 8 of 14
Project Name:
08-Feb-2022
Work Order Number: C2A0553
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Quarterly Solids J/A/J/O
Adelanto WWTP
C2A0553
Result RDL Units Level
Spike
Result
Source
%REC
%REC
Limits RPD
RPD
Analyte(s) Limit Flag
Metals and Metalloids; EPA SW846 Series - Batch Quality Control Batch 2A06036 - EPA 3050B
Duplicate (2A06036-DUP1) Source: C2A0553-01 Prepared: 01/10/22 Analyzed: 01/11/22 Antimony ND 2.0 0.87 mg/kg dry ND 20
Arsenic 6.99 2.0 0.47 mg/kg dry 6.73 4 20
Barium 104 2.0 0.49 mg/kg dry 101 3 20
Beryllium ND 2.0 0.16 mg/kg dry ND 20
Cadmium 1.17 2.0 0.35 mg/kg dry 1.19 1 20 J
Total Chromium 14.6 2.0 0.49 mg/kg dry 14.6 0.1 20
Cobalt 0.793 2.0 0.61 mg/kg dry 0.772 3 20 J
Copper 311 2.0 0.56 mg/kg dry 274 13 20
Lead 2.02 4.0 1.6 mg/kg dry 1.93 5 20 J
Manganese 73.2 20 11 mg/kg dry 72.5 0.9 20
Molybdenum 7.20 10 5.8 mg/kg dry 6.62 8 20 J
Nickel 5.97 2.0 0.86 mg/kg dry 5.57 7 20
Selenium 3.83 10 0.75 mg/kg dry 3.65 5 20 J
Thallium ND 2.0 0.22 mg/kg dry ND 20
Vanadium 65.5 2.0 1.7 mg/kg dry 65.6 0.1 20
Zinc 195 2.0 1.6 mg/kg dry 188 4 20
Duplicate (2A06036-DUP2) Source: C2A0553-01 Prepared: 01/10/22 Analyzed: 01/11/22 Antimony ND 5.0 2.2 mg/kg dry ND 20
Arsenic 6.87 5.0 1.2 mg/kg dry 6.73 2 20
Barium 100 5.0 1.2 mg/kg dry 101 1 20
Beryllium ND 5.0 0.39 mg/kg dry ND 20
Cadmium 1.41 5.0 0.88 mg/kg dry 1.19 17 20 J
Total Chromium 14.6 5.0 1.2 mg/kg dry 14.6 0.3 20
Cobalt ND 5.0 1.5 mg/kg dry ND 20
Copper 323 5.0 1.4 mg/kg dry 274 17 20
Lead ND 10 3.9 mg/kg dry ND 20
Manganese 74.3 50 28 mg/kg dry 72.5 2 20
Molybdenum ND 25 15 mg/kg dry ND 20
Nickel 6.03 5.0 2.2 mg/kg dry 5.57 8 20
Selenium 3.37 25 1.9 mg/kg dry 3.65 8 20 J
Thallium ND 5.0 0.54 mg/kg dry ND 20
Vanadium 65.4 5.0 4.1 mg/kg dry 65.6 0.3 20
Zinc 193 5.0 4.1 mg/kg dry 188 3 20
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
237
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 9 of 14
Project Name:
08-Feb-2022
Work Order Number: C2A0553
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Quarterly Solids J/A/J/O
Adelanto WWTP
C2A0553
Result RDL Units Level
Spike
Result
Source
%REC
%REC
Limits RPD
RPD
Analyte(s) Limit Flag
Metals and Metalloids; EPA SW846 Series - Batch Quality Control Batch 2A06036 - EPA 3050B
Matrix Spike (2A06036-MS1) Source: C2A0553-01 Prepared: 01/10/22 Analyzed: 01/11/22 Antimony 175 2.0 0.87 mg/kg dry 200 ND 88 10-156
Arsenic 199 2.0 0.47 mg/kg dry 200 6.73 96 77-131
Barium 292 2.0 0.49 mg/kg dry 200 101 96 61-132
Beryllium 192 2.0 0.16 mg/kg dry 200 ND 96 68-128
Cadmium 191 2.0 0.35 mg/kg dry 200 1.19 95 72-121
Total Chromium 201 2.0 0.49 mg/kg dry 200 14.6 93 60-129 Cobalt 192 2.0 0.61 mg/kg dry 200 0.772 96 64-128
Copper 503 2.0 0.56 mg/kg dry 200 274 115 36-141
Lead 190 4.0 1.6 mg/kg dry 200 1.93 94 60-126
Manganese 265 20 11 mg/kg dry 200 72.5 96 63-135
Molybdenum 195 10 5.8 mg/kg dry 200 6.62 94 60-140
Nickel 202 2.0 0.86 mg/kg dry 200 5.57 98 60-135
Selenium 197 10 0.75 mg/kg dry 200 3.65 97 73-141
Thallium 186 2.0 0.22 mg/kg dry 200 ND 93 57-122
Vanadium 250 2.0 1.7 mg/kg dry 200 65.6 92 66-136
Zinc 379 2.0 1.6 mg/kg dry 200 188 96 26-166
Matrix Spike Dup (2A06036-MSD1) Source: C2A0553-01 Prepared: 01/10/22 Analyzed: 01/11/22 Antimony 176 2.0 0.87 mg/kg dry 200 ND 88 10-156 0.4 20 Arsenic 202 2.0 0.47 mg/kg dry 200 6.73 98 77-131 1 20
Barium 285 2.0 0.49 mg/kg dry 200 101 92 61-132 3 20
Beryllium 196 2.0 0.16 mg/kg dry 200 ND 98 68-128 2 20
Cadmium 187 2.0 0.35 mg/kg dry 200 1.19 93 72-121 2 20
Total Chromium 205 2.0 0.49 mg/kg dry 200 14.6 95 60-129 2 20 Cobalt 192 2.0 0.61 mg/kg dry 200 0.772 96 64-128 0.06 20 Copper 507 2.0 0.56 mg/kg dry 200 274 117 36-141 0.8 20 Lead 188 4.0 1.6 mg/kg dry 200 1.93 93 60-126 0.9 20
Manganese 266 20 11 mg/kg dry 200 72.5 97 63-135 0.3 20 Molybdenum 191 10 5.8 mg/kg dry 200 6.62 92 60-140 2 20 Nickel 206 2.0 0.86 mg/kg dry 200 5.57 100 60-135 2 20
Selenium 201 10 0.75 mg/kg dry 200 3.65 99 73-141 2 20
Thallium 186 2.0 0.22 mg/kg dry 200 ND 93 57-122 0.05 20 Vanadium 250 2.0 1.7 mg/kg dry 200 65.6 92 66-136 0.1 20 Zinc 384 2.0 1.6 mg/kg dry 200 188 98 26-166 1 20
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
238
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 10 of 14
Project Name:
08-Feb-2022
Work Order Number: C2A0553
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Quarterly Solids J/A/J/O
Adelanto WWTP
C2A0553
Result RDL Units Level
Spike
Result
Source
%REC
%REC
Limits RPD
RPD
Analyte(s) Limit Flag
Metals and Metalloids; EPA SW846 Series - Batch Quality Control Batch 2A06037 - EPA 3050B
Blank (2A06037-BLK1) Prepared: 01/10/22 Analyzed: 01/13/22 Aluminum ND 10 3.6 mg/kg dry
Boron ND 50 1.3 mg/kg dry
Iron ND 20 1.9 mg/kg dry
LCS (2A06037-BS1) Prepared: 01/10/22 Analyzed: 01/13/22 Aluminum 2010 10 3.6 mg/kg dry 2200 91 72-120
Boron 914 50 1.3 mg/kg dry 1000 91 72-120
Iron 2040 20 1.9 mg/kg dry 2200 93 80-120
Matrix Spike (2A06037-MS1) Source: C2A0553-01 Prepared: 01/10/22 Analyzed: 01/13/22 Aluminum 8530 33 12 mg/kg dry 7240 1380 99 61-121
Boron 2810 160 4.3 mg/kg dry 3290 54.2 84 70-130
Iron 8440 66 6.4 mg/kg dry 7240 1670 94 36-178
Matrix Spike Dup (2A06037-MSD1) Source: C2A0553-01 Prepared: 01/10/22 Analyzed: 01/13/22 Aluminum 8760 33 12 mg/kg dry 7330 1380 101 61-121 3 25 Boron 2840 170 4.3 mg/kg dry 3330 54.2 84 70-130 1 25
Iron 8620 67 6.5 mg/kg dry 7330 1670 95 36-178 2 25
Batch 2A10037 - EPA 7471A
Blank (2A10037-BLK1) Prepared & Analyzed: 01/11/22
Mercury 0.00548 0.050 0.0045 mg/kg wet J
LCS (2A10037-BS1) Prepared & Analyzed: 01/11/22
Mercury 0.199 0.050 0.0045 mg/kg wet 0.200 100 77-115
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
239
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 11 of 14
Project Name:
08-Feb-2022
Work Order Number: C2A0553
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Quarterly Solids J/A/J/O
Adelanto WWTP
C2A0553
Result RDL Units Level
Spike
Result
Source
%REC
%REC
Limits RPD
RPD
Analyte(s) Limit Flag
Metals and Metalloids; EPA SW846 Series - Batch Quality Control Batch 2A10037 - EPA 7471A
Matrix Spike (2A10037-MS1) Source: C2A0593-01 Prepared & Analyzed: 01/11/22 Mercury 2.64 0.66 0.060 mg/kg dry 2.64 0.340 87 22-150
Matrix Spike Dup (2A10037-MSD1) Source: C2A0593-01 Prepared & Analyzed: 01/11/22 Mercury 2.08 0.66 0.060 mg/kg dry 2.63 0.340 66 22-150 24 25 mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
240
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 12 of 14
Project Name:
08-Feb-2022
Work Order Number: C2A0553
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Quarterly Solids J/A/J/O
Adelanto WWTP
C2A0553
Result RDL Units Level
Spike
Result
Source
%REC
%REC
Limits RPD
RPD
Analyte(s) Limit Flag
Multiple Tube Fermentation - Multiple Dilution - SM 9221 B, E, F series - Batch Quality Control Batch 2A06019 - BT-Analyzed as rec
Duplicate (2A06019-DUP1) Source: C2A0553-01 Prepared & Analyzed: 01/05/22 Total Coliform 1820000 99000 99000 MPN/g dry 7160000 119 252 Fecal Coliform 430000 99000 99000 MPN/g dry 772000 57 200 mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
241
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 13 of 14
Project Name:
08-Feb-2022
Work Order Number: C2A0553
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Quarterly Solids J/A/J/O
Adelanto WWTP
C2A0553
Notes and Definitions
J Estimated value
N_RLm Due to sample matrix, the reporting limit has been raised.

N_WEX Analyte determined on a 1:10 water extract from the sample.

QM-4X Due to analyte concentration greater than or equal to 4 times the spike concentration, recoveries for the MS and/or MSD did not meet laboratory acceptance criteria.

Approval
cc:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 14 of 14
Project Name:
08-Feb-2022
Work Order Number: C2A0553
Received on Ice (Y/N): Yes Temp: °C 2
PERC - Quarterly Solids J/A/J/O
Adelanto WWTP
C2A0553
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
243
Client Name:

Report Date:

Adelanto, CA 92301
Contact:

Address:
08-Feb-2022
Analytical Report:

Project Number:

Page 1 of 2 ends

Project Name:

Work Order Number:

Received on Ice (Y/N): Yes Temp: °C 2
PERC Water Corp
Dave Kachelski
19101 Jonathan St.

PERC - Quarterly Solids J/A/J/O
Adelanto WWTP
C2A0643
Attached is the analytical report for the sample(s) received for your project. Below is a list of the individual sample descriptions with the corresponding laboratory number(s). Also, enclosed is a copy of the Chain of Custody document (if received with your sample(s)). Please note any unused portion of the sample(s) may be responsibly discarded after 30 days from the above report date, unless you have requested otherwise.

Thank you for the opportunity to serve your analytical needs. If you have any questions or concerns regarding this report please contact our client service department.

Lab Sample # Client Sample ID Matrix Date Sampled
Sample Identification
By Date Submitted By
C2A0643-01 Sludge 1/5/22 8:35 Tristan Hause 1/5/22 14:46 Courier (Lisa Penunuri) - DE
Biosolids ---ROUTINE---
Note: Requested Hexavalent Chromium analysis was subcontracted to Eurofins Calscience. e-Case Narrative+ COC.rpt
This report applies only to the sample(s) analyzed. As a mutual protection to clients, the public, and Babcock Laboratories, Inc., this report is submitted and accepted for the exclusive use of the Client to whom it is addressed. Interpretation and use of the information contained within this report are the sole responsibility of the Client. Babcock Laboratories, Inc. is not responsible for any misinformation or consequences that may result from misinterpretation or improper use of this report. This report is not to be modified or abbreviated in any way.

Approval
cc:

Alexis Nicole Harold For Cindy A. Waddell

Page 1 of 2 ends

mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
244
Client Name:

Report Date:

Adelanto, CA 92301
Contact:

Address:
08-Feb-2022
Analytical Report:

Project Number:

Page 2 of 2 ends

Project Name:

Work Order Number:

Received on Ice (Y/N): Yes Temp: °C 2
PERC Water Corp
Dave Kachelski
19101 Jonathan St.

PERC - Quarterly Solids J/A/J/O
Adelanto WWTP
C2A0643

Page 2 of 2 ends

ANALYTICAL REPORT
Eurofins Calscience
7440 Lincoln Way
Garden Grove, CA 92841
Tel: (714)895-5494
Laboratory Job ID: 570-81246-1
Client Project/Site: C2A0643
For:

Babcock Laboratories, Inc.
6100 Quail Valley Court
Riverside, California 92507
Attn: Cindy A Waddell
Authorized for release by:
1/18/2022 1:46:09 PM
Carla Hollowell, Project Manager I
(714)895-5494
[email protected]
The test results in this report meet all 2003 NELAC, 2009 TNI, and 2016 TNI requirements for accredited parameters, exceptions are noted in this report. This report may not be reproduced except in full, and with written approval from the laboratory. For questions please contact the Project Manager at the e-mail address or telephone number listed on this page.

This report has been electronically signed and authorized by the signatory. Electronic signature is intended to be the legally binding equivalent of a traditionally handwritten signature.

Results relate only to the items tested and the sample(s) as received by the laboratory. 1 2
3 4
5 6
7 8
9 10
11 12
246
Table of Contents
Client: Babcock Laboratories, Inc.

Project/Site: C2A0643
Laboratory Job ID: 570-81246-1

Page 2 of 15 ends

Eurofins Calscience
1/18/2022
Cover Page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Table of Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Definitions/Glossary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Case Narrative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Client Sample Results . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 QC Sample Results . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Lab Chronicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Certification Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Method Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Sample Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Chain of Custody . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Receipt Checklists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 1 2
3 4
5 6
7 8
9 10
11 12
247
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Page 15 of 15 ends

1 2
3 4
5 6
7 8
9 10
11 12
260
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 1 of 9
Project Name:
24-Jan-2022
Work Order Number: C2A1436
Received on Ice (Y/N): Yes Temp: °C 4
PERC - Weekly WW
Adelanto WWTP
C2A1436
Attached is the analytical report for the sample(s) received for your project. Below is a list of the individual sample descriptions with the corresponding laboratory number(s). Also, enclosed is a copy of the Chain of Custody document (if received with your sample(s)). Please note any unused portion of the sample(s) may be responsibly discarded after 30 days from the above report date, unless you have requested otherwise.

Thank you for the opportunity to serve your analytical needs. If you have any questions or concerns regarding this report please contact our client service department.

