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Agenda

Adelanto City Council
June 12, 2024

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Agenda
Meeting
June 12, 2024
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Adelanto City Council
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2
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Text extracted from the city's file for reading and search. Open the original on adelanto.granicus.com. That file is the official record.

AGENDA

REGULAR MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC FINANCING AUTHORITY,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
JUNE 12, 2024

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
Open Session: 7:00 p.m.

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 [email protected]; written correspondence may be sent to Brenda Lopez, 11600 Air Expressway Adelanto CA 92301.
1 REGULAR MEETING
JUNE 12, 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us 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 REGULAR MEETING
JUNE 12, 2024
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 ________
INVOCATION:

FLAG SALUTE: ______________________
B. APPROVAL OF AGENDA
C. CITY MANAGERS ANNOUNCEMENTS AND REPORT
D. CITY COUNCIL ANNOUNCEMENTS AND REPORTS
E. PRESENTATIONS

1. Presentation from City of Adelanto to Lt. Ryan Smith for his years of service.

2. Update by Captain Ken Lutz.

3. Presentation by Excelsior.

4. Presentation by Rolling Start.

F. 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.

A. CALL TO ORDER—REGULAR MEETING
3 REGULAR MEETING
JUNE 12, 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us 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. 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. Receive and file of Commercial and Residential Recycling Department report.

3. Approval of the Fiscal Year 2024-2025 (FY24/25) Amendment 8 for City fire protection and emergency medical services provided by the San Bernardino County Fire Protection District and authorize the City Manager to execute the contract amendment.

4. Receive and file Business License Department Report.

5. Receive and File Community Safety 2nd Quarter Report.

6. Adopt Resolution 24-43 of the City of Adelanto, calling and giving notice of the holding of a General Municipal Election for certain officers. Requesting consolidation of such Election with the County of San Bernardino, adopting regulations for candidates for Elective Office for such Election regarding Candidate Statements, and providing for the determination of tie votes.

RESOLUTION NO. 24-43

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADELANTO, CALIFORNIA, (1) CALLING AND GIVING NOTICE OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, FOR THE ELECTION OF CERTAIN OFFICERS; (2) REQUESTING

CONSOLIDATION OF SUCH ELECTION WITH THE COUNTY OF SAN
BERNARDINO WITH ANY AND ALL ELECTIONS HELD ON SUCH DATE; (3) REQUESTING THE COUNTY OF SAN BERNARDINO TO PROVIDE

SPECIFIC ELECTION ADMINISTRATION SERVICES FOR SUCH
ELECTION; (4) ADOPTING REGULATIONS FOR CANDIDATES FOR

ELECTIVE OFFICE FOR SUCH ELECTION REGARDING CANDIDATE
STATEMENTS; AND (5) PROVIDING FOR THE DETERMINATION OF TIE

VOTES BY LOT UNLESS THE CITY COUNCIL ADOPTS THE PROVISIONS OF ELECTIONS CODE SECTION 15651(b) PRIOR TO THE CONDUCT OF

THE ELECTION RESULTING IN THE TIE VOTE
4 REGULAR MEETING
JUNE 12, 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us

7. Approval of various items regarding the Silver Peak/ AES project.

M__________________S__________________ACTION__________________ H. ADELANTO PUBLIC UTILITY AUTHORITY 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.

PUBLIC COMMENT: OPEN: CLOSED:

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 various items regarding the Silver Peak/ AES project.

M__________________S__________________ACTION__________________ I. NEW BUSINESS
J. ITEMS REMOVED FROM THE CONSENT CALENDAR
K. FUTURE AGENDA ITEMS
City Councilmembers may request to receive a report, schedule a study session, or to place an item on a future City Council agenda regarding matters within the jurisdiction of the City Council. Requests require a motion, a second, and a majority vote of the City Council. Individual requests should be voted on separately. The City Manager shall work with City staff to respond to inquiries and requests as soon as practicable in an appropriate manner.

L. 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 o 5 REGULAR MEETING
JUNE 12, 2024
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us M. ADJOURNMENT
The next Regular Meeting of the City Council will be held on June 26, 2024, at 7:00 p.m.

