Adelanto City Council
October 5, 2023

AGENDA

SPECIAL MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC FINANCING AUTHORITY,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
OCTOBER 5, 2023

City Council
Gabriel Reyes, Mayor
Daniel Ramos, Mayor Pro Tem
Joy Jeannette, Councilor
Angelo Meza, Councilor
Amanda Uptergrove, Councilor
City Manager
Jessie Flores
City Attorney
Todd Litfin
Meetings held:
2 nd & 4th Wednesday
Adelanto Governmental Center
City Council Chambers
11600 Air Expressway, Adelanto
Closed Session: 5:00 p.m.

Open Session: Thereafter
NOTE: PLEASE TURN CELL PHONES OFF OR PLACE THEM ON VIBRATE DURING THE CITY COUNCIL MEETING AS A COURTESY TO OTHERS. Thank you, Administrative Staff The City Council Agenda packet may be reviewed by the public at the reception counter in City Hall. Any writings or documents pertaining to an open session item, provided to a majority of the City Council within 72 hours of a regular meeting, shall be made available for public inspection at the reception counter in City Hall at 11600 Air Expressway, Adelanto, CA 92301, during normal business hours. Members of the public can view the agenda or download any staff reports in advance by accessing the City website at www.ci.adelanto.ca.us on Thursday the week before the scheduled meeting.

The public may view the meeting or participate / comment remotely as follows:
• All of our meetings are streamed live at
https://adelanto.granicus.com/ViewPublisher.php?view_id=1 and are also available for playback after the meeting.
• Participate via zoom please log in using any of the options below:
• Teleconference
https://zoom.us/j/93146444676?pwd=YVU5anBFak1xSFZ4emNnNW9FNExiQT09 Or Telephone:
1-669-900-6833
Webinar ID: 931 4644 4676
Passcode: 7601
Submit written comments:

We encourage submittal of written comments supporting, opposing, or otherwise commenting on an agenda item, for distribution to the City Council prior to the meeting. Send emails to 1 SPECIAL MEETING
October 5, 2023
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us [email protected]; written correspondence may be sent to Brenda Lopez, 11600 Air Expressway Adelanto CA 92301.

Rules of Decorum
“Members of the Public are advised that all PAGERS, CELLULAR TELEPHONES and any OTHER COMMUNICATION DEVICES are to be turned off upon entering the City Council Chambers.” If you need to have a discussion with someone in the audience, kindly step out into the lobby. Under the Government Code, the City Council may regulate disruptive behavior that impedes the City Council Meeting.

Disruptive conduct may include, but is not limited to:
• Screaming or yelling during another audience member’s public comments period; • Profane language directed at individuals in the meeting room; • Throwing objects at other individuals in the meeting room; • Physical or verbal altercations with other individuals in the meeting room; and • Going beyond the allotted three-minute public comment period granted.

When a person’s or group’s conduct disrupts the meeting, the Mayor or presiding officer will request that the person or group stop the disruptive behavior, and WARN the person or group that they will be asked to leave the meeting room if the behavior continues.

If the person or group refuses to stop the disruptive behavior, the Mayor or presiding officer may order the person or group to leave the meeting room, and may request that those persons be escorted from the meeting room. Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403.) It should also be noted that any person who WILLFULLY disturbs or breaks up the City Council meeting may be arrested for a misdemeanor offense. (Penal Code, § 403.)

MEMBERS OF THE PUBLIC WISHING TO ADDRESS THE CITY COUNCIL MEMBERS

ARE REQUIRED TO FILL OUT A SPEAKER REQUEST FORM AND PLACE IT IN THE TRAY ON THE PODIUM PRIOR TO MEETING. Thank you, Administrative Staff The City Council packet may be reviewed by the public at the reception counter in City Hall. Any writings or documents pertaining to an open session item, provided to a majority of the City Council Members within seventy-two (72) hours of a Regular Meeting and twenty-four (24) hours of a Special Meeting. Members of the public can view the agenda or download any staff reports in advance by accessing the City’s website at www.ci.adelanto.ca.us on the Thursday of the week before the scheduled meeting.

AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (760) 246-2300, ext. 11123, no later than seventy-two (72) hours prior to the meeting per 28 CFR 34.102.104.
2 SPECIAL MEETING
October 5, 2023
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us TIME: _____________
ROLL CALL: Councilor Jeannette ________
Councilor Meza ________
Councilor Uptergrove ________
Mayor Pro Tem Ramos ________
Mayor Reyes ________

1. City Manager to announce if there is any addition/removal of items from the agenda.

C. APPROVAL OF AGENDA
D. ANNOUNCEMENT OF CLOSED SESSION ITEMS

1. CONFERENCE WITH LEGAL COUNSEL − EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE §54956.9(d)(1). (One case)
“BEAL V CITY OF ADELANTO (Claim #:2008670)

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO § 54956.9(b): (3 cases) E. PUBLIC COMMUNICATION ON CLOSED SESSION ITEMS
A. CALL TO ORDER—CLOSED SESSION
B. DELETIONS/ADDITIONS TO AGENDA
3 SPECIAL MEETING
October 5, 2023
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us F. CONVENE INTO CLOSED SESSION
TIME: _____________

1. Motion to go into Closed Session.

M__________________S__________________ACTION__________________ TIME: _____________
ROLL CALL: Councilor Jeannette ________
Councilor Meza ________
Councilor Uptergrove
Mayor Pro Tem Ramos ________
Mayor Reyes ________
INVOCATION:

FLAG SALUTE: ______________________
H. CLOSED SESSION REPORT
I. PUBLIC COMMUNICATIONS
This is the time and place for members of the public to comment on any matter within the jurisdiction of the City Council. Members of the public wishing to address the City Council Members on items not on the agenda can push *9 on their telephones to raise their hands. The City Clerk will call on you in the order received. You will be asked to un-mute - to do so you must push *6. Please state your name for the record. There is a time limit of three (3) minutes.

Members of the audience may address the City Council on non-agenda items; however, in accordance with Government Code section 54954.2, the City Council may not take action on an item not appearing on the agenda
G. CALL TO ORDER—SPECIAL MEETING
4 SPECIAL MEETING
October 5, 2023
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us J. CONSENT CALENDAR
Items on the Consent Calendar are considered routine in nature and non-controversial, and require no further discussion by the City Council. They may be acted on in one motion unless a member of the City Council requests a separate discussion on an item.

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED

1. Waiver of Full Reading of Ordinances. Proposed action to waive full reading (except title) of all ordinances appearing on this City Council agenda as authorized by Government Code Section 36934, unless otherwise directed by the City Council.

2. Approval of Emergency Animal Control Policy.

3. Consideration of Amendment No.1 to the Professional Consultant Services Agreement with David Evans and Associates Inc (DEA) to increase total compensation and services.

4. Approve Granting an Easement to Edison to place power lines to build Digital Sign Board at the Adelanto Stadium.

5. Approval of Subdivision Agreement for Victory Lane LLC, Tract number 17710.

M__________________S__________________ACTION__________________ K. ITEMS REMOVED FROM THE CONSENT CALENDAR
L. ADJOURNMENT
The next Regular Meeting of the City Council will be held on October 11, 2023, at 7:00 p.m.

TIME OUT:

M__________________S__________________ACTION____________________ 5 REGULAR MEETING
October 5, 2023
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us

I, BRENDA LOPEZ, CITY CLERK OF THE CITY OF ADELANTO, OR MY DESIGNEE,

HEREBY CERTIFY THAT A TRUE, ACCURATE COPY OF THE FOREGOING AGENDA WAS POSTED ON OCTOBER 4, 2023, TWENTY-FOUR (24) HOURS PRIOR TO THE MEETING PER GOVERNMENT CODE 54954.2 IN THE GOVERNMENTAL CENTER’S DISPLAY CASE, 11600 AIR EXPRESSWAY, THE ADELANTO POST OFFICE, AND ADELANTO LIBRARY IN ADELANTO, CALIFORNIA.

Brenda Lopez, City Clerk, CMC
M. DECLARATION OF POSTING
6 REGULAR MEETING
October 5, 2023
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us

YOUR CITY GOVERNMENT
CHARTER CITY: Ratified by the electors of the City at an election on November 3, 1992. “A Charter City can do what the Charter permits it to do, so long as there is not direct violation of the State Constitution.”
CITY COUNCIL: The City Council is the legislative and policy-making body of the City. The City Council is composed of one elected Mayor and four Council Members, elected at large (to represent the entire City), to serve four (4) year, staggered terms.

CITY MANAGER: The City Manager is the chief executive officer responsible for the day-to-day administration of City affairs.

CITY COUNCIL MEETING: The regular meeting of your City Council is a vital part of the democratic process in the conduct of the City’s affairs. These meetings are open to the public and conducted by your elected representatives who are responsible, as a body, for the operation of Adelanto’s City government. The City Council appreciates your interest and urges citizen participation in government matters.

LEGISLATIVE TERMS
ORDINANCES: Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a City Council meeting as a “first reading.” At a subsequent City Council meeting, there will be a “second reading” and vote for or against adoption. Ordinances go into effect after a waiting period of thirty (30) days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose.

RESOLUTIONS: Resolutions and minute orders are the means by which the City Council formally adopts policies and/or approves specific actions. These go into effect upon adoption 7 Adelanto City Hall ~ 11600 Air Expressway, Adelanto, CA 92301 ~ (760) 246-2300 ~ Fax (442) 249-1121

SPECIAL MEETING

OF THE ADELANTO CITY COUNCIL

ADELANTO PUBLIC FINANCING AUTHORITY,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
OCTOBER 5, 2023
All of our meetings are streamed live at https://adelanto.granicus.com/ViewPublisher.php?view_id=1 and are also available for playback after the meeting.

Participate via zoom please log in using any of the options below:

Teleconference https://us06web.zoom.us/j/93146444676?pwd=YVU5anBFak1xSFZ4emNnNW9FNExiQT09

TIME TELECONFERENCE
To Participate and Call in for public comments:

Please call 1 669 444 9171 along with
Closed Session – 5:00 p.m. conference code 931 4644 4676 Open Session – Thereafter Passcode: 7601

Dated: October 4,2023 Brenda Lopez, City Clerk, CMC
8 CITY COUNCIL AGENDA REPORT
DATE: October 5, 2023
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Jerry Sanders Community Safety Officer
SUBJECT: Emergency Animal Control Policy
STAFF RECOMMENDATION:

Adelanto Animal Care and Control is one of the best organizations to eliminate pain and suffering and enhance the quality of life for animals in our area. Every day, the Division impacts companion animals in and around our community and improves people’s interaction with them. Additionally, Animal Care and Control is the source for valuable information about animals and provides the best opportunity for homeless animals to find their way home.

In December 2022, the city received notice of termination service from VVALP (Victor Valley Animal Protective League). Prior to receiving notice, the City entered into a contract for service with Barstow Humane Society to shelter the impounded animals from Adelanto. Currently, Barstow Humane Society and many shelters in the region are experiencing a high frequency of owner relinquished and stray animals which conditions are straining animal shelters beyond their capacity and service limits.

Our contract shelter is still full. Empty kennels mean animals are getting care and recovering, not extra space. Crowding is a nationwide issue, and Adelanto is no exception. Now more than ever, please secure your pets and spay and neuter them.

Effective immediately Adelanto animal care control will be adjusting our operations to accept stray animals by appointment only, due to the high overcrowding and avoid euthanasia for space.

Appointments will coincide with our contract shelter being able to take in animals. Our managed intake process allows us to prioritize the well-being of animals and mitigate the spread of disease. Adelanto Animal Control will no longer accept owners to surrender animals. The owner will be required to rehome the animal or coordinate with a rescue group to accept their animal.

This urgency policy will also temporarily suspend a majority of the “return to owner fees” for certain impounded animals that were found loose or stray, and fees for new licenses, subject to pet owners agreeing to microchip their animals. Increasing the number of microchipped pets is necessary and provides substantial benefits by boosting the ability of Animal Control Officers to identify animal owners and reunite them with their lost pets and reduce the number of sheltered animals. All other Animal Control policies and ordinance will remain in effect.
9 Animal Control will still respond to calls for service for the following, • Deceased animals.
• Injured/sick animals with proof. (Text photo)
• Snakes in the habitual portion of the residence.
• Animal bites.
• Animal vs Animal
• Emergency Agency assist.

This will also save the city an estimated $10,000 to $12,000 per month in shelter fees.

Within the last 3 months approximately 193 dogs and 93 cats were taken to Barstow Humane Society from The City.

We appreciate the support of our community, which helps us stay focused on our mission. City staff will continue monitoring the situation and return to the City Council for further direction, when and if circumstances change.
10 CITY COUNCIL AGENDA REPORT
A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y DATE: October 11, 2023
TO: Honorable Mayor and City Council Members
FROM:

BY:

Jessie Flores, City Manager
Angel Castellanos, Director of Finance
SUBJECT: CONSIDERATION OF AMENDMENT NO.1 TO THE PROFESSIONAL CONSULTANT

SERVICES AGREEMENT WITH DAVID EVANS AND ASSOCIATES INC (DEA) TO

INCREASE TOTAL COMPENSATION AND SERVICES
STAFF RECOMMENDATION:

Staff Recommends the City Council approve Amendment No. 1 to the Professional Consultant Services Agreement with David Evans & Associates Inc. (DEA) to extend Term of the attached Agreement with an increased compensation of Fifteen Thousand Five Hundred Dollars ($15,500).

BACKGROUND:

On January 18, 2023, the City Manager entered into a Professional Consultant Services Agreement (“Agreement”) with David Evans & Associates Inc. to provide professional engineering consulting services for through June 30, 2024. On January 18, 2023, the City entered into an Agreement with David Evans and Associates Inc. to provide various engineering services including project management, Caltrans Planning Coordination, Intersection Control Evaluation and Conceptual Geometric Plan.

The First Amendment will extend the Term of the Agreement through June 30, 2024, to include additional Caltrans and also prepare preliminary engineering plans and dedications from Lawson Avenue and Highway 395 to Delicious Street.

The total compensation amount under both the Master Agreement and the First Amendment is a total not-to-exceed amount of Forty-Five Thousand dollars ($45,000).

FISCAL IMPACT:

For Fiscal year 2024, the cost of Amendment No. 1 of $15,500 is included in the budget.

ATTACHMENTS:

1. First Amendment to Professional Consultant Service Agreement

2. Master Agreement

3. Scope of Work
11 CITY OF ADELANTO
AMENDMENT NO. #1 TO

AGREEMENT FOR SERVICES OF INDEPENDENT CONTRACTOR
This is Amendment No. 1 (“Amendment No.1”) to that certain AGREEMENT FOR SERVICES OF INDEPENDENT CONTRACTOR (“Agreement”) made on 18th Day of January 2023 between the City of Adelanto (“City”) and David Evans and Associates Inc. (“Consultant”), which this Amendment No. 1 is made and entered into on this 11th Day of October, 2023 to extend the professional engineering consulting services, increase the scope of work and increase the compensation amount:

1. Capitalized terms used but not defined in this Amendment No. 1 shall have the meanings ascribed to them in the Agreement.

2. Section 4 “Term” of the Agreement is amended to read as follows:

Term of Services. The term of this Agreement shall begin on October 11, 2023 and shall end on June 30, 2024 unless the term of the Agreement is otherwise terminated or extended.

3. Section 3 “Consulting Fee; Reimbursable Expenses” is amended to read as follows, increasing the contract amount by: Fifteen Thousand Five Hundred dollars ($15,500.00).

The City shall pay DEA a price not to exceed Forty-Five Thousand dollars ($45,000.00) including expenses, as presented in Exhibit B. Any additional costs or changes in scope shall be agreed between both parties prior to authorized work.

4. Exhibit A, “Scope of Services” is supplemented to include the supplement attached as Exhibit A hereto. The supplement to the “Scope of Services” is not intended to replace the original Exhibit A to the Agreement, but instead to augment and increase the scope of work listed in the original Exhibit A to the Agreement.

5. Exhibit B “Fee For Services” is supplemented to include the supplement attached as Exhibit B hereto. The supplement to the “Fee for Services” is not intended to replace 12 AMENDMENT NO. 1
the original Exhibit B to the Agreement, but instead to augment the original Exhibit B to the Agreement.

6. All other terms and conditions of the Agreement remain in full force and effect.

7. This Amendment No. 1 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. (Signatures on Following Page)

13 AMENDMENT NO. 1
CITY:

CITY OF ADELANTO
By:__________________________________
Jessie Flores, City Manager
Date:

APPROVED AS TO FORM:

By:__________________________________
Todd Litfin, City Attorney
Date:

CONSULTANT:

DAVID EVANS AND ASSOCIATES INC.

By:_____________________________
Name:_Robert Kilpatrick, PE/TE _
Title: ___________________________
Date:
14 15
16 17
18 19
20 21
18484 Outer Highway 18 North, Suite 225, Apple Valley, CA 92307 Telephone: 760.524.9100 August 4, 2023 Project No. ADEL0000-2005
City of Adelanto
Attention: Jessie Flores, City Manager
11600 Air Expressway
Adelanto, CA 92301
RE: ADDITIONAL SERVICES AUTHORIZATION # 1

PROFESSIONAL TRAFFIC ENGINEERING SERVICES
HIGHWAY 395 AT LAWON AVENUE – CITY CAPITAL IMROVEMENT PROJECT

ADELANTO, CALIFORNIA
Dear Mr. Flores,
We are pleased to provide this request for additional services to provide traffic engineering services for the proposed improvements on Highway 395 at Lawson Avenue. For the processing of the approvals for the intersection of Highway 395 and Lawson Avenue improvements to Lawson Avenue from Highway 395 west to Delicious Street, and Delicious Street from Lawson Avenue to Cortez Avenue are needed. Preliminary plans will be needed for this proposed City capital improvement project to determine the extent of the improvements and the estimate construction costs.

The city has requested this proposal as a change order to our ongoing traffic engineering services contract for the proposed Highway 395 intersections at Lawson Ave for additional project management/meetings, Caltrans coordination, and the preliminary plans. This proposal describes our proposed scope of services and fee for the additional work.

Please find enclosed our Scope of Services (Attachment A) and associated Fee (Attachment B).

Should you have any questions, please do not hesitate to call me at 760-524-9115.

Sincerely,
DAVID EVANS AND ASSOCIATES, INC.

Robert A. Kilpatrick, PE/TE
Senior Associate
Apple Valley Office
Enclosure
22 ATTACHMENT A

SCOPE OF SERVICES
City of Adelanto
ASA #1 ADEL0000-2005

DEA agrees to perform and furnish the following services:

1. Project Additional Project Management/Meetings/Consulting. This task includes technical and administrative management of the traffic study and participation in internal and external meetings (via phone, Zoom, or in-person) with the project team and/or City of Adelanto staff as needed. This task is proposed with an additional thirty hours (30) of Project Manager, Project Coordinator, and Project Accountant time. If work hours expended approaches said limit Client shall be notified and mutual agreement shall be reached for additional services.

2. Provide Additional Caltrans Coordination / Processing. If development related impacts are identified at a state highway study intersection, DEA will coordinate with Caltrans District 8 Planning / Land Development Review (LDR) formally known as Intergovernmental Relations (IGR) and/or QMAP to obtain conceptual approval of the conceptual geometric plans and ICE reports. This task is proposed with an additional twenty hours (20) of Project Manager, Project Engineer, and Project Coordinator time. If work hours expended approaches said limit Client shall be notified and mutual agreement shall be reached for additional services.

3. Prepare Preliminary Engineering Plans. DEA will prepare Preliminary Plans for the proposed roadway improvements on Lawson Avenue from Highway 395 west to Delicious Street, and Delicious Street from Lawson Avenue to Cortez Avenue. Preliminary Plans will be prepared to determine the two lane roadway alignments, and to examine the feasibility of the construction of water and sewer lines. Work in this task will also include the preparation of Preliminary Cost Estimates.
23 ATTACHMENT B

FEE FOR SERVICES
City of Adelanto
ASA #1 ADEL0000-2005

Fixed Fee by Task
Client will pay DEA a fixed fee for each task (excluding optional task) which includes expenses, for the services defined in Attachment A. The fee, if any, for changes will be added by addendum or Task Order to this Agreement. The fee by task is tabulated below.

Task Description Fixed Fee Cost

1. Project Management/Meetings/Consulting $5,700.00

2. Provide Caltrans Traffic Study Coordination / Processing

3. Preliminary Engineering Plans
$3,800.00
$6,000.00
Total $15,500.00
24 CITY COUNCIL AGENDA REPORT
A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y | A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: October 05, 2023
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Saba Engineer, City Engineer
SUBJECT: Easement to Edison for Powerline
STAFF RECOMMENDATION:

Staff recommends City Council approve granting easement to Edison to place power lines to build digital sign board at the Adelanto Stadium.

BACKGROUND:

City of Adelanto has a development agreement with Bulletin Display, LLC for a 30 year period to allow six (6) new digital-faced and static-faced off premise signs on six sites along Highway 395 and Highway

18. “One of the six (6) locations is at the Adelanto Stadium located at 12000 Stadium Road. Southern California Edison (SCE) requesting 10 foot wide strip easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time underground SCE structures.

Staff recommends City Council approve granting easement to Edison to place power lines to build digital sign board at the Adelanto Stadium.

FISCAL IMPACT:

None
ATTACHMENTS:

A. SCE Easement
B. Lot Line Adjustment
C. SCE Plan
D. Development Agreement with Bulletin Display, LLC
25 26
27 28
29 30
RCS 0076 NLD 12 3 A BV5429823 P5416876 P5416896 V5416875 GS1565 TDRL 4404895E MACK 4404895E 350 CLP HIGHWAY 395 STADIUM WY PRIMROSE RD RCS 0076 NLD 12 3 A B V5429823 P5416876 P5416896V5416875 GS1565 TDRL 4404895E MACK 4404895E 350 CLP HIGHWAY 395 STADIUM WY PRIMROSE RD NEW: P5573947 25/12 DE NEW: 1/0 JCN-12KV NEW: J-6876 NEW: 1/0 JCN-12KV Contact USA Dial 811 or 800-422-4133 UNDERGROUND SERVICE ALERT www.digalert.org/contact 31 32
ORDINANCE NO. 612

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

ADELANTO, COUNTY OF SAN BERNARDINO,

CALIFORNIA, APPROVING AN AGREEMENT BY AND

BETWEEN THE CITY OF ADELANTO AND BULLETIN
DISPLAYS , LLC FOR A 30 YEAR PERIOD TO ALLOW SIX
(6) NEW DIGITAL-FACED AND STATIC-FACED OFFPREMISE SIGNS ON SIX (6) SITES ALONG HIGHWAY 395 AND HIGHWAY 18 WITHIN THE BILLBOARD OVERLAY

ZONE AND ESTABLISH DESIGN, REVENUE SHARE AND

OTHER PROVISIONS
WHEREAS, the State Planning and Zoning Law, Government Code section 65864 Et.Seq., allows a city to enter agreements for the purpose of providing certainty to the development process and to provide a mechanism by which a city and developers can voluntarily agree to the provision of certain facilities and payments in furtherance of development; and WHEREAS, Bulletin Displays LLC, which has a legal and equitable interest in the real property more particularly described Attachment "A", the draft agreement ("Agreement") attached hereto, desires to enter into the Agreement covering such real property in connection with its applications to construct and operate digital outdoor advertising structures on has a leasehold or license interest in that certain portion of real property, located adjacent to Highway (395) and Highway (I 8)_in the Adelanto, Assessor Parcel Numbers 0459-222-02-000 (Site 1), 3 128-221-23- 0000 & 3128-221-25-0000 (Site 2 & 3), Bellflower Street west line, north of Highway 18 has no APN (Site 4) , 3128-241-04-0000 (Site 5), and 3128-241-13-0000 (Site 6), as more specifically described in Exhibit "A" (Legal Description of Sites) and depicted at Exhibit "C", attached hereto and incorporated herein (The Sites), upon which it seeks to install a new lawfully permitted doublesided 14 x 48 foot digital outdoor advertising structures which are oriented toward the Highway 395 & Highway 18, as depicted in Exhibit "D" (The Renderings of the Landmark Message Centers & Bulletin Displays' Static & Digital Signs collectively or singularly referred to as "Signs"); and WHEREAS, the City of Adelanto ("City"), as lead agency, has adopted a Mitigated Negative Declaration dated January 30, 2020 in accordance with the California Environmental Quality Act ("CEQA") as an Initial Study has determined that impacts to the environment would be less than significant with mitigation measures and Mitigated Negative Declaration is proposed for adoption ("Environmental Determination"); and
WHEREAS, the Environmental Determination reflects the independent judgment of the City Council, and is deemed adequate for purposes of making decisions on the merits of the Project; and WHEREAS, in accordance with State law, on April 22,2020, for First Reading and May 13, 2020 for Second Reading, respectively, the City Council conducted duly-noticed public hearings on the Project, reviewed and considered the Project, comments submitted, information presented by City staff, and public testimony regarding the Project; and 33 Ordinance No. 612

NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF ADELANTO DOES ORDAIN AS FOLLOWS:

SECTION 1. The City Council finds that a public hearing has been held before this City Council pursuant to the procedures described in Government Code section 65867. At the hearing, the City Council has considered testimony presented by the public and the Planning Commission's consideration of the Agreement between the City of Adelanto and Bulletin Displays, LLC. Bulletin Displays has testified in writing prior to the meeting and at the meeting that it is in favor of the Agreement.