Sample Identification
Lab Sample # Client Sample ID Matrix Date Sampled By Date Submitted By C2A1436-01 Liquid 01/12/22 6:05 Tristan Hause Courier (Lisa Penunuri) - DE
Influent ---ROUTINE--- 01/12/22 13:16
C2A1436-02 Liquid 01/12/22 6:15 Tristan Hause Courier (Lisa Penunuri) - DE
Effluent ---ROUTINE--- 01/12/22 13:16
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
261
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 2 of 9
Project Name:
24-Jan-2022
Work Order Number: C2A1436
Received on Ice (Y/N): Yes Temp: °C 4
PERC - Weekly WW
Adelanto WWTP
C2A1436
Laboratory Reference Number
Sample Description
01/12/22 06:05
Sampled Date/Time Received Date/Time
01/12/22 13:16
Matrix
Influent Liquid
C2A1436-01
Analyte(s) Result RDL MDL Units Method Analysis Date Analyst Flag Solids
Total Suspended Solids 210 10 mg/L SM 2540D 01/18/22 16:36 RRC Aggregate Organic Compounds
Biochemical Oxygen Demand 210 50 mg/L SM 5210B 01/12/22 22:42 DFL Nutrients
Ammonia-Nitrogen 35 5.1 mg/L SM4500NH3H
G

0.5 01/19/22 16:01 TRS
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
262
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 3 of 9
Project Name:
24-Jan-2022
Work Order Number: C2A1436
Received on Ice (Y/N): Yes Temp: °C 4
PERC - Weekly WW
Adelanto WWTP
C2A1436
Laboratory Reference Number
Sample Description
01/12/22 06:15
Sampled Date/Time Received Date/Time
01/12/22 13:16
Matrix
Effluent Liquid
C2A1436-02
Analyte(s) Result RDL MDL Units Method Analysis Date Analyst Flag Anions
Nitrate as N 0.50 0.20 mg/L EPA 300.0 01/13/22 14:42 KJN Nitrite as N ND 0.1 mg/L EPA 300.0 01/13/22 14:42 KJN
Solids
Total Suspended Solids 7 2 mg/L SM 2540D 01/18/22 16:36 RRC Aggregate Organic Compounds
Biochemical Oxygen Demand 5.2 2.5 mg/L SM 5210B 01/12/22 22:45 DFL Nutrients
Kjeldahl Nitrogen 3.3 0.4 mg/L EPA 351.2 01/19/22 18:53 TRS Total Nitrogen 3.8 0.70 mg/L Calculation
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
263
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 4 of 9
Project Name:
24-Jan-2022
Work Order Number: C2A1436
Received on Ice (Y/N): Yes Temp: °C 4
PERC - Weekly WW
Adelanto WWTP
C2A1436
Result RDL Units Level
Spike
Result
Source
%REC
%REC
Limits RPD
RPD
Analyte(s) Limit Flag
Anions - Batch Quality Control
Batch 2A12062 - Analyzed as Received IC
Blank (2A12062-BLK1) Prepared & Analyzed: 01/13/22
Nitrite as N ND 0.1 mg/L
Nitrate as N ND 0.20 mg/L
LCS (2A12062-BS1) Prepared & Analyzed: 01/13/22
Nitrite as N 2.38 0.1 mg/L 2.50 95 90-110
Nitrate as N 5.61 0.20 mg/L 5.65 99 90-110
Matrix Spike (2A12062-MS1) Source: C2A1401-01 Prepared & Analyzed: 01/13/22 Nitrite as N 2.20 0.1 mg/L 2.50 ND 88 80-120
Nitrate as N 6.21 0.20 mg/L 5.65 0.474 102 75-131
Matrix Spike (2A12062-MS2) Source: C2A1088-01RE1 Prepared & Analyzed: 01/12/22 Nitrite as N 1.46 0.1 mg/L 2.50 ND 59 80-120 QMint
Nitrate as N 10.9 0.20 mg/L 5.65 4.89 106 75-131
Matrix Spike Dup (2A12062-MSD1) Source: C2A1401-01 Prepared & Analyzed: 01/13/22 Nitrite as N 2.24 0.1 mg/L 2.50 ND 90 80-120 2 20
Nitrate as N 6.33 0.20 mg/L 5.65 0.474 104 75-131 2 20
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
264
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 5 of 9
Project Name:
24-Jan-2022
Work Order Number: C2A1436
Received on Ice (Y/N): Yes Temp: °C 4
PERC - Weekly WW
Adelanto WWTP
C2A1436
Result RDL Units Level
Spike
Result
Source
%REC
%REC
Limits RPD
RPD
Analyte(s) Limit Flag
Solids - Batch Quality Control
Batch 2A18047 - Analyzed as received
Blank (2A18047-BLK1) Prepared & Analyzed: 01/18/22
Total Suspended Solids ND 0.5 mg/L
Duplicate (2A18047-DUP1) Source: C2A1442-01 Prepared & Analyzed: 01/18/22 Total Suspended Solids 420 50 mg/L 380 10 25
Duplicate (2A18047-DUP2) Source: C2A1522-02 Prepared & Analyzed: 01/18/22 Total Suspended Solids ND 2 mg/L ND 25
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
265
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 6 of 9
Project Name:
24-Jan-2022
Work Order Number: C2A1436
Received on Ice (Y/N): Yes Temp: °C 4
PERC - Weekly WW
Adelanto WWTP
C2A1436
Result RDL Units Level
Spike
Result
Source
%REC
%REC
Limits RPD
RPD
Analyte(s) Limit Flag
Aggregate Organic Compounds - Batch Quality Control
Batch 2A12063 - Analyzed as received
Blank (2A12063-BLK1) Prepared & Analyzed: 01/12/22
Biochemical Oxygen
Demand
ND 1.0 mg/L
Blank (2A12063-BLK2) Prepared & Analyzed: 01/12/22
Biochemical Oxygen
Demand
ND 1.0 mg/L
LCS (2A12063-BS1) Prepared & Analyzed: 01/12/22
Biochemical Oxygen
Demand
214 50 mg/L 198 108 85-115
Duplicate (2A12063-DUP1) Source: C2A1285-01 Prepared & Analyzed: 01/12/22 Biochemical Oxygen
Demand
245 50 mg/L 242 1 20
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
266
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 7 of 9
Project Name:
24-Jan-2022
Work Order Number: C2A1436
Received on Ice (Y/N): Yes Temp: °C 4
PERC - Weekly WW
Adelanto WWTP
C2A1436
Result RDL Units Level
Spike
Result
Source
%REC
%REC
Limits RPD
RPD
Analyte(s) Limit Flag
Nutrients - Batch Quality Control
Batch 2A19020 - Acid Digest
Blank (2A19020-BLK1) Prepared & Analyzed: 01/19/22
Kjeldahl Nitrogen ND 0.1 mg/L
LCS (2A19020-BS1) Prepared & Analyzed: 01/19/22
Kjeldahl Nitrogen 0.999 0.1 mg/L 1.00 100 80-120
Matrix Spike (2A19020-MS1) Source: C2A0505-02 Prepared & Analyzed: 01/19/22 Kjeldahl Nitrogen 1.27 0.1 mg/L 1.00 0.477 80 42-154
Matrix Spike Dup (2A19020-MSD1) Source: C2A0505-02 Prepared & Analyzed: 01/19/22 Kjeldahl Nitrogen 1.25 0.1 mg/L 1.00 0.477 78 42-154 2 25 Batch 2A19041 - Ammonia - As Received
Blank (2A19041-BLK1) Prepared & Analyzed: 01/19/22
Ammonia-Nitrogen ND 0.1 0.01 mg/L
LCS (2A19041-BS1) Prepared & Analyzed: 01/19/22
Ammonia-Nitrogen 1.00 0.1 0.01 mg/L 1.00 100 90-110
Matrix Spike (2A19041-MS1) Source: C2A0919-01 Prepared & Analyzed: 01/19/22 Ammonia-Nitrogen 0.988 0.1 0.01 mg/L 1.00 ND 99 80-120
Matrix Spike Dup (2A19041-MSD1) Source: C2A0919-01 Prepared & Analyzed: 01/19/22 Ammonia-Nitrogen 0.942 0.1 0.01 mg/L 1.00 ND 94 80-120 5 20 mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
267
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 8 of 9
Project Name:
24-Jan-2022
Work Order Number: C2A1436
Received on Ice (Y/N): Yes Temp: °C 4
PERC - Weekly WW
Adelanto WWTP
C2A1436
Notes and Definitions
QMint Due to matrix interference, the MS and/or MSD did not meet laboratory acceptance criteria.

Approval
cc:

Cindy A. Waddell
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
268
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 9 of 9
Project Name:
24-Jan-2022
Work Order Number: C2A1436
Received on Ice (Y/N): Yes Temp: °C 4
PERC - Weekly WW
Adelanto WWTP
C2A1436
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
269
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 1 of 6
Project Name:
09-Feb-2022
Work Order Number: C2A1450
Received on Ice (Y/N): Yes Temp: °C 4
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C2A1450
Attached is the analytical report for the sample(s) received for your project. Below is a list of the individual sample descriptions with the corresponding laboratory number(s). Also, enclosed is a copy of the Chain of Custody document (if received with your sample(s)). Please note any unused portion of the sample(s) may be responsibly discarded after 30 days from the above report date, unless you have requested otherwise.

Thank you for the opportunity to serve your analytical needs. If you have any questions or concerns regarding this report please contact our client service department.

Sample Identification
Lab Sample # Client Sample ID Matrix Date Sampled By Date Submitted By C2A1450-01 Liquid 01/12/22 7:12 Tristan Hause Courier (Lisa Penunuri) - DE
Pond #1 ---ROUTINE--- 01/12/22 13:16
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
270
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 2 of 6
Project Name:
09-Feb-2022
Work Order Number: C2A1450
Received on Ice (Y/N): Yes Temp: °C 4
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C2A1450
Laboratory Reference Number
Sample Description
01/12/22 07:12
Sampled Date/Time Received Date/Time
01/12/22 13:16
Matrix
Pond #1 Liquid
C2A1450-01
Analyte(s) Result RDL MDL Units Method Analysis Date Analyst Flag Anions
Nitrate as N 0.18 0.20 0.16 mg/L EPA 300.0 01/12/22 21:47 KJN J Nitrite as N ND 0.1 0.09 mg/L EPA 300.0 01/12/22 21:47 KJN Nutrients
Kjeldahl Nitrogen 6.0 0.2 0.2 mg/L EPA 351.2 01/19/22 18:53 TRS Total Nitrogen 6.2 0.50 mg/L Calculation
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
271
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 3 of 6
Project Name:
09-Feb-2022
Work Order Number: C2A1450
Received on Ice (Y/N): Yes Temp: °C 4
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C2A1450
Result RDL Units Level
Spike
Result
Source
%REC
%REC
Limits RPD
RPD
Analyte(s) Limit Flag
Anions - Batch Quality Control
Batch 2A12033 - Analyzed as Received IC
Blank (2A12033-BLK1) Prepared & Analyzed: 01/12/22
Nitrite as N ND 0.1 0.09 mg/L
Nitrate as N ND 0.20 0.16 mg/L
LCS (2A12033-BS1) Prepared & Analyzed: 01/12/22
Nitrite as N 2.32 0.1 0.09 mg/L 2.50 93 90-110
Nitrate as N 5.36 0.20 0.16 mg/L 5.65 95 90-110
Matrix Spike (2A12033-MS1) Source: C2A1451-08 Prepared & Analyzed: 01/13/22 Nitrite as N 2.00 0.1 0.09 mg/L 2.50 ND 80 80-120
Nitrate as N 8.66 0.20 0.16 mg/L 5.65 2.84 103 75-131
Matrix Spike (2A12033-MS2) Source: C2A1121-01RE1 Prepared & Analyzed: 01/13/22 Nitrite as N 1.47 0.1 0.09 mg/L 2.50 ND 59 80-120 QMint Nitrate as N 8.87 0.20 0.16 mg/L 5.65 3.02 103 75-131
Matrix Spike Dup (2A12033-MSD1) Source: C2A1451-08 Prepared & Analyzed: 01/13/22 Nitrite as N 1.98 0.1 0.09 mg/L 2.50 ND 79 80-120 0.7 20 QMS(D) Nitrate as N 8.67 0.20 0.16 mg/L 5.65 2.84 103 75-131 0.2 20 mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
272
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 4 of 6
Project Name:
09-Feb-2022
Work Order Number: C2A1450
Received on Ice (Y/N): Yes Temp: °C 4
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C2A1450
Result RDL Units Level
Spike
Result
Source
%REC
%REC
Limits RPD
RPD
Analyte(s) Limit Flag
Nutrients - Batch Quality Control
Batch 2A19020 - Acid Digest
Blank (2A19020-BLK1) Prepared & Analyzed: 01/19/22
Kjeldahl Nitrogen ND 0.1 0.09 mg/L
LCS (2A19020-BS1) Prepared & Analyzed: 01/19/22
Kjeldahl Nitrogen 0.999 0.1 0.09 mg/L 1.00 100 80-120
Matrix Spike (2A19020-MS1) Source: C2A0505-02 Prepared & Analyzed: 01/19/22 Kjeldahl Nitrogen 1.27 0.1 0.09 mg/L 1.00 0.477 80 42-154 Matrix Spike Dup (2A19020-MSD1) Source: C2A0505-02 Prepared & Analyzed: 01/19/22 Kjeldahl Nitrogen 1.25 0.1 0.09 mg/L 1.00 0.477 78 42-154 2 25 mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
273
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 5 of 6
Project Name:
09-Feb-2022
Work Order Number: C2A1450
Received on Ice (Y/N): Yes Temp: °C 4
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C2A1450
Notes and Definitions
J Estimated value
QMint Due to matrix interference, the MS and/or MSD did not meet laboratory acceptance criteria.

QMS(D) Matrix spike recovery was out of acceptance criteria. Precision and accuracy demonstrated by remaining matrix spike results.

Approval
cc:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 6 of 6
Project Name:
09-Feb-2022
Work Order Number: C2A1450
Received on Ice (Y/N): Yes Temp: °C 4
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C2A1450
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
275
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 1 of 10
Project Name:
07-Feb-2022
Work Order Number: C2A2183
Received on Ice (Y/N): Yes Temp: °C 8
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C2A2183
Attached is the analytical report for the sample(s) received for your project. Below is a list of the individual sample descriptions with the corresponding laboratory number(s). Also, enclosed is a copy of the Chain of Custody document (if received with your sample(s)). Please note any unused portion of the sample(s) may be responsibly discarded after 30 days from the above report date, unless you have requested otherwise.

Thank you for the opportunity to serve your analytical needs. If you have any questions or concerns regarding this report please contact our client service department.

Sample Identification
Lab Sample # Client Sample ID Matrix Date Sampled By Date Submitted By C2A2183-01 Liquid 01/19/22 6:16 Tristan Hause Courier (Lisa Penunuri) - DE
Influent Wastewater 01/19/22 13:39
C2A2183-02 Liquid 01/19/22 6:20 Tristan Hause Courier (Lisa Penunuri) - DE
Effluent ---ROUTINE--- 01/19/22 13:39
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
276
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 2 of 10
Project Name:
07-Feb-2022
Work Order Number: C2A2183
Received on Ice (Y/N): Yes Temp: °C 8
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C2A2183
Laboratory Reference Number
Sample Description
01/19/22 06:16
Sampled Date/Time Received Date/Time
01/19/22 13:39
Matrix
Influent Liquid
C2A2183-01
Analyte(s) Result RDL MDL Units Method Analysis Date Analyst Flag Solids
Total Dissolved Solids 640 10 10 mg/L SM 2540C 01/24/22 13:26 YVD Total Suspended Solids 160 10 10 mg/L SM 2540D 01/25/22 21:00 RRC Aggregate Organic Compounds
Biochemical Oxygen Demand 240 50 50 mg/L SM 5210B 01/19/22 23:27 DFL Nutrients
Ammonia-Nitrogen 40 5.1 mg/L SM4500NH3H
G

0.5 01/25/22 19:44 TRS
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
277
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 3 of 10
Project Name:
07-Feb-2022
Work Order Number: C2A2183
Received on Ice (Y/N): Yes Temp: °C 8
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C2A2183
Laboratory Reference Number
Sample Description
01/19/22 06:20
Sampled Date/Time Received Date/Time
01/19/22 13:39
Matrix
Effluent Liquid
C2A2183-02
Analyte(s) Result RDL MDL Units Method Analysis Date Analyst Flag Anions
Nitrate as N 0.52 0.20 0.16 mg/L EPA 300.0 01/19/22 23:25 KJN Nitrite as N 0.1 0.1 0.09 mg/L EPA 300.0 01/19/22 23:25 KJN Solids
Total Dissolved Solids 570 10 10 mg/L SM 2540C 01/24/22 13:26 YVD Total Suspended Solids 7 2 2 mg/L SM 2540D 01/25/22 21:00 RRC Aggregate Organic Compounds
Biochemical Oxygen Demand ND 10 10 mg/L SM 5210B 01/19/22 23:30 DFL Surfactants
MBAS 0.09 0.08 0.03 mg/L SM 5540C 01/20/22 08:28 TJK
Nutrients
Kjeldahl Nitrogen 5.5 0.4 0.4 mg/L EPA 351.2 01/27/22 19:15 TRS Total Nitrogen 6.1 0.70 mg/L Calculation
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
278
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 4 of 10
Project Name:
07-Feb-2022
Work Order Number: C2A2183
Received on Ice (Y/N): Yes Temp: °C 8
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C2A2183
Result RDL Units Level
Spike
Result
Source
%REC
%REC
Limits RPD
RPD
Analyte(s) Limit Flag
Anions - Batch Quality Control
Batch 2A19031 - Analyzed as Received IC
Blank (2A19031-BLK1) Prepared & Analyzed: 01/19/22
Nitrite as N ND 0.1 0.09 mg/L
Nitrate as N ND 0.20 0.16 mg/L
LCS (2A19031-BS1) Prepared & Analyzed: 01/19/22
Nitrite as N 2.45 0.1 0.09 mg/L 2.50 98 90-110
Nitrate as N 5.59 0.20 0.16 mg/L 5.65 99 90-110
Matrix Spike (2A19031-MS1) Source: C2A2041-01 Prepared & Analyzed: 01/19/22 Nitrite as N 2.58 0.1 0.09 mg/L 2.50 0.122 98 80-120
Nitrate as N 23.6 0.20 0.16 mg/L 5.65 17.6 106 75-131
Matrix Spike (2A19031-MS2) Source: C2A2049-01 Prepared & Analyzed: 01/19/22 Nitrite as N 2.40 0.1 0.09 mg/L 2.50 ND 96 80-120
Nitrate as N 5.54 0.20 0.16 mg/L 5.65 ND 98 75-131
Matrix Spike Dup (2A19031-MSD1) Source: C2A2041-01 Prepared & Analyzed: 01/19/22 Nitrite as N 2.59 0.1 0.09 mg/L 2.50 0.122 99 80-120 0.7 20 Nitrate as N 23.6 0.20 0.16 mg/L 5.65 17.6 107 75-131 0.09 20 mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
279
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 5 of 10
Project Name:
07-Feb-2022
Work Order Number: C2A2183
Received on Ice (Y/N): Yes Temp: °C 8
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C2A2183
Result RDL Units Level
Spike
Result
Source
%REC
%REC
Limits RPD
RPD
Analyte(s) Limit Flag
Solids - Batch Quality Control
Batch 2A24027 - Analyzed as received
Blank (2A24027-BLK1) Prepared & Analyzed: 01/24/22
Total Dissolved Solids ND 10 10 mg/L
Duplicate (2A24027-DUP1) Source: C2A2021-01 Prepared & Analyzed: 01/24/22 Total Dissolved Solids 624 10 10 mg/L 612 2 20
Duplicate (2A24027-DUP2) Source: C2A2049-02 Prepared & Analyzed: 01/24/22 Total Dissolved Solids 494 10 10 mg/L 499 1 20
Batch 2A25074 - Analyzed as received
Blank (2A25074-BLK1) Prepared & Analyzed: 01/25/22
Total Suspended Solids ND 0.5 0.5 mg/L
Duplicate (2A25074-DUP1) Source: C2A2231-01 Prepared & Analyzed: 01/25/22 Total Suspended Solids 190 50 50 mg/L 330 54 25 QRPDl
Duplicate (2A25074-DUP2) Source: C2A2232-01 Prepared & Analyzed: 01/25/22 Total Suspended Solids 188 20 20 mg/L 192 2 25
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
280
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 6 of 10
Project Name:
07-Feb-2022
Work Order Number: C2A2183
Received on Ice (Y/N): Yes Temp: °C 8
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C2A2183
Result RDL Units Level
Spike
Result
Source
%REC
%REC
Limits RPD
RPD
Analyte(s) Limit Flag
Aggregate Organic Compounds - Batch Quality Control
Batch 2A19082 - Analyzed as received
Blank (2A19082-BLK1) Prepared & Analyzed: 01/19/22
Biochemical Oxygen
Demand
ND 1.0 1.0 mg/L
LCS (2A19082-BS1) Prepared & Analyzed: 01/19/22
Biochemical Oxygen
Demand
205 50 50 mg/L 198 103 85-115
Duplicate (2A19082-DUP1) Source: C2A2156-02 Prepared & Analyzed: 01/19/22 Biochemical Oxygen
Demand
225 50 50 mg/L 230 2 20
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
281
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 7 of 10
Project Name:
07-Feb-2022
Work Order Number: C2A2183
Received on Ice (Y/N): Yes Temp: °C 8
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C2A2183
Result RDL Units Level
Spike
Result
Source
%REC
%REC
Limits RPD
RPD
Analyte(s) Limit Flag
Surfactants - Batch Quality Control
Batch 2A20007 - Solvent Extraction.