TIME OUT:

M__________________S__________________ACTION____________________

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 JUNE 8, 2024 SEVENTY-TWO (72) 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
N. DECLARATION OF POSTING
6 REGULAR MEETING
JUNE 12, 2024
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

REGULAR MEETING

OF THE ADELANTO CITY COUNCIL

ADELANTO PUBLIC FINANCING AUTHORITY,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
June 12, 2024
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 and Call in for public
comments:

Please call 1-669-900-6833 along with
conference code 931 4644 4676
Open Session – 7:00 p.m. Passcode: 7601

Dated: June 8, 2024 Brenda Lopez, City Clerk, CMC
8 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: June 12, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Brenda Lopez, City Clerk
SUBJECT: MONTHLY COMMERCIAL & RESIDENTIAL SOLID WASTE AND

RECYCLING REPORT
STAFF RECOMMENDATION:

Receive and file.

ATTACHMENTS:

1. Burrtec’s Monthly Commercial and residential Solid Waste and Recycling Report 9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 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: June 12, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Brenda Lopez, CMC, City Clerk
SUBJECT: CONSIDERATION OF THE FISCAL YEAR 2024-2025 AMENDMENT 7 FOR CITY FIRE

PROTECTION AND EMERGENCY MEDICAL SERVICES PROVIDED BY THE SAN

BERNARDINO COUNTY FIRE PROTECTION DISTRICT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AMENDMENT.

STAFF RECOMMENDATION:

It is recommended that the City Council approve the Fiscal Year 2024-2025 (FY24/25) Amendment 8 for City fire protection and emergency medical services provided by the San Bernardino County Fire Protection District and authorize the City Manager to execute the contract amendment.

BACKGROUND:

On June 13, 2018, the City Council adopted Resolution No. 18-12 approving a ten (10) year agreement with the San Bernardino County Fire Protection District (“SBCFPD”) to provide fire protection and emergency medical services (the “Services”) to the City. The first year cost to the City was $4,470,155.

Pursuant to Section 3 (B) of the agreement, the personnel, labor, and benefit costs shall be adjusted annually consistent with SBCFPD personnel MOUs (Memorandum of Understanding) and other personnel costs. The annual adjustment for all other non-personnel costs shall not exceed six (6) percent or fall below two (2) percent, while administrative costs related to the agreement are adjusted annually and cannot exceed six (6) percent.

FISCAL IMPACT:

For FY24/25, the SBCFPD is proposing a $194,623.00 increase. The total proposed annual cost for FY24/25 is $6,204,801, which will be included in the forthcoming budget.

ATTACHMENTS:

1. SBCFPD Contract Amendment No. 8
28 Standard Contract Page 1 of 2

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY San Bernardino County Fire
Protection District
Department Contract Representative Dan Munsey
Telephone Number 909-387-5779
Contractor City of Adelanto
Contractor Representative Jessie Flores
Telephone Number 760-947-1025
Contract Term July 1, 2018, to June 30, 2028
Original Contract Amount $4,470,155 (Annual Amount)
Amendment Amount $6,227,931 (Annual Amount)
Total Contract Amount
Cost Center
IT IS HEREBY AGREED AS FOLLOWS:

Pursuant to Section 3.B. of Agreement No. 18-397 (Agreement) between the City of Adelanto (CITY) and the San Bernardino County Fire Protection District (SBCFPD), CITY and SBCFPD agree to amend the Agreement as follows:

1. Section 3.A. is amended to read as follows:

3. Compensation
A. For services provided by SBCFPD to CITY on and after July 1, 2024, CITY shall pay SBCFPD the total lump sum of $6,227,931 annually, subject to future annual adjustments as described in Section 3.B. CITY shall pay SBCFPD on a monthly basis, in accordance with the payment schedule set below. A cost breakdown of the lump sum annual amount for SBCFPD Fiscal Year 2024-25 is shown in Exhibit “A”, attached hereto and incorporated herein by this reference.