SECTION 2. The City Council hereby finds that the Agreement between the City and Bulletin Displays, LLC:

A. Is consistent with the objectives, policies, general land uses, and programs specified in the General Plan;
B. Is compatible with the uses authorized in, and the regulations prescribed for, the zoning districts in which the real property is and will be located, and is consistent with the City's Zoning Code;
C. Is in conformity with and will promote public necessity, public convenience, general welfare, and good land use practices;
D. Will be beneficial to the health, safety, and general welfare; E. Will not adversely affect the orderly development of property or the preservation of property values; and
F. Will promote and encourage the development of the proposed Project by providing a greater degree of requisite certainty.

SECTION 3. The City Council hereby approves the Agreement in the form attached hereto as Attachment "A", and incorporates the Agreement herein by this reference. Within ten (10) days after this Ordinance takes effect, the City Council shall execute the Agreement.

SECTION 4. Within ten (10) days after the execution of the Agreement by all parties, the City Clerk is directed to record the Agreement pursuant to the requirements of Government Code section 65868.5.

SECTION 5. The City Clerk shall certify to the passage and adoption of this Ordinance. 34 lel Reyes, Mayor
Ordinance No. 612

SECTION 6. ENVIRONMENTAL DETERMINATION: The City Council finds that the proposed Agreement and Project has been adequately addressed in the Initial Study and Mitigated Negative Declaration dated January 30, 2020 is proposed for adoption, in accordance with the guidelines set forth by the CEQA.

SECTION 7. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after adoption.

SECTION 8. POSTING: The City Clerk shall cause this Ordinance to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of Adelanto.

PASSED, APPROVED, and ADOPTED this 13th . day of NaY
Brenda Lopez
City Clerk
APPROVED AS TO FORM:

Lloyd Pilchen, City Attorney
35 Ordinance No. 612

I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Ordinance No. 612 was duly introduced for first reading on the 22nd day of April, 2020 and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 13th day of May 2020, by the following vote, to-wit:

AYES: Council Members Camargo, Evans, Jeannette, and Mayor Reyes NOES: None
ABSENT: Mayor Pro Tern Hernandez
ABSTAIN: None
IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on this 13 thday of May 2020.

Brenda l z
City Clerk
SEAL
36 0 Recorded in Official Records
County of San Bernardino
Bob Dutton
Assessor-Recorder-County Clerk

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL TO
DOC M 2020-0189795
06/09/2020 Titles: 1 Pages: 43
01:39 PM
SAN Fees: $0.00 City of Adelanto Taxes: $0.00
11600 Air Expressway 68467 CA SB2 Fee:

Total.
$0.00

0.00 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

BULLETIN DISPLAYS, LLC
12459-0051 \ 1852660v10.doc
37 [Exempt From Recording Fee Per Gov. Code §6103]
DEVELOPMENT AGREEMENT NO. 19-02
This Development Agreement (hereinafter "Agreement") is entered into this 8th day of _May, 2020 (hereinafter the "Effective Date"), by and between the City of Adelanto (hereinafter "City"), and Bulletin Displays, LLC, a California limited liability company (hereinafter "Developer"). City and Devloper are sometimes individually referred to herein as "Party" and collectively as "Parties."

RECITALS
A. California Government Code Sections 65864 et seq. ("Development Agreement Law") authorizes cities to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purposes of strengthening the public planning process, encouraging private participation and comprehensive planning and identifying the economic costs of such development.

B. Developer has a leasehold or license interest in that certain portion of real property, located adjacent to Highway (395) and Highway (18)_in the Adelanto, Assessor Parcel Numbers 0459-222-02-000 (Site 1), 3128-221-23-0000 & 3128-221-25-0000 (Site 2 & 3), Bellflower Street west line, north of Highway 18 has no APN (Site 4) ,3128-241-04-0000 (Site 5), and 3128-241-13-0000 (Site 6), as more specifically described in Exhibit "A" (Legal Description of Sites) and depicted at Exhibit "C", attached hereto and incorporated herein (The Sites), upon which it seeks to install a new lawfully permitted double-sided 14 x 48 foot digital outdoor advertising structures which are oriented toward the Highway 395 8c Highway 18, as depicted in Exhibit "D" (The Renderings of the Landmark Message Centers & Bulletin Displays' Static & Digital Signs collectively or singularly referred to as "Signs").

C. The City of Adelanto, Kudco Diversified, LLC, and John Diponio & Rita M.

Diponio(collectively referred to as "Owner") have consented to Developer's application for this Agreement, and Developer, as the lessee of the Sites, as such term is defined below, has a legal and/or equitable interest in the Sites and thus qualifies to enter into this Agreement in accordance with Development Agreement Law.

D. In exchange for the City approvals sought by Developer for the Signs as provided herein, Developer is agreeable to paying to the City an annual Percentage Fee as defined and provided in Sections 2.4 below, for the cost to the City to mitigate the impact of the installation of the Signs.

E. The Sites is located within the following zoning: Business Park (Site 1), Mixed Use (Sites 2), Mixed Use (Site 3), General Commercial (Site 4), Mixed Use (Site 5), and Mixed Use (Site 6).

F. Developer and the City agree that a development agreement should be approved and adopted to memorialize the property expectations of the City and Developer, as more particularly described herein.
1 Development Agreement No. 19-02 - Ordinance No. 612
38 G. On_March 4, 2020, the Planning Commission of the City, at a duly noticed hearing, granted "Development Plan Approval" for the development of the Sites, in compliance with, and satisfying the requirements of, the California Environmental Quality Act ("CEQA"), on the basis that a Mitigated Negative Declaration and Initial Study, which was also approved at the _March 4, 2020 City Planning Commission meeting, concluded that although the proposed project could have a effect on the environment, there will not be a significant effect with the incorporation of mitigation measures pertaining to the aesthetics and views. Such CEQA determination considered the impacts of the Signs which is the subject of this Agreement.

H. On_March 4,2020 , at a duly noticed public hearing, the Planning Commission adopted Resolution No._P-20-05 , recommending approval o f this Agreement to the City Council.

I. On April 22, 2020, _ the Council of the City, at a duly noticed hearing, and in compliance with, and satisfying the requirements of, the California Environmental Quality Act ("CEQA"), approved a Mitigated Negative Declaration and Initial Study at the April 22, 2020 City Council meeting wherein the Council concluded that although the proposed project could have a effect on the environment, there will not be a significant effect with the incorporation of mitigation measures pertaining to the aesthetics and views. Such CEQA determination considered the impacts of the Signs which is the subject of this Agreement.

J. On April 22,2020 , the City Council of the City, at a duly noticed hearing to consider the approval of this Agreement, considered the proposal, heard testimony, and introduced Ordinance No. 612 , which Ordinance approves this Agreement.

K. The City Council has found that this Agreement is in the best public interest of the City and its residents, adopting this Agreement constitutes a present exercise of the City's police power, and this Agreement is consistent with the City's General Plan. This Agreement and the proposed Development (as hereinafter defined) will achieve a number of City objectives, including utilizing the Sites for a revenue-generating use. Upon any termination of the Term (as defined below) of this Agreement, Developer will remove the digital displays if a new development agreement is not negotiated with the City, but the static displays may remain.

L. On May 13, 2020 , the City Council held the second
reading on, and adopted Ordinance No. 612 , thereby approving this Agreement.

M. The City finds and determines that all actions required of the City precedent to approval of this Agreement by Ordinance No._612 of the City Council have been duly and regularly taken.

N. The purpose of this Agreement is to set forth the rules and regulations applicable to the Development, which shall be accomplished in accordance with this Agreement, including the Scope of Development (Exhibit "B") which sets forth a description of the Development and the Schedule of Performance (Exhibit "E").
2 Development Agreement No. 19-02 Ordinance No. 612
39 COVENANTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. DEFINITIONS AND EXHIBITS.

1.1 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 the Agreement. In addition to the terms defined in the Recitals above, the defined terms include the following:

1.1.1 "Agreement" means this Development Agreement and all attachments and exhibits hereto.

1.1.2 "City" means the City of Adelanto, a California municipal corporation.

1.1.3 "City Council" means the City Council of the City of Adelanto.

1.1.4 "Developer" means Bulletin Displays, LLC, California limited liability company, duly existing and operating, and its successors and assigns, doing business at 3127 E.

South St, Long Beach, CA 90805.

1.1.5 "Development" means the installation of the Signs on the Sites and connect aerially all utilities from Southern California Edison's electrical source or an electrical source located elsewhere on Owner's property (e.g., from an electrical panel on a building situation on Owner's property) to the Signs and all appurtenances thereto and all modifications and improvements placed by it, or with its authority, upon the Sites. The Developer is and shall remain the owner of the Development as a trade fixture and Developer is the owner of all of the Signs permits to the Development.

1.1.6 "Development Approvals" means the approved Development, based on the recommended approval by the Planning Commission on March 4, 2020 , pursuant to Resolution No. 20-05 , and approval of the City Council by Ordinance No.612 on May 13, 2020 , as further described at Section 3.3 herein.

1.1.7 "Effective Date" means the date inserted into the preamble of this Agreement, which is 30 days following approval of this Agreement by ordinance of the City Council, provided this Agreement is signed by Developer and the City.

1.1.8 "Final Permits" shall have the meaning set forth at Section 2.5.

1.1.9 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations and official policies of the City, including, but not limited to, the City's General Plan, Municipal Code and Zoning Code, which govern development and use of the Sites, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of the Signs, and the design, improvement and 3 Development Agreement No. 19-02 — Ordinance No. 612
40 construction standards and specifications applicable to the Development or the Sites which are in full force and effect as of the Effective Date of this Agreement, subject to the terms of this Agreement. Land Use Regulations shall also include the federal National Pollutant Discharge Elimination System ("NPDES") regulations and approvals from the California Department of Transportation Outdoor Advertising Division, to the extent applicable.

1.1.10 "Lease" means the lease or license agreement, as the case may be, for the privately owned Sites between a third party Owner, as landlord or licensor, and Developer, as tenant or licensee.

1.1.11 "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security-device, a lender or each of their respective successors and as Signss.

1.1.12 "Sites" refers to the Sites described in Recital B and more specifically described on Exhibit "A" attached hereto and incorporated herein.

1.1.13 "Schedule of Performance" means the Schedule of Performance attached hereto as Exhibit "E" and incorporated herein.

1.1.14 "Scope of Development" means the Scope of Development attached hereto as Exhibit "S" and incorporated herein.

1.1.15 "Subsequent Land Use Regulations" means any Land Use Regulations effective after the Effective Date of this Agreement (whether adopted prior to or after the Effective Date of this Agreement) which govern development and use of the Sites.

1.1.16 "Subsequent Development Approvals" means any Development Approvals sought by Developer in connection future changes desired to be made by Developer to the Development following its initial completion.

1.1.17 "Term" shall have the meaning provided in Section 2.3, unless earlier terminated as provided in this Agreement.

1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement: Exhibit "A" (Legal Description of Sites), Exhibit "B" (Scope of Development), Exhibit "C" (The Sites), Exhibit "D" (The Renderings)„ Exhibit "E" (Schedule of Performance).

2. GENERAL PROVISIONS.

2.1 Binding Effect of Agreement. From and following the Effective Date, actions by the City and Developer with respect to the Development, including actions by the City on applications for Subsequent Development Approvals affecting the Sites, shall be subject to the terms and provisions of this Agreement, provided, however, that nothing in this Agreement shall be deemed or construed: (i) to modify or amend the Lease, or any of Developer's obligations thereunder, or to bind or restrict Owner with respect to its ownership or operation of the Sites except as expressly set forth herein with respect to the Development, or (ii) to impose any 4 Development Agreement No. 19-02 Ordinance No. 612
41 obligation whatsoever on Owner with respect to the Development, except as expressly set forth in this Agreement.

2.2 Interest in Sites. The City and Developer acknowledge and agree that Developer is the tenant or licensee of the Sites and thus is qualified to enter into and be a party to this Agreement under the Development Agreement Law. The City and Developer acknowledge and agree that Developer has a legal or equitable interest in the Sites and thus is qualified to enter into and be a party to this Agreement under the Development Agreement Law. Additionally, prior to the execution of this Agreement, Developer has allowed the City to view, but not retain, a redacted copy of the Leases on privately owned properties which demonstrates that Developer has a leasehold or license interest in the privately owned property Sites, which interest shall be maintained for the entire Term of this Agreement. If Developer's leasehold or license interest is prematurely and legally terminated by Owner in conformance with the Lease or license, then Developer shall have no further obligations under Section 3(a) of the Scope of Development, attached as Exhibit "B" herein, relative to the maintenance of landscaping thereon, except as provided under Section 5.1. Additionally, if Developer's leasehold or license interest is prematurely terminated by Owner, then Developer shall have no further obligations under this Agreement, except as provided under Section 5.1.

2.3 Term of Agreement. Unless earlier terminated as provided in this Agreement, the "Term" of this Agreement shall commence on the Effective Date and continue in full force and effect until: (i) 30 years from the later date to occur whereby the City issues the Developer the final inspection on their building permit and Developer receives all other governmental permits as defined in Section 3.3 below ("Final Permits") and Developer shall notify the City within five (5) business days of its receipt of all Final Permits, or (ii) the permanent removal of the Signs constructed pursuant to the terms hereof, other than its removal for repair or replacement, or (iii) if one digital face is removed permanently and replaced with a static face, then this Agreement shall remain in effect for the remaining digital face. A "face" is the 14'x 48' advertising section of the Signs and a Signs has two faces. In such case, the replacement of one digital face with a static face shall require an amendment to this Agreement. Furthermore, in such case (unless one digital face remains), Developer shall completely remove the Signs within the times and as provided under Section 5.1 herein. Within thirty (30) days after the termination of this Agreement, the Parties shall execute a written cancellation of this Agreement which shall be recorded with the County Recorder pursuant to Section 8.1 below. If no extension or renewal of this Agreement is agreed to following its termination, then the digital displays shall come down, at Developers sole cost, but the static displays may remain.

2.4 Percentage Fee: The Percentage Fee shall be an amount equal to seven (7%) (on private property) and 25% (on City owned property) percent of the gross advertising revenue made from all the faces of the Signs on the Development during the preceding calendar year of the Term. "Gross Revenue" is based solely on the revenue generated from the Development's basic advertising area of the digital display, as recorded on the City's building permits, and does not include neon channel letters. Developer shall not conceal advertising revenues derived from the digital display within the normal price range the Developer charges for any appurtenances that is installed on the Development. Gross revenue specifically excludes advertising agency fees paid to the advertiser's advertising agency and or brokerage fees paid to the sales broker other than Developer.
5 Development Agreement No. [9-02-- Ordinance No, 612
42 2.5 For each and every off-premise Signs, static or digital, that is not listed in this Agreement or future Addendums thereto, and that is permitted or that commences operation after the date of this Agreement in the City of Adelanto, legally or illegally (Additional Signs), the Developer shall be entitled to a Twenty-Five percent (25%) reduction in the Percentage Fee listed in Section 2.5 above and this reduction will continue during the remaining term of this Agreement. Said reduction will be tolled during the period that the City seeks administrative and judicial enforcement to remove the off-premise advertising from said Signss as long as the City has red-tagged the Signs to require the off-premise advertising to cease, and the off-premise advertising has ceased, during said enforcement process. The Percentage Fee will be further reduced 25% of the original amount owed for every Additional Signs until the Percentage Fee is Zero ($0.00) due to Four (4) Additional Signs. At no point will the City owe anything additional to Developer if there are Five (5) or more Additional Signs other than the lawful enforcement of the applicable laws. Notwithstanding the foregoing, the Developer shall not be enitled to the subject reduction in Percentage Fee if the City commences any judicial action or cure as provided under Section 4.4.

2.6 Processing Fee: Within ten (10) days after approval of this Agreement by City and any appeal period, Developer shall provide City with a cash payment ("Processing Fee") in the amount of Seven-Thousand Five-Hundred Dollars ($7,500.00) to defray City's costs in negotiating and preparing this Agreement. The Processing Fee shall be in the form of a business check. City shall retain and use the Processing Fee, or any part thereof, for any public purpose within City's discretion. The Processing Fee shall be separate from (i) all business license fees and taxes (due by Developer to City annually), (ii) the Percentage Fee and (iii) any applicable development fees and charges required by City to review the appropriate permits for the extension of the, pursuant to this Agreement, including but not limited to, any plan check, building permit and any other fees imposed by City, as part of its normal governmental operations.

2.7 CEQA Fee: Developer and City shall agree to a CEQA Fee prior to the City Council considering the approval of this Agreement and this CEQA Fee shall cover the entire cost of an environmental company's fee to complying with the California Environmental Quality Act and Developer shall have paid that fee to the City prior to theCity Council considering the approval of this Agreement.

2.8 Revenue Report & Payment of Percentage Fee: Within ninety (90) days following the end of each calendar year of the Term hereof, and ending within ninety (90) days after the termination of the Term, Developer shall furnish to the City a statement in writing ("Revenue Report"), certified by Developer to be correct, showing the total gross advertising revenues made from each sign face of the Development during the preceding calendar year of the Term attributable to each sign display of the Development.

2.9 Prohibited Use. Developer shall not utilize any of the displays on the Signs to advertise tobacco, "gentlemen's clubs," adult entertainment businesses, sexually oriented materials, or use sexually oriented images or language, or as may be prohibited by any City ordinance existing as of the Effective Date of this Agreement.

2.10 Public Service Announcements. Developer shall permit City to place one public service announcement on each of the faces of the Development for up to the equivalent 6 Development Agreement No. 19-02-- Ordinance No. 612
43 time of two four-week periods for each calendar year subject to space available, except the first and last year of this Agreement shall be prorated; provided, however, that such public service announcements shall consist of one slot of at least eight seconds in the standard rotation of eight advertising slots of eight seconds each utilized by Developer for commercial advertising on the applicable face of the Development (this does not prohibit one slot from being broken into two four second slots). "Public Service Announcements" shall be limited to City-sponsored event announcements and non-commercial public service announcements. City shall be responsible (i) for providing Developer with its Public Service Announcements, which may be updated by City at any time and (ii) for any costs associated with providing Developer with the artwork in acceptable format. The Public Service Announcements must be submitted to Developer at least thirty business days before the proposed display date. Content of Public Services Announcements shall be determined in the sole discretion of City. In addition, (i) Developer shall provide use of the advertising space on the Development, as reasonably necessary for emergency broadcasts, Amber Alerts and Wanted Criminal Posting from San Bernardino County Sherriff s Department and (ii) Developer and City will work cooperatively and in good faith for City to place additional Public Service Announcement, both on a space availability bases on the advertising space of the Development and on other digital signs owned by Developer within 10 miles. The City is responsible for requesting the use of the advertising space. Any time not requested and used by the City in a calendar year is not allowed to be used in the next calendar year and is instead voided.

2.11 Discount Advertising. Developer shall offer a ten percent (10%) discount off its applicable rates for display of advertising on the Development to any business that is a member of the Adelanto Chamber of Commerce.

3. DEVELOPMENT AND IMPLEMENTATION OF THE DEVELOPMENT.

3.1 Rights to Develop. Subject to and during the Term of this Agreement, Developer shall have the right to develop the Sites in accordance with, and to the extent of, the Development Approvals, the Land Use Regulations, relocations per Bus. & Prof. Code Section 5412, and this Agreement, provided that nothing in this Agreement shall be deemed to modify or amend any of the pre-existing Land Use Regulations, as more particularly set forth in Section 3.2 below.

3.2 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 Sites, the density and intensity of use of the of the structructure on the Sites, the maximum height and size of proposed structures on the Sites, and the design, improvement and construction standards and specifications applicable to the Sites, shall be as set forth in the Land Use Regulations which are in full force and effect as of the Effective Date of this Agreement, subject to the terms of this Agreement.

3.3 Development Approvals. Developer shall, at its own expense and before commencement of demolition, construction or development of any structures or other work of improvement upon the Sites, secure or cause to be secured any applicable Development Approvals, Conditional Use Permits and a building permits from the City, and any and all permits and approvals which may be required by any other governmental agency or utility affected by such construction, development or work to be performed by Developer pursuant to 7 Development Agreement No, [9-02 — Ordinance No. 612
44 the Scope of Development; provided, however, that the City acknowledges that the City's Planning Commission has approved a Mitigated Negative Declaration for the project, thus complying with, and satisfying the the requirements of, the California Environmental Quality Act ("CEQA"). Not by way of limiting the foregoing, in developing and constructing the Development, Developer shall comply with all: (1) applicable development standards in the City's Municipal Code, (2) applicable NPDES requirements pertaining to the Development, and (3) applicable building codes, except as may be permitted through approved variances and modifications. Developer shall pay all normal and customary fees and charges applicable to such permits, and any fees and charges hereafter imposed by the City in connection with the Development which are standard and uniformly-applied to similar projects in the City. Nothing contained in this Agreement shall be deemed to impose any obligation on Owner with respect to the Development Approvals or the Development. Nothing herein relieves the City from its contractual duty to issue all municipal building permits that are associated with the Development if Developer is in compliance with the terms of this Agreement.

3.4 Timing of Development; Scope of Development. Developer shall commence the Development within the time set forth in the Schedule of Performance, attached hereto as Exhibit "E". "Commencement" of the Development is defined herein as commencement of construction or improvements under the City building permit for the construction of the Signs on the Sites, which shall occur as soon as possible following Developer's receipt of all necessary Development Approvals and Final Permits. In the event that Developer fails to meet the schedule for Commencement of the Development, then after compliance with Section 4.4, the City may terminate this Agreement by delivering written notice to the Developer, and, in the event of such termination, neither Party shall have any further obligation hereunder. However, if circumstances within the scope of Section 8.10 delay the Commencement or completion of the Development, then such delays shall not constitute grounds for any termination rights found within this Agreement. In such case, the timeline to commence or complete the relevant task shall be extended in the manner set forth at Section 8.10. Notwithstanding the above, Developer shall, at all times, comply with all other obligations set forth in this Agreement regarding the construction or improvement of the Signs. Developer shall also maintain the Signs at all times during the Term in accordance with the maintenance provisions set forth in Section 3 of the Scope of Development, attached as Exhibit "B" herein.

3.5 Changes and Amendments. Developer may determine that changes to the Development Approvals are appropriate and desirable. In the event Developer makes such a determination, Developer may apply in writing for an amendment to the Development Approvals to effectuate such change(s); provided that the City may request written consent from Owner if the modification is deemed material. The Parties acknowledge that the City shall be permitted to use its inherent land use authority in deciding whether to approve or deny any such amendment request; provided, however, that in exercising the foregoing reasonable discretion, the City shall not apply a standard different than that used in evaluating requests of other developers.