Blank (2A20007-BLK1) Prepared & Analyzed: 01/20/22
MBAS ND 0.08 0.03 mg/L
LCS (2A20007-BS1) Prepared & Analyzed: 01/20/22
MBAS 0.474 0.08 0.03 mg/L 0.400 118 53-157
Matrix Spike (2A20007-MS1) Source: C2A2196-01 Prepared & Analyzed: 01/20/22 MBAS 0.584 0.20 0.09 mg/L 0.500 ND 117 43-150
Matrix Spike Dup (2A20007-MSD1) Source: C2A2196-01 Prepared & Analyzed: 01/20/22 MBAS 0.579 0.20 0.09 mg/L 0.500 ND 116 43-150 0.8 30
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
282
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 8 of 10
Project Name:
07-Feb-2022
Work Order Number: C2A2183
Received on Ice (Y/N): Yes Temp: °C 8
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C2A2183
Result RDL Units Level
Spike
Result
Source
%REC
%REC
Limits RPD
RPD
Analyte(s) Limit Flag
Nutrients - Batch Quality Control
Batch 2A25046 - Acid Digest
Blank (2A25046-BLK1) Prepared: 01/25/22 Analyzed: 01/27/22 Kjeldahl Nitrogen ND 0.1 0.09 mg/L
LCS (2A25046-BS1) Prepared: 01/25/22 Analyzed: 01/27/22 Kjeldahl Nitrogen 0.953 0.1 0.09 mg/L 1.00 95 80-120
Duplicate (2A25046-DUP1) Source: C2A2716-01 Prepared: 01/25/22 Analyzed: 01/27/22 Kjeldahl Nitrogen 0.179 0.1 0.09 mg/L 0.197 10 25
Matrix Spike (2A25046-MS1) Source: C2A2716-01 Prepared: 01/25/22 Analyzed: 01/27/22 Kjeldahl Nitrogen 1.14 0.1 0.09 mg/L 1.00 0.197 95 42-154 Matrix Spike Dup (2A25046-MSD1) Source: C2A2716-01 Prepared: 01/25/22 Analyzed: 01/27/22 Kjeldahl Nitrogen 1.21 0.1 0.09 mg/L 1.00 0.197 101 42-154 6 25 Batch 2A25080 - Ammonia - As Received
Blank (2A25080-BLK1) Prepared & Analyzed: 01/25/22
Ammonia-Nitrogen ND 0.1 0.01 mg/L
LCS (2A25080-BS1) Prepared & Analyzed: 01/25/22
Ammonia-Nitrogen 1.04 0.1 0.01 mg/L 1.00 104 90-110
Matrix Spike (2A25080-MS1) Source: C2A1087-01 Prepared & Analyzed: 01/25/22 Ammonia-Nitrogen 3.86 0.5 0.05 mg/L 1.00 2.83 102 80-120 Matrix Spike Dup (2A25080-MSD1) Source: C2A1087-01 Prepared & Analyzed: 01/25/22 Ammonia-Nitrogen 3.74 0.5 0.05 mg/L 1.00 2.83 91 80-120 3 20 mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
283
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 9 of 10
Project Name:
07-Feb-2022
Work Order Number: C2A2183
Received on Ice (Y/N): Yes Temp: °C 8
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C2A2183
Notes and Definitions
J Estimated value
QRPDl Analyte concentration was below range for valid RPD determination.

Approval
cc:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 10 of 10
Project Name:
07-Feb-2022
Work Order Number: C2A2183
Received on Ice (Y/N): Yes Temp: °C 8
PERC - Weekly/BiWeekly WW
Adelanto WWTP
C2A2183
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
285
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 1 of 9
Project Name:
11-Feb-2022
Work Order Number: C2A2941
Received on Ice (Y/N): Yes Temp: °C 9
PERC - Weekly WW
Adelanto WWTP
C2A2941
Attached is the analytical report for the sample(s) received for your project. Below is a list of the individual sample descriptions with the corresponding laboratory number(s). Also, enclosed is a copy of the Chain of Custody document (if received with your sample(s)). Please note any unused portion of the sample(s) may be responsibly discarded after 30 days from the above report date, unless you have requested otherwise.

Thank you for the opportunity to serve your analytical needs. If you have any questions or concerns regarding this report please contact our client service department.

Sample Identification
Lab Sample # Client Sample ID Matrix Date Sampled By Date Submitted By C2A2941-01 Liquid 01/26/22 6:05 Tristan Hause Courier (Lisa Penunuri) - DE
Influent ---ROUTINE--- 01/26/22 13:07
C2A2941-02 Liquid 01/26/22 6:15 Tristan Hause Courier (Lisa Penunuri) - DE
Effluent ---ROUTINE--- 01/26/22 13:07
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
286
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 2 of 9
Project Name:
11-Feb-2022
Work Order Number: C2A2941
Received on Ice (Y/N): Yes Temp: °C 9
PERC - Weekly WW
Adelanto WWTP
C2A2941
Laboratory Reference Number
Sample Description
01/26/22 06:05
Sampled Date/Time Received Date/Time
01/26/22 13:07
Matrix
Influent Liquid
C2A2941-01
Analyte(s) Result RDL MDL Units Method Analysis Date Analyst Flag Solids
Total Suspended Solids 210 10 10 mg/L SM 2540D 01/31/22 08:17 TJK Aggregate Organic Compounds
Biochemical Oxygen Demand 200 50 50 mg/L SM 5210B 01/26/22 21:26 DFL Nutrients
Ammonia-Nitrogen 40 5.1 mg/L SM4500NH3H
G

0.5 01/31/22 12:13 DNF N_pVpH
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
287
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 3 of 9
Project Name:
11-Feb-2022
Work Order Number: C2A2941
Received on Ice (Y/N): Yes Temp: °C 9
PERC - Weekly WW
Adelanto WWTP
C2A2941
Laboratory Reference Number
Sample Description
01/26/22 06:15
Sampled Date/Time Received Date/Time
01/26/22 13:07
Matrix
Effluent Liquid
C2A2941-02
Analyte(s) Result RDL MDL Units Method Analysis Date Analyst Flag Anions
Nitrate as N 0.53 0.20 0.16 mg/L EPA 300.0 01/26/22 22:16 KBS Nitrite as N ND 0.1 0.09 mg/L EPA 300.0 01/26/22 22:16 KBS Solids
Total Suspended Solids 7 2 2 mg/L SM 2540D 01/31/22 08:17 TJK Aggregate Organic Compounds
Biochemical Oxygen Demand ND 5.0 5.0 mg/L SM 5210B 01/26/22 21:30 DFL Nutrients
Kjeldahl Nitrogen 2.4 0.4 0.4 mg/L EPA 351.2 02/02/22 16:14 TRS Total Nitrogen 3.0 0.70 mg/L Calculation
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
288
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 4 of 9
Project Name:
11-Feb-2022
Work Order Number: C2A2941
Received on Ice (Y/N): Yes Temp: °C 9
PERC - Weekly WW
Adelanto WWTP
C2A2941
Result RDL Units Level
Spike
Result
Source
%REC
%REC
Limits RPD
RPD
Analyte(s) Limit Flag
Anions - Batch Quality Control
Batch 2A26030 - Analyzed as Received IC
Blank (2A26030-BLK1) Prepared & Analyzed: 01/26/22
Nitrite as N ND 0.1 0.09 mg/L
Nitrate as N ND 0.20 0.16 mg/L
LCS (2A26030-BS1) Prepared & Analyzed: 01/26/22
Nitrite as N 2.25 0.1 0.09 mg/L 2.50 90 90-110
Nitrate as N 5.29 0.20 0.16 mg/L 5.65 94 90-110
Matrix Spike (2A26030-MS1) Source: C2A2749-01 Prepared & Analyzed: 01/26/22 Nitrite as N 2.26 0.1 0.09 mg/L 2.50 ND 90 80-120
Nitrate as N 11.5 0.20 0.16 mg/L 5.65 5.69 103 75-131
Matrix Spike (2A26030-MS2) Source: C2A2838-01 Prepared & Analyzed: 01/26/22 Nitrite as N 2.03 0.1 0.09 mg/L 2.50 ND 81 80-120
Nitrate as N 5.09 0.20 0.16 mg/L 5.65 ND 90 75-131
Matrix Spike Dup (2A26030-MSD1) Source: C2A2749-01 Prepared & Analyzed: 01/26/22 Nitrite as N 2.22 0.1 0.09 mg/L 2.50 ND 89 80-120 2 20
Nitrate as N 11.4 0.20 0.16 mg/L 5.65 5.69 100 75-131 1 20 mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
289
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 5 of 9
Project Name:
11-Feb-2022
Work Order Number: C2A2941
Received on Ice (Y/N): Yes Temp: °C 9
PERC - Weekly WW
Adelanto WWTP
C2A2941
Result RDL Units Level
Spike
Result
Source
%REC
%REC
Limits RPD
RPD
Analyte(s) Limit Flag
Solids - Batch Quality Control
Batch 2A31007 - Analyzed as received
Blank (2A31007-BLK1) Prepared & Analyzed: 01/31/22
Total Suspended Solids ND 0.5 0.5 mg/L
Duplicate (2A31007-DUP1) Source: C2A2906-01 Prepared & Analyzed: 01/31/22 Total Suspended Solids 406 10 10 mg/L 478 16 25
Duplicate (2A31007-DUP2) Source: C2A3071-03 Prepared & Analyzed: 01/31/22 Total Suspended Solids 4700 250 250 mg/L 4550 3 25
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
290
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 6 of 9
Project Name:
11-Feb-2022
Work Order Number: C2A2941
Received on Ice (Y/N): Yes Temp: °C 9
PERC - Weekly WW
Adelanto WWTP
C2A2941
Result RDL Units Level
Spike
Result
Source
%REC
%REC
Limits RPD
RPD
Analyte(s) Limit Flag
Aggregate Organic Compounds - Batch Quality Control
Batch 2A26071 - Analyzed as received
Blank (2A26071-BLK1) Prepared & Analyzed: 01/26/22
Biochemical Oxygen
Demand
ND 1.0 1.0 mg/L
LCS (2A26071-BS1) Prepared & Analyzed: 01/26/22
Biochemical Oxygen
Demand
221 50 50 mg/L 198 112 85-115
Duplicate (2A26071-DUP1) Source: C2A2896-01 Prepared & Analyzed: 01/26/22 Biochemical Oxygen
Demand
272 50 50 mg/L 271 0.6 20
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
291
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 7 of 9
Project Name:
11-Feb-2022
Work Order Number: C2A2941
Received on Ice (Y/N): Yes Temp: °C 9
PERC - Weekly WW
Adelanto WWTP
C2A2941
Result RDL Units Level
Spike
Result
Source
%REC
%REC
Limits RPD
RPD
Analyte(s) Limit Flag
Nutrients - Batch Quality Control
Batch 2A31018 - Analyzed as received
Blank (2A31018-BLK1) Prepared & Analyzed: 01/31/22
Ammonia-Nitrogen ND 0.1 0.01 mg/L
LCS (2A31018-BS1) Prepared & Analyzed: 01/31/22
Ammonia-Nitrogen 0.946 0.1 0.01 mg/L 1.00 95 90-110
Matrix Spike (2A31018-MS1) Source: C2A2921-02 Prepared & Analyzed: 01/31/22 Ammonia-Nitrogen 0.872 0.1 0.01 mg/L 1.00 0.0321 84 80-120 Matrix Spike Dup (2A31018-MSD1) Source: C2A2921-02 Prepared & Analyzed: 01/31/22 Ammonia-Nitrogen 1.04 0.1 0.01 mg/L 1.00 0.0321 101 80-120 18 20 Batch 2B01041 - Acid Digest
Blank (2B01041-BLK1) Prepared: 02/01/22 Analyzed: 02/02/22 Kjeldahl Nitrogen ND 0.1 0.09 mg/L
LCS (2B01041-BS1) Prepared: 02/01/22 Analyzed: 02/02/22 Kjeldahl Nitrogen 0.887 0.1 0.09 mg/L 1.00 89 80-120
Matrix Spike (2B01041-MS1) Source: C2A2954-01 Prepared: 02/01/22 Analyzed: 02/02/22 Kjeldahl Nitrogen 1.61 0.1 0.09 mg/L 1.00 0.636 98 42-154 Matrix Spike Dup (2B01041-MSD1) Source: C2A2954-01 Prepared: 02/01/22 Analyzed: 02/02/22 Kjeldahl Nitrogen 1.56 0.1 0.09 mg/L 1.00 0.636 93 42-154 3 25 mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
292
Client Name:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 8 of 9
Project Name:
11-Feb-2022
Work Order Number: C2A2941
Received on Ice (Y/N): Yes Temp: °C 9
PERC - Weekly WW
Adelanto WWTP
C2A2941
Notes and Definitions
J Estimated value
N_pVpH Sample pH was above method requirements
NR: Not Reported
ND: Analyte NOT DETECTED at or above the Method Detection Limit (if MDL is reported), otherwise at or above the Reportable Detection Limit (RDL)
RDL: Reportable Detection Limit
MDL: Method Detection Limit
* / (Non-NELAP): NELAP does not offer accreditation for this analyte/method/matrix combination e-Standard_No Alias.rpt
This report applies only to the sample(s) analyzed. As a mutual protection to clients, the public, and Babcock Laboratories, Inc., this report is submitted and accepted for the exclusive use of the Client to whom it is addressed. Interpretation and use of the information contained within this report are the sole responsibility of the Client. Babcock Laboratories, Inc. is not responsible for any misinformation or consequences that may result from misinterpretation or improper use of this report. This report is not to be modified or abbreviated in any way.

Approval
cc:

Report Date:

PERC Water Corp
19101 Jonathan St.

Dave Kachelski
Adelanto, CA 92301
Contact:

Address: Project Number:

Analytical Report: Page 9 of 9
Project Name:
11-Feb-2022
Work Order Number: C2A2941
Received on Ice (Y/N): Yes Temp: °C 9
PERC - Weekly WW
Adelanto WWTP
C2A2941
mailing
P.O. Box 432
Riverside, CA 92502-0432
CA ELAP No. 2698
EPA No. CA00102
NELAP No. OR4035
LACSD No. 10119
P (951) 653-3351
F (951) 653-1662
www.babcocklabs.com
location
6100 Quail Valley Court
Riverside, CA 92507-0704
294

CITY COUNCIL AGENDA REPORT
DATE: February 23, 2022
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Brian D. Wolfe, Contract City Engineer
SUBJECT: Public Hearing – Ordinance approving a development agreement with Dae Won Food USA, Inc. for development of a food processing plant located at 12522 – 12524 Pansy Road.

STAFF RECOMMENDATION:

Staff recommends city council:

1. Conduct a public hearing;

2. Introduce and conduct first reading of the proposed Ordinance approving a Development Agreement with Dae Won Food U.S.A., Inc. for construction and development of a food processing plant located at 12522-12524 Pansy Road, Adelanto; and

3. Schedule the second reading and adoption of Ordinance 624 for the next regular council meeting.

BACKGROUND:

California Government Code Section 65864, et seq., authorizes the City to enter into a voluntary, binding, long-term development agreement establishing certain development rights in the property.

Development Agreements can provide certainty, definition, and commitment as to proposed development and as to necessary public improvements required by development and can provide public benefits to the City.

Jae Kyung Ahn, applicant and President of Dae Won Food, USA, Inc. has processed a Parcel Map dividing a 20.17-acre vacant parcel into seven (7) lots. Lots 1, 2, 3, 4 and 6 are similar in size, ranging from 109,777 square feet (SF), to 109,810 SF. Parcel 5 is 190,431 SF and is approved for development of two 30,000 sf industrial buildings, which will be utilized to manufacture Korean food products such as kimchi and juice.

The project area is currently vacant and covered over in native vegetation.

Construction plans for permits were submitted following project approval. These plans include onsite improvements such as precise grading, underground utilities, and storm drainage. The project site is approximately ¼-mile from the nearest public sewer main on Adelanto Road, terminating near the storage buildings. Furthermore the site’s elevation is too low for a standard gravity-flow wastewater pipeline to discharge towards that nearest sewer. The owner/developer therefore approached the city of Adelanto for assistance with determining a means to convey wastewater away from the site, and with constructing a public sewer main.
295
Staff was directed to design a wastewater pipeline from the project site that will also enable sewer connections for neighboring properties. Plans and specifications are nearly ready for bidding. However staff recommends a development agreement to ensure the owner/developer for Dae Won Foods will construct an operational facility in a timely manner.

The attached development agreement specifies obligations of Dae Won Foods and Adelanto. Adelanto staff is not obligated to advertise the sewer project for bids until the mid-point of the “flooring, underground utilities” phase of construction, estimated for June 2022. Adelanto must have the sewer main complete before Dae Won Foods applies for final certificate of occupancy (CFO). Dae Won Foods is also required to post a bond for the total cost of sewer main construction. This gives Adelanto financial means to complete the sewer in the event Dae Won Foods does not fulfill its contractual obligations.

Furthermore Dae Won Foods will be liable for liquidated damages for each day their CFO is behind schedule.

Planning Commission conducted a duly noticed public hearing on February 16, 2022 to consider the development and adopted Resolution No. P-22-07 which recommended City Council approval of the Development Agreement.

Complying with Government Code sections 65867, 65090, 65091, 65094, and 65867.5, the City Council public hearing notice was duly published on February 11, 2022.