Payments shall be due by the first (1st) day of each month of service pursuant to Health and Safety Code section 13878. Payments received after sixty (60) days of when due shall include 10% simple interest after the sixtieth (60th) day of when due. SBCFPD shall have the right to terminate this Agreement sooner than provided for in Section 20 if the CITY does not make timely payments of its obligations hereunder to SBCFPD.

Month of Service Payment Due Payment Amount
July 2024 July 1, 2024 $518,997
August 2024 August 1, 2024 $518,994
September 2024 September 1, 2024 $518,994
October 2024 October 1, 2024 $518,994
Contract Number
18-397 A-8
SAP Number
29

Page 2 of 2 ends

November 2024 November 1, 2024 $518,994
December 2024 December 1, 2024 $518,994
January 2025 January 1, 2025 $518,994
February 2025 February 1, 2025 $518,994
March 2025 March 1, 2025 $518,994
April 2025 April 1, 2025 $518,994
May 2025 May 1, 2025 $518,994
June 2025 June 1, 2025 $518,994
All other terms of Agreement No. 18-397 shall remain in full force and effect.

This Amendment No. 8 may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Amendment No. 8.

The parties shall be entitled to sign and transmit an electronic signature of this Amendment No. 8 (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Amendment No. 8 upon request.

This Amendment No. 8 shall take effect on the date it is signed by both parties.

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Scott Runyan, Principal Assistant County Counsel
Date Date Date
San Bernardino County Fire Protection District City of Adelanto (Print or type name of corporation, company, contractor, etc.) By
Dawn Rowe, Chair, Board of Directors (Authorized signature - sign in blue ink) Dated: Name
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIR OF THE BOARD Title
Lynna Monell, Secretary

(Print or Type)
By Dated:

Deputy
Address 11600 Air Expressway
Adelanto, CA 92301
30 Salaries and Benefits
Number of
Positions
Average Cost Per
Position Annual Cost
Suppression
Captain 6 317,618 1,905,707
Engineer 6 262,525 1,575,152
Firefighter Paramedic 6 192,168 1,153,007
Suppression Total 18 $ 4,633,866
Chargebacks for El Mirage Area (50,481)
Chief Officers
Assistant Chief 13.33% of (1) 0.13 421,511 56,201
Battalion Chief 13.33% of (3) 0.40 403,751 161,501
Chief Officers Total 0.53 $ 217,702
Overhead
Fire Admin Overhead 130,702
Division Admin Overhead 26,704
MIS Overhead 23,164
SCBA Overhead 2,992
Training Department 57,304
Training Tower 37,931
Vehicle Services Overhead 78,013
Overhead Total $ 356,808
Total Salaries and Benefits 18.53 $ 5,157,896
Operating Expenses
Services and Supplies 503,142
Station Expenses
C322 393,525
Total Services and Supplies and Station Expenses $ 896,667 Administrative Overhead Costs 98,032
$ 994,699
CPI-U Adjustment (Applied to Non S&B and Admin Overhead) 31,181 Total Annual Service Contract Requirements $ 6,183,776
Year 3: Separate 6/22/21 Amendment - 15 Yr Use of Fire Engine (Due annually by Aug 1st) 44,155 Total Contract Costs $ 6,227,931
City of Adelanto
FY 2024-25 Annual Cost
DRAFT
Total Operating Expenses
31 CITY COUNCIL

AGENDA REPORT
1 | P a g e
STAFF RECOMMENDATION:

Staff recommends that the City Council accept the monthly Business License Division report for the period ending May 31, 2024.

BACKGROUND:

The New Business Activity Listing exhibits all the new business licenses processed during the month.

Included in the report are new applicants and businesses that renewed their annual license with the City. Anyone doing business within the City must obtain a business license.

The Cash Receipt Listing exhibit lists all money received by the Business License Division for the issuance of a new business licenses, business license renewal, or a temporary business license.

FISCAL IMPACT:

A total of $5,504.00 processed during the month of May 2024.