Accordingly, under no circumstance shall the City be obligated in any manner to approve any amendment to the Development Approvals. The City Manager shall be authorized to approve any non-substantive amendment to the Development Approvals without processing an amendment to this Agreement. A substantive amendment is a modification or expansion of the material terms to this Agreement beyond a minor adjustment thereto that results in essentially the same material terms. All other amendments shall require the approval of the City Council. No 8 Development Agreement No. 19-02 - Ordinance No. 612
45 approvals or amendment is necessary for Developer to upgrade the digital displays installed pursuant to this Agreement during the Term of this Agreement to incorporate newer technology; provided the dimensions under this Agreement are substantially similar and provided the technology is as good or better than required under this Agreement. Developer shall provide written notice of any proposed up-grades and a summary of what the up-grades shall entail.

3.6 Reservation of Authority.

3.6.1 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 the City to cover the estimated actual costs to the City of any applicable permitting fees 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 matter of procedure. Notwithstanding the foregoing, if such change materially changes Developer's costs or otherwise materially impacts its performance hereunder, Developer may terminate this Agreement upon ninety (90) days prior written notice to the City.
(c) Changes adopted by the International Conference of Building Officials, or other similar body, as part of the then most current versions of the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Mechanical Code, or National Electrical Code, as adopted by the City as Subsequent Land Use Regulations, if adopted prior to the issuance of a building permit for development of the Signs. Notwithstanding the foregoing, if such change materially changes Developer's costs or otherwise materially impacts its performance hereunder, Developer may terminate this Agreement upon ninety (90) days prior written notice to the City.
(d) Regulations that are not in conflict with the Development Approvals or this Agreement.
(e) Regulations that are in conflict with the Development Approvals or this Agreement, provided Developer has given written consent to the application of such regulations to the Development.

Applicable federal, state, county and multi-jurisdictional laws and regulations which the City is required to enforce against the Sites or the Development, and that do not have an exception for existing signs or legal nonconforming uses.

3.6.2 Future Discretion of the City. This Agreement shall not prevent the City from denying or conditionally approving any application for a Subsequent Development Approval on the basis of the Land Use Regulations.
9 Development Agreement No. 19-02 -Ordinance No. 612
46 3.6.3 Modification or Suspension by Federal, State, County, or MultiJurisdictional Law, In the event that applicable federal, state, county or multi-jurisdictional laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, and there is no exception for the legal nonconforming use, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such federal, state, county or multi-jurisdictional laws or regulations, and this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provision impractical to enforce. Notwithstanding the foregoing, if such change materially changes Developer's costs or otherwise materially impacts its performance hereunder, Developer may terminate this Agreement upon ninety (90) days prior written notice to the City.

3.7 Regulation by Other Public Agencies. It is acknowledged by the Parties that other public agencies not subject to control by the City may possess authority to regulate aspects of the Development as contemplated herein, and this Agreement does not limit the authority of such other public agencies. Developer acknowledges and represents that, in addition to the Land Use Regulations, Developer shall, at all times, comply with all applicable federal, state and local laws and regulations applicable to the Development and that do not have an exception for a legal nonconforming use including but not limited to the Outdoor Advertising Act (Bus. & Prof. Code, Section 5200 et. seq.). To the extent such other public agencies preclude development or maintenance of the Development and do not have an exception for a legal nonconforming use, Developer shall not be further obligated under this Agreement except as provided in Section 4.1.

Notwithstanding the foregoing, if such action by another public agency materially changes Developer's costs or otherwise materially impacts its performance hereunder, Developer may terminate this Agreement upon ninety (90) days prior written notice to the City.

3.8 Public Improvements. Notwithstanding any provision herein to the contrary, the City shall retain the right to condition any Subsequent Development Approvals on the requirement that Developer pay subsequently required development fees, and/or construct certain subsequently required public infrastructure ("Exactions") at such time as the City shall determine, subject to the following conditions:

3.8.1 The payment or construction must be to alleviate an impact caused by the Development or be of benefit to the Development; and

3.8.2 The timing of the Exaction should be reasonably related to the development of the Development, and said public improvements shall be phased to be commensurate with the logical progression of the development of the Development, as well as the reasonable needs of the public.

3.8.3 It is understood, however, that if the there is a material increase in cost to Developer, or such action by the City otherwise materially impacts Developer or its performance hereunder, Developer may terminate this Agreement upon ninety (90) days prior written notice to the City.

3.9 Fees, Taxes and Assessments. During the Term of this Agreement, the City shall not, without the prior written consent of Developer, impose any additional fees, taxes or 10 Development Agreement No. 19-02 — Ordinance No, 612
47 assessments on all or any portion of the Development, except such fees, taxes and assessments as are described in or required by this Development Agreement and/or the Development Approvals.

However, this Development Agreement shall not prohibit the application of fees, taxes or assessments upon the Sites only and not on the Signs or Developer directly, and Developer is not responsible for said fees, taxes or assesments upon the Sites. The applicable fees, taxes and assesments applicable to Developer are as follows:

3.9.1 Developer shall be obligated to pay those fees, taxes or City assessments that existed as the Effective Date and relate directly to the Signs or are included in the Development Approvals;

3.9.2 Developer shall be obligated to pay any fees or taxes, and increases thereof, imposed on a City-wide basis such as, and which relate directly to the Signs, but not limited to, business license fees or taxes or utility taxes;

3.9.3 Developer shall be obligated to pay all fees applicable to a permit application as charged by the City at the time such application is filed by Developer;

3.9.4 Developer shall be obligated to pay any fees imposed pursuant to any Uniform Code that existed when the permit application is filed by Developer or that exists when Developer applies for any Subsequent Development Approval.

3.10 Changes. Notwithstanding anything to the contrary herein, if there is a change is such fees as compared to those fees in effect as of the Effective Date, or if any additional fees are charged and such additional or increased fees materially change Developer's costs or otherwise materially impacts its performance hereunder, Developer may terminate this Agreement upon ninety (90) days prior written notice to the City.

3.11 Relocation. The Development approved under this section and after the Development is installed and/or becomes nonconforming, the Development may be relocated by mutual agreement between the display owner and the City on whatever terms are agreeable to both parties under the authority of California Business and Professions Code section 5412. "Relocation" as used in this section, includes removal of an advertising structure and construction of a new advertising structure to substitute for the advertising structure removed.

The purpose of this subsection is to allow the City to continue to develop in a planned manner without expenditure of public funds while allowing the continued maintenance of private investment and a medium of public communication established in outdoor advertising. In the event of a Relocation, the Developer, at its sole cost, shall remove the non-conforming Development and leave the underling property in a similar condition prior to the Development, except for the footing can will be in conformance with Section 5.1.1 below..

4. REVIEW FOR COMPLIANCE.

4.1 Annual Review. The City Council shall have the right to review this Agreement annually at the City's sole cost, on or before the anniversary of the commencement of the Term, to ascertain the good faith compliance by Developer with the terms of this Agreement ("Annual Review"). However, no failure on the part of the City to conduct or complete an Annual Review as provided herein shall have any impact on the validity of this Agreement. Developer shall 11 Development Agreement No. 19-02 - Ordinance No. 612
48 cooperate with the City in the conduct of any such Annual Review.

4.2 Special Review. The City Council may, in its sole and absolute discretion, order a special review of compliance with this Agreement at any time at the City's sole cost ("Special Review"). Developer shall cooperate with the City in the conduct of such any Special Review.

4.3 City Rights of Access. Subject to the City's execution of a permit to enter in a form reasonably acceptable to Owner, the City and its officers, employees, agents and contractors shall have the right, at their sole risk and expense, to enter the Sites without interfering with any railroad or other right-of-way, and at all reasonable times with as little interference as possible, for the purpose of conducting the review under this Article 4, inspection, construction, reconstruction, relocation, maintenance, repair or service of any public improvements or public facilities located on the Sites, or to perform any rights of the City under Section 4.2 above. Any damage or injury to the Sites or to the improvements constructed thereon resulting from such entry shall be promptly repaired at the sole expense of the City. Notwithstanding the foregoing or any other provision in this Agreement (including without limitation Section 4.2 above) to the contrary, the City shall have no right whatsoever to enter the Sites unless and until the City executes and delivers to Owner a permit to enter in a form reasonably acceptable to Owner (except that this provision is not intended to interfere with the City's police powers to address any nuisance, dangerous condition, or other condition pursuant to the City's ordinances).

Notwithstanding anything to the contrary herein, in no event will the City's representatives ever climb up the pole of the Signs during any inspection.

4.4 Procedure. Each Party shall have a reasonable opportunity to assert matters which it believes have not been undertaken in accordance with this Agreement, to explain the basis for such assertion, and to receive from the other Party a justification of its position on such matters.

If, on the basis of the parties' review of any terms of this Agreement, either Party concludes that the other Party has not complied in good faith with the terms of this Agreement, then such party may issue a written "Notice of Non-Compliance" specifying the grounds therefore and all facts demonstrating such non-compliance. The Party receiving a Notice of Non-Compliance shall have thirty (30) days to cure or remedy the non-compliance identified in the Notice of NonCompliance, but if such cure or remedy is not reasonably capable of being cured or remedied within such thirty (30) day period, then the Party receiving a Notice of Non-Compliance shall commence to cure or remedy the non-compliance within such thirty (30) day period and thereafter diligently and in good faith prosecute such cure or remedy to completion. If the Party receiving the Notice of Non-Compliance does not believe it is out of compliance and contests the Notice of Non-Compliance, it shall do so by responding in writing to said Notice of NonCompliance within thirty (30) days after receipt of the Notice of Non-Compliance. If the response to the Notice of Non-Compliance has not been received in the office of the Party alleging the non-compliance within the prescribed time period and the cure or remedy is not timely completed, the Notice of Non-Compliance shall be conclusively presumed to be valid and then either party can seek a judicial determination of all legal or equitable claims allaged and remedies sought. If a Notice of Non-Compliance is contested, the Parties shall, for a period of not less than fifteen (15) days following receipt of the response, seek to arrive at a mutually acceptable resolution of the matter(s) occasioning the Notice of Non-Compliance. If the Notice of Non-Compliance is contested and the Parties are not able to arrive at a mutually acceptable resolution of the matter(s) by the end of the fifteen (15) day period, then either Party shall have 12 Development Agreement No. 19-02 Ordinance No. 612
49 the right to seek a judicial determination of such contested matter. Neither Party hereto shall be deemed in breach if the reason for non-compliance is due to "force majeure" as defined in, and subject to the provisions of, Section 8.10.

4.5 Certificate of Agreement Compliance. If, at the conclusion of an Annual Review or a Special Review, Developer is found to be in compliance with this Agreement, the City shall, upon request by Developer, issue within ten (10) days of receipt of the request, a written confirmation ("Certificate") to Developer stating that, after the most recent Annual Review or Special Review, and based upon the information known or made known to the City Manager and the City Council, that (1) this Agreement remains in effect, and (2) Developer is in compliance.

The Certificate, whether issued after an Annual Review or Special Review, shall be in recordable form if requested by Developer, and shall contain information necessary to communicate constructive record notice of the finding of compliance. Developer may record the Certificate with the County Recorder. Additionally, Developer may, at any time, request from the City a Certificate stating, in addition to the foregoing, which specific obligations under this Agreement have been fully satisfied with respect to the Sites and City shall respond within ten (10) days of receipt of the request. If the City fails to respond to a Developer's request pursuant to this Section 4.5, the Developer is presumed to be in compliance with this Agreement or any obligation that is the subject of the Developer's request.

5. DEFAULT AND REMEDIES.

5.1 Termination of Agreement.

5.1.1 Termination of Agreement for Material Default of Developer. The City, in its discretion, may terminate this Agreement for any material failure of Developer to perform any material duty or obligation of Developer hereunder or to comply in good faith with the terms of this Agreement (hereinafter referred to as "default" or "breach"); provided, however, the City may terminate this Agreement pursuant to this Section only after following the procedures set forth in Section 4.4. In the event of a termination by the City under this Section 5.1.1, Developer acknowledges and agrees that the City may retain all fees accrued up to the date of the termination, including the Percentage Fee paid up to the date of termination, and Developer shall pay the prorated amount of the Percentage Fee within sixty (60) days after the date of termination and removal of the Signs to one foot below grade that equates to the percentage of time elapsed in the year of the Term at the time of termination.

5.1.2 Termination of Agreement by Developer. Developer, in its discretion, may terminate this Agreement upon ninety (90) days notice for any reason. In the event of a termination by Developer under this Section 5.1.2, Developer acknowledges and agrees that the City may retain all fees, including the Percentage Fee paid up to the date of termination, and Developer shall pay the prorated amount of the Percentage Fee within sixty (60) days after the date of termination and removal of the Signs that equates to the percentage of time elapsed in the year of the Term at the time of termination.

5.1.3 Rights and Duties Following Termination. Upon the termination of this Agreement, no Party shall have any further right or obligation hereunder except with respect to (i) any obligations to have been performed prior to said termination, (ii) any default in the performance of the provisions of this Agreement which has occurred prior to said termination, 13 Development Agreement No. 19-02 —Ordinance No. 612
50 (iii) Developer's obligation to remove the Signs pursuant to Section 2.3, or (iv) any continuing obligations to indemnify other Parties.

6. INSURANCE, INDEMNIFICATION AND WAIVERS.

6.1 Insurance.

6.1.1 Types of Insurance.
(a) Liability Insurance. Beginning on the Effective Date hereof and until completion of the Term, Developer shall, at its sole cost and expense, keep or cause to be kept in force for Developer comprehensive broad form general liability insurance against claims and liabilities covered by the indemnification provisions of Section 6.2. Developer has agreed to secure liability insurance coverage with respect to its use, occupancy, disuse or condition of the Sites, improvements or adjoining areas or ways, affected by such use of the Sites or for property damage, providing protection of at least One Million Dollars ($1,000,000) for bodily injury or death to any one person, at least Two Million Dollars ($2,000,000) for any one accident or occurrence, and at least One Million Dollars ($1,000,000) for property damage. Developer shall also furnish or cause to be furnished to the City evidence that any contractors with whom Developer has contracted for the performance of any work for which Developer is responsible maintains the same coverage required of Developer.
(b) Worker's Compensation. Developer shall also furnish or cause to be furnished to the City evidence that any contractor with whom Developer has contracted for the performance of any work for which Developer is responsible hereunder carries worker's compensation insurance as required by law.
(c) Insurance Policy Form, Sufficiency, Content and Insurer. All insurance required by express provisions hereof shall be carried only by responsible insurance companies qualified to do business by California with an AM Best Rating of no less than "A".

All such policies shall be non-assignable and shall contain language, to the extent obtainable, to the effect that (i) the insurer waives the right of subrogation against the City and against the City's agents and representatives except as provided in this Section; (ii) the policies are primary and noncontributing with any insurance that may be carried by the City, but only with respect to the liabilities assumed by Developer under this Agreement; and (iii) the policies cannot be canceled or materially changed except after written notice by the insurer to the City or the City's designated representative as expeditiously as the insurance company agrees to provide such notice. Developer shall furnish the City with certificates evidencing the insurance required to be procured by the terms of this Agreement.

6.1.2 Failure to Maintain Insurance and Proof of Compliance. Developer shall deliver to the City, in the manner required for notices, copies of certificates of all insurance policies required of each policy within the following time limits:
(a) For insurance required above, within seven (7) days after the Effective Date or consistent with the requirements of Exhibit "E" (Schedule of Performance), Item No. 7.
14 Development Agreement No. 19-02 Ordinance No. 612
51 (b) The City can request to see updated copies of the current certificates of all insurance policies required. The City reserves the right to obtain copies of the entire insurance policy, including endorsements.

If Developer fails or refuses to procure or maintain insurance as required hereby or fails or refuses to furnish the City with required proof that the insurance has been procured and is in force and paid for, the City, after complying with the requirements of Section 4.4, may view such failure or refusal to be a default hereunder.

6.2 Indemnification.

6.2.1 General. To the extent permitted by law, Developer shall indemnify the City and Owner, and their respective officers, employees, and agents against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions, or liabilities (herein "claims or liabilities") that may be asserted or claimed by any person, firm, or entity arising out of or in connection with the work, operations, or activities of Developer, its agents, employees, subcontractors, or invitees, hereunder, upon the Sites. (a) Developer will defend any action or actions filed in connection with any of said claims or liabilities covered by the indemnification provisions herein and will pay all costs and expenses, including reasonable legal costs and attorneys' fees incurred in connection therewith, which attorneys will be the attorneys hired by the insurance company where insurance coverage applies.
(b) Developer will promptly pay any judgment rendered against the City or Owner or their respective officers, agents, or employees for any such claims or liabilities arising out of or in connection with such work, operations, or activities of Developer hereunder, and Developer agrees to save and hold the City and Owner and their respective its officers, agents, and employees harmless therefrom.

6.2.2 Exceptions. The foregoing indemnity shall not include claims or liabilities arising from the negligence or willful misconduct of the City, or its officers, agents or employees who are directly responsible to the City.

6.2.3 Additional Coverage. Without limiting the generality of the foregoing, Developer's indemnity obligation shall include any liability arising by reason of:
(a) Any accident or other occurrence in or on the Sites causing injury to any person or property whatsoever caused by Developer; (b) Any failure of Developer to comply with performance of all of the provisions of this Agreement;
(c) Any harm, delays, injuries or other damages incurred by any party as a result of any subsurface conditions on the Sites caused solely by Developer, including but not limited to, the presence of buried debris, hazardous materials, hydrocarbons, or any form of soil contamination.
15 Development Agreement No. 19-02 — Ordinance No. 612
52 6.2.4 Loss and Damage. Except as set forth below, the City shall not be liable for any damage to property of Developer, Owner or of others located on the Sites, nor for the loss of or damage to any property of Developer, Owner or others by theft or otherwise. Except as set forth below, the City shall not be liable for any injury or damage to persons or property resulting from fire, explosion, steam, gas, electricity, water, rain, dampness or leaks from any part of the Sites or from the pipes or plumbing, or from the street, or from any environmental or soil contamination or hazard, or from any other latent or patent defect in the soil, subsurface or physical condition of the Sites, or by any other cause of whatsoever nature. The foregoing two (2) sentences shall not apply (i) to the extent the City or its agents, employees, subcontractors, invitees or representatives causes such injury or damage when accessing the Sites, or (ii) to the extent covered in any permit to enter executed by the City, or (iii) under the circumstances set forth in Section 6.2.2 above.

6.2.5 Period of Indemnification. The obligations for indemnity under this Section 6.2 shall begin upon the Effective Date and shall survive termination of this Agreement.

6.3 Waiver of Subrogation. Developer and the City mutually agree that neither shall make any claim against, nor seek to recover from the other or its agents, servants, or employees, for any loss or damage to Developer or the City or to any person or property relating to this Agreement, except as specifically provided hereunder, which include but is not limited to a claim or liability to the extent arising from the negligence or willful misconduct of the City or Developer, as the case may be, or their respective officers, agents, or employees who are directly responsible to the City and Developer, as the case may be.

7. MORTGAGEE PROTECTION.

The Parties hereto agree that this Agreement shall not prevent or limit Developer, in any manner, at Developer's sole discretion, from encumbering the Sites or any portion thereof or the Development or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Sites. The City acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and the City agrees upon request, from time to time, to meet with Developer or Owner and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. Subject to compliance with applicable laws, the City will not unreasonably withhold its consent to any such requested interpretation or modification, provided the City determines such interpretation or modification is consistent with the intent and purposes of this Agreement. Upon reasonable approval by the City Attorney, the City authorizes the City Manager to execute any Notices of Cosent to AsSignsment on behalf of he City or similar financial documentation. Any Mortgagee of the Sites shall be entitled to the following rights and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Development or Sites made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Development or Sites, or any part thereof, which Mortgagee has submitted a request in writing to the City in the manner specified herein for giving notices, shall be entitled to receive written notification from 16 Development Agreement No. 19-02 — Ordinance No. 612
53 the City of any default by Developer in the performance of Developer's obligations under this Agreement.
(c) If the City timely receives a request from a Mortgagee requesting a copy of any Notice of Non-Compliance given to Developer under the terms of this Agreement, the City shall make a good faith effort to provide a copy of that Notice of Non-Compliance to the Mortgagee within ten (10) days of sending the Notice of Non-Compliance to Developer. The Mortgagee shall have the right, but not the obligation, to cure the non-compliance during the period that is the longer of (i) the remaining cure period allowed such party under this Agreement, or (ii) sixty (60) days.
(d) Any Mortgagee who comes into possession of the Development or the Sites, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Development or the Sites, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of Developer's obligations or other affirmative covenants of Developer hereunder, or to guarantee such performance; except that (i) to the extent that any covenant to be performed by Developer is a condition precedent to the performance of a covenant by the City, the performance thereof shall continue to be a condition precedent to the City's performance hereunder, and (ii) in the event any Mortgagee seeks to develop or use any portion of the Development or the Sites acquired by such Mortgagee by foreclosure, deed of trust, or deed in lieu of foreclosure, such Mortgagee shall strictly comply with all of the terms, conditions and requirements of this Agreement and the Development Approvals applicable to the Development or the Sites or such part thereof so acquired by the Mortgagee.

8. MISCELLANEOUS PROVISIONS.

8.1 Recordation of Agreement. This Agreement shall be recorded with the County Recorder by the City Clerk within ten (10) days of execution, as required by Government Code Section 65868.5. Amendments approved by the parties, and any cancellation, shall be similarly recorded.

8.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the Parties with respect to the subject matter set forth herein, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.

8.3 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, then that term, provision, covenant or condition of this Agreement shall be stricken and the remaining portion of this Agreement shall remain valid and enforceable if that stricken term, provision, covenant or condition is not material to the main purpose of this Agreement, which is to allow the Development to be permitted and operated and to provide the Percentage Fee to the City; otherwise, this Agreement shall terminate in its entirety, unless the parties otherwise agree in writing, which agreement shall not be unreasonably withheld.
17 Development Agreement No. 19-02 Ordinance No. 612
54 8.4 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning, to achieve the objectives and purposes of the Parties hereto. The rule of construction, to the effect that ambiguities are to be resolved against the drafting Party or in favor of the non-drafting Party, shall not be employed in interpreting this Agreement, all Parties having been represented by counsel in the negotiation and preparation hereof.

8.5 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.

8.6 Singular and Plural. As used herein, the singular of any word includes the plural.

8.7 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.

8.8 Waiver. Failure of a Pto insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights upon the default of the other Party, shall not constitute a waiver of such Party's right to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter.

8.9 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit for the parties and Owner and their respective successors and assigns.

No other person shall have any right of action based upon any provision of this Agreement.

8.10 Force Majeure. Notwithstanding any provision to the contrary herein, neither Party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by earthquakes, other acts of God, fires, rains, winds, wars, terrorism, riots or similar hostilities, strikes and other labor difficulties beyond the Party's control government actions and regulations (other than those of the City), court actions (such as restraining orders or injunctions), or other causes beyond the Party's reasonable control. If any such events shall occur the term of this Agreement then the time for performance shall be extended for the duration of each such event, provided that the Term of this Agreement shall not be extended under any circumstances for more than five (5) years beyond the date it would have otherwise expired, and if Developer elects to terminate this Agreement upon ninety (90) days written notice to the City, the City shall shall return to Developer any portion of the Percentage fee paid for any period after the effective date of such termination.

8.11 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the Party benefited thereby of the covenants to be performed hereunder by such benefited party.

8.12 Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument.

8.13 Litigation. Any action at law or in equity arising under this Agreement or brought by any party hereto for the purpose of enforcing, construing or determining the validity of any 18 Development Agreement No. 19-02 — Ordinance No. 612
55 provision of this Agreement shall be filed and tried in the Superior Court of the County of San Bernardino, State of California, or such other appropriate court in said county. Service of process on the City shall be made in accordance with California law. Service of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside California. In the event of any action between the City and Developer seeking enforcement of any of the terms and conditions to this Agreement, the prevailing Party in such action shall be awarded, in addition to such relief to which such party is entitled under this Agreement, its reasonable litigation costs and expenses, including without limitation its expert witness fees and reasonable attorneys' fees.