FISCAL IMPACT:

Engineer’s Estimate for construction of an operational sewer main is $594,000. Adelanto Water and Sewer Funds will be used for this project.

ATTACHMENTS:

Attachment A: Parcel Map 20097
Attachment B: Project Site and Sewer Location
Attachment C: Resolution P-22-07
Attachment D: Ordinance 624
Attachment E: Engineering Conditions of Approval
Attachment F: Development Agreement (with construction schedule) 296
A
297
298
Daewon Foods Project Site and Sewer Location
Proposed sewer
route.

Project
Site
B
299

PLANNING COMMISSION

AGENDA REPORT
DATE: February 16, 2022
TO: Honorable Chairman and Members of the Planning Commission

FROM:

BY:

Dave Martinez, Development Services Director
Brian D. Wolfe, City Engineer
SUBJECT: Public Hearing – A development agreement between the City of Adelanto and Dae Won Foods USA, Inc. is under consideration for development of a food processing plant located at 12522 – 12524 Pansy Road.

STAFF RECOMMENDATION:

ADOPT Resolution P-22-07 and APPROVE the attached development agreement.

BACKGROUND:

Owner/Developer: Dae Won Foods USA, Inc.
400 E. Alondra Blvd.

Carson, CA 91722

General Location: Approximately one-half mile southeast of Adelanto Stadium.

Project site is 700-feet east of Adelanto Road.

Environmental Determination: A Mitigated Negative Declaration (MND).

Existing General Plan &
Current Zoning Designation: Light Manufacturing (LM)
Surrounding General Plan and Zoning:

North Light Manufacturing (LM)
South Light Manufacturing (LM)
East Light Manufacturing (LM)
West Light Manufacturing (LM) and Mixed Use (MU)
C
300
Development Agreement with Dae Won Foods, Inc.

February 16, 2022
2 Existing Land Use: The project site is currently vacant and contains native vegetation.

Surrounding Land Uses: The following chart shows the surrounding land uses:

North Vacant with native vegetation.

South The Boring Company is operating a research facility at the neighboring parcel.

East Vacant with native vegetation.

West Adelanto Road is 700-feet west of the project site.

The applicant, Mr. Jae Kyung Ahn, President of Dae Won Food, USA, Inc. has processed a Parcel Map dividing a 20.17-acre vacant parcel into seven (7) lots. Lots 1, 2, 3, 4 and 6 are similar in size, ranging from 109,777 square feet (SF) to 109,810 SF. Parcel 5 is 190,431 SF and is approved for development of two 30,000 sf industrial buildings, which will be utilized to manufacture Korean food products such as kimchi and juice.

The construction of two industrial buildings on Parcel 5 in the southwest corner of the project area, was approved per LDP 19-12. The two buildings will 30,000 square feet each with a maximum height of 24- feet. The buildings will be rectangular in shape and located parallel to each other. Building 1 will be located on the northwestern portion of the project site and Building 2 will be located on the southwestern portion of the project site.

The project area is currently vacant, undeveloped, and covered over in native vegetation. The site elevation is approximately 2,984 feet above mean sea level (AMSL). Soils on the site consist of sandy alluvial soils. The site has been disturbed by off-road vehicles as is evident from the numerous trails that traverse the site.

PROJECT DESCRIPTION:

Construction plans for permits were submitted following project approval. These plans included onsite improvements such as precise grading, underground utilities, and storm drainage. The project site is ¼- mile from the nearest public sewer main. Furthermore, the site’s elevation is too low for a standard gravity-flow wastewater pipeline to discharge towards that nearest sewer. The owner/developer therefore approached the city of Adelanto for assistance with determining a means to convey wastewater away from the site, and with constructing a public sewer main.

Staff was directed to design a wastewater pipeline from the project site that will also enable sewer connections for neighboring properties. Plans and specifications are ready for bidding. However staff recommends a development agreement to ensure the owner/developer for Dae Won Foods will construct an operational facility in a timely manner.

February 16, 2022
3 Won Foods applies for final certificate of occupancy (CFO). Dae Won Foods is also required to post a bond for the total cost of sewer main construction. This gives Adelanto financial means to complete the sewer in the event Dae Won Foods does not fulfill its contractual obligations. Furthermore Dae Won Foods will be liable for liquidated damages for each day their CFO is behind schedule.

CONSTRUCTION PHASING
The project is proposed to be constructed in Four (4) Phases and is anticipated to take approximately 9 months to complete as outlined in Table 1 below:

Table 1: Construction Phasing

PHASES IMPROVEMENTS TIMING
(YEAR)
Phase I –
Grading
Rough grading ready for the first phase building and
infrastructure improvements;
2022
Phase II –
Site Preparation
 Site Work and improvements such as footings, utility lines, and other underground infrastructure;
2022
Phase III –
Building Construction
 Five new buildings constructed
 Internal access, on-site paving, trash enclosure, loading, landscaping, and improvements for the three buildings;
 Required access & 162 parking spaces including ADA & EV spaces. 2022
Phase IV –
Paving and Finishing
 Internal access, on-site paving, trash enclosure, loading, landscaping, and improvements for the five buildings;
 Required access & 216 parking spaces including 16 ADA & EV spaces.
2023
As shown in the Table 1 above, the first, second and third phases will commence mid to late 2022; and the fourth and final in early 2023. None of the phases will overlap or occur concurrently. The key construction elements for each of the four phases are outlined about and further summarized below. ● Grading. The portion of the project site that would be developed during the particular phase would be graded and readied for the construction. The site would undergo rough grading. This phase would require approximately one month to complete. ● Site Preparation. During this phase, the building footings, utility lines, and other underground infrastructure would be installed. This element would require approximately one month to complete.
● Building Construction. The five new buildings would be constructed during this phase. This phase would take approximately six months to complete.
● Paving and Finishing. This concluding phase would involve the paving and finishing. The completion of the paving and finishing of the buildings and the site would take approximately one month to complete.
302
Development Agreement with Dae Won Foods, Inc.

February 16, 2022
4 ATTACHMENTS:

Attachment A: Resolution P-22-07
Attachment C: Conditions of Approval Engineering
Attachment D: Draft development agreement (with construction schedule)

303

ATTACHMENT A
Resolution P-22-07
RESOLUTION NO. P-22-07

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

ADELANTO, SAN BERNARDINO COUNTY, CALIFORNIA,

RECOMMENDING CITY COUNCIL APPROVAL OF A DEVELOPMENT

AGREEMENT BETWEEN THE CITY OF ADELANTO AND DAE WON FOOD USA, INC. FOR CONSTRUCTION AND DEVELOPMENT OF A FOOD
PROCESSING PLANT LOCATED AT 12522-12524 PANSY ROAD,

ADELANTO, CALIFORNIA
WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the California Legislature adopted Government Code Section 65864 et seq. (“State Development Agreement Law”), which authorizes cities to enter into agreements for the development of real property with any person having a legal or equitable interest in such property in order to establish certain rights in such property;
WHEREAS, the City of Adelanto (the “City”) and Dae Won Food U.S.A., Inc. (“Developer”) wish to enter into a Development Agreement (the “Development Agreement”) for construction and development of a food processing plant (the “Project”) located at 12522-12524 Pansy Road (APN 3128-271-13) (“Property”) in the City of Adelanto;
WHEREAS, the Property is approximately 4.4 acres in size, located in the City’s Light Manufacturing Zone District, bounded on the west by Lassen Road, and surrounded by open space;
WHEREAS, Developer has acquired legal or equitable interest in the Property for the development of the Property;
WHEREAS, pursuant to the provisions of the California Environmental Quality Act (Pub.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission as follows:

SECTION 1. The above recitals are all true and correct. 304
RESOLUTION NO. P-22-07
February 16, 2022

Page 2 ends

SECTION 2. Development Agreement Findings. The Planning Commission finds and determines as follows:

A. The Development Agreement is consistent with the General Plan as the Property is consistent with its land use designation of Light Manufacturing under the General Plan. The Project demonstrates compliance with the General Plan’s Community Design Element principles and will serve as a catalyst for future development while developing currently unused land. Pursuant to Table 30-1 of Adelanto Municipal Code section 17.30.040 (Development Standards), there is no identifiable maximum allowable floor area ratio (“FAR”) for the Light Manufacturing Zone District. The terms of the Development Agreement for the Project will be consistent with the General Plan Land Use designation.

B. The Development Agreement is consistent with the State Development Agreement Law and:

1. The Development Agreement contains all requisite provisions set forth therein;

2. The Project will not be detrimental to the health, safety, and general welfare through the enforcement and implementation of conditions of approval and mitigation measures. Further, before the issuance of City development permits and/or the issuance of a Certificate of Occupancy for the initial occupancy of any tenant on the Property, Building and Safety Division, Engineering/Public Works Division, and Fire Department conditions and requirements must be met, which protect and preserve the health, safety, and general welfare; and

3. The Project will not adversely affect the orderly development of Property or the preservation of land values as it will enhance development in the vicinity through the introduction of vibrant and compatible industrial business activity to an underutilized pocket within the City while implementing and making contributions to relevant street intersections.

SECTION 3. The Planning Commission, after consideration of all testimony and reports, recommends that the City Council approve the Development Agreement between the City of Adelanto and Dae Won Food USA, Inc., a draft of which is included as an attachment.

ATTACHMENTS:

Attachment: Draft Development Agreement
Proposed City Council Ordinance
PASSED, APPROVED AND ADOPTED by the Planning Commission this 16th day of February, 2022.
305
RESOLUTION NO. P-22-07
February 16, 2022

Page 3 ends

___________________________________
Chris Waggener
Chairman of the Planning Commission
___________________________________
Nyeka Allen
Secretary to the Planning Commission
I, Nyeka Allen, Planning Secretary for the Planning Commission of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. P-22-07 was duly and regularly adopted at a regular meeting of the Planning Commission of the City of Adelanto on the 16th day of February 2022, by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 16th day of February 2022.

___________________________________
Nyeka Allen
Secretary to the Planning Commission
306
ORDINANCE NO. 624

AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF ADELANTO, CALIFORNIA, APPROVING A DEVELOPMENT
AGREEMENT WITH DAE WON FOOD U.S.A., INC. FOR

CONSTRUCTION AND DEVELOPMENT OF A FOOD PROCESSING
PLANT LOCATED AT 12522-12524 PANSY ROAD, ADELANTO,

CALIFORNIA
WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the California Legislature adopted Government Code Section 65864 et seq. (“State Development Agreement Law”), which authorizes cities to enter into agreements for the development of real property with any person having a legal or equitable interest in such property in order to establish certain rights in such property;
WHEREAS, the City of Adelanto (the “City”) and Dae Won Food U.S.A., Inc. (“Developer”) wish to enter into a Development Agreement (the “Development Agreement”) for construction and development of a food processing plant (the “Project”) located at 12522-12524 Pansy Road (APN 3128-271-13) (“Property”) in the City of Adelanto; WHEREAS, the Property is approximately 4.4 acres in size, located in the City’s Light Manufacturing Zone District, bounded on the west by Lassen Road, and surrounded by open space;
WHEREAS, Developer has acquired legal or equitable interest in the Property for the development of the Property;
WHEREAS, pursuant to the provisions of the California Environmental Quality Act (Pub.

Resources Code, § 21000 et seq.) (“CEQA”) and the state guidelines for CEQA (Cal. Code Regs., tit. 14, § 15000 et seq.) (“CEQA Guidelines”), the City is the “lead agency” for the preparation and consideration of environmental documentation for the Project and approval of the Development agreement is not a “project” and will not result in a physical change in the environment pursuant to CEQA Guidelines Section 15060(c)(2);
WHEREAS, the Adelanto Planning Commission (the “Planning Commission”), conducted a duly noticed public hearing on February 16, 2022, to consider the Development Agreement; WHEREAS, after the conclusion of such public hearing, the Planning Commission adopted Resolution No. P-22-07, which recommended City Council approval of the Development Agreement;
WHEREAS, the City Council duly notice a public hearing at its February 23, 2022 regular meeting to consider the Development Agreement in accordance with the State Development D
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Agreement Law, CEQA, and the CEQA Guidelines and considered all related testimony and evidence;
WHEREAS, after the conclusion of such hearing at which related testimony and evidence was considered, the City Council: (1) affirmed the decision of the Planning Commission as set forth in Planning Commission Resolution No. P-22-07; and (2) approved this Ordinance No. 624 for first reading;
WHEREAS, at its meeting of March 9, 2022, the City Council adopted this Ordinance through a second reading; and
WHEREAS, the first and second reading approvals of this Ordinance were made pursuant to Government Code section 65867.5 and in accordance with the findings set forth in Section 2 below.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ADELANTO DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Incorporation of Recitals. The recitals set forth above are hereby incorporated by this reference as if set forth in full herein.

Section 2. Development Agreement Findings. The City Council finds and determines as follows:

B. The Development Agreement is consistent with the State Development Agreement Law and:

1. The Development Agreement contains all requisite provisions set forth therein;

2. The Project will not be detrimental to the health, safety, and general welfare through the enforcement and implementation of conditions of approval and mitigation measures. Further, before the issuance of City development permits and/or the issuance of a Certificate of Occupancy for the initial occupancy of any tenant on the Property, Building and Safety 308
Division, Engineering/Public Works Division, and Fire Department conditions and requirements must be met, which protect and preserve the health, safety, and general welfare; and

Section 3. Approval of Development Agreement. The City Council hereby approves the Development Agreement subject to such minor, conforming, and clarifying changes consistent with the terms thereof as may be approved by the City Manager, in consultation with the City Attorney, prior to the execution thereof.

Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase would be subsequently declared invalid or unconstitutional.

Section 5. Publication and Effective Date. The Mayor shall sign, and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in a newspaper of general circulation within fifteen (15) days after its adoption. This Ordinance shall become effective thirty (30) days after adoption.

Section 6. Execution by City Manager. The City Manager is hereby authorized to execute an agreement in substantially the same form as the attached draft Development Agreement and all other associated documents to effectuate the terms of the Development Agreement.

Section 7. Recordation. In accordance with Government Code Section 65868.5, within 10 days of full execution of the Development Agreement, the City Clerk shall cause a copy of the Development Agreement to be recorded in the office of the Los Angeles County RegistrarRecorder/County Clerk.

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PASSED, APPROVED AND ADOPTED this _________ day of _______, 2022. ______________________________
Gabriel Reyes, Mayor
_______________________________
Brenda Lopez, City Clerk
APPROVED AS TO FORM:
_______________________________
Marc Tran, City Attorney
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ENGINEERING DEPARTMENT
General Recordation Conditions:

1. Approval of this project in no manner obligates the City of Adelanto to extend water service, or sewer service, or improve streets, or extend any other infrastructure to service this development.

2. Should Mello-Roos, or Community Facilities Districts, or Community Service Districts, or Assessment Districts, or other special financing districts be formed to provide for City Infrastructure or City Services, this project shall annex into the districts and pay all fees associated with annexation into the districts, and the applicant shall agree to waive the right to protest the formation of said districts.

3. Prior to the approval of any improvement plans and the commencement of any construction associated with the development, the Developer shall be responsible for obtaining all necessary dedications of rights-of-way for offsite infrastructure improvements, right-of-entry for offsite grading, and easements for ingress, egress, drainage, utilities and other legal requirements for impacts associated with the development of this project, as determined and directed by the City Engineer. If the Developer cannot acquire a property interest in property required for off-site improvements, Government Code § 66462.5 shall apply and the City retains the right to:
a. Require the Developer to enter into an agreement to complete the improvements pursuant to Government Code § 66462 at such time as the City acquires an interest in the land that will permit the improvement to be made;
b. Require the Developer to pay the cost of acquiring the offsite real property interests required in connection with the subdivision.

4. The design of all public infrastructure elements shall conform to the requirements of the City General Plan and the current edition of the City’s standard specifications for construction, and any alterations required and approved by the Public Works Department and Engineering Department staff.

5. The following plans and reports shall be prepared by a California licensed civil engineer prior to any site development or disturbance of the natural vegetation of the site. All required plans shall be drawn in ink at an appropriate scale on Mylar sheets, for approval by the City Engineer.

Improvement plans for all of the conditioned improvements shall be submitted to the City and reviewed and approved by the City Engineer. All of the conditioned improvement plans shall be approved by the City Engineer concurrently for review.

Plans Required:
a. Street Improvement Plan/Profile at 1" = 40' (Hor), 1" = 4' (Vert), plus Title/Index and Detail Sheets.

E
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2T:\agendas\City_Council_Agenda\2022\February 23, 2022\Daewon\E-Engineering Conditions of Approval.doc b. Precise Grading Plan 1" = 20', A grading plan conforming to the requirements of the Uniform Building Code, appendix 33 1997 edition, shall be prepared and submitted to the City Engineer for approval. c. Water - Plan/Profile at 1" = 40' plus Title/Index and Detail Sheets. Index map on Water improvements Plan shall be a min scale of 1”=100’ and clearly identify Fire Hydrant locations, valves and pipeline locations. d. Sewer - Plan/Profile at 1" = 40' (Horizontal), 1" = 4' (Vertical), plus Title/Index and Detail Sheets. Index map on sewer improvements Plan shall be a min scale of 1”=100’ and clearly identify Manhole locations, and pipeline locations.
e. Street Lighting Plan, 1” = 40’.
f. Street Striping and Signage 1” = 40’.
g. A Storm Water Pollution Prevention Plan (SWPPP) shall be prepared and approved by the California State Water Quality Control Board prior to the issuance of any permits for grading. The erosion control plan must be submitted to the City for review and approval and must include an active WDID number.
h. Onsite Underground Utility Plan at 1" = 40’ showing the location of all undergrounded utilities including sewers, water, storm drain, gas, electric, telephone, and data and cable television lines. This plan shall be shown schematically based on plans prepared by utility agencies to illustrate the location of any access valves, manholes and hand holes.