ATTACHMENTS:

1. Monthly New Business Activity Listing for May 2024.

2. Monthly Cash Receipt List for May 2024.

DATE: June 3, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: HdL Companies / Via: Brenda Lopez, City Clerk
SUBJECT: BUSINESS LICENSE REPORT – MAY 2024
32 CITY COUNCIL

AGENDA REPORT
2 | P a g e
MAY SUMMARY:
36%
2% 8%
10%
25%
13% 3%
3%
Contractors (23) Home Business (1) General Retail (5) General Service (6) Rental Property (16) Manufacturing (8) Professional (2) Temporary (2) 0 25
50 75
100
125
150
Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec
2019 2020 2021 2022 2023 2024
Business License Accounts Processed by Rate Category
(Total Record Count = 63)
48%
52%
Based Outside the City = 30 Based Inside the City = 33

TOTAL NUMBER OF ACCOUNTS PROCESSED BUSINESS LICENSES ISSUED BY LOCATION 33 Monthly Business Activity Listing
Firm Name Firm Address Business Description Located Inside Adelanto License Type Issue Date Amount ACE HOME HEATING & AIR CONDITIONING LLC 5324 MISSION BLVD 3 Contractors (C21, C35, C36, C39, C51) No Reinstated 2024-05-16 $79.00 ADELANTO AIR EXPRESSWAY INC 12011 AIR EXPY Manufacturing Flat Fee Yes Renewal 2024-05-08 $104.00 ADELANTO GROUP LLC 9248 HOLLY RD Manufacturing Flat Fee Yes Renewal 2024-05-18 $104.00 ADELANTO RV PARK 11301 AIR EXPY Hotels,Motels & Other Rental Units Yes Renewal 2024-05-26 $160.00 ALL CITY MANAGEMENT SERVICES INC 10440 PIONEER BLVD STE 5 Misc Business No Renewal 2024-05-08 $54.00 AMERICAN HOME REMODELING INC 4375 PRADO RD #108 Contractors (C21, C35, C36, C39, C51) No Reinstated 2024-05-28 $79.00 ANDRES AND GURBAKHSH GARIBAY 18554 BELLFLOWER ST Hotels,Motels & Other Rental Units Yes Renewal 2024-05-08 $34.00 ANDY GUMP, INC. 26954 RUETHER AVE Contractors (Class A, B1, C20) No Renewal 2024-05-04 $104.00 ASURION APPLIANCE REPAIR, LLC 140 11TH AVE N Retail/Wholesale No Renewal 2024-05-02 $54.00 ATI RESTORATION, LLC 1175 HALL AVE Contractors (Class A, B1, C20) No Renewal 2024-05-13 $104.00 B & C APPLICANCE 12161 BARKER RD Misc Business No Renewal 2024-05-10 $50.00 BLOOMFIELD PRODUCTIONS, INC 17178 RACOON AVE Manufacturing Flat Fee Yes Renewal 2024-05-25 $104.00 BONG SOOK SHIN 14446 SIERRA GRANDE ST Hotels,Motels & Other Rental Units Yes Renewal 2024-05-02 $34.00 CALIFORNIA CONSTRUCTION & FIRE RESTORATION INC 158 W SAN JOSE AVE Contractors (Class A, B1, C20) No Reinstated 2024-05-13 $104.00 CALIFORNIA POOL MEN INC 26 STAGECOACH DR Contractors (All Other Class 'C') No New Application 2024-05-29 $54.00 CALIGOLD, LLC 17455 MUSKRAT AVE 11 Manufacturing Yes Renewal 2024-05-06 $79.00 CLASSIC LANDSCAPE, INC. 320 TROPICANA RANCH RD Contractors (All Other Class 'C') No Renewal 2024-05-18 $54.00 CLEMSON RENTAL 14469 CLEMSON CT Hotels,Motels & Other Rental Units Yes Renewal 2024-05-17 $34.00 CON AM MANAGEMENT CORPORATION 11250-11350 LEE AVE Hotels,Motels & Other Rental Units Yes Renewal 2024-05-14 $338.00 COVILLE ELECTRIC LLC 9324 ACACIA AVE Contractors (C4, C6, C8, C10, C12, C16, C42) No New Application 2024-05-31 $64.00 CSI ELECTRICAL CONTRACTORS 10623 FULTON WELLS AVE Contractors (C4, C6, C8, C10, C12, C16, C42) No Renewal 2024-05-19 $64.00 DESERT VIEW 10450 RANCHO RD Hosp/Conv Comm Care/Child Care Yes Renewal 2024-05-24 $204.00 DIVERSITECH CORP. INC. 9252 CASSIA Manufacturing Flat Fee Yes Renewal 2024-05-01 $104.00 E ROANE CONSTRUCTION 11631 VICTORY BL 104 Contractors (Class A, B1, C20) No Renewal 2024-05-03 $104.00 EUGENE FRICIONI 15156 IVY CT Hotels,Motels & Other Rental Units Yes Renewal 2024-05-07 $34.00 FAST LANE TRANSPORTATION, INC 17401 ADELANTO RD Misc Business Yes Renewal 2024-05-12 $54.00 FRIES GALORE 8475 COYOTE TRL Restaurant No Renewal 2024-05-15 $54.00 FRONTLINE ROOFING INC 31796 CASINO DR STE J Contractors (C21, C35, C36, C39, C51) No New Application 2024-05-12 $79.00 GENERAL ATOMICS AERONAUTICAL 9925 YUCCA RD Misc Business Yes Renewal 2024-05-17 $54.00 GRAVITY INVESTMENTS 16655 KOALA RD Manufacturing Flat Fee Yes Renewal 2024-05-23 $104.00 Process Summary:

New - Pending Approval: 13
Renewal Accounts: 45
Reinstated Accounts: 5 Attachment No. 1
Reporting Period: May 2024
Total Licenses Processed: 63
34 Monthly Business Activity Listing
Firm Name Firm Address Business Description Located Inside Adelanto License Type Issue Date Amount GUNJAN & ROOPESH MALIK 14393 JEREMIAH ST Hotels,Motels & Other Rental Units Yes Renewal 2024-05-04 $34.00 HAVASU CONCRETE 12550 POCONO RD Contractors (Class A, B1, C20) No New Application 2024-05-07 $104.00 HD ISLANDZ 17645 FRESNO ST Temporary BL No New Application 2024-05-18 $54.00 HIGGS INVESTMENTS, LLC 17733 TWISTER COR Hotels,Motels & Other Rental Units Yes Renewal 2024-05-14 $34.00 IDEAL CHILL, INC 9301 COMMERCE WAY Manufacturing Flat Fee Yes Renewal 2024-05-25 $104.00 ISSA ALHABASH 15824 MCVAY LN Hotels,Motels & Other Rental Units Yes Renewal 2024-05-02 $34.00 I'VE GOT A REASON CORPORATION 10682 THORNDALE ST Exempt License Yes New Application 2024-05-02 $95.00 JADE APARTMENTS 18132-38 POINCIANA RD Hotels,Motels & Other Rental Units Yes Renewal 2024-05-15 $46.00 JORGE VEGA 14145 PURPLE CANYON RD Hotels,Motels & Other Rental Units Yes Renewal 2024-05-02 $34.00 KEVIN SUTMAN ROOFING 10719 PEACH AVE Contractors (C21, C35, C36, C39, C51) No Reinstated 2024-05-13 $79.00 KEYSTONE AUTOMOTIVE INDUSTRIES 11200 ALDEN RD Retail/Wholesale Yes Renewal 2024-05-22 $104.00 KHN RENTALS 10423 CIMMERON TRAIL DR Hotels,Motels & Other Rental Units Yes Renewal 2024-05-29 $34.00 LIRA CONSTRUCTION GROUP 825 WINDWOOD DR Contractors (Class A, B1, C20) No New Application 2024-05-24 $104.00 LOPEZ 49ERS CONSTRUCTION 14569 NELSON AVE Contractors (Class A, B1, C20) No Reinstated 2024-05-14 $104.00 LOYAL9 LLC 14441 JEREMIAH ST Retail/Wholesale Yes Renewal 2024-05-21 $54.00 M.G.BATHTUB REPAIR 12653 FIELD WAY Misc Business No Renewal 2024-05-24 $54.00 OLMOS GUSTAVO 15605 MAVERICK DR Hotels,Motels & Other Rental Units Yes New Application 2024-05-21 $229.00 PSOMAS 5 HUTTON CENTRE DR #300 Professional Services (A) No Renewal 2024-05-26 $129.00 R D BUILDERS, INC 4583 E EISENHOWER CIR Contractors (Class A, B1, C20) No Renewal 2024-05-16 $104.00 RAMESH C JHAVERI RENTAL 11720 HIGHGROVE CT Hotels,Motels & Other Rental Units Yes Renewal 2024-05-02 $34.00 REBORN BATH SOLUTIONS 5515 E LA PALMA AVE STE 250 Contractors (Class A, B1, C20) No Renewal 2024-05-23 $104.00 ROOFIX TECHNOLOGIES LLC 4809 CENTURY DR Contractors (C21, C35, C36, C39, C51) No New Application 2024-05-13 $79.00 SOUTHLAND MIXER SERVICE, INC. 12231 HIBISCUS RD Auto Repair Yes Renewal 2024-05-13 $104.00 TAYLOR BROWN CONSTRUCTION 15218 SUMMIT AVE STE 300-121 Contractors (Class A, B1, C20) No New Application 2024-05-14 $104.00 TAYLOR'S CONSTRUCTION AND DESIGN LLC 10580 WAKEFIELD ST E Contractors (Class A, B1, C20) Yes New Application 2024-05-10 $407.00 TAZ RENTALS 14603 INDIAN PAINTBRUSH RD Hotels,Motels & Other Rental Units Yes Renewal 2024-05-02 $34.00 THE OFF ROAD COFFEE STOP 16237 MARICOPA LN Temporary BL No New Application 2024-05-04 $54.00 TIKUN OLAM ADELANTO, LLC 16605 KOALA RD Manufacturing Flat Fee Yes Renewal 2024-05-04 $104.00 TROY ROOFING INC 1066 E EDNA PL Contractors (C21, C35, C36, C39, C51) No New Application 2024-05-20 $79.00 UNDERGROUND CONSTRUCTION CO INC 5145 INDUSTRIAL WAY Contractors (Class A, B1, C20) No Renewal 2024-05-23 $104.00 Process Summary:

New - Pending Approval: 13
Renewal Accounts: 45
Reinstated Accounts: 5 Attachment No. 1
Reporting Period: May 2024
Total Licenses Processed: 63
35 Monthly Business Activity Listing
Firm Name Firm Address Business Description Located Inside Adelanto License Type Issue Date Amount V.C. EXHAUST CLEANING 19028 JOSHUA ST Home Occupation Yes Renewal 2024-05-25 $29.00 VERIZON WIRELESS 17235 RACCOON AVE Contractors (All Other Class 'C') No Renewal 2024-05-14 $54.00 VICTOR PROPERTIES 11306 CORTEZ AVE Hotels,Motels & Other Rental Units Yes Renewal 2024-05-06 $34.00 Process Summary:

New - Pending Approval: 13
Renewal Accounts: 45
Reinstated Accounts: 5 Attachment No. 1
Reporting Period: May 2024
Total Licenses Processed: 63
36 Totals for New Receipts
Summary by GL Account #
Paid to Client
Building Dept - Home Occupation Zoning Fees $95.00
Business License Tax - G/L #100-0000-43035 $308.00
SB-1186 Fees - City Portion $3.60
SB-1186 Fees - State Portion $0.40
Total: $407.00
Paid to HdL
Unknown $1.00
Building Dept - Commercial Zoning Fees $400.00
Building Dept - Home Occupation Zoning Fees $190.00
Business License Tax - G/L #100-0000-43035 $7,692.10
Penalties - G/L #100-0000-43035 $308.80
SB-1186 Fees - City Portion $363.60
SB-1186 Fees - State Portion $40.40
Total: $8,995.90
Summary by Payment Type
10 Check 674.63
7 Credit Balance -
73 Credit Card 6,237.33
15 eCheck 2,083.94
1 Paid at City 407.00
106 Grand Total: $9,402.90
Summary by Geo Area
106 9,402.90
106 Grand Total $9,402.90
City of Adelanto
Business License Division
Cash Receipts Summary
5/01/2024 to 5/31/2024
Attachment 2
37 38

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: June 12, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Brenda Lopez, City Clerk
STAFF RECOMMENDATION:

Staff recommends that the City Council Adopt Resolution 24-43 of the City of Adelanto, calling and giving notice of the holding of a General Municipal Election for certain officers. Requesting consolidation of such Election with the County of San Bernardino, adopting regulations for candidates for Elective Office for such Election regarding Candidate Statements, and providing for the determination of tie votes.