8.14 Development as a Private Undertaking. It is specifically understood and agreed by and between the Parties hereto that the Development is a private development, that neither Party is acting as the agent of the other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between the City and Developer is that of a government entity regulating the development of private property, on the one hand, and the holder of a legal or equitable interest in such private property on the other hand. The City agrees that by its approval of, and entering into, this Agreement, that it is not taking any action which would transform this private development into a "public work" development, and that nothing herein shall be interpreted to convey upon Developer any benefit which would transform Developer's private development into a public work project, it being understood that this Agreement is entered into by the City and Developer upon the exchange of consideration described in this Agreement, including the Recitals to this Agreement which are incorporated into this Agreement and made a part hereof, and that the City is receiving by and through this Agreement the full measure of benefit in exchange for the burdens placed on Developer by this Agreement.

8.15 Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either Party at any time, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement.

8.16 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by the City of its power of eminent domain or Developer's right to seek and collect just compensation or any other remedy available to it.

8.17 Amendments in Writing/Cooperation. This Agreement may be amended only by written consent of both parties specifically approving the amendment and in accordance with the Government Code provisions for the amendment of development agreements. The parties shall cooperate in good faith with respect to any amendment proposed in order to clarify the intent and application of this Agreement, and shall treat any such proposal on its own merits, and not as a basis for the introduction of unrelated matters. Minor, non-material modifications may be approved on behalf of the City by the City Manager upon reasonable approval by the City Attorney.
19 Development Agreement No. 19-02 — Ordinance No. 612
56 CITY 0 A ELANT
a C1if41iia nunic
By:
20 8.18 Corporate Authority. The person(s) executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party, if not an individual, is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which such Party is bound.

8.19 Notices. All notices under this Agreement shall be effective when delivered by United States Postal Service mail, registered or certified, postage prepaid return receipt requested, and addressed to the respective parties as set forth below, or to such other address as either party may from time to time designate in writing by providing notice to the other party:

If to the City: City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Attn: City Manager
If to Developer: Bulletin Displays, LLC

LAND LEASE NOTICE
3127 E. South St, Ste. B
Long Beach, CA 90805
Attn: Mark Kudler

8.20 Nonliability of City Officials. No officer, official, member, employee, agent, or representatives of the City shall be liable for any amounts due hereunder, and no judgment or execution thereon entered in any action hereon shall be personally enforced against any such officer, official, member, employee, agent, or representative.

8.21 No Brokers. The City and Developer each represent and warrant to the other that it has not employed any broker and/or finder to represent its interest in this transaction. Each Party agrees to indemnify and hold the other free and harmless from and‘against any and all liability, loss, cost, or expense (including court costs and reasonable attorneys' fees) in any manner connected with a claim asserted by any individual or entity for any commission or finder's fee in connection with this Agreement or arising out of agreements by the indemnifying Party to pay any commission or finder's fee.

8.22 No Amendment of Lease. Nothing contained in this Agreement shall be deemed to amend or modify any of the terms or provisions of the Lease. Nothing contained in this Agreement shall constitute or be deemed to constitute a limit on any of Developer's obligations under the Lease, or any of Owner's rights or remedies against Developer under the Lease.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first set forth above.

CITY:

Development Agreement No. 19-02 -Ordinance No, 612
57 Gabriel Reyes, Mayor
DEVELOPER: Bulletin Dipl ys, LLC
a California lited liability company
By:

Mark A. Kudler, idcnt
[end of signatures]
21 Development Agreement No. [9-02 Ordinance No. 612
58 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 w.E4EznEmplmobautimmmlutzzoeuorzo - si- -
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of 36-k_v - -v 5-ec çcc At) )
personally appeared
(20 (N. 4 6, ru eLoolir,
Here Insert Name and Title of the Officer
cL: \ea C
Name(s) of Signer(s)
On \AA% C.- LA before me,
Date
who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) - is/atrsubscribed to the within instrument and acknowledged to me that he/she/01a9" executed the same in his/herittxrIf authorized capacity(ies), and that by his/het/then' signature( 61 on the instrument the person(sY, or the entity upon behalf of which the persons) -acted, executed the instrument.

BRENDA LOPEZ
Notary Public - California
San Bernardino County
Commission 0 2149337
My Comm. Ex fres May 13, 2020
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (.1.e
Signature of Notary PuI;ictr —
C bknnyv•k 55 oi)ev e
c-kAA z v r ex ao , /
Place Notary Seal Above

OPTIONAL
ThougpT!.s section is optional, completing this information can deter alteration of the doc en! or fraudulent reattachment of this form to an unintended documen ched Document
ent: cument Date:

Above:

Description of
Title or Type of Doc
Number of Pages: Signer(s) Other Than N
Capacity(ies) Claimed by Signe
Signer's Name.

El Corporate Officer — Title(s):

El Partner — El Limited LI Gerreral
El Individual Ll Att rrfgY in Fact
CI Trustee Luardian or Conservator
CI Other:

Signer Is Rep esenting:

Signer's Name:

El Corporate Officer — Title(s):

El Partner — Limited LII General
ElI Individual II Attorney in Fact
0 Trustee 111 Guardian or Conservator
Other:

Sig Is Representing:
.K›Wc‘'c:-V:xv•c•KUS,N-Ve KAXPWGC, 'WATA:g,A1.10,VAVPWW.—Vvc ©2014 National Notary Association • www.NationalNotary.org • 1-800-US TARY (1-800-876-6827) Item #5907 59 State of California
County of I-03
, before me, K.D. McKendell, Notary Public,
WITNESS my have and official seal.
---frot.gti.vke-(ru
K.D. McKendell
My Commission Expires: May 14, 2021
Notary Public in and for the
State of California, County of Los Angeles
#2 .2\
ligra1360
(Seal)

CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. personally appeared
Vflox V- A . 11-4, 4Luc
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aresubscribed to the within instrument and acknowledged to me that he/shefthey executed the same in his/hektreir authorized capacity(ies), and that by his/her-It:heir signature(s) on the instrument the person(*), or entity upon behalf of which the person(s) acted, executed the instrument.

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

OPTIONAL
Description of attached document:

Document Title: Ivt vemAg-wi--rio . ---0
Date of Document: VYN r Number of Pages: 2..

Additional Signers Not Named Above: lAk)
Notary Long Beach — www.notarylongbeach.com
60 EXHIBIT "A"

LEGAL DESCRIPTION OF SITES
Sites 1
San Bernadino County Assessor Parcel Number 0459-222-02-0000 Real property in the City of Adelanto, County of San Bernardino, State of California, described as follows:

THE NORTHERLY 158.75 FEET OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOTHTWEST 1/4OF SECTION 28, IN THE COUNTY OF SAN BERNARDINO, STATE OF

CALIFORNIA, LYING EASTERLY OF THAT PORTION THEREOF CONVEYED TO THE

STATE OF CALIFORNIA FOR HIGHWAY PURPOSES, BY DEED RECORDED OCTOBER 19, 1954 IN BOOK 3488, PAGE 158, OFFICIAL RECORDS, AND THAT PORTION OF THE EAST 1/2 OF THE SOUTHEAST 1/4OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 28, DESCRIBED AS FOLLOWS:

BEGINNING ON THE EAST LINE OF SAID EAST 1/2, DISTANT ALONG SAID EAST LINE NORTH 0 DEG. 37' 08" WEST 283.16 FEET FROM A 1-1/2 INCH IRON PIPE MARKING THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4 OF SECTION 28; THENCE ALONG SAID EAST LINE NORTH 0 DEG. 37' 08" WEST 217,63 FEET TO THE

NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND AS CONVEYED TO THE STATE OF CALIFORNIA, BY DEED RECORDED OCTOBER 15, 1954 IN BOOK 3486, PAGE 152, OFFICIAL RECORDS; THENCE ALONG THE NORTH LINE OF SAID STATE OF CALIFORNIA PARCEL OF LAND SOUTH 89 DEG. 15' 25" WEST 85.83 FEET; THENCE COURSE "A" SOUTH 16 DEG. 42' 37" EAST 226.32 FEET; THENCE NORTH 89 DEG. 22' 52" EAST 23.10 FEET TO THE POINT OF BEGINNING, All WITHIN TOWNSHIP 6 NORTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING

TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL, DATED SEPTEMBER 3, 1855.

Sites 2 & 3
San Bernadino County Assessor Parcel Numbers 3128-221-23-0000 PARCEL MAP 15258 PARCEL 7 BOOK 186 PAGE 51 PARCEL MAP 15258 PARCEL NO 7 San Bernadino County Assessor Parcel Numbers 3128-221-25-0000 S 762.5 FT E 'A GOV LOT 2 OF NE 1/4SEC 4 TP 5N R 5W EX E 10 AC SD GOV LOT 2 AND

EX ANY PTN LYING WITHIN PARCEL MAP 15258 AND EX STATE HGWY Sites 4
1 Development Agt cement -2017— Ordinance No. -
61 No legal description. The column is in the future sidewalk of Bellflower Street north of the (18) Highway called Palmdale Road and the Signs overhangs the City owned right-of-way of Bellflower Street.Sites 5
San Bernadino County Assessor Parcel Number 3128-241-04-0000 Real property in the City of Adelanto, County of San Bernardino, State of California, described as follows:

THE SOUTHEAST 1/4 OF THE SOUTHEAST 1f4 OF SECTION 4, TOWNSHIP 5 NORTH, RANGE 5 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ADELANTO,

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPT THEREFROM THAT PORTION OF SAID LAND

CONVEYED TO THE STATE OF CALIFORNIA, BY GRANT DEED RECORDED NOVEMBER 9, 1954 IN BOOK 3502, PAGE 97 OF OFFICIAL RECORDS.

ALSO EXCEPT THEREFROM THAT PORTION OF SAID LAND CONVEYED TO THE CITY OF LOS ANGELES, BY DEEDS RECORDED NOVEMBER 6, 1984 AS INSTRUMENT NO. 84-265963 AND DECEMBER 12, 1984 AS INSTRUMENT NO. 84- 295796 BOTH OF OFFICIAL RECORDS.

ALSO EXCEPT THEREFROM THAT PORTION CONVEYED TO JAMES R. GRAY AND PHYLLIS L. GRAY; AND ROBERT C. GRAY AND MYRNA L. GRAY BY GRANT DEED RECORDED MAY 24, 1988 AS INSTRUMENT NO. 88-163087 OF OFFICIAL RECORDS.

Less
For highway purposes, that portion of the southeast quarter of the southeast quarter of Section 4, Township 5 North, Range 5 West, San Bernardino Meridian, in the City of Adelanto, County of San Bernardino, State of California, more particularly described as follows:

COMMENCING at the southeast corner of Section 4, Township 5 North, Range 5 West, San Bernardino Meridian, thence along the east line of the southeast quarter of said Section 4 North 00°20'40" West, 657.75 feet to the southeast corner of that certain parcel of land as described in those Deeds recorded November 6, 1984 as Instrument No. 84-265963 and recorded December 12, 1984 as Instrument No. 84-295796, both of Official Records of said County; thence along the south line of said certain parcel of land South 89°24'28" West, 219.95 feet; thence North 15°57' 12" West, 342.23 feet to a point on the north line of said certain parcel of land, also being the TRUE POINT OF BEGINNING; thence continuing along last said course North 15°57' 12" West, 339.80 feet to a point on the north line of the southeast quarter of the southeast quarter of said Section 4; thence westerly along said north line South 89°25' 12" West, 18.19 feet to a point on the east line of that certain parcel of land as described in a Grant Deed recorded November 9, 1954 in Book 3502, Page 97 of Official Records of said County; thence southeasterly along said east line South 16°00'00" East, 339.88 feet to a point on the north line of that certain parcel of land as described in said Deeds recorded November 6, 1984 as Instrument No. 84-265963 and recorded December 12, 1984 as Instrument No. 84-295796; thence easterly along said north line North 89°24'28" East, 17.90 feet to the TRUE POINT OF Development Agreement -2017— Ordinance No,
2 62
BEGINNING.

This conveyance is made for the purpose of a freeway and the GRANTOR hereby releases and relinquishes any and all abutter's rights including access rights, appurtenant to GRANTOR'S remaining property, in and to the freeway. Containing 5,912 square feet, more or less.

The bearings and distances used in the above description are on the California Coordinate System of 1983 (Epoch 1992.88), Zone 5. Divide the above distances by 0.999790596 to obtain ground level distances.

Sites 6
San Bernadino County Assessor Parcel Number 3128-241-13-0000 All that certain real property situated in the County of San Bernardino, State of California, described as follows:

That portion of the Southeast 1/4of the Southeast 1/4 of Section 4, Township 5 North, Range 5 West, San Bernardino Base and Meridian, in the City of Adelanto, County of San Bernardino, State of California, according to Government Land Survey, described as follows:

Beginning at a point on the East line of the Southeast 1/4 of the Southeast 1/4 of said Section 4, North 271.36 feet from the Southeast corner of said Section 4; Thence continuing North along said East line 388.65 feet, more or less, to the South line of that certain parcel of land conveyed to the City of Los Angeles, a municipal corporation, by deed recorded November 6, 1984 as Instrument No. 84-265963 of Official Records; and by deed recorded December 12, 1984 as Instrument No. 84-295796 of Official Records, Thence West along the South line of said City of Los Angeles, a municipal corporation property to its intersection with the East line of that certain property conveyed to the State of California by deed recorded November 9, 1954, in Book 3502 Page 97, Official Records; Thence South 15 degrees 59 minutes 39 seconds East to a tangent curve concave Northerly with a radius of 40 feet through an angle of 164 degrees 28 minutes 25 seconds a distance of 114.82 feet;
Thence North 0 degrees 28 minutes 04 seconds West, 100.00 feet; Thence North 89 degrees 31 minutes 56 seconds East 20.00 feet to the true point of beginning.

EXCEPT that portion as conveyed to the City of Los Angeles, a municipal corporation, by deed recorded November 6, 1984 as Instrument No. 265963.

ALSO EXCEPT that portion as conveyed to the City of Los Angeles, a municipal corporation, by deed recorded December 12, 1984 as Instrument No. 295796.

Less
Development Agreement -2017- Ordinance No, 3
63 For highway purposes, that portion of that certain parcel of land as described in a Grant Deed recorded March 28, 2006 as Document No. 2006-0207177 of Official Records of the County of San Bernardino, in the City of Adelanto, County of San Bernardino, State of California, lying southwesterly of the following described line:

COMMENCING at the northeast corner of said certain parcel of land, thence along the north line of said certain parcel of land South 89°24'28" West, 219.95 feet to the TRUE POINT OF BEGINNING; thence South 15°57'12" East, 543.02 feet to a point on the southerly line of said certain parcel of land, being the POINT OF TERMINATION of this line.

Containing 8,979 square feet, more or less.

This conveyance is made for the purpose of a freeway and the GRANTOR hereby releases and relinquishes any and all abutter's rights including access rights, appurtenant to GRANTOR'S remaining property, in and to the freeway.

The bearings and distances used in the above description are on the California Coordinate System of 1983 (Epoch 1992.88), Zone 5. Divide the above distances by 0.999790596 to obtain ground level distances.

Development Agreement _-2017 Ordinance No. — 4
64 EXHIBIT B

SCOPE OF DEVELOPMENT
Developer and the City agree that the Development shall be undertaken in accordance with the terms of the Agreement, which include the following:

1. The Development. Developer shall install the Signs in accordance with the terms of this Agreement. The Signs consists of a single column "bulletin" size freeway or highwayoriented outdoor advertising structure with a total of two (2 - 3) digital displays (each display measuring 14' x 48' within the outdoor advertising structure frame). Before the issuance of final inspection of the Final Permits, Developer shall aerialall utilities necessary for the Signs and the Sites shall be maintained in accordance with the conditions at Paragraph 3 below.

2. Building Fees. Developer shall pay all applicable City building fees, as described at Section 2.4 of the Agreement, at the time that a building permit is issued for the installation of the Signs.

3. Maintenance and Access. Developer, for itself and its successors and assigns, hereby covenants and agrees to be responsible for the following:
(a) Maintenance and repair of the Signs (where authorized pursuant to the Agreement, and including but not limited to, the displays installed thereon, and all related onSites improvements and, if applicable, easements and rights-of-way, at its sole cost and expense), including, without limitation, landscaping, poles, lighting, Signs and walls (as they relate to the Development) in good repair, free of graffiti, rubbish, debris and other hazards to persons using the same, and in accordance with all applicable laws, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction over the Sites, unless those federal, state, and local bodies have an exception for a legal nonconforming use. Such maintenance and repair shall include, but not be limited to, the following: (i) sweeping and trash removal related to the Development; (ii) the care and replacement of all shrubbery, plantings, and other landscaping or the painted backing in a healthy condition if damaged by the Development; (iii) the ongoing maintenance by Developer of any access road to the Signs if damaged by the Development and to minimize dust caused by the Development; and (iii) the repair, replacement and repainting of the Signs' structures and displays as necessary to maintain such outdoor advertising structure in good condition and repair. (b) Maintenance of the Signs and surrounding portion of the Sites in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance of the Development such as to be detrimental to the public health, safety or general welfare, or that such a condition of deterioration or disrepair causes appreciable harm or is materially detrimental to property or improvements within three hundred (300) feet of the Sites. (c) Developer shall reasonably coordinate with any neighboring property owners who share utilities or access roads to their separate respective outdoor advertising structure. The City may designate alternative access for planning purposes so long as such Development Agreement -2017— Ordinance No. 5
65 alternative access allows Developer to access its outdoor advertising structure and related utilities.

4. Other Rights of the City. In the event of any violation or threatened violation of any of the provisions of this Exhibit "B", then in addition to, but not in lieu of, any of the rights or remedies the City may have to enforce the provisions of the Agreement, the City shall have the right, after complying with Section 4.4 of the Agreement, (i) to enforce the provisions hereof by undertaking any maintenance or repairs required by Developer under Paragraph 3 above (subject to the execution of a permit to enter in form reasonably acceptable to Owner) and charging Developer for any actual maintenance costs incurred in performing same, and (ii) to withhold or revoke until compliance by the Developer, after giving written notice of said violation, any building permits, occupancy permits, certificates of occupancy, business licenses and similar matters or approvals pertaining to the Development or any part thereof or interests therein as to the violating person or one threatening violation.

5. No City Liability. The granting of a right of enforcement to the City does not create a mandatory duty on the part of the City to enforce any provision of the Agreement. The failure of the City to enforce the Agreement shall not give rise to a cause of action on the part of any person. No officer or employee of the City shall be personally liable to Developer, its successors, transferees or assigns, for any default or breach by the City under the Agreement. 6, Conditions of Approval.The following additional -conditions shall apply to the installation of the Signs andshall conform to all applicable provisions of the Development Approvals and the following conditions, in a manner subject to the approval of the Director of Planning or his or her designee:
(a) A building permit will be required, and structural calculations shall be prepared by a licensed civil engineer and approved by the City Building Official. (b) The Outdoor advertising structure shall be located in the portion of the Sites shown on Exhibit "C", and shall be of the dimensions described in Section 1, above. (c) The size of each Signs display shall not exceed the dimensions set forth in the Ordinance, and shall not to exceed the maximum height set forth in the Ordinance, including all extensions, and shall be spaced at intervals from any other outdoor advertising structure on the same side of the freeway or highway and measured parallel to the freeway or highway as set forth in the Ordinance and depicted in Exhibit "C"(The Sites) and in Exhibit "D" (Renderings)as approved by the City as part of the Development Approvals, (d) Only the Landmark Message Centers' poles shall have column covers as depicted by the rendering of theLandmark Message Center within Exhibit "0". (e) Plans and specifications for the proposed installation of the Signs shall be submitted to the City Planning and Building Departments for plan check and approval prior to the issuance of building permits. Plans and specifications for the proposed installation of connecting aerially of all utilities, shall be submitted to the City Planning and Building Departments for plan check and approval prior to the issuance of electrical permits.

Development Agreement -2017— Ordinance No. 6
66 (0 Prior to the approval of the final inspection, all applicable conditions of approval and all mandatory improvements shall be completed to the reasonable satisfaction of the City.
(g) Developer shall maintain the Signs and use thereof in full compliance with all applicable codes, standards, policies and regulations imposed by the City, county, state or federal agencies by any duly and valid City, county or state ordinance with jurisdiction over the facilities, unless the Development is exempted as a legal nonconforming use, including but not limited to the California Outdoor Advertising Act commencing with Bus. & Prof. Code, Section 5200 et. seq. and the Federal Highway Beautification Act. (h) Developer shall, at all time, comply with the approval for the Signs from the California Department of Transportation Outdoor Advertising Division, and shall maintain acceptable clearance between proposed outdoor advertising structure and Southern California Edison distribution lines.
(i) Developer shall pay any and all applicable fees due to any public agency prior to the final issuance of the applicable building or electrical permits. (i) The activities proposed in the Agreement shall be conducted completely upon the Sites and shall not use or encroach on any public right-of-way unless approved elsewhere within this Agreement, such as for Site 4, or as otherwise approved by the City. (k) Developer shall ensure that all access to the Signs are kept restricted to the general public to the extent permitted under local laws and by the Development Approvals.

If any portion of the Signs is damaged, unhealthy or otherwise in need of replacement, as determined by the City's Director of Planhing or his or her designee, Developer shall ensure that the replacement is accomplished within fourteen (14) days of notification by the City, unless such time is extended by the City's Director of Planning or his or her designee if Developer shows unusual circumstances requiring more time to accomplish such replacement.

Developer or Owner may trim such landscaping so as not to block the Signs or with the reasonable concent of the Director of Planning, the Developer at the Developer's own cost, can remove and relocate any landscaping.
(m) Developer shall be required to install all utilities aerially in connection with the Signs in conformance with City laws and Developer shall coordinate its work with the requirements of Southern California Edison to achieve the aerial connections to all utilities. (n) Developer shall comply with all necessary federal National Pollutant Discharge Elimination System (NPDES) requirements pertaining to the proposed use, to the extent applicable.
(o) All graffiti shall be adequately and completely removed or painted over within 48 hours of notice to Developer of such graffiti being affixed on the Development. (p) Prior to final Signs off of the building permit for the Signs, the applicable landscaping or painted backing shall be installed at the Sites.

Development Agreement -2017 Ordinance No. 7
67 (q) Developer shall comply with State law regarding the limitation of light or glare or such other standards as adopted by the Outdoor Advertising Association of America, Inc. (OAAA), including but not limited to, the 0.3 foot-candles limitation over ambient light levels and ensuring additional flexibility in reducing such maximum light level standard given the lighting environment, the obligation to have automatic diming capabilities, as well as providing the City's Director of Planning or his or her designee with a designated Developer employee's phone number and/or email address for any emergencies or complaints, which will be monitored 24 hours a day/7 days per week. Upon any reasonable complaint by the City's Planning Officer or designee, Developer shall dim the display to meet these guidelines and further perform a brightness measurement of the display using OAAA standards and provide the City with the results of same within five (5) calendar days of the City's complaint.

Development Agreement - -2017— Ordinance No. 8
68 EXHIBIT C
THE SrfES
Development Agreement -2017- Ordinance No. -
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Development Agreement -2019 - Ordinance No.
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EXHIBIT D

THE RENDERINGS

LANDMARK MESSAGE CENTER
SITES 3 &4
Adelanto Landmark Message Center
(395) Highway & (18) Highway
(actual city approved concept may differ)

BULLETIN DISPLAYS, LLC
I:A Aihnis
116 ,AFEI • r.,t "
11Q11.i14.1 I
' RiIcolt-N- 1-1'1)r f9 nurri
Oeerall Ileiglu- Per Lily CMOs.

IIi brinil gnu donign concept iu the propolty Boliblin Dispinyg, LLC Copyrighled 2015 by Oullotio Displaya LLC ihnip i he unpublished nrai,ing erantati by Mork A Kurfier for HohoPin SIsphopu r11,C: Olo,4PTIIR.14)4 61 ikpl*.r•cr o 44..1(1 ,, •41 clitleav rwilt, ut.t,'Ff3 written tfulhorrzaton Frani,Etullelin Displays:t LC Development Agreement -2019 — Ordinance No.
76 Bulletin Displays Static & Digital Signs
(395) Highway ( Air Exwy & Baseball Stadium
(actual city approved concept may differ)
110 i.imalc.41 ii
rothe111101.1),....,
Display
- till color 1..E1) (1) inni)
Overall Heigh( - Per City code_

BULLETIN DISPLAYS, LLC
This punt rend dosign concept 15 the property of Buflotin Displeys..LLY:. Copyrighted 2015 by Elellehn Orsplays, LLC This 15 the unpublished drawing kreated by Mark A Kudlet for Dukelin Dcptayz LLC Arty OW “," Voil!,,IA:41..1r11.4.11,,,, front Bulletin Disploye r.LLC.