Reports Required:
a. Soils Report. A preliminary soils report as prepared by a California licensed geotechnical engineer skilled in soils/foundation investigations shall be submitted for review by the Engineering Department staff along with the first submittal of Street Plans and/or other improvement plans for review. Within the required soils report special attention shall be directed to the rip ability of the proposed road cuts and stability of manufactured slopes. The geotechnical engineer shall determine the setback requirements to support loading without failures in the soil mass. b. Hydrology Report. A detailed drainage plan to the satisfaction of the City Engineer shall be prepared by a licensed Civil Engineer and submitted to the City for approval. The project must accommodate existing drainage flows that impact the project site and impact access to the project site and mitigate offsite drainage that impacts the project. The project must mitigate the increase onsite runoff from pre-development to postdevelopment flows. 312
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6. Proper Security Bonds at prevailing wage costs of the improvements shall be posted with the City for all the conditioned and required improvements that are to be publicly dedicated, including the setting of proper monumentation for the subdivision. Prior to issuance of any permits to construct any improvements, the developer shall enter into an improvement agreement to construct the project improvements per City approved plans and post securities with the City of Adelanto to guarantee completion of construction and payment of labor and materials and one-year warranty of the improvements. These securities shall be provided by the Developers and all assignees and successors to the City.

The following are the required security amounts and release procedure:
a. The developer shall at all times guarantee performance of this entitlement by furnishing to the City, and maintaining, good and sufficient Security as required by the City on forms approved by City for the purposes and in the amounts as follows:
i. To assure faithful performance of this entitlement in regard to said Improvements in an amount of 100% of the estimated cost of the Improvements; and
ii. To secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor materials for the Improvements required to be constructed or installed pursuant to this entitlement in the additional amount of 100% of the estimated cost of the Improvements; and
iii. To guarantee or warranty the work done pursuant to this entitlement for a period of one year following Acceptance thereof by City against any defective work or labor done or defective materials furnished in the amount of 20% of the estimated cost of the Improvements.
b. Release of Security. Subject to approval by the City, the Security required by this entitlement shall be released as follows:
i. Security given for faithful performance of any act, obligation, work or agreement shall be released upon Acceptance of the
Improvements, subject to the provisions of subsection (b) hereof. ii. In accordance with the requirements of Government Code Section 64999.7, the City Engineer shall allow a partial release of faithful performance Security pursuant to the following procedures. No partial release of Security for labor and materials shall be allowed.

1. Developer shall have one opportunity to engage in the process of pre-warranty partial release of performance
Security as described in this subsection (b) between the start of work and completion and acceptance of all work on the Improvements. The process allowing for a partial release of performance Security shall occur only when the 313
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twenty percent (20%) of the total original performance
Security.

2. At such time that the Developer believes that the
obligation to perform the work for which the performance Security was required is complete, the Developer may
notify the City Engineer in writing of the completed work and request a warranty bond walk. This notice shall
include with such notification a written list of work
completed. Upon receipt of the written notice, the City Engineer shall have twenty (20) business days to review and comment or approve the completion of the required
work. If the City Engineer does not agree that all work has been completed in accordance with the plans and
specifications for the Improvements, he or she shall
supply to the Developer a list of all remaining work to be completed.

General Grading Conditions:

7. Prior to the Issuance of a Grading Permit the following must be completed. a. Native Vegetation Removal Permit & Joshua Tree Survey. Prior to the disturbance of any native indigenous plant life, a Joshua Tree Survey must be performed by the City staff to determine the chances for successful relocation of existing plant life.
b. Grading Plan and SWPPP must be approved by the City Engineer prior to the issuance of the grading permit.

8. During grading operations the flowing must be observed:
a. All grading for the site shall be confined to the property limits unless the Developer first secures letters of permission to grade across property lines from any affected adjacent property owners.
b. Compaction Report. Any grading and/or utility excavations and backfilling, both on and off site, shall be done under the continuous direction of a licensed geotechnical engineer who shall obtain all required permits and submit progress reports and test results to the Engineering Department staff for review and approval as determined by the City. Upon completion of all soils related work, the geotechnical engineer shall submit a final report to the Engineering Department staff for review and approval, which may require additional tests at the expense of the Developer. i. All soils within street improvements must be compacted to 90% and 95% within twelve inches of surface.
c. No un-bound or re-vegetated soil shall be left exposed to wind erosion. If construction operations have not begun within a short duration then the developer shall immediately provide proper soil erosion management techniques including chemical soil binding and re-vegetation of graded pads, or an equivalent technique approved by the Engineering Department staff.
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9. The City of Adelanto shall be “added insured” on all insurance policies for construction of this project. Proof of insurance shall be provided prior to start of construction.

10. All monuments shall be referenced or reset in accordance with the Business and Professions Code.

11. All improvements shown on the approved plans, as required by the City Engineer, shall be constructed prior to occupancy of any dwelling. All infrastructure improvements required by these conditions of approval, must comply with the City’s standards, Greenbook (latest edition) and any specific requirements established in these conditions of approval. Any existing infrastructure failing to meet these requirements must be removed and reconstructed at the developer’s expense to meet requirements described in these conditions of approval and current City Standards.

12. During construction, temporary pedestrian and traffic control devices shall be constructed as deemed necessary by the City Engineering and Public Works Department staff at locations where construction traffic disrupts normal traffic.

Such measures and devices shall include but are not limited to: flagmen, barricades, portable electric traffic signals and street sweeping.

13. Utility plans must be approved by the City Engineer prior to installation. a. No utility access point, manholes, vaults, or air vents shall be located within sidewalks or pedestrian travel ways or within 12” of curb and gutters.
b. All utilities shall be installed underground to all lots per Public Utilities Commission requirements. No aboveground utility lines shall be permitted within or adjacent to this subdivision for the utilities servicing this project.

All aboveground structures shall be located inside either the City Right-ofWay or a dedicated utility easement and located outside of the pedestrian walkways.

14. Inspection. The Developer shall at all times maintain proper facilities and safe access for by city inspectors and to the businesses or residences wherein any construction work is in progress. Upon completion of the work the Developer shall request a final inspection by the City Engineer.

15. The Developer shall obtain all required right-of-way dedications needed for the required improvements prior to final approval of improvement plans, issuance of any permits, and approval of Final Map, and the Developer shall construct and complete all street improvements required for the phase of the 315
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16. Two paved points of access are required (to allow turn around for the Fire Department) and all terminating paved accesses longer than 150 feet must have proper standard fire turn around or as approved by the Fire Department.

17. Final sections shall be approved by the City Engineer prior to construction, which shall be submitted along with the soils report & recommendations based on R-value & Traffic Index, and shall substantially conform to the sections submitted with the first submittal of the street improvement plans.

18. Streets shall not be paved until all underground utilities are installed.

19. There shall be no intersecting street centerlines greater than or less than 90° (+/- 10°) degrees unless otherwise approved by the Engineering Department staff.

20. All sidewalks shall have a minimum width of six feet and a minimum unobstructed width of four feet. The location of pedestrian ramps shall be determined in accordance with Federal and State laws at the time of construction and shall meet current Federal, State, and Local Americans with Disabilities Act (A.D.A.) standards. Sidewalks, pedestrian ramps and sidewalk/drive approach connections shall be built to current Federal, State, and Local A.D.A. standards.

21. All curb heights and gutter widths shall be based on requirements as set forth by the Hydrology/Hydraulics Report and City Standards and approved by the Engineering Department staff.

22. All covers for utility manholes, valves, and vaults shall be adjusted to final grade after final paving.

23. Street asphalt concrete pavement shall be placed in multiple lifts depending on design asphalt thickness with the final lift placed after the Repair & Replace (R&R) and Point & Patch is completed.

24. Prior to the time lumber is deposited on site for approved construction in a specific phase, all curbs, gutters and pavement shall be completed within that phase area and compaction reports for utility trenches and street base shall be approved. Model complexes are excluded from this condition but are required to provide access and fire flow in a manner as approved by the Fire Department.

25. Sleeves for lighting and landscape purposes will be allowed in the public street right-of-way when necessary, subject to the approval of the Engineering Department staff.
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26. Sewer wyes and laterals shall be installed to the edge of right-of-way in front of all existing structures for existing or proposed sewer mains to City Standards, where street improvements are proposed along said sewer mains.

Street Improvement Conditions:

27. Prior to the issuance of any building permits, the following street dedications and improvements shall be completed. The Developer shall be directly and solely responsible for the mitigation of impacts related to existing traffic levels plus project traffic prior to recordation of the final map. The Developer construct and complete all street improvements per phase prior to issuance of building permits, or as directed by the City Engineer. All buildings in all construction phases must have two paved points of access and all terminating paved accesses must have proper standard fire turn-around of not be longer than 150 feet.

28. Offsite street dedications are as follows:
a. Dedication for street and utility purposes to provide for a Commercial/Industrial Major Collector half-width of 40 feet for the west half of Mesa Linda Road along the east side of the site. b. Dedication for street and utility purposes to provide for a Commercial/Industrial Local Collector half-width of 30 feet for the north half of Pansy Road along the south side of the site.
c. Dedication for street and utility purposes to provide for a Commercial/Industrial Local Street half-width of 30 feet for the south half of Rosewood Street along the north side of the site, and half-width of 30 feet for the east half of Lassen Road along the west side of the site.

29. Offsite street improvements are as follows:
a. Mesa Linda Road shall be constructed to half-width of 32 feet wide, centerline to curb, consisting of a minimum of 4 inches of asphalt concrete over 6 inches of Class 2 base material, or per “R” value test for a Traffic Index (TI) of 10, whichever is greater, 8" concrete curb and gutters, and six-foot wide sidewalks, per City Standard 109 Type C. b. Pansy Road shall be constructed to half-width of 22 feet wide, centerline to curb and 45 foot radius to curb consisting of a minimum of 3 inches of asphalt concrete over 6 inches of Class 2 base material, or per “R” value test for a Traffic Index (TI) of 8.5, whichever is greater, 8" concrete curb and gutters, and six-foot wide sidewalks, per City Standard 109 Type C. c. Rosewood Street and Lassen Road shall be constructed to half-width of 18 feet wide, centerline to curb consisting of a minimum of 3 inches of asphalt concrete over 4 inches of Class 2 base material, or per “R” value test for a Traffic Index (TI) of 8.0, whichever is greater, 8" concrete curb and gutters, and six-foot wide sidewalks, per City Standard 109 Type C.

30. All utility tie-ins and other work that disturbs existing public right of way improvements shall be restored per City Encroachment Permit Provisions, or as directed by the Engineering Department staff:
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8T:\agendas\City_Council_Agenda\2022\February 23, 2022\Daewon\E-Engineering Conditions of Approval.doc a. Any disturbance of pavement newer than 12 months requires the entire area of the disturbed pavement and the entire width of any travel lane disturbed to be cold-planed (ground down) a tenth of a foot (0.1 feet) and resurfaced with AC, PG 70-10, as directed by the Engineering Department staff.
b. All disturbed sections of pavement that is older than 12 months must be trenched according to City Standards, permanently resurfaced using the minimum of the existing AC plus one (1) inch of AC and six (6) inches of Class II base. The resurfaced areas shall remain in place for a minimum of thirty (30) days and a maximum of forty-five (45) days. Then after that period is over, the resurfaced area and the entire width of any travel lane disturbed are to be cold-planed (grinded down) a tenth of a foot (0.1 feet) and resurfaced with AC, PG 70-10, as directed by Engineering Department staff. If this leaves a width less than three (3) feet not being resurfaced on a side then that section must also be resurfaced.

c. Any disturbance of existing concrete work shall be considered reconstruction and must meet current A.D.A. standards. Reconstruction must consist of full concrete saw cut panels, as directed by the Engineering Department staff.

31. Developer shall pay the applicable Transportation Development Impact Fee.

32. The Developer shall design and construct a street lighting system to the requirements of the American National Standard Practice for Roadway Lighting, and as directed by City of Adelanto Public Works/Engineering Department staff along the north side of Holly Road and the south side of Commerce Way. This lighting system shall utilize high-pressure sodium vapor lamps.
a. Streetlights shall be energized when installed and maintained by the developer for eighteen months, after which the City of Adelanto shall maintain the lights.

Traffic Safety:

33. The Developer shall be directly and solely responsible developing a traffic control plan to mitigate the impacts of construction activity to existing traffic.

Traffic control plans are subject to approval to the City Engineer.

34. Street name signs and traffic control devices, including full-width striping and striping transition into existing paving, shall be constructed in accordance with the approved plans and designed per the Manual on Uniform Traffic Control Devices and City Standards at the time of construction as directed by the City Engineer. Street names for this project shall be submitted to the Engineering Department for City Council approval.
a. All signposts shall be installed with anchors when installed into concrete. 318
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9T:\agendas\City_Council_Agenda\2022\February 23, 2022\Daewon\E-Engineering Conditions of Approval.doc b. All street name signs shall be installed on 12-inch cap brackets. c. Any sign or post removed by the developer shall be returned to the Street Department undamaged and not vandalized.
d. All striping, onsite and offsite, shall be installed by the developer. This includes “STOP” and stop bars at all “STOP” signs, fog lines and any other traffic safety striping that may apply as directed by the Street Department.
e. Curbs must be painted red 7.5 feet on each side of center in front of all fire hydrants.
f. Curbs must be painted white 7.5 feet on each side of center with 3- minute max stenciled of the curb in front of all mailboxes. g. Each street section shall have a posted speed limit sign as directed by Engineering Department staff.

Sewer Improvements:

35. Sewage disposal shall be consistent with the project Feasibility Study (the City will accept studies within 1 year from the date of Recordation of final map which may be extended 1 additional year) and the developer shall pay all fees pursuant to the current Feasibility Study at the time of building permit.

36. The applicant shall connect to the City sewer system and pay all associated fees (connection fee, permit fee, inspection fee, etc.) in compliance with the Adelanto Public Utility Authority. The design shall conform to the City adopted sewer master plan and as required by the City Engineer. The sanitary sewer system shall be designed and constructed to collect and convey sewage to the City’s Wastewater Treatment Plant.

Water Improvements:

37. Water service shall be consistent with the Feasibility Study (city will accept studies within year from the date of Recordation of final map which may be extended 1 additional year) and the developer shall pay all fees pursuant to the current Feasibility Study at the time of building permit.

38. The Developer shall comply with all requirements of the Adelanto Public Utility Authority (APUA).

39. The applicant shall extend APUA water mains to service the project, and shall be responsible for paying all fees associated with said extension, including those fees implemented by Ordinance 4 of the APUA.

40. Water Improvement Design for the project shall conform to the City’s adopted Water Master Plan and per requirements of the City Engineer. All backflow devices shall be installed by the developer.
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41. All water valves and vault covers within paved areas shall be raised to finish surface and painted after completion of paving.

42. All fire hydrants, air vacuums and all other above ground water facilities shall be placed within the sidewalk areas while maintaining a clear 4-foot wide pedestrian travel way. Water meter boxes and vaults, valve covers, etc., may be placed within sidewalks or paved areas provided such devices are set flush with finished surfaces as approved by the Engineering Department.

43. A set of water improvement plans shall be submitted to the San Bernardino County Fire Department for comment and review. At the time of the second plan check submittal, water improvement plans with the Fire Departments’ corrections incorporated therein shall be submitted to the City Engineer along with the “redline” commented plans from the Fire Department.

44. Fire protection plans shall be designed per the requirements of the Adelanto Fire Marshall. Fire protection shall include but is not limited to:
a. Fire hydrants shall be spaced no more than 300 feet apart along all street frontages.
b. Fire hydrants shall be set to a level for “safe break away” and easy access, per the Water Department.
c. Blue dot identification on final pavement will be required for all hydrants installed.

Drainage Improvements:

45. The Developer shall prepare a hydrology and hydraulic calculations report to demonstrate that the post development flows proposed to be discharged into and through existing or any other storm drainage facilities do not exceed the maximum flows for which said facilities are designed. This shall be subject to review and approval of the City Engineer. The Hydrology and comprehensive drainage plan must be prepared by a licensed civil engineer to the satisfaction of the City Engineer and the Hydrology Report shall identify offsite flows that impact the proposed development and identify the increased onsite runoff flows. The Study shall address how the proposed development shall accept offsite flows that impact the proposed development and demonstrate how the proposed development will safely pass through the offsite flows while protecting the proposed development and maintaining to all-weather paved points of access to the community. Also, the Study shall demonstrate the how the proposed development will reduce the increased onsite post-development runoff to less than 90% of pre-developed drainage runoff flows. This study shall substantially conform to the accepted Adelanto Master Plan of Drainage and correlate with the submitted improvement plans.

This study shall be engineered using County of San Bernardino Flood Control methodologies and included calculations, maps, diagrams and a written 320
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a. The Subdivider or Developer shall be responsible for obtaining all necessary permits and permissions from the department of Fish and Game and the Army Corps of Engineers and from any other regulatory agency for the alterations to any of the watercourses that are impacted by the proposed development.
b. All finished building floor elevations shall be 1.0 feet higher than the 100- year base flood elevations.

46. Storm flows may be conveyed in street sections to the extent that right-of-way limits shall accommodate a 100-year storm to a depth less than 0.7 feet deep from the flow line to provide all-weather emergency ingress and egress. If storm flows cannot be adequately conveyed by street sections, underground storm drains and other mitigation measures shall be provided as recommended in the Hydrology/Hydraulics Report and approved by the City Engineer.

47. Prior to construction of any improvements or prior to any land disturbance, the Developer shall construct temporary drainage facilities and establish erosion control practices as necessary to minimize storm runoff and erosion and silt deposition. All construction storm drains, catch basins, the storm water runoff structures shall be provided with adequate capabilities to filter and retain sediment, grit, oil and grease to prevent pollution in storm water runoff, in compliance with the State Water Board Best Management Practices. The Developer shall obtain a National Pollutant Discharge Elimination System (NPDES) General Permit for storm water discharges associated with construction activities, as directed by the California Water Resources Control Board and approved by the Engineering Department staff.

During construction, all NPDES guidelines will be in full force and all Best Management Practices (BMP) shall be followed. For grading of areas greater than 1 acre, a full Storm Water Pollution Prevention Plan (SWPPP) shall be prepared for review and approval by the Regional Water Quality Control Board.

48. The Developer shall provide adequate mitigation for storm drainage to avoid concentrating or increasing offsite flows, subject to review and approval by the City Engineer.