BACKGROUND:

The City of Adelanto generally consolidates its Elections with the County of San Bernardino. It is required under the provisions of the laws of the State of California that the City Council call and give notice of the holding of a General Municipal Election for certain officers and adopt regulations for Candidates. The upcoming General Municipal Election is scheduled for Tuesday, November 5, 2024 for the election of two (2) members of the City Council for the term of four (4) years.

As in previous years, standards for Council Candidate Statements will be as follows:
• Candidate Statements are limited to 200 words.
• If a candidate chooses to submit a candidate statement to be included in the Voter Information Guide, they are to submit payment at the time of filing their nomination packet. • If a candidate chooses to pay for a translated candidate statement to be included in the Voter Information Guide, they are to submit payment at the time of filing their nomination packet.

Once the Resolution is adopted by Council, the attached Resolution will be forwarded to the San Bernardino County Election Department (“County Election Department”) for formal approval.

SUBJECT: ADOPTION OF RESOLUTION 24-43 CALLING AND GIVING NOTICE OF THE HOLDING

OF A GENERAL MUNICIPAL ELECTION FOR CERTAIN OFFICERS, REQUESTING

CONSOLIDATION OF SUCH ELECTION WITH THE COUNTY OF SAN BERNARDINO,

ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE FOR SUCH

ELECTION REGARDING CANDIDATE STATEMENTS AND PROVIDING FOR THE

DETERMINATION OF TIE VOTES
39 Honorable Mayor and City Council Members
June 12, 2024

Page 2 ends

CONCLUSION:

By adopting the aforementioned Resolutions, the City Council will be calling for the General Municipal Election for two (2) members of the City Council for the term of four (4) years, on Tuesday, November 5, 2024, requesting the consolidation of the election with the County Election Department and setting Candidate Statement regulations for candidates.

FISCAL IMPACT:

Staff estimates that the costs for consolidation services with the County Election Department will be in the range of TBD. The County Election Department typically sends the invoice following certification of votes in December.

ATTACHMENTS:

1. Resolution No. 24-43
40 1
RESOLUTION NO. 24-43

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ADELANTO, CALIFORNIA, (1) CALLING AND GIVING NOTICE OF A

GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 5, 2024, FOR THE ELECTION OF CERTAIN OFFICERS; (2)