BULLETIN DISPLAYS' STATIC & DIGITAL SIGNSS
SITES 1,2,5 & 6
Development Agreement -2019 Ordinance No,
A.

1. I
77 EXHIBIT E

SCHEDULE OF PERFORMANCE

ITEM OF PERFORMANCE
F

TIME FOR

PERFORMANCE

REFERENCE
_ _

1. City's Planning Commission holds
public hearing and recommends
approval of Agreement and
Conditions of Approval
March 4, 2020 Recitals

2. City's City Council holds hearings
to approve Agreement and first and
second reading of Ordinance
April 22.2020 Recitals
(1' Reading); May 13,
2020 (2nd
Reading), provided Developer
has fully executed the
Agreement

3. Effective Date of this Agreement. 30 days following City Council's second reading of
Ordinance, or _June 13,
2020
N/A

4. Developer prepares and submits to
City working drawings
specifications and engineering, the
City commences approval process.

Within 120 days of the
Council's second reading of the
Ordinance approving this
Agreement

3.4 .

5. City to approve all construction and
engineering drawings and
specifications with a plan check
approval, and issue a building
permit and an electrical permit.

City agrees to any necessary
building or electrical permits need
for Developer to acquire the
Caltrans approvals. Developer
agrees not to commence
construction until it receives the
applicable Caltrans approvals.

Within 30 days of City's receipt
of Developer's construction
drawings and specifications
addressing all of City's
comments.
1 1

6. Developer to provide copy of
Caltrans approval to City
Prior to commencing any
inspections and work on the
Development.

3.3, 3.4
1 I
Development Agreement -2019 — Ordinance No.
78 ITEM OF PERFORMANCE TIME FOR

PERFORMANCE

REFERENCE
Developer to submit proof of
insurance to City.

Prior to commencing any
inspections and work on the
Development

6.1.2 Developer pays City Percentage
Fee if Developer receives Final
Permits
Within ninety (90) days
following the end of each
calendar year of the Term
hereof after Developer receives
their Final Permits, and
continuing ninety (90) days
following the end of each
calendar year throught the
Term, and ending within ninety
(90) days after the termination
of the Term

2.5 It is understood that this Schedule of Performance is subject to all of the terms and conditions of the text of the Agreement. The summary of the items of performance in this Schedule of Performance is not intended to supersede or modify the more complete description in the text; in the event of any conflict or inconsistency between this Schedule of Performance and the text of the Agreement, the text shall govern.

The time periods set forth in this Schedule of Performance may be altered or amended only by written agreement signed by both Developer and the City.

Notwithstanding any extension of the Term in the manner described in, and subject to the provisions of Section 3.5 of the Agreement, the City Manager shall have the authority to approve extensions of time set forth in this Schedule of Performance without action of the City Council, not to exceed a cumulative total of 180 days. )
Development Agreement -2019-- Ordinance No. _
79 CITY COUNCIL AGENDA REPORT
| A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: October 05, 2023
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Saba Engineer, City Engineer
SUBJECT: SUBDIVISIONAL IMPROVEMENT AGREEMENT PARCEL/TRACT MAP NO. 17710
STAFF RECOMMENDATION:

Staff recommends the City Council approve the Subdivision Improvement Agreement for Parcel/Tract Map No. 17710. Victory Lane LLC has not completed on and off-site improvements that they are conditioned to complete on DeCarlo Dr. and Victor Street. Victory Lane LLC has stated that they need a 90-day extension from 10/05/2023 to complete the on and off-site improvements with receiving the Certificate of Occupancy beforehand. Victory Lane LLC needs to obtain the Certificate of Occupancy to move the home buyers in with a Subdivision Improvement Agreement.

BACKGROUND:

Victory Lane LLC has built 4 single family houses on DeCarlo Dr. part of a 38-lot tract for single family houses. At the current time Victory Lane LLC has 4 buyers for the current 4 houses built. Escrow has closed on 3 of the 4 houses and the remaining house is currently in Escrow.

ATTACHMENTS:

A. Subdivision Improvement Agreement
B. Public Works Conditions of Approval
C. Conditions of Approval Tentative Tract Map 17710
80 539/026150-0001
19692305.1 a10/04/23

RECORDED AT THE REQUEST OF
AND WHEN RECORDED RETURN TO:

CITY OF ADELANTO
11600 Air Expressway
Adelanto, CA 92301
ATTN: City Clerk
(Exempt from Filing Fees – Gov’t Code 6103)
SPACE ABOVE THIS LINE FOR RECORDER’S USE

SUBDIVISION IMPROVEMENT AGREEMENT

FOR COMPLETION OF PUBLIC IMPROVEMENTS
PARCEL/TRACT NO. 17710
between

THE CITY OF ADELANTO
a California municipal corporation
and
Victory Lane LLC
[Single-Family Residential Development]
81 539/026150-0001
19692305.1 a10/04/23

SUBDIVISION IMPROVEMENT AGREEMENT

FOR COMPLETION OF PUBLIC IMPROVEMENTS
PARCEL/TRACT MAP NO. 17710

1. Parties and Date. This Subdivision Improvement Agreement for the Completion of Public Improvements (“Agreement”) is entered into as of this 5th day of October, 2023, by and between the City of Adelanto, a California municipal corporation with its principal place of business at 11600 Air Expressway, Adelanto, California 92301 (“City”) and Victory Lane LLC, an [ ] individual, [ X ] partnership or [ ] corporation, with its principal office located at 11910 Hesperia Rd. Hesperia, CA 92345.

2. Recitals.

2.1 On September,10,2005, Developer submitted to City an application for approval of a tentative parcel/tract map for real property located within City, a legal description of which is attached hereto as Exhibit “A” (“Property”). The tentative parcel/tract map was prepared on behalf of Developer by TRLS Engineering Inc., and is identified in City records as Parcel/Tract Map No. 17710 subsequently to Parcel/Tract Map No. 20058.

2.2 Developer’s application for a tentative parcel/tract map for Parcel/Tract No. 17710 was deemed complete on 17th day of, January, 2005. On the 17th day of January, 2005, the Adelanto Planning Commission conditionally approved Developer’s application for a tentative parcel/tract map for Parcel/Tract No. 17710.

2.3 Developer is the owner of the Property, and Developer proposes to do and perform all offsite improvements on DeCarlo Drive and Victor Street within 90 calendar days thereon as set forth in this Agreement. Developer/Property Owner shall complete ALL Onsite and Offsite improvements as phased in with developing parcels. Developer shall comply with set all conditions of approvals for all phased On and Offsite improvements.

2.4 Developer has not completed all offsite improvements conditioned by the City of Adelanto Engineering Dept. on October 28th 2005 required by the Adelanto Municipal Code, the Subdivision Map Act (California Government Code sections 66410, et seq.) (“Map Act”), the conditions of approval for Parcel/Tract No. 17710, or other ordinances, resolutions, or policies of City requiring construction of improvements in conjunction with the subdivision of land.

2.5 Pursuant to the Adelanto Municipal Code and the applicable provisions of the Map Act, Developer and City enter into this Agreement for the timely construction and completion of the Public Improvements and the furnishing of the security therefor, acceptable to the City Engineer and City Attorney, for Parcel/Tract No. 17710.

2.6 Developer’s execution of this Agreement and the provision of Letter’s of Understanding from each home owner stating their awareness and approval of delayed Offsite Improvements are made in consideration of City’s approval of the final map for Parcel/Tract No. 17710.
82 539/026150-0001
19692305.1 a10/04/23 -2-

2.7 Developer plans to develop Parcel/Tract No. 17710 in phases, and City and Developer intend that Developer shall construct the Public Improvements and provide security of the type and in the amounts required by this Agreement.

3. Terms.

3.1 Effectiveness. This Agreement shall not be effective unless and until all three of the following conditions are satisfied: (a) Developer provides City with security of the type and in the amounts required by this Agreement; (b) Developer executes and records this Agreement in the Recorder’s Office of the County of San Bernardino; and (c) the City Council of the City of Adelanto (“City Council”) approves the final map for Parcel/Tract No. 17710 and Developer records the final map for Parcel/Tract No. 17710 in the Recorder’s Office of the County of San Bernardino. If any of the above described conditions are not satisfied, this Agreement shall automatically terminate without need of further action by either City or Developer, and Developer may not thereafter record the final map for Parcel/Tract No. 17710.

3.2 Definitions. For purposes of enforcing this Agreement, the term “City” shall include, but shall not be limited to, City Council, City Engineer, Community Development Director, Building Official, or any of their authorized representatives. City shall have the sole and absolute discretion to determine which public body, public official or public employee may act on behalf of City for any particular purpose.

3.3 Public Improvements. Developer shall construct or have constructed at its own cost, expense, and liability all improvements required by City as part of the approval of Parcel/Tract No. 17710, including, but not limited to, all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities as shown in detail on the plans, profiles, and specifications which have been prepared by or on behalf of Developer for Parcel/Tract Map No. 17710 (“Public Improvements”). The Public Improvements are more specifically described in Exhibit “B”, which is attached hereto and incorporated herein by this reference. Construction of the Public Improvements shall include any transitions and/or other incidental work deemed necessary for drainage or public safety. The Developer shall be responsible for the replacement, relocation, or removal of any component of any utility system or public improvement in conflict with the construction or installation of Public Improvements. Such replacement, relocation, or removal shall be performed to the complete satisfaction of the City Engineer and the owner of such utility system or public improvement. The Developer further promises and agrees to provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary or required by City to fully and adequately complete the Public Improvements.

3.3.1 Prior Partial Construction of Public Improvements. Where construction of any Public Improvements has been partially completed prior to this Agreement, Developer agrees to complete such Public Improvements or assure their completion in accordance with this Agreement.

3.3.2 Permits; Notices; Utility Statements. Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the Public 83 539/026150-0001
19692305.1 a10/04/23 -3-
Improvements and performance of Developer’s obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer. Prior to commencing any work, Developer shall file a written statement with the City Clerk and the City Engineer, signed by Developer and each utility which will provide utility service to the Property, attesting that Developer has made all deposits legally required by the utility for the extension and provision of utility service to the Property.

3.3.3 Pre-approval of Plans and Specifications. Developer is prohibited from commencing work on any Public Improvement until all plans, specifications, estimates and bonds for such Public Improvement have been submitted to and approved by the City Engineer, the City Attorney or their authorized designees. Approval by the City Engineer shall not relieve Developer from ensuring that all Public Improvements conform with all other requirements and standards set forth in this Agreement.

3.3.4 Quality of Work; Compliance With Laws and Codes. The construction plans and specifications for the Public Improvements shall be prepared in accordance with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements. The Public Improvements shall be completed in accordance with all approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced.

3.3.5 Standard of Performance. Developer and its contractors, if any, shall perform all work required to construct the Public Improvements under this Agreement in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, including a City Business License, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement.

3.3.6 Alterations to Improvements. The Public Improvements in Exhibit “B” are understood to be only a general designation of the work and improvements to be done, and not a binding description thereof. All work shall be done and improvements made and completed as shown on approved plans and specifications, and any subsequent alterations thereto. If during the course of construction and installation of the Public Improvements it is determined that the public interest requires alterations in the Public Improvements, Developer shall undertake such design and construction changes as may be reasonably required by City. Any and all alterations in the plans and specifications and the Public Improvements to be completed may be accomplished without giving prior notice thereof to Developer’s surety for this Agreement.

3.4 Maintenance of Public Improvements and Landscaping. City shall not be responsible or liable for the maintenance or care of the Public Improvements until City approves and accepts them. City shall exercise no control over the Public Improvements until accepted.

Any use by any person of the Public Improvements, or any portion thereof, shall be at the sole and 84 539/026150-0001
19692305.1 a10/04/23 -4-
exclusive risk of the Developer at all times prior to City’s acceptance of the Public Improvements.

Developer shall maintain all the Public Improvements in a state of good repair until they are completed by Developer and approved and accepted by City, and until the security for the performance of this Agreement is released. Maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. Developer shall cause the sweeping of streets to occur weekly at a minimum. Developer shall perform additional street sweeping work as necessary depending on construction activities or as required by, and at the direction of, the City Engineer. It shall be Developer’s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Public Improvements or their condition prior to acceptance.

3.5 Construction Schedule. Unless extended pursuant to Section 3.5.1 of this Agreement, Developer shall fully and adequately complete or have completed the Public Improvements within ninety (90) days from 10/05/2023 for Parcel/Tract No 17710 (DeCarlo Drive and Victor Street). All other required on and off-site improvements shall be completed before any new housing development.

3.5.1 Extensions. City may, in its sole and absolute discretion, provide Developer with additional time within which to complete the Public Improvements. It is understood that by providing the security required under Section 3.14, et seq., of this Agreement, Developer and its surety consent in advance to any extension of time as may be given by City to Developer, and waive any and all right to notice of such extension(s). Developer’s acceptance of an extension of time granted by City shall constitute a waiver by Developer and its surety of all defense of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by City following the date on which the Public Improvements were to have been completed hereunder. In addition, as consideration for granting such extension to Developer, City reserves the right to review the provisions of this Agreement, including, but not limited to, the construction standards, the cost estimates established by City, and the sufficiency of the improvement security provided by Developer, and to require adjustments thereto when warranted according to City’s reasonable discretion.

3.5.2 Accrual of Limitations Period. Any limitations period provided by law related to breach of this Agreement or the terms thereof shall not accrue until Developer has provided the City Engineer with written notice of Developer’s intent to abandon or otherwise not complete required or agreed upon Public Improvements.

3.6 Grading. Developer agrees that any and all grading done or to be done in conjunction with construction of the Public Improvements or development of Parcel/Tract No. 17710 shall conform to all federal, state, and local laws, ordinances, regulations, and other requirements including, without limitation, the City’s grading regulations, the National Pollutant 85 539/026150-0001
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Discharge Elimination System (NPDES), and stormwater regulations thereunder as administered by the State Water Resources Control Board and Regional Water Quality Control Boards. In order to prevent damage to the Public Improvements by improper drainage or other hazards, the grading shall be completed in accordance with the time schedule for completion of the Public Improvements established by this Agreement, and prior to City’s approval and acceptance of the Public Improvements and release of the Security as set forth in Section 3.14, et seq., of this Agreement. Developer further agrees that the indemnification as set forth in Section 3.17 of this Agreement shall extend to and include any and all grading contemplated by this Agreement, including but not limited to, any partial or rough grading work.

3.7 Utilities. Developer shall provide utility services, including, but not limited to, water, power, gas, and telephone service to serve each parcel, lot, or unit of land within Parcel/Tract No. 17710 in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the regulations, schedules and fees of the utilities or agencies providing such services. Except for commercial or industrial properties, Developer shall also provide cable television facilities to serve each parcel, lot, or unit of land in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the requirements of the cable company possessing a valid franchise with City to provide such service within City’s jurisdictional limits. All utilities shall be installed underground, unless otherwise approved by the City Council or the Planning Commission of the City of Adelanto, or by any other state or federal laws or regulations.

3.8 Fees and Charges. Developer shall, at its sole cost, expense, and liability, pay all fees, charges, and taxes arising out of construction of the Public Improvements, including, but not limited to, all plan check, report review, engineering, inspection, testing, and other service fees, and any impact or connection fees established by City ordinance, resolution, regulation, or policy, or as established by City relative to Parcel/Tract No. 17710.

3.9 City Inspection of Public Improvements. Developer shall, at its sole cost, expense, and liability, and at all times during construction of the Public Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City of the Public Improvements and areas where construction of the Public Improvements is occurring or will occur.

3.10 Default; Notice; Remedies.

3.10.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, City may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation (“Notice”). Developer shall substantially commence the work required to remedy the default or violation within ten (10) days of the Notice. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the Notice verbally, and Developer shall substantially commence the required work within twenty-four (24) hours thereof.

Immediately upon City’s issuance of the Notice, Developer and its surety shall be liable to City for all costs of construction and installation of the Public Improvements and all other administrative costs expenses as provided for in Section 3.11 of this Agreement. 86 539/026150-0001
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3.10.2 Failure to Remedy; City Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a completion acceptable to City within the time frame contained in the Notice, City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost, expense, and liability of Developer and its surety, without the necessity of giving any further notice to Developer or surety. City’s right to take such actions shall in no way be limited by the fact that Developer or its surety may have constructed any, or none, of the required or agreed upon Public Improvements at the time of the Notice. In the event City elects to complete or arrange for completion of the remaining work and improvements, City may require all work by Developer or its surety to cease in order to allow adequate coordination by City.

Notwithstanding the foregoing, if conditions precedent for reversion to acreage can be met and if the interests of City will not be prejudiced thereby, City may also process a reversion to acreage and thereafter recover from Developer or its surety the full cost and expense incurred.

3.10.3 Other Remedies. No action by City pursuant to Section 3.10, et seq., of this Agreement shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise its rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance.

3.11 Administrative Costs. If Developer fails to construct and install all or any part of the Public Improvements within the time required by this Agreement, or if Developer fails to comply with any other obligation contained herein, Developer and its surety shall be jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable attorney’s fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law.

3.12 Acceptance of Improvements; As-Built or Record Drawings. If the Public Improvements are properly completed by Developer and approved by the City Engineer, and if they comply with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements, the City Council shall be authorized to accept the Public Improvements. The City Council may, in its sole and absolute discretion, accept fully completed portions of the Public Improvements prior to such time as all of the Public Improvements are complete, which shall not release or modify Developer’s obligation to complete the remainder of the Public Improvements within the time required by this Agreement. Upon the total or partial acceptance of the Public Improvements by City, Developer shall file with the Recorder’s Office of the County of San Bernardino a notice of completion for the accepted Public Improvements in accordance with California Civil Code section 9204, at which time the accepted Public Improvements shall become the sole and exclusive property of City without payment therefor.

If Parcel/Tract No. 17710 was approved and recorded as a single phase map, City shall not accept any one or more of the improvements until all of the Public Improvements are completed by Developer and approved by City.

Issuance by City of occupancy permits for any buildings or structures located on the Property shall not be construed in any manner to constitute City’s acceptance or approval of 87 539/026150-0001
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any Public Improvements. Notwithstanding the foregoing, City may not accept any Public Improvements unless and until Developer provides one (1) set of “as-built” or record drawings or plans to the City Engineer for all such Public Improvements. The drawings shall be certified and shall reflect the condition of the Public Improvements as constructed, with all changes incorporated therein.

3.13 N/A.

3.14 N/A

3.14.1 N/A

3.14.2 N/A

3.14.3 N/A

3.14.4 N/A

3.15 N/A

3.16 Lien. To secure the timely performance of Developer’s obligations under this Agreement, including those obligations for which security has been provided pursuant to Sections

3.14, et seq., and 3.15 of this Agreement, Developer hereby creates in favor of City a lien against all portions of the Property not dedicated to City or some other governmental agency for a public purpose.

3.17 Indemnification. Developer shall defend, indemnify, and hold harmless City, its officials, officers, employees, agents and volunteers from and against any and all actual or alleged claims, demands, causes of action, liabilities, losses, damages, or injuries, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, in any manner arising out of or incident to any actual or alleged acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the Public Improvements, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorney’s fees, and related costs or expenses, and the reimbursement of City, its officials, officers, employees, agents, and/or volunteers for any and all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused solely and exclusively by the negligence or willful misconduct of City as determined by a court or administrative body of competent jurisdiction. Developer’s obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.
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3.18 Insurance.

3.18.1 Time for Compliance. Developer shall not commence construction of any Public Improvement under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Developer shall not allow any contractor or subcontractor to commence work on any contract or subcontract until it has provided evidence satisfactory to the City that the contractor or subcontractor has secured all insurance required under this section.

3.18.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder and without limiting the indemnity provisions of this Agreement, Developer, in partial performance of its obligations under the Agreement, shall, at its sole cost and expense, procure and maintain, and shall require its contractors and subcontractors to procure and maintain, in full force and effect during construction of any Public Improvement pursuant to this Agreement, the following policies of insurance (“Required Insurance”). If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than three (3) times the specified occurrence limit. The Required Insurance shall contain standard separation of insured provisions, and shall contain no special limitations on the scope of its protection to the City, its officials, officers, employees, agents and volunteers. If the existing policies do not meet the Insurance Requirements set forth herein, Developer agrees to amend, supplement or endorse the policies to do so.
(a) Commercial General Liability. Commercial General
Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, with minimum limits of at least FIVE MILLION DOLLARS ($5,000,000) per occurrence for bodily injury, personal injury, and property damage, and if written with an aggregate, the aggregate limit shall be three (3) times the required occurrence limit.

Defense costs shall be paid in addition to the limits. Products and completed operations coverage shall be maintained for a minimum of two (2) years after completion of the Public Improvement.

The policy shall contain no endorsements or provisions limiting coverage for (1) explosion, collapse or underground hazard (XCU); (2) products and completed operations; (3) contractual liability; (4) third party action over claims; (5) cross liability exclusion for claims or suits by one insured against another. Nor shall the policy contain any exclusions contrary to the Agreement.
(b) Automobile Liability. Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1) with minimum limits of THREE MILLION DOLLARS ($3,000,000) per accident for bodily injury and property damage.
(c) Workers’ Compensation. Developer, its contractors, and subcontractors shall procure and maintain Workers’ Compensation Insurance with limits as required by the State of California and Employers’ Liability Insurance with a limit of not less than ONE MILLION DOLLARS ($1,000,000) per accident for bodily injury and disease. 89 539/026150-0001
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(d) Professional Liability or Errors and Omissions. Professional Liability or Errors and Omissions Insurance, as appropriate to the Developer’s, contractor’s, and subcontractor’s industries, with minimum limits of THREE MILLION DOLLARS ($3,000,000).

The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claimsmade basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. (e) Contractors Pollution Liability. Contractors Pollution Liability Insurance covering all of Developer’s operations to include onsite and offsite coverage for bodily injury (including death and mental anguish), property damage, defense costs and cleanup costs with minimum limits of FIVE MILLION DOLLARS ($5,000,000) per loss and TEN MILLION DOLLARS ($10,000,000) total all losses. The policy shall contain no endorsements or provisions limiting contractual liability or coverage for cross liability of claims or suits by one insured against another. Non-owned disposal site coverage shall be provided if handling, storing or generating hazardous materials or any material/substance otherwise regulated under environmental laws/regulations.

For projects involving transportation of hazardous waste/materials, include coverage for loading/unloading from the project site to final disposal locations, and all disposal locations shall be scheduled as non-owned disposal sites.

If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
(f) Builder’s Risk Insurance. Builder’s Risk Insurance for any property constructed on behalf of the City, to cover “all risk” of physical loss providing coverage for loss or damage from collapse, including collapse resulting from design error. The value insured shall cover one hundred percent (100%) of the completed Agreement cost and shall be maintained until full acceptance of the Public Improvements.