49. A BMP Maintenance Agreement must be prepared for all post-construction BMPs onsite.

50. In order to mitigate the drainage impacts of this project the developer shall perform the following:
a. The Developer shall pay the City’s full Drainage Facility Development Impact Fee and any other Drainage fees that may be in place at the time of building permit issuance as a Drainage mitigation measures for this project. 321
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51. Onsite Improvements:
a. Sewer and water service pipelines shall be placed outside of driveway areas unless otherwise approved by the Engineering Department staff. b. All onsite parking must be on an impervious surface, asphalt or concrete, and shall be based on an R-Value conducted by a competent soils testing laboratory and Traffic Index acceptable to the City Engineer. c. Permitted water consumption. Maximum water consumption per 1,000 square feet of canopy space shall be limited to 100 gallons per day. d. Post-construction BMPs shall be required per the Construction General Permit (CGP).
e. Industrial Pretreatment and Industrial Wastewater Discharge Permit Application. The Developer shall complete the discharge permit application within 60 calendar days of CUP approval.

Park and Landscaping:

52. Prior to the grading permit for any phase of development, the Developer shall prepare final improvement plans for the landscaping and irrigation of landscaped areas, and all open spaces. Said plans shall be prepared by a California licensed Landscape Architect and shall be subject to the review and approval of the Engineering and Planning Department staff.

53. A minimum five (5) foot irrigated landscape easement shall be provided between the edge of the sidewalk and the perimeter wall on all surrounding streets.
a. Landscaping shall be at the rate of one (1) tree and six (6) shrubs per 30 linear feet plus such vegetative cover necessary to cover a minimum of forty (40) percent of the total area with shrubs and ground cover.
b. Turf is prohibited within public rights-of-way.
c. Irrigation shall be designed to minimize maintenance and water consumption.
d. All slopes over three feet in height shall be fully landscaped and irrigated.

54. All easements and dedicated Right-of-Way land between the sidewalk and the perimeter masonry wall of the development shall be planted with drought tolerant vegetation and irrigation installed, as approved by the Engineering or Planning Departments. Said landscape easement and landscaped area shall 322
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13T:\agendas\City_Council_Agenda\2022\February 23, 2022\Daewon\E-Engineering Conditions of Approval.doc be maintained by the developer. The landscaped area will thereafter be the responsibility of the City upon final acceptance. All sidewalks adjacent to landscaping areas shall have a 6-inch garden curb at the back of the sidewalk between the landscaped area and the sidewalk to prevent runoff across sidewalk.
a. All plant spacing shall be approved by the Engineering Department and Title 17.

Onsite Improvements:

55. The tops of all cut slopes shall be in conformance with City Standards per the City Engineer. Retaining walls shall be utilized where required by Public Works Department staff to ensure that unusable and nonvisible slopes are not created.

56. No lot shall drain onto any property adjacent to the project. Lots shall be protected from storm runoff as approved by the Public Works Department staff.

57. Sewer and water service pipelines shall be placed outside of driveway areas unless otherwise approved by the Public Works Department staff.

58. All onsite parking must be on an impervious surface, asphalt or concrete, and shall be based on an R-Value conducted by a competent soils testing laboratory and Traffic Index acceptable to the City Engineer.

59. Permitted water consumption. Maximum water consumption per 1,000 square feet of canopy space shall be limited to 100 gallons per day.

60. Post-construction BMPs shall be required per the Construction General Permit (CGP).

61. Industrial Pretreatment and Industrial Wastewater Discharge Permit Application. The Developer shall complete the discharge permit application within 60 calendar days of CUP approval.
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RECORDING REQUESTED BY

AND WHEN RECORDED MAIL TO
City of Adelanto
11600 Air Expressway
Adelanto CA 92301
Attn: City Clerk
Space Above This Line for Recorder’s Use
(Exempt from Recording Fees per Gov’t Code § 6103)

DEVELOPMENT AGREEMENT

BY AND BETWEEN
THE

CITY OF ADELANTO
AND
DAE WON FOOD U.S.A., INC.

FOR THE

CONSTRUCTION AND DEVELOPMENT OF A FOOD PROCESSING PLANT LOCATED AT 12522-12524 PANSY ROAD, ADELANTO, CA 92301 (APN 3128-271-13) F
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DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into as _____________, 2022 (the “Reference Date”), by and between the CITY OF ADELANTO, a California municipal corporation and general law city existing under the Constitution of the State of the California (“City”), and DAE WON FOOD U.S.A., INC., a California corporation (“Developer”). City and Developer are occasionally referred to in this Agreement collectively as the “Parties.” In consideration of the mutual covenants and agreements contained in this Agreement and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the Parties do hereby agree as follows:

1. RECITALS.

A. California Government Code Sections 65864-65869.5 (“Development Agreement Act”) authorize City to enter into a binding development agreement for the development of real property within its jurisdiction with persons having legal or equitable interest in real property in order to:
(1) Ensure high quality development in accordance with comprehensive plans;
(2) Reduce uncertainty in the development approval process that might otherwise result in a waste of resources and discouragement of investment; (3) Strengthen City’s comprehensive planning process to provide for the most efficient use of public and private resources by encouraging private participation in the comprehensive planning process and reducing the economic cost of development; (4) Assure developers of land that upon approval, they may proceed with their projects in accordance with defined policies, rules, regulations, and conditions of approval; and
(5) Provide for the financing and/or construction of necessary public facilities.

B. In addition to the general purposes stated above, the following are among the considerations supporting this Agreement:
(1) This Agreement authorizes Developer to develop an approximately

4.4 acre property located within the City of Adelanto, the County of San Bernardino, State of California (“Property”) to construction two (2) thirty-thousand (30,000) square-foot industrial buildings for food processing activities, as further described in Location and Development Plan No. 19-12 (“LDP 19-12”).
(2) This Agreement will provide the Parties with: (a) a high-quality development on the Property subject to this Agreement; (b) certainty in the type of development to be undertaken on the Property; and (c) the assurance of adequate public facilities to ensure the 325
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good of the community regardless of City’s legal authority to impose the requirements under constitutional or statutory authority.
(3) For City, this Agreement serves to provide for: (a) employment growth anticipated to result from the Development of the Property, both during construction and use; (b) increase in tax revenues anticipated to result from the development of the Property; (c) the achievement of the goals and directives of its General Plan; and (d) certain community benefit contributions, as set forth further herein.
(4) The development of new commercial facilities is an integral part of Developer’s development plans for the Property. As stated above, the construction and use of these facilities are expected to bring employment opportunities and generate tax revenue for City.

C. The Property that is the subject of this Agreement is approximately 4.4 acres in size, located in the City’s Light Manufacturing Zone, bounded on the west by Lassen Road, and surrounded by open space. The property is further described per LDP 19-12 attached to this Agreement. Developer has acquired legal or equitable interest in the Property for the development of the Property as provided in this Agreement.

D. The Property is subject to the Development Approvals and Land Use Regulations defined in Section 2 of this Agreement.

E. City and Developer desire to enter into a binding agreement for purposes of identifying: (i) the terms, conditions, and regulations for the development of the Property; and (ii) Developer’s obligations (defined in Section 6) on the terms and conditions set forth in this Agreement.

F. Developer desires to develop the Property in accordance with the provisions of this Agreement, the Land Use Regulations (as defined herein) and those laws and regulations of other Agencies exercising jurisdiction over the Property.

G. Developer has applied for, and City has approved, this Agreement in order to create beneficial development of the Property and a physical environment that will conform to and complement City’s goals, create development sensitive to human needs and values, facilitate efficient traffic circulation, and otherwise provide for the development of the Property in accordance with City’s best interests.

H. City has reviewed the potential impacts and the various potential benefits to City of this Agreement and has concluded that this Agreement is in City’s best interests.

I. The City Council has determined that this Agreement is consistent with City’s General Plan including the goals and objectives thereof.

J. Pursuant to Section 65867.5 of the Development Agreement Act, the City Council has found and determined that: (i) this Agreement implements the goals and policies of City’s General Plan, provides balanced and diversified land uses, and imposes appropriate standards and requirements with respect to land development and usage in order to maintain the overall quality of life and the environment within City; (ii) the tentative map prepared for the 326
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subdivision included in this Agreement complies with the provisions of Government Code Section 66473.7; (iii) this Agreement is in the best interests of and not detrimental to the public health, safety and general welfare of City and its residents; (iv) adopting this Agreement is consistent with City’s General Plan and constitutes a present exercise of City’s police power; and (v) this Agreement is being entered into pursuant to and in compliance with the requirements of Government Code Sections 65867 and 65867.5 of the Development Agreement Act.

2. DEFINITIONS. This Agreement uses a number of terms having specific meanings, as defined below. These specially defined terms are distinguished by having the initial letter capitalized when used in this Agreement. The defined terms include the following:

A. “Agreement” means this Development Agreement.

B. “City” means the City of Adelanto, a California general law city and municipal corporation.

C. “City Clerk” means the City Clerk of City.

D. “City Council” means the City Council of City.

E. “City Manager” means the City Manager of City.

F. “Community Benefit Contribution” or “CBC” means the payment described in Section 5 of this Agreement.

G. “Developer” means Dae Won Food U.S.A., Inc. and its subsidiaries and affiliates, and also where specified in this Agreement, successors in interest to all or any part of the Property.

H. “Development” means the improvement of the Property for the purposes of constructing structures, improvements, and facilities on the Property to construct two (2) thirtythousand square-foot industrial buildings to be used as a food processing plant in accordance with the Development Approvals and Subsequent Development Approvals, including the maintenance, repair and replacement of any building, structure, improvement, landscaping or facility after its construction and completion on the Property.

I. “Development Approvals” means any and all permits, licenses, consents, approvals, rights and privileges, and other actions approved or issued by City previously in connection with the Development on the Property on or before the Effective Date, including but not limited to:
(1) General Plan Land Use Element map and text amendments; (2) City’s Zoning Ordinance;
Location and Development Plan 19-12; and
(3) Parcel Map No. 20097.
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All of the Development Approvals are on file in the City Clerk’s Office.

J. “Development Fees” means and includes all fees charged by City in connection with the approval or issuance of permits for the development of property, including, without limitation: City’s Development Impact Fees (General Government Facilities Fees, Streets and Traffic Facilities Fees, Storm Drain Fees, Library Fees, Fire and Police Fees, and Park Fees); the fees charged by City in connection with a development Property for the purpose of defraying all or a portion of the cost of mitigating the impacts of the Property and development of the public facilities related to development of the Property; and any similar governmental fees, charges and exactions required for the development of the Property. Development Impact Fees does not mean and excludes: (1) processing fees and charges of every kind and nature imposed by City generally to cover the estimated actual costs to City of processing applications for Development Approvals; and (2) fees established by Federal, State, County, and multi-jurisdictional laws and regulations that City is required to enforce as against the Property or the Development.

K. “Development Requirement” means any requirement of City in connection with or pursuant to any Development Approval for the dedication of land, the construction or improvement of public facilities, the payment of fees or assessments in order to lessen, offset, mitigate or compensate for the impacts of the Development on the environment, or the advancement of the public interest.

L. “Effective Date” means the date that this Agreement shall take effect as defined in Section 3.B. of this Agreement.

M. “Land Use Regulations” means all ordinances, resolutions, codes, rules, regulations and official written policies of City adopted and effective on the Effective Date governing the Development and use of the Property, including, without limitation, the permitted use of the Property, the density or intensity of use, the rate of development of land, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, the design, improvement and construction standards and specifications applicable to the Development, and the Development Approvals. Land Use Regulations does not mean and excludes Development Impact Fees.

N. “Off-Site Improvements” means the public improvements that are outside the boundaries of the Property.

O. “Person” means any natural person, a partnership, a joint venture, an unincorporated association, a limited liability company, a corporation, a trust or any other legal entity, including governmental and quasi-governmental agencies, authorities, boards, bureaus, commissions, departments or other political subdivisions or political bodies.

P. “Property” means the real property located at 12522-12524 Pansy Road, Adelanto, CA 92301 (APN 3128-271-13) and further described in LDP 19-12.

Q. “Public Improvements” means the streets, parks, infrastructure and other public facilities that are to be constructed and dedicated to City or other public entities and which are part of the proposed Development. Public Improvements include those improvements within the boundaries of the Development and Off-Site Improvements. 328
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R. “Reservation of Authority” means the rights and authority excepted from the assurances and rights provided to Developer under this Agreement and reserved to City under Section 4.B.

S. “Site Map” means the drawing of the site in its condition as of the Effective Date.

T. “Subsequent Development Approvals” means any and all permits, licenses, consents, rights and privileges, and other actions approved or issued by City subsequent to the Effective Date in connection with the Development that do not prevent development of the Property for the uses and to the density or intensity of development set forth in this Agreement.

U. “Subsequent Land Use Regulations” means any and all ordinances, resolutions, codes, rules, regulations and official written policies of City adopted and effective after the Effective Date governing development and use of the Property that do not prevent development of the Property for the uses and to the density or intensity of development set forth in this Agreement.

V. “Transfer” means any lease, sale, encumbrance, assignment or other transfer of all or any portion of the Property or any interest therein.

W. “Transferee” means a Person that acquires an interest in the Property pursuant to a Transfer.

3. GENERAL TERMS OF THE DEVELOPMENT AGREEMENT.

Term. The term of this Agreement shall commence on the Effective Date and shall continue for one five (5) years thereafter the Effective Date (the “Term”), unless the Term is otherwise terminated, modified, or extended by circumstances set forth in this Agreement or by mutual consent of the Parties to this Agreement after the satisfaction of all applicable public hearing and related procedural requirements A. Conditions. All conditions of approval as set forth LDP 19-12 shall continue to apply.

B. Effective Date. This Agreement shall be effective, and the obligations of the Parties to this Agreement shall be effective on the date that Ordinance No. 624 approving this Agreement becomes effective (“Effective Date”). The Parties shall approve an Operating Memorandum pursuant to Section 3.E.(4), confirming the Effective Date of the Agreement.

C. Binding Effect of Agreement. From and following the Effective Date, the Development, and City actions on applications for Subsequent Development Approvals affecting the Property, shall be subject to the terms and provisions of this Agreement. The provisions of this Agreement, to the extent permitted by law, constitute covenants that shall run with the Property for the benefit thereof, and the benefits and burdens of this Agreement shall bind and inure to the benefit of the Parties and all successors in interest to the Parties. 329
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D. Ownership of Property. Developer has a legal or equitable interest in the Property and thus Developer is qualified to enter into and be a party to this Agreement under the Development Agreement Act.

E. Transfers and Assignments.
(1) Restrictions on Transfers. Developer shall not sell, assign, or otherwise transfer all or any portion of its interests in the Property together with all its right, title and interest in this Agreement, or the portion thereof which is subject to the transferred portion of the Property, to any Transferee until such time as the public and private improvements required by the Development Approvals and this Agreement have been accepted by the City unless the City has approved the transfer prior to its completion. City shall not unreasonably withhold or unreasonably delay its consent to the transfer provided that: (1) the Transferee has specifically assumed in writing the obligations, or a portion of the obligations of the Developer, to design, construct, install and finally complete the public and private improvements required by the Development Approvals and this Agreement in connection with the Transferred Property (unless Developer retains all such obligations, as discussed below); (2) the Transferee has the experience and capacity to complete the public and private improvements required by the Development Approvals and this Agreement; and (3) the Transferee has obtained replacement bonds, accepted by the City for the public and private improvements required by the Development Approvals and this Agreement (in which event, the City shall release the Developer’s corresponding Public Improvement bonds). In the event of any sale, assignment, or other transfer pursuant to this Section, (i) Developer shall notify the City within twenty (20) days prior to the transfer of the name of the Transferee, together with the corresponding entitlements being transferred to such Transferee, if any, and (ii) the agreement between Developer and Transferee pertaining to such transfer shall provide that either Developer or the Transferee shall be liable for the performance of those obligations of Developer under this Agreement which relate to the Transferred Property, if any, or shall confirm that the Developer and all Transferees shall remain jointly liable for the design and construction of public and private improvements required by the Development Approvals and this Agreement in connection with the Transferred Property. (2) Rights and Duties of Successors and Assigns. Any, each and all successors and assigns of Developer shall have all of the same rights, benefits, duties and obligations of Developer under this Agreement, except as otherwise provided in this Section 3.D. (3) Termination of Agreement With Respect to Individual Lots Upon Sale to Public and Completion of Construction. The provisions of this Section 3.D. shall not apply to the sale or lease (for a period longer than one year) of any lot which has been finally subdivided and developed and is individually (and not in “bulk”) sold or leased to a member of the public or other ultimate user in accordance with this provision. Notwithstanding any other provisions of this Agreement, this Agreement shall terminate with respect to any lot and such lot shall be released and no longer be subject to this Agreement without the execution or recordation of any further document.
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F. Amendment of Development Agreement.
(1) Initiation of Amendment. Any Party may propose an amendment to this Agreement. The Parties agree that it may be beneficial to enter into additional agreements or modifications of this Agreement in connection with the implementation of the separate components of the Development.
(2) Procedure. Except as set forth in Section 3, the procedure for proposing and adopting an amendment to this Agreement shall be the same as the procedure required for entering into this Agreement under Adelanto Municipal Code and the Development Agreement Act, as applicable.
(3) Consent. Except as otherwise provided in this Agreement and/or Adelanto Municipal Code, any amendment to this Agreement shall require both Parties’ written consent. No amendment to all or any provision of this Agreement shall be effective unless set forth in writing and signed by each Parties’ duly authorized representatives. (4) Operating Memoranda. Refinements and further development of the Development may demonstrate that changes are appropriate with respect to the details and performance of the Parties under this Agreement. The Parties desire to retain a certain degree of flexibility with respect to those items covered in general terms under this Agreement. If and when the Parties mutually find that changes, adjustments, or clarifications are appropriate to further the intended purposes of this Agreement, they may, unless otherwise required by law, effectuate the changes, adjustments, or clarifications without amendment to this Agreement through one or more operating memoranda mutually approved by the Parties. The operating memoranda may be approved on behalf of City by the City Manager, or the person designated in writing by the City Manager, and by any corporate officer or other person designated for the purpose in a writing signed by a corporate officer on behalf of Developer. After execution of an operating memorandum, it shall be attached to and incorporated into this Agreement as an addendum thereto.

Unless otherwise required by law or by this Agreement, no changes, adjustments, or clarifications shall require prior notice or hearing, public or otherwise. An operating memorandum may not be used by the City Manager or Community Development Director as a means to avoid an amendment to the Specific Plan or to increase the total number of housing units specified in the Specific Plan or this Agreement.