3.18.3 Endorsements.
(a) The policy or policies of insurance required by
Section 3.18.2 (a) (Commercial General Liability) and Section 3.18.2 (e) (Contractors Pollution Liability) shall be endorsed to provide the following:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of this Agreement. 90 539/026150-0001
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“Additional Insured Endorsements” shall not (1) be restricted to “ongoing operations”; (2) exclude “contractual liability”; (3) restrict coverage to “sole” liability of Developer; or (4) contain any other exclusions contrary to the Agreement. (2) Cancellation: The policy shall not be canceled or the coverage suspended, voided, reduced or allowed to expire until a thirty (30) day prior written notice of cancellation has been served upon the City except ten (10) days prior written notice shall be allowed for non-payment of premium
(b) The policy or policies of insurance required by
Section 3.18.2 (c) (Workers’ Compensation) shall be endorsed to provide the following:
(1) Waiver of Subrogation: A waiver of subrogation
stating that the insurer waives all rights of subrogation against the indemnified parties. (2) Cancellation: The policy shall not be canceled or the coverage suspended, voided, reduced or allowed to expire until a thirty (30) day prior written notice of cancellation has been served upon the City except ten (10) days prior written notice shall be allowed for non-payment of premium
(c) The policy or policies of insurance required by
Section 3.18.2 (b) (Automobile Liability) and Section 3.18.2 (d) (Professional Liability or Errors and Omissions) shall be endorsed to provide the following:
(1) Cancellation: The policy shall not be canceled or the coverage suspended, voided, reduced or allowed to expire until a thirty (30) day prior written notice of cancellation has been served upon the City except ten (10) days prior written notice shall be allowed for non-payment of premium
(d) The policy or policies of insurance required by
Section 3.18.2 (f) (Builder’s Risk) shall be endorsed to provide the following:
(1) Waiver of Subrogation: A waiver of subrogation
stating that the insurer waives all rights of subrogation against the indemnified parties. (2) Cancellation: The policy shall not be canceled or the coverage suspended, voided, reduced or allowed to expire until a thirty (30) day prior written notice of cancellation has been served upon the City except ten (10) days prior written notice shall be allowed for non-payment of premium
(3) Loss Payee: Losses payable under this policy shall
be adjusted with the Named Insured and paid to City as its interests may appear.

3.18.4 Primary and Non-Contributing Insurance. All insurance coverages shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
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3.18.5 Waiver of Subrogation. Required insurance coverages shall not prohibit Developer from waiving the right of subrogation prior to a loss. Developer shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.

3.18.6 Deductible. Developer agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, consultant, subcontractor, employee, or other entity or person in any way involved in the performance of the Public Improvements to self-insure its obligations to the City. If Developer’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. Any deductibles in excess of ten percent (10%) or self-insured retention must be approved by the City.

3.18.7 Evidence of Insurance. The Developer, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Developer shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.18.8 Failure to Maintain Coverage. Developer agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Developer until Developer has fully complied with the insurance provisions of this Agreement.

In the event that the Developer’s operations are suspended for failure to maintain required insurance coverage, the Developer shall not be entitled to an extension of time for completion of the work because of production lost during suspension.

3.18.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best’s rating of A or better and a financial size of VII or greater and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.18.10 Insurance for Contractors and Subcontractors. All contractors and subcontractors shall be included as additional insureds under the Developer’s policies, or the Developer shall be responsible for causing contractors and subcontractors to procure and maintain the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the contractor’s and subcontractor’s policies. 92 539/026150-0001
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3.19 Signs and Advertising. Developer understands and agrees to City’s ordinances, regulations, and requirements governing signs and advertising structures. Developer hereby agrees with and consents to the removal by City of all signs or other advertising structures erected, placed, or situated in violation of any City ordinance, regulation, or other requirement. Removal shall be at the expense of Developer and its surety. Developer and its surety shall indemnify and hold City free and harmless from and against any claim or demand arising out of or incident to signs, advertising structures, or their removal.

3.20 Relationship Between the Parties. The Parties hereby mutually agree that neither this Agreement, any map related to Parcel/Tract No. 17710, nor any other related entitlement, permit, or approval issued by City for the Property shall operate to create the relationship of partnership, joint venture, or agency between City and Developer. Developer’s contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer, its contractors, or subcontractors an agent, contractor, or subcontractor of City.

3.21 General Provisions.

3.21.1 Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority make this Agreement and bind each respective Party.

3.21.2 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.

3.21.3 Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Developer include all personnel, employees, agents, and subcontractors of Developer, except as otherwise specified in this Agreement. All references to City include its officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.21.4 Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice:

City: City of Adelanto
11600 Air Expressway
Adelanto, CA 92301
Attn: Engineering Dept.

Developer: Victory Lane LLC
11910 Hesperia Road
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Hesperia, CA 92345
Attn: Gary Sorley
Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U.S. Mail first class postage prepaid, as of seventy-two (72) hours after deposit in the U.S. Mail.

3.21.5 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.21.6 Waiver. City’s failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City’s waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City’s actions are intentional or unintentional. Developer agrees to waive, as a defense, counterclaim or set off, any and all defects, irregularities or deficiencies in the authorization, execution or performance of the Public Improvements or this Agreement, as well as the laws, rules, regulations, ordinances or resolutions of City with regards to the authorization, execution or performance of the Public Improvements or this Agreement.

3.21.7 Assignment or Transfer of Agreement. Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignees, hypothecatees, or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. Unless specifically stated to the contrary in City’s written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement. In the event that the City consents in writing to such an assignment, any assignee, hypothecatee or transferee shall expressly assume Developer’s obligations hereunder by a written agreement in a form, and containing such security, as is reasonably acceptable to the City.

The agreement shall be to the satisfaction of the City Attorney and shall include provisions requiring the assignee to post bonds or submit another form of financial security, satisfactory to the City and approved by the City Attorney, to guarantee construction of the Public Improvements. The agreement shall survive the recordation of the Final Map and shall be recorded against each of the proposed lots to inform successors and assigns of the required Public Improvements to be constructed and their time frame for construction.

Following any permitted assignment of the Public Improvements as set forth in this Section 3.21.7, the City shall release the Developer from its obligations so assigned and shall release to the Developer any bonds or other security posted to secure the Public Improvements so assigned; provided, however, that the City shall not release any security or undertakings given to secure the performance of any of the Public Improvements not assigned.

3.21.8 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal 94 539/026150-0001
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representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation.

3.21.9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.21.10 Invalidity; Severability. If any term or provision of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and such term or provision shall be deemed stricken; provided, however, this Agreement shall be interpreted, when possible, so as to reflect the intentions of the Parties as indicated by any such stricken term or provision.

3.21.11 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties’ activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of San Bernardino, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394.

3.21.12 Attorneys’ Fees and Costs. If any arbitration, lawsuit, or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement or the Property, the prevailing party, whether by final judgment or arbitration award, shall be entitled to and recover from the other party all costs and expenses incurred by the prevailing party, including actual attorney’s fees (“Costs”). Any judgment, order, or award entered in such legal action or proceeding shall contain a specific provision providing for the recovery of Costs, which shall include, without limitation, attorney’s and experts’ fees, costs and expenses incurred in the following: (a) post judgment motions and appeals, (b) contempt proceedings, (c) garnishment, levy, and debtor and third party examination, (d) discovery, and (e) bankruptcy litigation. This section shall survive the termination or expiration of this Agreement.

3.21.13 Counterparts. This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument.

3.21.14 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.
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CITY OF ADELANTO
By:
__________________
Mayor
By:

Name:

Title:
[If Corporation, TWO SIGNATURES, President OR
Vice President AND Secretary, AND CORPORATE
SEAL OF DEVELOPER REQUIRED]
Attest:

By:

Brenda Lopez
City Clerk
By:

Name:

Title:

Approved as to form:

By:

Rutan & Tucker, LLP
City Attorney
96 539/026150-0001
19692305.1 a10/04/23

ACKNOWLEDGMENT

STATE OF CALIFORNIA )
) ss.

COUNTY OF ______________ )
On ____________, 20___, before me, _________________________, the undersigned notary public, personally appeared □ personally
known to me OR □ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

WITNESS my hand and official seal.
_______________________________
Signature of Notary
CAPACITY CLAIMED BY SIGNER:
□ Individual(s)
□ Corporate______________________
Officer(s)______________________
□ Partner(s)
□ Attorney-in-Fact
□ Trustee(s)
□ Subscribing Witness
□ Guardian/Conservator
□ Other _________________________
SIGNER IS REPRESENTING:

NAME OF PERSON(S) OR ENTITY(IES)
______________________________________
______________________________________
97 539/026150-0001
19692305.1 a10/04/23

ACKNOWLEDGMENT

STATE OF CALIFORNIA )
) ss.

COUNTY OF ______________ )
On , 20___, before me, ___________________________, the undersigned notary public, personally appeared □ personally
known to me OR □ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

WITNESS my hand and official seal.
_______________________________
Signature of Notary
CAPACITY CLAIMED BY SIGNER:
□ Individual(s)
□ Corporate______________________
Officer(s)______________________
□ Partner(s)
□ Attorney-in-Fact
□ Trustee(s)
□ Subscribing Witness
□ Guardian/Conservator
□ Other _________________________
SIGNER IS REPRESENTING:

NAME OF PERSON(S) OR ENTITY(IES)
______________________________________
______________________________________
98 539/026150-0001
19692305.1 a10/04/23 Exhibit “A”
EXHIBIT “A”

LEGAL DESCRIPTION OF PROPERTY
PARCEL/TRACT NO. 17710
Project: A proposal to divide Tax Parcel 3132-181-03, consisting of 8.97 acres into 38 residential lots for detached, single-family residential development with a minimum lot size of 7,200 square feet. The project is zoned R-1 (Single Family Residential).
99 539/026150-0001
19692305.1 a10/04/23 Exhibit “B”
EXHIBIT “B”

LIST OF PUBLIC IMPROVEMENTS
PARCEL/TRACT NO. 17710
Developer shall perform all work and furnish all materials necessary, in the opinion of the City Engineer and on his order, to complete the following Public Improvements in accordance with the plans and specifications on file with the City or with any changes required or ordered by the City Engineer which, in his opinion, are necessary or required to complete this work.

The Developer is required to perform the following Public Improvements under this Agreement:

Street Improvements:

Offsite street improvements are as follows:
a. Major Collectors shall be constructed to full-width of 64 feet of asphalt concrete paving 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, removing and replace any existing asphalt that does not meet this requirement, 8" concrete curb and gutters, and six-foot wide sidewalks, per City Standard 109 Type C. This requirement shall apply to the full width of Victor Street located along the southern boundary of this project and to the east half of Verbena Road located along the western boundary of this project. b. Local Streets shall be constructed to half-width of 30 feet of asphalt concrete paving (18 feet to the centerline plus a lane of 12 feet on the other side of the centerline) 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, whichever is greater, 8" concrete curb and gutters, and six-foot sidewalks, per City Standard 109 Type C. This requirement shall apply to the east half of Stevens Street from Bartlett Avenue to Chamberlaine Way located along the western boundary of this project.

Onsite street improvements are as follows:
a. Internal streets shall be constructed to full width of a Local Street of 36 feet of asphalt concrete paving consisting of a minimum of 3 inches of asphalt concrete over 4 inches of type 2 base material, or per “R” value test for a Traffic Index (TI) of 7, whichever is greater, 8" concrete curb and gutters, and six-feet wide sidewalks as per City Standard 109 Type C.
b. Cul-de-sacs shall be constructed of asphalt concrete paving consisting of a minimum of 3 inches of asphalt concrete over 4 inches of type 2 base material, or per “R” value test for a Traffic Index (TI) of 7, whichever is greater, 8" concrete curb and gutters, and six feet wide sidewalks as per City Standard 109 Type C. 100
539/026150-0001
19692305.1 a10/04/23 Exhibit “C”
EXHIBIT “C”

SURETY BONDS AND OTHER SECURITY
PARCEL/TRACT NO. 17710
N/A
101
539/026150-0001
19692305.1 a10/04/23 C-2
BOND NO. ______________________
INITIAL PREMIUM: ______________________

SUBJECT TO RENEWAL

CITY OF ADELANTO

PERFORMANCE BOND
N/A
102
539/026150-0001
19692305.1 a10/04/23 C-3
BOND NO. ______________________
INITIAL PREMIUM: ______________________

SUBJECT TO RENEWAL

CITY OF ADELANTO

LABOR AND MATERIAL BOND
N/A
103
Project: Tentative Tract 17710
Date: October 28, 2005
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PUBLIC WORKS DEPARTMENT
General Conditions:

1. A document signed and acknowledged by the legal owners of record of the real property being subdivided consenting to the subdivision shall be submitted to the City of Adelanto, with a copy to the City Engineer, following Tentative Map Approval by the Planning Commission.

2. All final phase maps, conforming to the approved Tentative Map and based on a recent field survey, shall be submitted to the City Engineer for review and approval.

3. The design of the public infrastructure elements shall conform to the requirements of the City General Plan and the standard specifications, current edition, and as required and approved by the Public Works Department staff.

4. The following plans and reports shall be prepared by a competent California licensed civil engineer prior to any site development. All required plans shall be drawn in ink at appropriate scales on mylar sheets as approved by the Public Works Department staff.

Plans Required:
a. Street Plans - Plan/Profile at 1" = 40' (Hor), 1" = 4' (Vert), plus Title/Index and Detail Sheets.
b. Rough Grading 1" = 40', and Precise Grading Plan 1" = 30', 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, Sewer and Storm Drain - Plan/Profile at 1" = 40' (Horizontal), 1" = 4' (Vertical), plus Title/Index and Detail Sheets.
d. Landscape/Irrigation - Plan 1" = 40'.
e. Electrical and Street Lighting Plan 1" = 100'.
f. Street Striping and Signage Plan 1” = 100’.
g. Water Distribution Plan (indicating Fire Hydrant location and Water conductivity) 1” = 100’.
h. Composite underground Utility Plan at 1" = 100’ showing all curbs, sewer, water, and storm drain with valves, utility valves, manholes and service connections. Gas, electric, telephone, and CATV shall be shown schematically based on plans prepared by utility agencies. 104
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2S:\Agenda Items\City Council Agendas\2023\October 5, 2023\New folder (3)\PWConditionsTTM17710v20051028.doc i. Storm Water Pollution Prevention Plan shall be prepared and approved by the California State Water Quality Control Board prior to grading permit.

5. All improvements shown on the phase improvement plans, as required by the City Engineer, shall be constructed prior to occupancy of any dwelling.

6. All utilities plans (i.e. Edison electrical, telephone, cable, etc.) must be approved by the City Engineer prior to installation.
a. No utility manholes shall be located within sidewalks.

7. Final Maps shall meet all requirements of the Adelanto Municipal Code, and shall include the following:
a. All easements within the City of Adelanto’s rights of way shall be subordinated to the City of Adelanto.
b. All easements and rights-of-way, both existing and as required by the Public Works Department Staff. All off site right of way required shall be acquired by the Developer pursuant to the subdivision map act and the Adelanto Municipal Code.

8. Reports Required:
a. Title Report. A preliminary title report accompanied by copies of all recorded documents cited therein shall be submitted to the Public Works Department staff for review along with the first submittal of the final map for the checking.
b. Soils Report. A preliminary soils report as prepared by a competent California licensed geotechnical engineer or civil engineer skilled in soils/foundation investigations shall be submitted for review by the Public Works 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.
c. Hydrology Report. A comprehensive 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 site must accommodate existing drainage flows until future Master Plan of Drainage channels presently affecting this site have been constructed.
d. 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 105
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3S:\Agenda Items\City Council Agendas\2023\October 5, 2023\New folder (3)\PWConditionsTTM17710v20051028.doc submit reports on progress and test results to the Public Works 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 Public Works 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.

9. All grading for the proposed subdivision lots shall be confined to the subdivision boundary limits unless the Developer first secures letters of permission to grade across property lines from any and all affected adjacent property owners.

10. Utilities shall be installed underground to all lots per Public Utilities Commission requirements. No above ground structures shall be permitted within this subdivision.

11. A noise and avigation easement on all subdivision parcels and roadways shall be granted and conveyed to the City of Adelanto.

12. 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.

13. Approval of Tentative Tract 17710 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.

14. No utility access points/manholes shall be placed within sidewalks or within twelve (12) inches of curb and gutter.

15. Fees Required:
a. At the time of first submittal of Final map, the Developer shall pay to the City of Adelanto all applicable fees. An Engineer’s estimate of construction shall be prepared by the Developer and approved by the Public Works Department staff.
b. At the time of requesting recordation of Final Map, the Developer shall provide to the City Performance and Labor Bonds and enter into a Subdivision Improvement Agreement. These Bonds shall guarantee setting of final survey monumentation within the proposed Map. Said deposit will be refunded after the Public Works Department Staff verifies that said monumentation has been set in accordance with the Final Map and that any required amended maps and/or certificates of correction have been recorded.
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4S:\Agenda Items\City Council Agendas\2023\October 5, 2023\New folder (3)\PWConditionsTTM17710v20051028.doc c. Prior to issuance of any permits to construct any public improvements, the Developer shall pay to the City of Adelanto all applicable fees. d. The Developer shall pay any applicable impact fees that may apply. e. Prior to issuance of any permits to construct any improvements, the developer shall enter into an improvement construction 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. These securities shall be provided by the Developers and all assignees and successors to the City.
i. For each Improvement category, a Faithful Performance surety for 100% of estimated improvement cost plus 20% contingencies. ii. For each Improvement category, a Materials and Labor surety for 50% of estimated improvement cost plus 10% contingencies.

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

17. All improvements shown on the phased improvement plans, as required by the City Engineer, shall be constructed prior to occupancy of any dwelling.

Street Improvements:

Off-site street improvement requirements shall be constructed based on sensitivity analysis contained in the Traffic Study prepared for this development. 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 shall obtain all required right of ways, construct all street improvements at the times required by the Traffic Study and approved by the Public Works Department staff.

18. Offsite street dedications are as follows:
a. Dedication for street and utility purposes to provide for a Major Collector half-width of forty (40) feet for Victor Street located along the southern boundary of this project and to Verbena Road located along the western boundary of this project.

19. Offsite street improvements are as follows:
a. Major Collectors shall be constructed to full-width of 64 feet of asphalt concrete paving 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, removing and replace any existing asphalt that does not meet this requirement, 8" concrete curb and gutters, and six-foot wide sidewalks, per City Standard 109 Type C. This 107
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5S:\Agenda Items\City Council Agendas\2023\October 5, 2023\New folder (3)\PWConditionsTTM17710v20051028.doc requirement shall apply to the full width of Victor Street located along the southern boundary of this project and to the east half of Verbena Road located along the western boundary of this project.
b. Local Streets shall be constructed to half-width of 30 feet of asphalt concrete paving (18 feet to the centerline plus a lane of 12 feet on the other side of the centerline) 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, whichever is greater, 8" concrete curb and gutters, and six-foot sidewalks, per City Standard 109 Type C. This requirement shall apply to the east half of Stevens Street from Bartlett Avenue to Chamberlaine Way located along the western boundary of this project.

20. Onsite street dedications are as follows:
a. Dedication for street and utility purposes to provide for a street full-width of a Local Street of sixty (60) feet for all interior streets, including cul-desacs. b. Cul-de-sac bulbs shall have a right-of-way dedication for street and utility purposes of a 57-foot radius.
c. Dedication of corner cut-offs at all street intersections.

21. Onsite street improvements are as follows:
a. Internal streets shall be constructed to full width of a Local Street of 36 feet of asphalt concrete paving consisting of a minimum of 3 inches of asphalt concrete over 4 inches of type 2 base material, or per “R” value test for a Traffic Index (TI) of 7, whichever is greater, 8" concrete curb and gutters, and six-feet wide sidewalks as per City Standard 109 Type C. b. Cul-de-sacs shall be constructed of asphalt concrete paving consisting of a minimum of 3 inches of asphalt concrete over 4 inches of type 2 base material, or per “R” value test for a Traffic Index (TI) of 7, whichever is greater, 8" concrete curb and gutters, and six feet wide sidewalks as per City Standard 109 Type C.

22. Final sections shall be approved by the Public Works Department staff prior to first submittal of street improvement plans.

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

24. There shall be no intersecting street centerlines less than 90 degrees unless otherwise approved by the Public Works Department staff.

25. Pavement structural section shall be designed based on soils tests (R-Valve Tests) conducted by an acceptable soils testing laboratory and submitted by a 108
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6S:\Agenda Items\City Council Agendas\2023\October 5, 2023\New folder (3)\PWConditionsTTM17710v20051028.doc California licensed geotechnical engineer for a Traffic Index as approved by the Public Works Department staff.

26. 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 by the Public Works Department Staff in accordance with federal and state laws at the time of construction shall be to the 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.

27. All curb heights and gutter widths shall be based on requirements as set forth by the Hydrology/Hydraulics Report and approved by the Public Works Department staff.

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

29. 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.

30. Prior to the time that lumber is deposited on site for approved construction in a specific phase, all curbs and 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.

31. Sleeves for lighting and landscape purposes will be allowed in the public street right-of-way when necessary, subject to the approval of the Public Works Department staff.

32. 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 Public Works and Engineering Departments staff:
a. Any disturbance of pavement newer than 12 months requires the full disturbed pavement section to be cold-planed (grinded down) a tenth of a foot (.1 feet) and resurfaced with AC AR 4000, as directed by Public Works/ Engineering Department staff.
b. All other disturbed sections of pavement must be trenched according to City Standards, permanently resurfaced using the minimum the existing AC plus one (1) inch of AC and six (6) inches of AB Class Type II. 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 an additional width of three (3) feet on both sides of the removed section must be cold planed (grinded down) a tenth of a foot 109
Project: Tentative Tract 17710
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7S:\Agenda Items\City Council Agendas\2023\October 5, 2023\New folder (3)\PWConditionsTTM17710v20051028.doc (.1 feet) and resurfaced with AC AR 4000, as directed by Public Works/ Engineering Department staff. If this leaves a width less then 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 Public Works/Engineering Department staff.

Sewer Improvements:

33. Prior the project construction, the developer shall cause or participate in a sewer feasibility study as directed and approved by the City Engineer. Sewage disposal shall be consistent with the Feasibility Study, and the developer shall pay all fees pursuant to the Feasibility Study.
a. Sewer mains shall be a minimum diameter of 8" with PVC pipe and fittings unless otherwise approved by the Public Works Department staff.

Service laterals shall be constructed with PVC. No structure shall be occupied until the collection system has been thoroughly cleaned, inspected, tested, and accepted for maintenance by the City Public Works Department staff. All manhole and cleanout covers within paved areas shall be adjusted to finished grades after paving is completed, and shall be accessible during construction as directed by Public Works and Public Utilities staff. All such adjustments shall be done in a manner as to prevent entry of silt and/or debris into the sewer system.

34. The applicant shall connect the project to the City sewer system and pay all associated hook-up fees in compliance with the Adelanto Public Utility Authority No. 1 (as amended). The design shall conform to the City adopted sewer master plan or to requirements of 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:

35. Prior to the construction of the project, the developer shall cause or participate in a Water Service Feasibility Study as directed and approved by the City Engineer.

Water service shall be consistent with the Feasibility Study and the developer shall pay all fees pursuant to the Feasibility Study.

36. The Developer shall comply with the requirements of the Adelanto Public Utility Water District.

37. The applicant shall extend City 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 Adelanto Public Utility Authority. 110
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38. Water Improvement Design for the project shall conform to the City’s adopted Water Master Plan and/or to the requirements of the City’s Water Superintendent or the City Engineer. All required backflow devices shall be installed by the developer.

39. All water valves and vault covers within paved areas shall be raised to finish surfaces and painted after paving is completed.

40. All fire hydrants, air vacuums and all other above ground water facilities shall be placed outside of sidewalk areas. 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 Public Works Department staff.

41. 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.

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

Drainage Improvements:

43. 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 drain facilities do not exceed the maximum flows for which said facilities are presently designed. This shall be subject to review and approval of the City Engineer.

44. Storm flows may be conveyed in street sections to the extent that tops of curbs shall accommodate a 10-year storm and that right-of-way limits shall accommodate a 100-year storm. If storm flows cannot be adequately conveyed by street sections, underground storm drains shall be provided as recommended in the Hydrology/Hydraulics Report and approved by the Public Works Department staff.
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45. All 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.

46. Prior to the recordation of each final map the Developer shall construct temporary drainage facilities and establish erosion control practices as necessary to minimize storm runoff and erosion and silt deposition. 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 Public Works Department staff. During construction, all NPDES guidelines will be in full force and all Best Management Practices (BMP) shall be followed.

47. The Developer shall provide adequate mitigation for storm drainage to avoid concentrating or increasing offsite flows, subject to review and approval by City of Adelanto Public Works/Engineering staff.
a. Consistent with County Flood Control Standards, drainage systems shall be designed so that drainage leaving the project is not greater than 90% of pre-development flows.
i. The Developer shall install a detention basin to provide for a minimum 10-year storm, subject to the review and approval by the City Engineer.
ii. All retention or detention facilities shall be fully landscaped and fenced using tubular steel fencing and shall have dry wells installed at the inlet and bottom of the basin.
iii. Paved access shall be provided to the bottom of the basin to facilitate maintenance.
iv. Any properties used for drainage facilities shall be dedicated to the city for drainage uses or have an easement on it for drainage uses.
v. Lot A shall be widened a minimum of 12 feet at “C” Street to provide vehicular maintenance access from “C” Street.

48. All drainage flows, including storm event drainage and nuisance drainage, must be conveyed across roads designated as Major Collectors or greater, via subsurface conveyance. This requirement shall apply to all drainage crossing:
a. Victor Street
i. A cross-gutter with a under drain, or another subsurface conveyance shall be install for to convey drainage flows crossing Victor Street adjacent to Verbena Road for the full width of Victor Street.
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49. In order to mitigate the lack of two points of all weather egress and safe walking routes to school, the developer shall install a dry-type (box culvert or bridge) crossing of Channel #2 at Mojave Drive.

Traffic Safety:

50. Prior to the submittal of the Final Map, the developer shall prepare a cumulative Traffic Impact Analysis (TIA) to study the impacts of this development on the circulation system of the Adelanto General Plan. The Developer shall pay fair share amounts for traffic improvements as determined by the Traffic Impact Analysis, or if the study indicates warrants for immediate traffic signal and infrastructure needs, the developer shall install the needed improvements.

OR

51. In lieu of preparing the Traffic Impact Analysis Report and performing the necessary mitigation by construction or paying fair share cost, the developer may pay the following in-lieu fees; if the City adopts Traffic Impact Fees, those shall supersede the in-lieu fees listed below:
a. A fee of $1,500.00 per residential lot for impacts the Regional Road, Super Arterial, Major Arterial, and Major Collector Road Network.

51. Prior to the recordation of the final map, 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. This lighting system shall utilize high-pressure sodium vapor lamps.
a. Streetlights shall be energized when installed and maintained by the developer for eighteen (18) months, after which the City of Adelanto shall maintain the lights.

52. Street name signs and traffic control devices shall be constructed in accordance with the approved plans. 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 they are installed into concrete.
b. All street name signs shall be installed on 12” cap brackets. c. Any sign or post removed by the developer shall be returned to the Street Department undamaged and unmolested.
d. All street striping, onsite and offsite, shall be installed by the developer.

This includes “STOP” and stop bars at all “STOP” signs, fog lines and any 113
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11S:\Agenda Items\City Council Agendas\2023\October 5, 2023\New folder (3)\PWConditionsTTM17710v20051028.doc other traffic safety striping that may apply as directed by the Street Department.
e. Curbs must be painted red in front of all fire hydrants f. Curbs must be painted white in front of all mailboxes with 3 Minute Parking stenciled on the curb-face.
g. Each street section shall have a posted speed limit sign as directed by Public Works/Engineering Department staff.

53. During construction, temporary pedestrian and traffic control devices shall be constructed as deemed necessary by the City 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.

Onsite Improvements:

54. All pad elevations shall be higher than all adjacent street elevations.

55. All lots shall be designed and graded to drain to fronting streets. 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.

56. All lots shall be provided with driveway approaches per City Standard Drawings.

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

57. The tops of all cut slopes shall be in conformance to City Standards per the City Engineer. Retaining walls shall be utilized where required by the Public Works Department staff to ensure that unusable and non-visible slopes are not created at the sides or rear of any lot, and that there is a “flat” area in all side yards per City Standards per the City Engineer.

Park and Landscaping:

58. Prior to the grading permit for any phase of development, the Developer shall prepare final improvement plans for the landscaping and irrigation of parks, 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 Public Works Department and Planning Department staff.

59. In order to mitigate impacts to City parks and services under the California Environmental Quality Act, the developer shall do one of the following:
a. Pay the equivalent value of the land and improvements to the City to be used to develop a park in the vicinity; paying full Park Impact Fees shall meet this requirement.
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60. Developer shall construct minimum six (6) foot high decorative masonry block perimeter walls (measured from the highest side) as specified below and consistent with Planning Department requirements:
a. The length of the project site along rear and side yards along western project boundary along the entire length of Verbena Road from Victor Street to the northern project boundary.
b. The length of the project site along rear and side yards along southern project boundary the entire length of Victor Street from Verbena Road to eastern project boundary.
c. The length of the northern lot line (the southern side-yard lot lines of Lots 24 & 33 of Tract 17029) of Lot A.
d. The length of the southern lot line (the northern side-yard lot lines of Lots 24 & 11 of Tract 17710) of Lot A.

61. Developer shall annex, and pay all fees associated with annexation, all landscaping, lighting and detention/retention areas in to the City’ Light and Landscaping Maintenance District. As a condition of building permit issuance, the developer shall pay to the City the pro-rata per lot share equivalent of twelve months maintenance costs of landscaping as determined by the City.

62. If, due to design constraints, the masonry block perimeter wall is behind a property line and part of any lot is between the perimeter wall and the sidewalk, the developer shall offer for dedication said land as a landscape easement to the City of Adelanto.

63. 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 materials, and irrigation installed, as approved by City Staff. Said landscape easement and landscaped area shall be maintained by the developer until such time as the final home is occupied; the landscape easement, if necessary, shall then be deeded to the City and the landscaped area will then there after be the responsibility of the City upon final acceptance. If landscaped area is sloped, the sidewalk-back shall have at least a 6-inch lip/curb to prevent runoff across sidewalk or a 2-feet wide “flat area” behind the sidewalk. a. All plant spacing shall be approved by City Public Works/Engineering Department and Title 17.
b. Landscaping and perimeter wall shall be separately bonded for. c. The following areas shall be fully landscaped and irrigated per this condition and City Code and City Standards as determined by the Public Works Director and annexed in to the City’s Landscaping Maintenance District:
i. The area between the decorative masonry block wall and the sidewalk the entire length of the project site along rear and side 115
Project: Tentative Tract 17710
Date: October 28, 2005
13S:\Agenda Items\City Council Agendas\2023\October 5, 2023\New folder (3)\PWConditionsTTM17710v20051028.doc yards along western project boundary along the entire length of Verbena Road from Victor Street to the northern project boundary. ii. The area between the decorative masonry block wall and the sidewalk the entire length of the project site along rear and side yards along southern project boundary the entire length of Victor Street from Verbena Road to eastern project boundary.
iii. Lot A.
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RESOLUTION 05-51
January 17, 2005
Conditions of Approval Tentative Tract Map 17710
PROJECT: A proposal to divide Tax Parcel 3132-181-03, consisting of 8.97 acres into 38 residential lots for detached, single-family residential development with a minimum lot size of 7,200 square feet. The project is zoned R-1 (Single Family Residential).

Applicant: W. Haughton Communities

PLANNING DEPARTMENT
General Conditions:

1. Approval Period. In accordance with the Subdivision Map Act, the recordation of the final map shall occur within two (2) years from the approval date unless an extension is granted. The applicant may apply for a maximum of five (5) one-year extensions to permit additional time to record the final map. A written request for extension must be submitted to the Department of Planning and Community Development at least thirty (30) days prior to the expiration of Tentative Map approval. This request is the owner/ applicant’s responsibility and the owner/applicant may not receive any additional notice from the City.

2. City Codes. The project shall comply with all disabled access requirements of the Americans with Disabilities Act and Title 24 of the State Code, and all local requirements of the City of Adelanto Municipal Code, including Title 17 (Zoning Code), especially the following R1 zoning district regulations:
 Minimum Lot Size: 7200 square feet
 Minimum Lot Width: 60 feet
 Minimum Lot Depth: 100 feet
 Minimum Side Setbacks: 5 and 10 feet
 Minimum Front Setback: 20 feet
 Minimum Rear Setback: 15 feet
 Maximum Lot Coverage
By Buildings: 40 percent

3. Phasing. This Tentative Tract Map is for a 38 lot subdivision to contain single-family detached dwellings. Phasing is not indicated on the Tentative Tract Map. The Conditions of Approval shall apply to the entire subdivision, unless otherwise indicated.

4. Maintenance Responsibility. The maintenance of graded slopes and landscaped areas shall be the responsibility of the developer until the transfer to individual ownership or until the maintenance is officially assumed by an approved maintenance authority.

Grading permits shall not be issued for any areas to be graded and remain undeveloped for an extended period (e.g.: for subsequent phases of a development) until a revegetation plan is approved by the Planning Department, and until bonds are posted for re-vegetation, or erosion control program for wind erosion. 117
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5. Indemnity. The applicant shall agree to defend, indemnify, and hold harmless the City, its agents, officers, or employees against any action, claim, or proceeding brought because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers or employees may be required to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition.

6. Fish and Game. The applicant/owner shall pay a fee of $1,285 for the Department of Fish and Game determination. This fee shall be submitted to the Planning Division within two (2) days after the date of conditional approval. Payments shall be made with a Money Order or Cashier's Check for $1,285 made payable to the "San Bernardino County Clerk of the Board". The Planning Division shall then file the Notice of Determination within five (5) days after the effective date of conditional approval. The applicant should be aware that Section 21089(b) of the Public Resources Code provides that any project approved under CEQA is not operative, vested or final until the required fee is paid. Proof of fee payment will be required prior to final map recordation.

7. Outstanding Costs. Prior to issuance of any permits, the applicant/developer shall pay any outstanding costs for the processing of applications.

8. Water Feasibility Study. The developer shall provide water supply to meet the needs of further housing within this project. A water supply feasibility study shall be prepared, and approved by the City, and any requirements of that study shall be met prior to recordation of the final map or first phase of the final map.

9. Fees. All fees and charges the City has or intends to adopt that are due at the time of utility connection or when building permit(s) is/are issued shall be paid, as required by the City.

10. Mailboxes. Mailboxes shall be centralized mail collection units that meet U.S. Postal Service requirements and location should be shown on approved plans.

11. Construction Site Needs. Roll off trash bins and chemical toilets for construction workers shall be required on all construction sites and temporary fencing provided around the construction sites and/or a row of temporary fencing provided at such location as to prevent any building materials blowing off of the construction site.

12. Construction Standards. The proposed project shall meet the following requirements:
a. All building construction shall be per building permits issued by the City Building Department and UBC standards and dust control shall be exercised at all times during construction.
b. Applicant shall meet all state required Classroom Structure Authority fees of the Adelanto School District at such time as Certificate of Occupancy is issued.

13. Plan Preparers. Plans submittals must be prepared and signed by a California Licensed Architect or Engineer per State of California, Business and Professions Code. 118
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14. Construction Practices. To reduce potential noise and air quality nuisances, the following items shall be listed as “General Notes” on the construction drawings:
a. Construction activity and equipment maintenance is limited to the hours between 7:00 a.m. and 8:00 p.m. on weekdays. Construction may not occur on weekends or State holidays, without prior consent of the Building Official.

Non-noise generating activities (e.g. interior painting) are not subject to these restrictions.
b. Stationary construction equipment that generates noise in excess of 65 dBA at the project boundaries must be shielded and located at least 100 feet from occupied residences. The equipment area with appropriate acoustic shielding shall be designated on building and grading plans. Equipment and shielding shall remain in the designated location throughout construction activities.
c. Construction routes are limited to City of Adelanto designated truck routes. d. Water trucks or sprinkler systems shall be used during clearing, grading, earth moving, excavation, or transportation of cut or fill materials to prevent dust from leaving the site and to create a crust after each day’s activities cease. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour.
e. A person or persons shall be designated to monitor the dust control program and to order increased watering as necessary to prevent transport of dust offsite. The name and telephone number of such person(s) shall be provided to the City.
f. All grading equipment shall be kept in good working order per factory specifications.

15. Residential Use and Development Restrictions. The physical development of all lots shall be reviewed and approved by the city. Any use, activity, and/or development occurring on the site without appropriate city approvals shall constitute a code violation and shall be treated as such. Placement of any sales trailer or a model home shall require separate review and approval by the City.

16. Compliance with Environmental Mitigation. The developer shall comply with the Mitigation Measures identified in the project’s Initial Study.

Prior to Recordation of the Final Map:

17. Irrigation Systems. All irrigation systems, where required, shall be designed on an individual lot basis unless commonly maintained in an approved manner.

18. Site Improvements. All landscaping and irrigation systems shown on the approved landscape and irrigation plans, all required walls, trails, and/or other improvements shall be completed or suitable bonds shall be posted for their completion. 119
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19. Assessment Districts. Prior to the approval of the Final Tract Map this project shall annex into Assessment Districts for the maintenance of Street Lighting, public landscaping, and street sweeping, and the applicant hereby agrees to waive the right to protest the formation of said district.

20. Lettered Lots/Open Space Easements. All lettered lots and open space easements for the preservation of natural undisturbed open space shall be dedicated to the City or other approved maintenance authority.

21. Covenants, Conditions & Restrictions. If Covenants, Conditions and Restrictions are proposed for this project, two copies shall be submitted to the Planning Division for review and approval to ensure consistency with City policies and standards.

22. Required Approvals. The developer shall obtain the following clearances or approvals:
a. Verification from the Planning Department that all pertinent conditions of approval have been met, including any administrative development plan review approvals, as mandated by the Adelanto Municipal Code.
b. Approval of all proposed street names.
c. Any other required approval from an outside agency.

23. Final Map Submittal. A final map application shall be submitted to the Planning Division with payment of appropriate fees for review and approval concurrently with application to the City Engineer.

Prior to Issuance of Grading Permit.

Based on the existence of possible Mohave ground squirrel habitat and the possibility of undetected presence of burrowing owls, desert tortoise, or other species of concern, the following actions or mitigation measures will be implemented:

24. Mojave Ground Squirrel. Mojave Ground Squirrel trappings were consistent with the California Department of Fish and Game guidelines during the 2005 season. The results of the trappings were negative and the Department of Fish and Game concurs that the likelihood of take of Mojave Ground Squirrel due to site development is low and no take authorization will be needed. This concurrence expires one year from the last date of Mojave Ground Squirrel trapping. If ground disturbance activities do not occur prior to June 28, 2006, the project proponent must consult with the Department of Fish and Game and may be required to re-survey and/or obtain an Incidental Take Permit.

25. Desert Tortoise. No mitigations are recommended at this time for the Desert Tortoise.

However, if a desert tortoise moves on to the site during construction activities, all activities should cease, and the California Department of Fish and Game and the U.S.

Fish and Wildlife Services shall be contacted to discuss appropriate mitigations. Desert tortoises should not be handled by project personnel if they move onto the site during future construction.

26. Sharp-Shinned Hawks and Loggerhead Shrikes. If sharp-shinned hawks and loggerhead shrikes are detected on the site during future surveys, California Department 120
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J:\Planning\Projects\Tentative Tracts\TTM 17710 (Haughton Communities)\TTM 17710 Conditions.doc of Fish and Game shall be contacted to discuss suitable mitigation measures for these two species.

If grading activities commence during the bird nesting season (February 1 to August 31) a wildlife biologist shall conduct pre-construction surveys of all potential nesting habitat within 500 feet of grading activities to avoid potential adverse effects on nesting special status birds.

26. Burrowing Owls. As Burrowing Owls are known to occur in or adjacent to the project area, prior to commencement of ground disturbing activities, a qualified biologist shall conduct a pre-grading survey for burrowing owls using protocols acceptable to the California Department of Fish and Game. As compensation for the direct loss of burrowing owl nesting and foraging habitat, the project proponent shall mitigate by acquiring and permanently protecting known borrowing owl nesting and foraging habitat at the following ration:
(a) Replacement of occupied habitat with occupied habitat at 1.5 times 6.5 acres per pair or single bird.
(b) Replacement of occupied habitat with habitat contiguous with occupied habitat at 2 times 6.5 acres per pair or single bird, and/or; (c) Replacement of occupied habitat with suitable unoccupied habitat at 3 times 6.5 acres per pair or single bird.

The project proponent shall establish a non-wasting endowment account for the long-term management of the preservation site for burrowing owls.

The site shall be managed for the benefit of burrowing owls. The preservation site, site management, and endowment shall be approved by the Department of Fish and Game.

All owls associated with occupied burrows that will directly be impacted (temporarily or permanently) by the project, shall be passively relocated and the following measures shall be implemented to avoid take of owls:
(a) Occupied burrows shall not be disturbed during the nesting season of February 1 through August 31, unless a qualified biologist can verify through non-invasive methods that either the owls have not begun egg laying and incubation or that juveniles from the occupied burrows are foraging independently and are capable of independent flight. (b) Owls must be relocated by a qualified, permitted biologist from any occupied burrows that will be impacted by project activities. Once the biologist has confirmed that the owls have left the burrow, burrows should be excavated using hand tools and refilled to prevent reoccupation.
(c) All relocation shall be approved by the Department of Fish and Game.

The permitted biologist shall monitor the relocated owls a minimum of three days per week for a minimum of three weeks. A report summarizing the results of the relocation and monitoring shall be 121
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J:\Planning\Projects\Tentative Tracts\TTM 17710 (Haughton Communities)\TTM 17710 Conditions.doc submitted to the Department of Fish and Game within 30 days following completion of the relocation and monitoring of the owls.

A Burrowing Owl Mitigation and Monitoring Plan shall be submitted to the Department of Fish and Game for review and approval prior to relocation of owls. The Burrowing Owl Mitigation and Monitoring Plan shall describe proposed relocation and monitoring plans. The Plan shall include the number and location of occupied burrow sites and details on adjacent or nearby suitable habitat available to owls for relocation. If no suitable habitat is available nearby for relocation, details regarding the creation of artificial burrows (numbers, location and type or burrows) shall be included in the Plan. The Plan shall also include off-site areas to preserve to compensate for impacts to burrowing owls/occupied burrows at the project site a required by the Department of Fish and Game.

27. Joshua Trees. Prior to the commencement of grading, the applicant shall relocate all Joshua trees applicable to the Relocation Program per the requirements of the City Development Code and California Desert Native Plant Act.

28. Proof of Mitigation. Prior to the issuance of grading permits, the developer shall submit written proof, satisfactory to the Planning Director, that any concerns of the California Department of Fish and Game, including but not limited to Mohave ground squirrel, have been mitigated in a manner acceptable to the Department of Fish and Game.

29. City Conditions. The applicant shall comply with all standard City conditions and biological mitigation measures, including those related to the Mohave ground squirrel contained within the adopted Mitigated Negative Declaration.

During Grading:

30. Dust Control. All construction shall be per building permits issued by the Building Department and dust control shall be exercised at all times during construction. Periodic watering will be used during construction to reduce dust to a level that is not significant.

31. Archeological Resources. If prehistoric or historic resources over 50 years of age are encountered during land modification, then activities in the immediate area of the finds shall be halted so that an archaeologist can assess the find, determine its significance, and make recommendations for appropriate mitigation measures. A historical resources management report shall be submitted by the professional to document the monitoring, to evaluate resource significance and integrity, and if necessary, to evaluate project impacts and propose mitigation measures to mitigate potential adverse impacts. If archeological resources are encountered during grading, ground disturbance activities shall cease so a qualified archeological monitor can evaluate the resources. If discovered resources merit long-term consideration, adequate funding shall be provided to collect, curate and report their resources in accordance with standard archaeological management requirements. If the City finds that a developer encounters cultural resources and fails to notify the Planning Department, the City will place those responsible for the destruction of historic and archaeologically significant resources on file with the County of San Bernardino and the State of California, Office of Historic Preservation.
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32. Paleontological Resources. If paleontological resources are encountered during grading, ground disturbance activities shall cease so a qualified paleontological monitor can evaluate any paleontological resources exposed during the grading activity If paleontological resources are encountered, adequate funding shall be provided to collect, curate and report on these resources to ensure the values inherent in the resources are adequately characterized and preserved. Collected specimens will be sent to the Earth Sciences Division of the San Bernardino County Museum.

33. Abandoned Wells. Any abandoned wells on the property or similar structures that might result in groundwater contamination shall be destroyed in a manner approved by the City and San Bernardino Environmental Health Department.

34. Human Remains. If human remains are encountered on the property, then the San Bernardino County Coroner's Office MUST be contacted within 24 hours of the find, and all work halted until a clearance is given by that office and any other involved agencies.

Contact the County Coroner at either 1) 15329 Bonanza Road, Unit 8, Victorville, CA 92392 or (760) 955-8535; or 2) 175 South Lena Road, San Bernardino, CA 92415-0037 or (909) 387-2978.

Prior to Issuance of Building Permits:

35. Adelanto Unified School District. The enrollment of the Adelanto Unified School District is impacted by new development. To mitigate the impact of this project, developer shall pay such fees as are required by the Adelanto Unified School District, and any other fees assessed by Government Code Section 53080, and 65995-65997.

36. Development Impact Fees. The City of Adelanto is in the process of implementing development impact fees for various infrastructure and capital facilities needs generated by new development. These fees will provide for various capital facilities including, but not limited to, roads, parks, flood control and drainage, public facilities, and fire fighting facilities. This project shall be subject to all such development impact fees which are in effect at the time building permits are issued.

37. Water Resources Control Board. The applicant shall submit a copy of the State Water Resources Control Board permit letter with the WDID number to the Planning Department.

38. Landscaping. The developer shall submit three (3) copies of construction level Landscape and Irrigation Plans to Planning Department, accompanied by the appropriate filing fee. The plans shall be prepared by a registered landscape architect and include the location, number, genus, species, and container size of the plants. The cover page shall identify the total square footage of the landscaped area and note how it is to be maintained. Use of water efficient fixtures and drought tolerant plants is encouraged. For model home complexes, at least one of the models should be landscaped utilizing xeroscape concepts.

The grading, fencing, plant material, irrigation, and other aspects of landscape design shall positively integrate the storm drain channel and/or detention basins into the residential neighborhood. Fencing shall consist of decorative wrought iron that does not obstruct views into or through these facilities. Fencing shall maintain a streetscape that is consistent with single-family residential neighborhoods and provide adequate transitions to individual dwellings. Plant material shall incorporate species used in front 123
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J:\Planning\Projects\Tentative Tracts\TTM 17710 (Haughton Communities)\TTM 17710 Conditions.doc yards throughout the project to further integrate these facilities into the design. The final use and design of these facilities may include joint recreational use and shall be subject to approval from the Community Development Director.

39. Walls and Fences. The developer shall submit and obtain approval from the Planning Department of a block wall/fence plan. At a minimum, this plan shall include the following items:
a. A six-foot high, decorative block wall around the perimeter of the project site and along entry drives into the tract. Pilasters shall be provided approximately every 120 to 150 feet coincident with interior lot corners along perimeter walls adjacent to perimeter streets, and decorative capping with a minimum overhang of 2 inches.
b. The applicant shall employ creative design techniques for perimeter walls in order to improve the street presence of the project. Such techniques include the use of materials such as slump stone, split face block, or concrete block with an interlocking design. Colors of block materials shall be coordinated with other block walls along the same street(s).
c. A six-foot high, decorative block wall/solid fencing on all residential property lines where side or rear yards adjoin a public interior street or storm drain facility. d. Six-foot high decorative block walls or other solid fencing material on all other side and rear property lines throughout the project.

Prior to Certificate of Occupancy:

40. Water Conservation/Landscaping Ordinance. The Developer shall be responsible for planting landscaping in compliance with Section 17.10.100 subsections B through E of the Adelanto Municipal Code, entitled “Water Conservation/Landscaping Ordinance”, including but not limited to native drought-tolerant plants and efficient irrigation systems.

Species shall be in compliance with Section 17.10.100 subsection G.

41. Front Yard Landscaping and Irrigation. Install front yard landscaping and irrigation for all new homes. Landscaping and irrigation shall be installed with a minimum of one (1) tree (minimum 15 gallon/1” caliper at 6” above base) and six (6) shrubs per thirty (30) linear feet of frontage plus sufficient groundcover plantings to provide combined shrub and ground coverage of fifty (50) per cent of the total landscaped area in each front yard and street side yard. The variety of tree to be provided is subject to approval of Planning and Public Works Departments and the trees are to be maintained by the property owner. The plant material shall be drought tolerant suitable to local soil conditions and developer shall submit site landscaping plan. Trees must be planted a minimum of ten (10) feet behind property lines.