G. Cancellation and Termination. This Agreement may be cancelled, in whole or in part, by mutual consent of the Parties or their successors in interest in accordance with Government Code Section 65867. Unless terminated earlier, pursuant to the terms of this Agreement, this Agreement shall automatically terminate and be of no further effect upon the expiration of the Term, including any extensions thereof. Termination of this Agreement, for any reason, shall not, by itself, affect any right or duty arising from entitlements or approvals set forth under the Development Approvals.
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4. DEVELOPER’S RIGHTS AND LIMITATIONS REGARDING
DEVELOPMENT OF THE PROPERTY.

A. Right to Develop.
(1) Right to Develop. Developer shall have a vested right to develop the Property in accordance with, and to the extent of, the Development Approvals and this Agreement.
(2) Permitted Uses. The Parties agree that the uses listed in the City of Adelanto General Plan as of the Effective Date are permitted and shall remain permitted uses for the Property.
(4) Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement, the rules, regulations and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the rate or timing of development, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to the Development, shall be those contained in the Development Approvals and those Land Use Regulations not inconsistent with the Development Approvals that were in full force and effect as of the Effective Date. (5) Subsequent Development Approvals. City shall accept for processing, review, and action all applications for Subsequent Development Approvals, and City staff shall use their reasonable efforts to process the applications in an expeditious manner, taking into account City’s staffing levels, and all requisite development fees shall be calculated and paid by Developer at such time as payment for the fees is due and payable, for all or a portion of the Property, except as otherwise set forth herein. Unless otherwise requested by Developer, City shall not, without good cause, amend or rescind any Subsequent Development Approvals respecting the Property after City has granted the same. (6) Development in Accordance with Agreement and Applicable Law; Timing of Development. Developer shall commence and complete the Development in accordance with this Agreement (including, without limitation, the Land Use Regulations and the Development Approvals) and in compliance with all laws, regulations, rules, and requirements of all non-City governing entities with jurisdiction over the Property. Time is of the essence in respect to all provisions of this Agreement that specify time for performance; provided, however, that the foregoing may not be construed to limit or deprive a Party of the benefits of any grace period or use period allowed in this Agreement.
(7) Changes and Amendments. Although the Development will likely require Subsequent Development Approvals, the Development shall be in strict compliance with the Development Approvals unless the Development Approvals are modified through the amendment or memorandum process applicable to the specific Development Approval. The above notwithstanding, Developer may determine that changes are appropriate and desirable in the existing Development Approvals. In the event Developer finds that a change is appropriate or desirable, Developer may apply in writing for an amendment to prior Development Approvals to effectuate the change. City may use its sole and absolute discretion in deciding whether to approve 332
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or deny any amendment request; provided, however, that in exercising the foregoing sole and absolute discretion, City shall not apply a standard different than used in evaluating requests of other developers.

B. Reservation of Authority by City.
(1) Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the Development:
a. Processing fees and charges of every kind and nature imposed by City generally to cover the estimated actual costs to City of processing applications for Subsequent Development Approvals.
b. Procedural regulations consistent with this Agreement relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matters of procedure. c. Changes adopted by the City Council in the California Building Code, California Residential Building Code, California Fire Code, California Plumbing Code, California Mechanical Code, or California Electrical Code, California Green Building Standards Code, California International Property Maintenance Code, California Energy Code, California Historical Building Code, California Existing Building Code, Uniform Housing Code, California Administrative Code and Uniform Code for the Abatement of Dangerous Buildings and similar uniform codes as required by and in accordance with State law. d. Rules, regulations and official policies governing permitted uses of the land, density, and design, improvement, and construction standards and specifications existing after the Effective Date that are not in conflict with the Development Approvals and this Agreement. A “conflict” shall exist if, among other things, a rule, regulation or policy is adopted which alters the rate, type, manner, density, timing or sequencing of the Development. e. Rules, regulations and official policies governing permitted uses of the land, density, and design, improvement, and construction standards and specifications existing after the Effective Date that are in conflict with the Development Approvals, provided Developer has given written consent to the application of the rules, regulations and policies to the Development.
f. Federal, state, county and multi-jurisdictional laws and regulations that City is required to enforce as against the Property or the Development, whether or not the laws and regulations are in conflict with the Development Approvals. g. Notwithstanding anything to the contrary in this Agreement, and subject to Section 5 below regarding fees, taxes, assessments and mitigation measures, City may apply City regulations (including amendments to the Land Use Regulations) adopted by City after the Effective Date, in connection with any Subsequent Development Approvals, or deny or impose conditions of approval on any Subsequent Development Approvals, if City determines that City’s failure to make such application or to deny or impose conditions of approval on any 333
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Subsequent Development Approvals would place the residents or occupants of the Property or City’s residents, or both, in a condition adverse to their safety or health, or both. (2) Future Discretion of City. Notwithstanding any other provision of this Section 4.B., this Agreement shall not prevent City, in acting on Subsequent Development Approvals, from applying Subsequent Land Use Regulations that do not conflict with the Development Approvals, nor shall this Agreement prevent City from denying or conditionally approving any Subsequent Development Approval on the basis of any Subsequent Land Use Regulations. A “conflict” shall exist if, among other things, a rule, regulation or policy is adopted which alters the rate, type, manner, density, timing or sequencing of the Development. (3) Modification or Suspension by Federal, State, County, or MultiJurisdictional Law. In the event that federal, or state laws or regulations, enacted after the Effective Date, prevent or preclude compliance with one or more of the provisions of this Agreement, the provisions of this Agreement shall be modified or suspended as may be necessary to comply with the federal or state laws or regulations, and this Agreement shall remain in full force and effect to the extent it is not inconsistent with the laws or regulations and to the extent the laws or regulations do not render the remaining provisions impractical to enforce. (4) Intent. Developer has reasonably entered into this Agreement and will proceed with the Development of the Property on the assumption that City has adequately provided for the public health, safety and welfare through the Land Use Regulations. In the event that any future, unforeseen public health or safety emergency arises, City agrees that it shall attempt to address the emergency in such a way as not to impact the Development in accordance with the Development Approvals, and if that is not possible, to select that option for addressing the emergency that has the least adverse impact on the Development in accordance with the Development Approvals.

C. Regulation by Other Public Agencies. Other public agencies not subject to City’s control may possess authority to regulate aspects of the Property and the Development and this Agreement does not limit the authority of other public agencies.

D. Timing of Development. Except as set forth in Agreement, regardless of any future enactment, by initiative, or otherwise, Developer may, in its discretion, develop the Property in one phase or in multiple phases at such times as Developer deems appropriate within the exercise of its subjective business judgment. City agrees that Developer may apply for and receive permits, maps, occupancy certificates and other entitlements to develop and use the Property at any time, provided that the application is made in accordance with this Agreement and the Land Use Regulations.

E. Vested Rights. By entering into this Agreement and relying thereon, Developer is obtaining the vested rights to proceed with the Development of the Property in accordance with the terms and conditions of this Agreement. By entering into this Agreement and relying thereon, City is securing certain public benefits that enhance the public health, safety and welfare, a partial listing of which benefits is set forth in Section 1 of this Agreement. 334
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F. No Conflicting Enactments. Except as otherwise provided by this Agreement, neither the City Council nor any other City agency shall enact a rule, regulation, ordinance or other measure applicable to the Property that is inconsistent or conflicts with the terms of this Agreement.
(1) Moratorium. It is Developer’s and City’s intent that no moratorium or other limitation (whether relating to the all or part of the Development, or enacted by initiative or otherwise) affecting parcel or subdivision maps (whether tentative, vesting tentative or final), development plan approvals, site plans, construction permits, occupancy certificates, or other entitlements for use approved, issued or granted within City, or portions of City, shall apply to the Development to the extent the moratorium or other limitation would restrict Developer’s right to develop the Property as provided by this Agreement in such order and at the rate as Developer deems appropriate as limited or regulated by this Agreement. City shall reasonably cooperate with Developer in order to keep this Agreement in full force and effect. In the event of any legal action instituted by a third party or other governmental entity or official challenging the validity of any provision of this Agreement, the Parties hereby agree to reasonably cooperate in defending the action. In the event of any litigation challenging the effectiveness of this or any portion of this Agreement, this Agreement shall remain in full force and effect while the litigation, including any appellate review, is pending. The filing of any third-party lawsuit(s) against City or Developer relating to this Agreement, the Development Approvals or to other development issues affecting the Property shall not delay or stop the development, processing, or construction of the Development, unless the third party obtains a court order preventing the activity. (2) Consistency between this Agreement and Current Laws. In the event of any inconsistency between the Land Use Regulations, Development Approvals and/or this Agreement, the Development Approvals shall control over land uses, and this Agreement shall control over all other provisions, including but not limited to, permitted quantities and densities of land uses.

G. Term of Map(s) and Other Development Approvals. Pursuant to California Government Code Sections 66452.6(a) and 65863.9, the term of any tentative subdivision or parcel map that has been or in the future may be processed for all or any portion of the Property and the term of each of the Development Approvals shall be deemed extended without further required action for a period of time through the scheduled expiration of the Term of this Agreement, including any extensions thereof, as set forth in Section 3 of this Agreement, if the map or Development Approval would otherwise have expired prior thereto.

H. Amendments to Development Approvals. It is contemplated by City and I. Developer that Developer may, from time to time, seek amendments to one or more of the Development Approvals. Any amendments are contemplated by City and Developer as being within the scope of this Agreement as long as they are consistent with the Land Use Regulations and shall, upon approval by City, continue to constitute the Development Approvals as referenced in this Agreement. The Parties agree that any amendments shall not constitute an amendment to this Agreement nor require an amendment to this Agreement. 335
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5. DEVELOPER’S OBLIGATIONS
A. Developer’s Obligations to Construct Improvements. Developer shall complete the public and private improvements as required for Certificate of Final Occupancy (CFO), and the conditions of approval currently in effect. The design, construction, installation and final completion of the Public Improvements shall be in conformance with City standards in effect as of the date of this Agreement and Improvement Plans approved by the City Engineer.

City and Developer shall enter into City’s standard improvement agreement, including surety bonds, or an applicable modification thereof, for the completion of the Public Improvements.

B. Timeline to Begin Construction. Developer shall commence construction activity by April, 2022. Mobilization, erosion control and traffic control will not be considered construction activity. Mobilization shall be complete and traffic control and erosion control shall be installed to a level acceptable to the City prior to the aforementioned thirty (30) calendar days.

C. Submittals. Contractor shall submit the following items to the City Engineer for approval within ten (10) calendar days after City Council approval of this Agreement, including but not limited to:
(1) Asphalt design for Lassen and Pansy Roads;
(2) Aggregate base for Lassen and Pansy Roads; and
(3) Concrete for curb and gutter
D. Development Timeline. Developer shall develop Property in accordance with the following timeline:
(1) April 2022 – Developer shall commence grading.
(2) June 2022 – Developer shall commence construction of foundation, flooring, and underground plumbing.
(3) July 2022 – Developer shall commence utility construction for water/plumbing.
(4) August 2022 – Developer shall commence structure erection, building assembly, and construction related to the interior of structures. (5) August 2022 – Developer shall commence utility construction for electrical/lighting.
(6) November 2022 – Developer shall commence installation of HVAC and fire sprinkler system.
(7) January 2023 – Developer shall work with relevant agencies to complete final inspections, obtain final approval, and commence operations thereafter. 336
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E. Timeline to Complete Site Development. Developer shall complete on-site construction activity for all proposed buildings within the entirety of the site and obtain final certificates of occupancy (CFO) from the City no later than February 16, 2023.

F. Liquidated Damages. In the event that Developer fails to obtain CFOs by February 16, 2023 Developer shall become liable for liquidated damages and shall pay the City liquidated damages in the amount of five thousand dollars ($5,000.00) per calendar day until Developer obtains CFOs.

G. Development Impact Fees. Developer is subject to all Development Impact Fees (“DIF”) per City ordinances and as described in the Conditions of Approval.

H. Maintenance of Improvements. Responsibility for the ongoing maintenance of Public Improvements provided by Developer pursuant to this Agreement shall be apportioned between the Parties in accordance with the terms of this Section. (1) Developer Operations and/or Maintenance Responsibilities.

Developer, or its successors or assigns (including but not limited to one or more master associations and/or sub associations) shall operate and/or maintain all natural open space, rightof-way landscaping and street lighting, hardscape (e.g. monuments), walls, fences, lighting or storm drains until accepted and maintained by the City of Adelanto.

I. Public Safety. Developer shall be required to be a part of the existing Public Safety for fire, police, and paramedic services, provided, however, that in no event shall Developer be responsible for any costs, fees, taxes, or assessments that do not directly benefit the Development and result from the Development’s direct impacts.

J. Bond Requirement. Developer shall obtain and maintain a bond in favor of the City in the amount of $594,000 representing one hundred percent (100%) of the estimated total cost to the City for the design, construction, labor, and materials related to the Sewer Project (“Bond”). Developer shall cause the Bond to remain in effect until CFOs are issued by the City to Developer; the City shall release the Bond upon issuance of CFOs.

6. CITY’S OBLIGATIONS.

A. Property Approvals Independent. All approvals required for the Property that may be or have been granted, and all land use entitlements or approvals generally that have been issued or will be issued by City with respect to the Property, constitute independent actions and approvals by City. If any provision of this Agreement, or the application of any provision of this Agreement to a particular situation, is held by a court of competent jurisdiction to be invalid or unenforceable, or if this Agreement terminates for any reason, then the invalidity, unenforceability or termination of the provision or application shall not affect the validity or effectiveness of any the Development Approvals or other land use approvals and entitlements. In such cases, the approvals and entitlements will remain in effect pursuant to their own terms, provisions, and the conditions of approval. It is understood by the Parties to this Agreement that pursuant to existing law, if this Agreement terminates or is held invalid or unenforceable as described above, the approvals and entitlements shall not remain valid for the Term, but shall remain valid for the term(s) of the approvals and entitlements. 337
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B. City Cooperation. City staff shall work cooperatively with Developer to assist in coordinating the processing and consideration of all necessary permits, entitlements and approvals, including but not limited to Subsequent Development Approvals. To the extent City or City’s designee is unable to process and consider permits, entitlements and approvals in a timeframe acceptable to the Developer, Developer may request and the City will consider, the hiring of an outside contractor to assist City or City’s designee in the processing and consideration of all necessary permits, entitlements and approvals. If approved, the City shall contract for those services at the Developer’s sole expense.

C. Acceptance of Public Improvements. City shall design, construct, and inspect a sewer main on Lassen Road for connection to Adelanto Road (“Sewer Project”). The Sewer Project shall be constructed per City standards and specifications to serve the proposed development described in LDP 19-12. City shall commence the bidding phase of the Sewer Project by June, 2022 or approximately half-way through Developer’s completion construction of foundation, flooring, and underground plumbing (Section 5D2), whichever is earlier. City shall also provide inspection and testing services for street construction at Lassen Road and Pansy Road.

Progression of street improvement construction (including but not limited to base layer paving, compaction, asphalt paving and compaction) is subject to authorization by the City Engineer No Additional Construction by City. Aside from the Sewer Project, no other design or construction of public or private infrastructure at City’s expense will be required under this Agreement.

7. INDEMNIFICATION.

A. Except to the extent caused by the gross negligence or intentional misconduct by the City or its officials, employees, agents, attorneys, and/or contractors (collectively, the “City’s Affiliated Parties”), Developer agrees to indemnify, defend and hold harmless City and its agents, officers, contractors, attorneys and employees (“Indemnified Parties”) from and against any claims or proceeding against the Indemnified Parties to set aside, void or annul the approval of this Agreement or any Development Approvals or Subsequent Development Approvals pursuant to this Agreement. Notwithstanding the provisions of this Agreement, Developer’s obligation pursuant to this Section is not a benefit or burden running with the land and shall not be assigned to any person without the prior, express written consent of City.

Developer’s duties under this Section are solely subject to and conditioned upon the Indemnified Parties written request to Developer to indemnify the Indemnified Parties. Developer shall deposit the expected costs of defense, as reasonably determined by the City Attorney, with City within five (5) business days of notice from City of the claim and shall add to the deposit within five (5) business days from City’s request. Without in any way limiting the provisions of this Section, the Parties agree that this Section shall be interpreted in accordance with the provisions of California Civil Code Section 2778 in effect as of the Effective Date. Developer’s indemnity obligations set forth in this Section shall survive the termination or expiration of this Agreement.

B. Notwithstanding this Section, and as a separate and distinct obligation of Developer, except to the extent caused by the gross negligence or intentional misconduct of City or one or more of the City’s Affiliated Parties, Developer agrees to indemnify, defend and hold harmless the Indemnified Parties from and against each and every claim, action, proceeding, cost, fee, legal cost, damage, award or liability of any nature arising from alleged damages caused to 338
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third parties and alleging that the Indemnified Parties is or are liable therefor as a direct or indirect result of City’s approval of this Agreement or any Development Approvals or Subsequent Development Approvals pursuant to this Agreement. Developer’s duties under this Section are solely subject to and conditioned upon the Indemnified Parties written request to Developer to indemnify the Indemnified Parties. Developer shall deposit the expected costs of defense, as reasonably determined by the City Attorney, with City within twenty-one (21) calendar days of notice from City of the claim and shall add to the deposit within twenty-one (21) calendar days from City’s request. Without in any way limiting the provisions of this Section, the Parties agree that this Section shall be interpreted in accordance with the provisions of California Civil Code Section 2778 in effect as of the Effective Date. Developer’s indemnity obligations set forth in this Section shall survive the termination or expiration of this Agreement.

8. PERIODIC REVIEW OF COMPLIANCE WITH AGREEMENT.

A. Periodic Review. City and Developer shall review this Agreement at least once every 12-month period from the Reference Date. City shall notify Developer in writing of the date for review at least thirty (30) calendar days prior thereto. The periodic review shall be conducted in accordance with Government Code Section 65865.1.

B. Good Faith Compliance. During each periodic review, Developer shall be required to demonstrate good faith compliance with the terms of this Agreement. Developer agrees to furnish reasonable evidence of good faith compliance as City, in the exercise of its reasonable discretion, may require. If requested by Developer, City agrees to provide to Developer, a certificate that Developer, or a duly authorized Transferee, is in compliance with the terms of this Agreement, provided Developer reimburses City for all reasonable and direct costs and fees incurred by City with respect thereto.