42. Perimeter Wall. All walls and fences shall be constructed as shown on approved wall and fence plans.

43. Perimeter Landscaping and Irrigation. A five (5) foot irrigated landscape easement shall be provided between the edge of the sidewalk and the perimeter wall on all surrounding streets. 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) 124
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J:\Planning\Projects\Tentative Tracts\TTM 17710 (Haughton Communities)\TTM 17710 Conditions.doc percent of the total area with shrubs and ground cover. Turf is prohibited within public rights-of-way. Irrigation shall be designed to minimize maintenance and water consumption. Said landscape easement and landscaped area shall be maintained by the developer until such time as the final home is occupied; the landscape easement, if necessary, shall then be deeded to the City and the landscaped area will then there after be the responsibility of the City upon final acceptance, but maintained by the abutting property owner.

All slopes over three feet in height shall be fully landscaped and irrigated.

If the landscaped area adjacent to sidewalks is sloped, the sidewalk-back shall have at least a 4 inch overhang/curb to prevent runoff across the sidewalk.

44. Unit Identification. Each unit in the tract shall include a lighted address fixture. This fixture shall allow for replacement of the bulbs, and shall be reviewed and approved by the Planning Department.

PUBLIC WORKS DEPARTMENT
General Conditions:

45. A document signed and acknowledged by the legal owners of record of the real property being subdivided consenting to the subdivision shall be submitted to the City of Adelanto, with a copy to the City Engineer, following Tentative Map Approval by the Planning Commission.

46. All final phase maps, conforming to the approved Tentative Map and based on a recent field survey, shall be submitted to the City Engineer for review and approval.

47. The design of the public infrastructure elements shall conform to the requirements of the City General Plan and the standard specifications, current edition, and as required and approved by the Public Works Department staff.

48. The following plans and reports shall be prepared by a competent California licensed civil engineer prior to any site development. All required plans shall be drawn in ink at appropriate scales on mylar sheets as approved by the Public Works Department staff.

Plans Required:
a. Street Plans - Plan/Profile at 1" = 40' (Hor), 1" = 4' (Vert), plus Title/Index and Detail Sheets.
b. Rough Grading 1" = 40', and Precise Grading Plan 1" = 30', 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, Sewer and Storm Drain - Plan/Profile at 1" = 40' (Horizontal), 1" = 4' (Vertical), plus Title/Index and Detail Sheets.
d. Landscape/Irrigation - Plan 1" = 40'.
e. Electrical and Street Lighting Plan 1" = 100'.
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J:\Planning\Projects\Tentative Tracts\TTM 17710 (Haughton Communities)\TTM 17710 Conditions.doc f. Street Striping and Signage Plan 1” = 100’.
g. Water Distribution Plan (indicating Fire Hydrant location and Water conductivity) 1” = 100’.
h. Composite underground Utility Plan at 1" = 100’ showing all curbs, sewer, water, and storm drain with valves, utility valves, manholes and service connections.

Gas, electric, telephone, and CATV shall be shown schematically based on plans prepared by utility agencies.
i. Storm Water Pollution Prevention Plan shall be prepared and approved by the California State Water Quality Control Board prior to grading permit.

49. All improvements shown on the phase improvement plans, as required by the City Engineer, shall be constructed prior to occupancy of any dwelling.

50. All utilities plans (i.e. Edison electrical, telephone, cable, etc.) must be approved by the City Engineer prior to installation.
a. No utility manholes shall be located within sidewalks.

51. Final Maps shall meet all requirements of the Adelanto Municipal Code, and shall include the following:
b. All easements within the City of Adelanto’s rights of way shall be subordinated to the City of Adelanto.
c. All easements and rights-of-way, both existing and as required by the Public Works Department Staff. All off site right of way required shall be acquired by the Developer pursuant to the subdivision map act and the Adelanto Municipal Code.

52. Reports Required:
d. Title Report. A preliminary title report accompanied by copies of all recorded documents cited therein shall be submitted to the Public Works Department staff for review along with the first submittal of the final map for the checking. e. Soils Report. A preliminary soils report as prepared by a competent California licensed geotechnical engineer or civil engineer skilled in soils/foundation investigations shall be submitted for review by the Public Works 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.
f. Hydrology Report. A comprehensive 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 site must accommodate existing drainage flows until future 126
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J:\Planning\Projects\Tentative Tracts\TTM 17710 (Haughton Communities)\TTM 17710 Conditions.doc Master Plan of Drainage channels presently affecting this site have been constructed.
g. 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 reports on progress and test results to the Public Works 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 Public Works 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.

53. All grading for the proposed subdivision lots shall be confined to the subdivision boundary limits unless the Developer first secures letters of permission to grade across property lines from any and all affected adjacent property owners.

54. Utilities shall be installed underground to all lots per Public Utilities Commission requirements. No above ground structures shall be permitted within this subdivision.

55. A noise and avigation easement on all subdivision parcels and roadways shall be granted and conveyed to the City of Adelanto.

56. 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.

57. Approval of Tentative Tract 17710 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.

58. No utility access points/manholes shall be placed within sidewalks or within twelve (12) inches of curb and gutter.

59. Fees Required:
h. At the time of first submittal of Final map, the Developer shall pay to the City of Adelanto all applicable fees. An Engineer’s estimate of construction shall be prepared by the Developer and approved by the Public Works Department staff. i. At the time of requesting recordation of Final Map, the Developer shall provide to the City Performance and Labor Bonds and enter into a Subdivision Improvement Agreement. These Bonds shall guarantee setting of final survey monumentation within the proposed Map. Said deposit will be refunded after the Public Works Department Staff verifies that said monumentation has been set in accordance with the Final Map and that any required amended maps and/or certificates of correction have been recorded.
j. Prior to issuance of any permits to construct any public improvements, the Developer shall pay to the City of Adelanto all applicable fees. 127
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J:\Planning\Projects\Tentative Tracts\TTM 17710 (Haughton Communities)\TTM 17710 Conditions.doc k. The Developer shall pay any applicable impact fees that may apply. l. Prior to issuance of any permits to construct any improvements, the developer shall enter into an improvement construction 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. These securities shall be provided by the Developers and all assignees and successors to the City.
i. For each Improvement category, a Faithful Performance surety for 100% of estimated improvement cost plus 20% contingencies.
ii. For each Improvement category, a Materials and Labor surety for 50% of estimated improvement cost plus 10% contingencies.

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

61. All improvements shown on the phased improvement plans, as required by the City Engineer, shall be constructed prior to occupancy of any dwelling.

Street Improvements:

Off-site street improvement requirements shall be constructed based on sensitivity analysis contained in the Traffic Study prepared for this development. 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 shall obtain all required right of ways, construct all street improvements at the times required by the Traffic Study and approved by the Public Works Department staff.

62. Offsite street dedications are as follows:
a. Dedication for street and utility purposes to provide for a Major Collector half-width of forty (40) feet for Victor Street located along the southern boundary of this project and to Verbena Road located along the western boundary of this project.

63. Offsite street improvements are as follows:
a. Major Collectors shall be constructed to full-width of 64 feet of asphalt concrete paving 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, removing and replace any existing asphalt that does not meet this requirement, 8" concrete curb and gutters, and six-foot wide sidewalks, per City Standard 109 Type C. This requirement shall apply to the full width of Victor Street located along the southern boundary of this project and to the east half of Verbena Road located along the western boundary of this project. b. Local Streets shall be constructed to half-width of 30 feet of asphalt concrete paving (18 feet to the centerline plus a lane of 12 feet on the other side of the centerline) 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, 128
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J:\Planning\Projects\Tentative Tracts\TTM 17710 (Haughton Communities)\TTM 17710 Conditions.doc whichever is greater, 8" concrete curb and gutters, and six-foot sidewalks, per City Standard 109 Type C. This requirement shall apply to the east half of Stevens Street from Bartlett Avenue to Chamberlaine Way located along the western boundary of this project.

64. Onsite street dedications are as follows:
a. Dedication for street and utility purposes to provide for a street full-width of a Local Street of sixty (60) feet for all interior streets, including cul-de-sacs. b. Cul-de-sac bulbs shall have a right-of-way dedication for street and utility purposes of a 57-foot radius.
c. Dedication of corner cut-offs at all street intersections.

65. Onsite street improvements are as follows:
a. Internal streets shall be constructed to full width of a Local Street of 36 feet of asphalt concrete paving consisting of a minimum of 3 inches of asphalt concrete over 4 inches of type 2 base material, or per “R” value test for a Traffic Index (TI) of 7, whichever is greater, 8" concrete curb and gutters, and six-feet wide sidewalks as per City Standard 109 Type C.
b. Cul-de-sacs shall be constructed of asphalt concrete paving consisting of a minimum of 3 inches of asphalt concrete over 4 inches of type 2 base material, or per “R” value test for a Traffic Index (TI) of 7, whichever is greater, 8" concrete curb and gutters, and six feet wide sidewalks as per City Standard 109 Type C.

66. Final sections shall be approved by the Public Works Department staff prior to first submittal of street improvement plans.

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

68. There shall be no intersecting street centerlines less than 90 degrees unless otherwise approved by the Public Works Department staff.

69. Pavement structural section shall be designed based on soils tests (R-Valve Tests) conducted by an acceptable soils testing laboratory and submitted by a California licensed geotechnical engineer for a Traffic Index as approved by the Public Works Department staff.

70. 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 by the Public Works Department Staff in accordance with federal and state laws at the time of construction shall be to the 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.

71. All curb heights and gutter widths shall be based on requirements as set forth by the Hydrology/Hydraulics Report and approved by the Public Works Department staff. 129
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72. All covers for utility manholes, valves, and vaults shall be adjusted to final grade after final paving.

73. 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.

74. Prior to the time that lumber is deposited on site for approved construction in a specific phase, all curbs and 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.

75. Sleeves for lighting and landscape purposes will be allowed in the public street right-ofway when necessary, subject to the approval of the Public Works Department staff.

76. 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 Public Works and Engineering Departments staff:
c. Any disturbance of pavement newer than 12 months requires the full disturbed pavement section to be cold-planed (grinded down) a tenth of a foot (.1 feet) and resurfaced with AC AR 4000, as directed by Public Works/ Engineering Department staff.
d. All other disturbed sections of pavement must be trenched according to City Standards, permanently resurfaced using the minimum the existing AC plus one (1) inch of AC and six (6) inches of AB Class Type II. 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 an additional width of three (3) feet on both sides of the removed section must be cold planed (grinded down) a tenth of a foot (.1 feet) and resurfaced with AC AR 4000, as directed by Public Works/ Engineering Department staff. If this leaves a width less then three (3) feet not being resurfaced on a side then that section must also be resurfaced.
e. 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 Public Works/Engineering Department staff.

Sewer Improvements:

77. Prior the project construction, the developer shall cause or participate in a sewer feasibility study as directed and approved by the City Engineer. Sewage disposal shall be consistent with the Feasibility Study, and the developer shall pay all fees pursuant to the Feasibility Study.
f. Sewer mains shall be a minimum diameter of 8" with PVC pipe and fittings unless otherwise approved by the Public Works Department staff. Service laterals shall be constructed with PVC. No structure shall be occupied until the collection system has been thoroughly cleaned, inspected, tested, and accepted for 130
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J:\Planning\Projects\Tentative Tracts\TTM 17710 (Haughton Communities)\TTM 17710 Conditions.doc maintenance by the City Public Works Department staff. All manhole and cleanout covers within paved areas shall be adjusted to finished grades after paving is completed, and shall be accessible during construction as directed by Public Works and Public Utilities staff. All such adjustments shall be done in a manner as to prevent entry of silt and/or debris into the sewer system.

78. The applicant shall connect the project to the City sewer system and pay all associated hook-up fees in compliance with the Adelanto Public Utility Authority No. 1 (as amended). The design shall conform to the City adopted sewer master plan or to requirements of 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:

79. Prior to the construction of the project, the developer shall cause or participate in a Water Service Feasibility Study as directed and approved by the City Engineer. Water service shall be consistent with the Feasibility Study and the developer shall pay all fees pursuant to the Feasibility Study.

80. The Developer shall comply with the requirements of the Adelanto Public Utility Water District.

81. The applicant shall extend City 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 Adelanto Public Utility Authority.

82. Water Improvement Design for the project shall conform to the City’s adopted Water Master Plan and/or to the requirements of the City’s Water Superintendent or the City Engineer. All required backflow devices shall be installed by the developer.

83. All water valves and vault covers within paved areas shall be raised to finish surfaces and painted after paving is completed.

84. All fire hydrants, air vacuums and all other above ground water facilities shall be placed outside of sidewalk areas. 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 Public Works Department staff.

85. 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.

86. Fire protection plans shall be designed per the requirements of the Adelanto Fire Marshall. Fire protection shall include but is not limited to, fire hydrants no more than 300 feet apart.
g. Fire hydrants shall be set to a level for “safe break away” and easy access, per the Water Department.
h. Blue dot identification on final pavement will be required for all hydrants installed. 131
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J:\Planning\Projects\Tentative Tracts\TTM 17710 (Haughton Communities)\TTM 17710 Conditions.doc Drainage Improvements:

87. 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 drain facilities do not exceed the maximum flows for which said facilities are presently designed. This shall be subject to review and approval of the City Engineer.

88. Storm flows may be conveyed in street sections to the extent that tops of curbs shall accommodate a 10-year storm and that right-of-way limits shall accommodate a 100- year storm. If storm flows cannot be adequately conveyed by street sections, underground storm drains shall be provided as recommended in the Hydrology/Hydraulics Report and approved by the Public Works Department staff.

89. All 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.

90. Prior to the recordation of each final map the Developer shall construct temporary drainage facilities and establish erosion control practices as necessary to minimize storm runoff and erosion and silt deposition. 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 Public Works Department staff. During construction, all NPDES guidelines will be in full force and all Best Management Practices (BMP) shall be followed.

91. The Developer shall provide adequate mitigation for storm drainage to avoid concentrating or increasing offsite flows, subject to review and approval by City of Adelanto Public Works/Engineering staff.
a. Consistent with County Flood Control Standards, drainage systems shall be designed so that drainage leaving the project is not greater than 90% of predevelopment flows. i. The Developer shall install a detention basin to provide for a minimum 10- year storm, subject to the review and approval by the City Engineer. ii. All retention or detention facilities shall be fully landscaped and fenced using tubular steel fencing and shall have dry wells installed at the inlet and bottom of the basin.
iii. Paved access shall be provided to the bottom of the basin to facilitate maintenance.
iv. Any properties used for drainage facilities shall be dedicated to the city for drainage uses or have an easement on it for drainage uses. v. Lot A shall be widened a minimum of 12 feet at “C” Street to provide vehicular maintenance access from “C” Street.
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92. All drainage flows, including storm event drainage and nuisance drainage, must be conveyed across roads designated as Major Collectors or greater, via subsurface conveyance. This requirement shall apply to all drainage crossing:
a. Victor Street
i. A cross-gutter with a under drain, or another subsurface conveyance shall be install for to convey drainage flows crossing Victor Street adjacent to Verbena Road for the full width of Victor Street.

93. In order to mitigate the lack of two points of all weather egress and safe walking routes to school, the developer shall install a dry-type (box culvert or bridge) crossing of Channel #2 at Mojave Drive. If a dry-type crossing is already installed, the developer shall pay the full Development Impact Fees for Drainage.

Traffic Safety:

94. Prior to the submittal of the Final Map, the developer shall prepare a cumulative Traffic Impact Analysis (TIA) to study the impacts of this development on the circulation system of the Adelanto General Plan. The Developer shall pay fair share amounts for traffic improvements as determined by the Traffic Impact Analysis, or if the study indicates warrants for immediate traffic signal and infrastructure needs, the developer shall install the needed improvements.

OR

95. In lieu of preparing the Traffic Impact Analysis Report and performing the necessary mitigation by construction or paying fair share cost, the developer may pay the following in-lieu fees; if the City adopts Traffic Impact Fees, those shall supersede the in-lieu fees listed below:
a. A fee of $1,500.00 per residential lot for impacts the Regional Road, Super Arterial, Major Arterial, and Major Collector Road Network.

96. Prior to the recordation of the final map, 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. This lighting system shall utilize high-pressure sodium vapor lamps. a. Streetlights shall be energized when installed and maintained by the developer for eighteen (18) months, after which the City of Adelanto shall maintain the lights.

97. Street name signs and traffic control devices shall be constructed in accordance with the approved plans. 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 they are installed into concrete. b. All street name signs shall be installed on 12” cap brackets. c. Any sign or post removed by the developer shall be returned to the Street Department undamaged and unmolested.
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J:\Planning\Projects\Tentative Tracts\TTM 17710 (Haughton Communities)\TTM 17710 Conditions.doc d. All street 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 in front of all fire hydrants f. Curbs must be painted white in front of all mailboxes with 3 Minute Parking stenciled on the curb-face.
g. Each street section shall have a posted speed limit sign as directed by Public Works/Engineering Department staff.

98. During construction, temporary pedestrian and traffic control devices shall be constructed as deemed necessary by the City 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.

Onsite Improvements:

99. All pad elevations shall be higher than all adjacent street elevations. 100. All lots shall be designed and graded to drain to fronting streets. 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.
101. All lots shall be provided with driveway approaches per City Standard Drawings. Sewer and water service pipelines shall be placed outside of driveway areas unless otherwise approved by the Public Works Department staff.
102. The tops of all cut slopes shall be in conformance to City Standards per the City Engineer. Retaining walls shall be utilized where required by the Public Works Department staff to ensure that unusable and non-visible slopes are not created at the sides or rear of any lot, and that there is a “flat” area in all side yards per City Standards per the City Engineer.

Park and Landscaping:
103. Prior to the grading permit for any phase of development, the Developer shall prepare final improvement plans for the landscaping and irrigation of parks, 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 Public Works Department and Planning Department staff.
104. In order to mitigate impacts to City parks and services under the California Environmental Quality Act, the developer shall do one of the following:
a. Pay the equivalent value of the land and improvements to the City to be used to develop a park in the vicinity; paying full Park Impact Fees shall meet this requirement.
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J:\Planning\Projects\Tentative Tracts\TTM 17710 (Haughton Communities)\TTM 17710 Conditions.doc 105. Developer shall construct minimum six (6) foot high decorative masonry block perimeter walls (measured from the highest side) as specified below and consistent with Planning Department requirements:
a. The length of the project site along rear and side yards along western project boundary along the entire length of Verbena Road from Victor Street to the northern project boundary.
b. The length of the project site along rear and side yards along southern project boundary the entire length of Victor Street from Verbena Road to eastern project boundary.
c. The length of the northern lot line (the southern side-yard lot lines of Lots 24 & 33 of Tract 17029) of Lot A.
d. The length of the southern lot line (the northern side-yard lot lines of Lots 24 & 11 of Tract 17710) of Lot A.
106. Developer shall annex, and pay all fees associated with annexation, all landscaping, lighting and detention/retention areas in to the City’ Light and Landscaping Maintenance District. As a condition of building permit issuance, the developer shall pay to the City the pro-rata per lot share equivalent of twelve months maintenance costs of landscaping as determined by the City.
107. If, due to design constraints, the masonry block perimeter wall is behind a property line and part of any lot is between the perimeter wall and the sidewalk, the developer shall offer for dedication said land as a landscape easement to the City of Adelanto. 108. 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 materials, and irrigation installed, as approved by City Staff. Said landscape easement and landscaped area shall be maintained by the developer until such time as the final home is occupied; the landscape easement, if necessary, shall then be deeded to the City and the landscaped area will then there after be the responsibility of the City upon final acceptance. If landscaped area is sloped, the sidewalk-back shall have at least a 6-inch lip/curb to prevent runoff across sidewalk or a 2-feet wide “flat area” behind the sidewalk. a. All plant spacing shall be approved by City Public Works/Engineering Department and Title 17.
b. Landscaping and perimeter wall shall be separately bonded for. c. The following areas shall be fully landscaped and irrigated per this condition and City Code and City Standards as determined by the Public Works Director and annexed in to the City’s Landscaping Maintenance District:
i. The area between the decorative masonry block wall and the sidewalk the entire length of the project site along rear and side yards along western project boundary along the entire length of Verbena Road from Victor Street to the northern project boundary.
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J:\Planning\Projects\Tentative Tracts\TTM 17710 (Haughton Communities)\TTM 17710 Conditions.doc ii. The area between the decorative masonry block wall and the sidewalk the entire length of the project site along rear and side yards along southern project boundary the entire length of Victor Street from Verbena Road to eastern project boundary.
iii. Lot A.

FIRE DEPARTMENT
109. Jurisdiction. The above referenced project is under the jurisdiction of the San Bernardino County Fire Department herein (“Fire Department”). Prior to any construction occurring on any parcel/lot, the applicant shall contact the Fire Department for verification of current fire protection requirements. All new construction shall comply with the current Uniform Fire Code requirements and all applicable statutes, codes, ordinances and standards of the Fire Department.
110. Water Systems/Fire Flow. Prior to any land disturbance, the water systems shall be designed to meet the required fire flow for this development and shall be approved by the Fire Department. The required fire flow shall be determined by using Appendix IIIA of the Uniform Fire Code. The Fire Flow for this project shall be: 1250 GPM for a 2 Hour duration at 20 psi residual operating pressure or as required by the Department. Fire Flow based on 3600 sq.ft. structure.
111. Fire Fees. The required fire fees (currently $1,040.00) shall be paid to the San Bernardino County Fire Department/Community Safety Division (909-386-8465). This fee is in addition to fire fees that are paid to the City of Adelanto. 112. Access. The development and each phase thereof shall have a minimum of 2 points of vehicular access. These are for fire/emergency equipment access and for evacuation routes.
113. Combustible Protection. Prior to combustibles, being placed on the project site an approved paved road with curb and gutter and fire hydrants with an acceptable fire flow shall be installed. The topcoat of asphalt does not have to be installed until final inspection and occupancy.
114. Combustible Vegetation. Combustible vegetation shall be removed as follows:
 Where the average slope of the site is less than 15% - Combustible vegetation shall be removed a minimum distance of thirty (30) feet from all structures to the property line, whichever is less.
 Where the average slope of the site is 15% or greater – Combustible vegetation shall be removed a minimum one hundred (100) feet from all structures or to the property line, whichever is less.
115. Water System Residential. A water system approved by the Fire Department is required. The system shall be operational, prior to any combustibles being stored on the site. Detached single family residential developments may increase the spacing between hydrants to be no more than three hundred (300) feet and no more than one hundred fifty (150) feet (as measured along vehicular travel-ways) from the driveway on the address side of the proposed single family structure. 136
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J:\Planning\Projects\Tentative Tracts\TTM 17710 (Haughton Communities)\TTM 17710 Conditions.doc 116. Water System Certification. The applicant shall provide the Fire Department with a letter from the serving water company, certifying that the required water improvements have been made or that the existing fire hydrants and water system will meet distance and fire flow requirements. Fire flow water supply shall be in place prior to placing combustible materials on the job-site.
117. Street Sign. This project is required to have an approved street sign (temporary or permanent). The street sign shall be installed on the nearest street corner to the project.

Installation of the temporary sign shall be prior to any combustible material being placed on the construction site. Prior to final inspection and occupancy of the first structure, the permanent street sign shall be installed.
118. Hydrant Marking. Blue reflective pavement markers indicating fire hydrant locations shall be installed as specified by the Fire Department. In areas where snow removal occurs or non-paved roads exist, the blue reflective hydrant marker shall be posted on an approved post along the side of the road, no more than three (3) feet from the hydrant and at least six (6) feet high above the adjacent road. 119. Residential Addressing. The street address shall be installed on each building with numbers that are a minimum of four (4) inches in height and with a one half (1/2) inch stroke. The address shall be visible from the street. During the hours of darkness, the numbers shall be internally and electrically illuminated with a low voltage power source. Numbers shall contrast with their background and be legible from the street.

Where the building is fifty (50) feet or more from the roadway, additional contrasting four (4) inch numbers shall be displayed at the property access entrances. 120. Spark Arrestor. An approved spark arrestor is required. Every chimney that is used in conjunction with any fireplace or any heating appliance in which solid or liquid fuel are used, shall have an approved spark arrestor visible from the ground that is maintained in conformance with the Uniform Fire Code.
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