C. Failure to Conduct Annual Review. The failure of City to conduct the annual review shall not be a default under this Agreement. Further, Developer shall not be entitled to any remedy for City’s failure to conduct this annual review.

D. Initiation of Review by City Council. In addition to the annual review, the City Council may at any time initiate a review of this Agreement by giving written notice to Developer. Within thirty (30) calendar days following receipt of the notice, Developer shall submit evidence to the City Council of Developer’s good faith compliance with this Agreement and the review and determination shall proceed in the same manner as provided for the annual review. The City Council shall initiate its review pursuant to this Section only if it has probable cause to believe City’s general health, safety or welfare is at risk as a result of specific acts or failures to act by Developer.

E. Administration of Agreement. Any final decision by City staff concerning the interpretation and administration of this Agreement and development of the Property in accordance with this Agreement may be appealed by Developer to the City Council, provided that the appeal shall be filed with the City Clerk within ten (10) business days after Developer receives written notice that the staff decision is final. The City Council shall render its decision to affirm, reverse or modify the staff decision within thirty (30) calendar days after the appeal was filed. The decision of the City Council as to the administration of this Agreement shall be final and is not 339
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appealable. The foregoing notwithstanding, breaches of this Agreement are subject to judicial relief as provided in this Agreement.

F. Availability of Documents. If requested by Developer, City agrees to provide to Developer copies of any documents, reports or other items reviewed, accumulated or prepared by or for City in connection with any periodic compliance review by City, provided Developer reimburses City for all reasonable and direct costs and fees incurred by City with respect thereto. City shall respond to Developer’s request on or before ten (10) business days have elapsed from City’s receipt of the request.

9. DEFAULT; REMEDIES; DISPUTE RESOLUTION.

A. Notice of Default. In the event of failure by a Party to substantially perform any material term or provision of this Agreement, the non-defaulting Party shall have those rights and remedies provided in this Agreement, provided that the non-defaulting Party has first provided to the defaulting Party a written notice of default in the manner required by this Section 11 identifying with specificity the nature of the alleged default and the manner in which the default may satisfactorily be cured.

B. Cure of Default. Upon the receipt of the notice of default, the alleged defaulting Party shall promptly commence to cure, correct or remedy the identified default at the earliest reasonable time after receipt of the notice of default and shall complete the cure, correction or remedy of the default not later than ten (10) calendar days after receipt of notice thereof if the breach of this Agreement involves the payment of money, or not later than thirty (30) calendar days after receipt of notice thereof if the breach of this Agreement does not involve the payment of money; provided, however, that if the breach may not reasonably be cured within the thirty (30) calendar day period, then a default shall exist only if the cure of the breach is not commenced within the thirty (30) calendar day period or thereafter is not diligently prosecuted to completion.

C. Developer’s Remedies. Due to the size, nature and scope of the Property and its development, it will not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After the implementation, Developer may be foreclosed from other choices it may have had to utilize the Property and provide for other benefits. Developer has invested significant time and resources and performed extensive planning and processing of the Development of the Property in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Development in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money that would adequately compensate Developer for its efforts. For the above reasons, City and Developer agree that damages would not be an adequate remedy if City fails to carry out its obligations under this Agreement and that Developer shall have the right to seek and obtain specific performance as a remedy for any breach of this Agreement. Moreover, City would not have consented to this Agreement if it were to be subject to damages for breach of this Agreement.

Therefore, Developer specifically agrees that it has no authority under this Agreement or otherwise to seek monetary damages against City for any breach of this Agreement by City, and agrees not to seek monetary damages against City for breach of this Agreement. 340
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D. City Remedies. In the event of an uncured default by Developer of the terms of this Agreement, City, at its option, may institute legal action in law or in equity to cure, correct or remedy the default, enjoin any threatened or attempted violation, or enforce the terms of this Agreement by specific performance as its sole and exclusive remedy. Furthermore, City, in addition to or as an alternative to exercising the remedies set forth in this Section, in the event of a material default by Developer, may give notice of its intent to terminate or modify this Agreement pursuant to this Agreement and/or the Development Agreement Act, in which event the matter shall be scheduled for consideration and review by the City Council in the manner set forth in the Development Agreement Act.

E. Judicial Review. Based on the foregoing, in the event Developer judicially (including by way of a reference proceeding) challenges the application of a Subsequent Land Use Regulation as being in violation of this Agreement and as not being a land use regulation adopted pursuant to the Reservation of Authority, Developer shall bear the burden of proof in establishing that the rule, regulation or policy is inconsistent with the Land Use Regulations, the Development Approvals, or both and City shall thereafter bear the burden of proof in establishing that the rule, regulation or policy was adopted pursuant to and in accordance with the Reservation of Authority and was not applied by City in violation of this Agreement.

F. Local, State and Federal Laws. Developer and its contractors shall carry out the design and construction of all private improvements on the Property and all Public Improvements in conformity with all applicable laws, including, without limitation, all applicable federal, state and local occupation, employment, prevailing wage, safety and health laws, rules, regulations and standards. Developer agrees to indemnify, defend and hold the Indemnified Parties harmless from and against any cost, expense, claim, charge or liability relating to or arising directly or indirectly from any breach by or failure of Developer or its contractor(s) or agents to comply with the laws, rules, regulations or standards. Developer’s indemnity obligations set forth in this Agreement shall survive the termination or expiration of this Agreement.

10. MORTGAGEE PROTECTION; CERTAIN RIGHTS TO CURE.

A. Encumbrances on the Property. This Agreement shall not prevent or limit Developer from encumbering the Property or any portion thereof or any improvements thereon with any mortgage, deed of trust, sale and leaseback arrangement, or any other form of conveyance (“Mortgage”) in which the Property, or a portion thereof or interest therein, is pledged as security, and contracted for in good faith and fair value in order to secure financing with respect to the construction, development, use or operation of the Property.

B. Mortgagee Protection. This Agreement shall be superior and senior to the lien of any Mortgage. Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value, and any acquisition or acceptance of title or any right or interest in or with respect to the Property or any portion thereof by a holder of a beneficial interest under a Mortgage, or any successor or assignee to the holder (“Mortgagee”), whether pursuant to foreclosure, trustee’s sale, deed in lieu of foreclosure, lease termination or otherwise, shall be subject to all of the terms and conditions of this Agreement.
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C. Mortgagee Not Obligated. No Mortgagee will have any obligation or duty under this Agreement to perform the obligations of Developer or other affirmative covenants of Developer under this Agreement, or to guarantee performance. In addition, the Mortgagee shall have no right to develop or operate the Property without fully complying with the terms of this Agreement, and to the extent that any covenant to be performed by Developer is a condition to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City’s performance under this Agreement.

D. Notice of Default to Mortgagee; Right of Mortgagee to Cure. City shall, upon written request to City, deliver to each Mortgagee a copy of any notice of default given to Developer under the terms of this Agreement, at the same time the notice of default is provided to Developer. The Mortgagee shall have the right, but not the obligation, to cure, correct or remedy the default, within sixty (60) calendar days after the receipt of the notice from City for monetary defaults, or within sixty (60) calendar days after Developer’s cure period has expired for nonmonetary defaults, or, for the defaults that cannot reasonably be cured, corrected or remedied within the period, the Mortgagee may cure, correct or remedy the default if the Mortgagee commences to cure, correct or remedy the default within the sixty (60) calendar day period, and continuously and diligently prosecutes the cure to completion. If the default is of a nature that can only be remedied or cured by the Mortgagee upon obtaining possession of the Property, the Mortgagee shall have the right to seek to obtain possession with diligence and continuity through foreclosure, a receiver or otherwise, and shall be permitted thereafter to remedy or cure the default within the time as is reasonably necessary to cure or remedy the default but in no event more than ninety (90) calendar days after obtaining possession. If a default cannot, with diligence, be remedied or cured within the ninety (90) calendar day period, then the period shall be extended to permit the Mortgagee to effect a cure or remedy so long as Mortgagee commences the cure or remedy during the ninety (90) calendar day period, and thereafter diligently pursues the cure to completion.

11. ESTOPPEL CERTIFICATES.

A. Estoppel Certificates.
(1) Written Request. Either Party may at any time deliver written notice to the other Party requesting an estoppel certificate (the “Estoppel Certificate”) stating: (1) this Agreement is in full force and effect and is a binding obligation of the Parties; (2) this Agreement has not been amended or modified either orally or in writing or, if so amended, identifying the amendments; and (3) no default in the performance of the requesting Party’s obligations under this Agreement exists or, if a default does exist, the nature and amount of any default. (2) Thirty (30) Days to Respond. A Party receiving a request for an Estoppel Certificate shall provide a signed certificate to the requesting Party within thirty (30) calendar days after receipt of the request.
(3) Authorized Signatories. The City Manager or any person designated by the City Manager may sign the Estoppel Certificates on behalf of City. Any officer of Developer may sign on behalf of Developer.
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(4) Reliance. An Estoppel Certificate may be relied on by successors, assignees and mortgagees.
(5) Reimbursement. In the event that one Party requests an Estoppel Certificate from the other, the requesting Party shall reimburse the other Party for all reasonable and direct costs and fees incurred by the Party with respect thereto. (6) Failure to Provide Estoppel Certificate. Failure by a Party to provide an Estoppel Certificate within thirty (30) calendar days after receipt of the request therefor shall be deemed confirmation that this Agreement is in full force and effect, has not been amended or modified either orally or in writing and that no defaults in the performance of the requesting Party’s obligations under this Agreement exist.

12. MISCELLANEOUS.

A. Notices. All notices permitted or required under this Agreement must be in writing and shall be effected by: (i) personal delivery; (ii) first class mail, registered or certified, postage fully prepaid; or (iii) reputable same-day or overnight delivery service that provides a receipt showing date and time of delivery, addressed to the following Parties, or to such other address as any Party may from time to time designate in writing in the manner as provided in this Agreement:

To City: City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Attn: City Manager

To Developer: Dae Won Food U.S.A., Inc.
400 E. Alondra Blvd.

Carson, CA 91722
Attn: Jae Kyung Ahn
Any written notice, demand or communication shall be deemed received immediately if personally delivered or delivered by same-day or overnight delivery service, and shall be deemed received on the third (3rd) business day from the date it is postmarked if delivered by registered or certified mail.

B. Force Majeure. In addition to specific provisions of this Agreement, performance by either Party under this Agreement shall not be deemed to be in default where delays or failures to perform are due to the elements, fire, earthquakes or other acts of God, strikes, labor disputes, lockouts, acts of the public enemy, riots, insurrections, or governmental restrictions imposed or mandated by other governmental entities. City and Developer may also extend times of performance under this Agreement in writing. Notwithstanding the foregoing, Developer is not entitled pursuant to this Section to an extension of time to perform because of past, present or 343
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future difficulty in obtaining suitable construction financing or permanent financing for the Development, or because of economic or market conditions.

C. Binding Effect. This Agreement, and all of the terms and conditions of this Agreement, shall be binding upon and inure to the benefit of the Parties, any subsequent developer of all or any portion of the Property or the Property, and their respective assigns, heirs or successors in interest, whether or not any reference to this Agreement is contained in the instrument by which the Person acquired an interest in the Property. The provisions of this Agreement shall constitute mutual covenants that shall run with the land comprising the Property for the benefit thereof, and the burdens and benefits of this Agreement shall bind and inure to the benefit of each of the Parties to this Agreement and all successors in interest to the Parties to this Agreement for the term of this Agreement.

D. Independent Entity. In entering into and performing this Agreement, each of Developer and City is acting as an independent entity and not as an agent of the other in any respect.

E. Agreement Not to Benefit Third Parties. This Agreement is made for the sole benefit of the Parties, and no other person shall be deemed to have any privity of contract under this Agreement nor any right to rely on this Agreement to any extent for any purpose whatsoever, nor have any right of action of any kind on this Agreement nor be deemed to be a third party beneficiary under this Agreement.

F. Nonliability of City Officers and Employees. No official, officer, employee, agent or representative of City, acting in his/her official capacity, shall be personally liable to Developer, or any successor or assign, for any loss, costs, damage, claim, liability, or judgment, arising out of or connection with this Agreement, or for any act or omission on the part of City.

G. Covenant against Discrimination. Developer and City covenant and agree, for themselves and their respective successors and assigns, that there shall be no discrimination against, or segregation of, any person or group or persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, or any other impermissible classification, in the performance of this Agreement. Developer shall comply with the Americans with Disabilities Act of 1990, as amended (42 U.S.C. § 12101 et seq.).

H. No Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought and referring expressly to this Section. No delay or omission by either Party in exercising any right or power accruing upon non-compliance or failure to perform by the other Party under any of the provisions of this Agreement shall impair any right or power or be construed to be a waiver thereof, except as expressly provided in this Agreement. No waiver by either Party of any of the covenants or conditions to be performed by the other Party shall be construed or deemed a waiver of any succeeding breach or nonperformance of the same or other covenants and conditions of this Agreement.
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I. Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, to the extent that the invalidity or unenforceability does not impair the application of this Agreement as intended by the Parties.

J. Construction. This terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply. As used in this Agreement, and as the context may require, the singular includes the plural and vice versa, the masculine gender includes the feminine and vice versa, “or” is not exclusive, “includes” and “including” are not limiting, “shall,” “will” or “agrees” are mandatory, and “may” is permissive.

K. Recordation. This Agreement shall be recorded by City with the County Recorder of San Bernardino County within the period required by California Government Code Section 65868.5. Amendments approved by the Parties, and any cancellation or termination of this Agreement, shall be similarly recorded.

L. Captions and References. The captions of the sections of this Agreement are solely for convenience of reference, and shall be disregarded in the construction and interpretation of this Agreement. Reference in this Agreement to a section or exhibit are the sections and exhibits of this Agreement.

M. Time. Time is of the essence in the performance of this Agreement and for each and every term and condition of this Agreement as to which time is an element.

N. Entire Agreement. This Agreement, including all exhibits attached hereto, constitutes the final, complete and exclusive statement of the terms of the agreement between the Parties with respect to the subject matter of this Agreement, and this Agreement supersedes all previous oral or written negotiations, discussions and agreements between the Parties, and no parole evidence of any prior or other agreement shall be permitted to contradict or vary the terms of this Agreement. No Party has been induced to enter into this Agreement, by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement.

O. Counterpart Signature Pages. For convenience the Parties may execute and acknowledge this Agreement in counterparts and when the separate signature pages are attached to this Agreement, shall constitute one and the same complete agreement.

P. Authority to Execute. Developer warrants and represents that to its knowledge as of the Reference Date: (i) it is duly organized and existing; (ii) it is duly authorized to execute and deliver this Agreement; (iii) by so executing this Agreement, Developer is formally bound to the provisions of this Agreement; (iv) Developer’s entering into and performance of its obligations set forth in this Agreement do not violate any provision of any other agreement to which Developer is bound; and (v) there is no existing or threatened litigation or legal proceeding of which Developer is aware that could prevent Developer from entering into or performing its obligations set forth in this Agreement.
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Q. No Brokers. Each of City and Developer represents to the other Party that it has not engaged the services of any finder or broker and that it is not liable for any real estate commissions, broker’s fees or finder’s fees that may accrue by means of this Agreement, and agrees to hold harmless the other Party from the commissions or fees as are alleged to be due from the Party making the representations.

R. Subsequent Amendment to Authorizing Statute. This Agreement has been entered into in reliance upon the provisions of the Development Agreement Act in effect as of the Effective Date. Accordingly, notwithstanding any other provision in this Agreement, to the extent that subsequent amendments to the Development Agreement Act would affect the provisions of this Agreement, the amendments shall not be applicable to this Agreement unless necessary for this Agreement to be enforceable or required by law, or unless this Agreement is modified pursuant to the provisions set forth in this Agreement and Government Code Section 65868 as in effect on the Effective Date.

S. Interpretation and Governing Law. The language in all parts of this Agreement shall, in all cases, be construed as a whole and in accordance with its fair meaning.

This Agreement and any dispute arising under this Agreement shall be governed and interpreted in accordance with the laws of the State of California. The Parties understand and agree that this Agreement is not intended to constitute, nor shall be construed to constitute, an impermissible attempt to contract away the legislative and governmental functions of City, and in particular, City’s police powers. In this regard, the Parties understand and agree that this Agreement shall not be deemed to constitute the surrender or abnegation of City’s governmental powers over the Property.

T. No Joint and Several Liability. At any time that there is more than one Developer, no breach of this Agreement by a developer shall constitute a breach by any other developer. Any remedy, obligation, or liability, including, but not limited to, the obligations to defend and indemnify City, arising by reason of the breach shall be applicable solely to the Developer that committed the breach. However, City shall send a copy of any notice of violation to all Developers, including those not in breach. In addition, and except as provided in Section

3.D., a default by any Transferee shall only affect that portion of the Property owned by the Transferee and shall not cancel or diminish in any way Developer’s rights under this Agreement with respect to any portion of the Property not owned by the Transferee. The Transferee shall be responsible for the reporting and annual review requirements relating to the portion of the Property owned by the Transferee, and any amendment to this Agreement between City and a Transferee shall only affect the portion of the Property owned by the Transferee U. Exhibits. The following exhibits are attached to this Agreement and incorporated herein by this reference:
(1) Exhibit “A”: Project Site Map and Legal Description; (2) Exhibit “B”: Location and Development Plan 19-12; and (3) Exhibit “C”: Parcel Map No. 20097.
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[INTENTIONALLY LEFT BLANK; SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, Developer and City have executed this Agreement as of the Reference Date.
“DEVELOPER”
Dae Won Food U.S.A., Inc.,
a California corporation
By: __________________________
Name: __________________________
Its: __________________________
By: __________________________
Name: __________________________
Its: __________________________

“CITY”

CITY OF ADELANTO,
a California municipal corporation
___________________________________
Gabriel Reyes, Mayor
ATTEST:
_________________________________
Brenda Lopez, City Clerk

APPROVED AS TO FORM:

OMLO
_________________________________
Marc Tran, City Attorney
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Adelanto City CouncilFebruary 23, 2022

Adelanto City Council
February 23, 2022