REQUESTING CONSOLIDATION OF SUCH ELECTION WITH THE

COUNTY OF SAN BERNARDINO WITH ANY AND ALL ELECTIONS
HELD ON SUCH DATE; (3) REQUESTING THE COUNTY OF SAN

BERNARDINO TO PROVIDE SPECIFIC ELECTION ADMINISTRATION
SERVICES FOR SUCH ELECTION; (4) ADOPTING REGULATIONS FOR

CANDIDATES FOR ELECTIVE OFFICE FOR SUCH ELECTION
REGARDING CANDIDATE STATEMENTS; AND (5) PROVIDING FOR

THE DETERMINATION OF TIE VOTES BY LOT UNLESS THE CITY

COUNCIL ADOPTS THE PROVISIONS OF ELECTIONS CODE
SECTION 15651(b) PRIOR TO THE CONDUCT OF THE ELECTION

RESULTING IN THE TIE VOTE
WHEREAS, under the provisions of the laws relating to Charter Law Cities in the State of California, a General Municipal Election shall be held on Tuesday, November 5, 2024, for the election of two (2) members of the City Council for the term of four (4) years; WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that, within the City, the precincts, polling places and election officers of the two elections be the same, and that the election be held in all respects as if there were only one election;
WHEREAS, the City Council wishes for the San Bernardino County Election Department (“County Election Department”) to canvass the returns of the General Municipal Election; WHEREAS, the City seeks the provision of election services from the County of San Bernardino (“County”) relating to the conduct of the City’s November 5, 2024 General Municipal Election;
WHEREAS, the City Council approves the printing of the General Municipal Election information for the election to be held on Tuesday, November 5, 2024, in the foreign languages requiring translation pursuant to the Voting Rights Act of 1965; WHEREAS, Elections Code section 13307 provides that the City may adopt regulations pertaining to the recovery of certain costs associated with the printing, handling, translation, and mailing of candidate statements as filed with the election’s officers; WHEREAS, the City shall compensate the County for all necessary expenses incurred by the County in performing election services for the City; and 41 2
WHEREAS, tie votes shall be determined by lot pursuant to Elections Code section 15651(a), unless the City Council adopts the provisions of Elections Code section 15651(b) prior to the conduct of the election resulting in the tie vote.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ADELANTO,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to the requirements of the laws relating to Charter Law Cities in the State of California, the City Council hereby calls and orders a General Municipal Election on Tuesday, November 5, 2024, to be held in the City of Adelanto for the purpose of electing two (2) members of the City Council for the term of four (4) years.

SECTION 2. Pursuant to the requirements of Elections Code section 10403, it is respectfully requested that the Board of Supervisors of the County of San Bernardino consent and agree to the consolidation of the City’s General Municipal Election on Tuesday, November 5, 2024, with the County-administered election of the same date.

SECTION 3. In connection with the County Election Department’s administration of the City’s November 5, 2024 General Municipal Election, the City further requests that the County Election Department be authorized and directed to: (a) review and verify absentee voter applications and signatures; (b) conduct registered voter verifications (including signature verifications) associated with the processing of any proposed General Municipal Election ballot measure; (c) provide the City of Adelanto with the appropriate election precinct data, to the extent required; (d) make available to the City of Adelanto such election facilities, ballot casting equipment and assistance as may be necessary to conduct the election in compliance with state law and the Board of Supervisor’s approval; (e) canvass the election returns; (f) print and supply ballots for the election; (g) mail the City of Adelanto’s sample ballots, including ballot measure question, arguments, rebuttals, and impartial analysis; and (h) administer the City of Adelanto’s General Municipal Election in all respects as if it were part and parcel of any other County Election Department’s administered election, implementing all such legally required or customarily employed measures and practices as may be necessary to conduct the election in a timely and legally compliant manner.

SECTION 4. The City of Adelanto shall reimburse the County Election Department for any costs associated with the administration of the City’s November 5, 2024 General Municipal Election upon presentation to the City of a properly approved invoice.

SECTION 5. The City hereby consents to have its General Municipal Election on Tuesday, November 5, 2024 consolidated with any and all elections conducted on such date within the County of San Bernardino.

SECTION 6. That the ballots to be used at the election shall be in form and content as required by law or as directed by the County Election Department to facilitate the consolidation of the City’s November 5, 2024 General Municipal Election with the County-administered election of the same date.
42 3
SECTION 7. That the Adelanto City Clerk is authorized, instructed and directed to coordinate with the County Clerk to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the City’s Election.

SECTION 8. That the vote centers for the City’s Election shall be open as required during the identified voting period pursuant to California Elections Code section 4007 and 14401.

SECTION 9. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.

SECTION 10. Pursuant to section 13307 of the Elections Code, each candidate for elective office to be voted for at the City’s November 5, 2024 General Municipal Election may prepare a candidate statement on a form acceptable to the County Election Department and made available through the City Clerk.

SECTION 11. Pursuant to section 13307(a)(1) of the Elections Code, candidate statement may include the following:
(A) The name, age, and occupation of the candidate; and, (B) A brief description of no more than 200 words of the candidate’s education and qualifications as expressed by the candidate himself or herself.

SECTION 12. Pursuant to Elections Code section 13307(a)(1), candidate statements shall not include the following:
(A) The party affiliation of the candidate; or
(B) References to membership or activity in partisan political organizations.

SECTION 13. All prospective candidates should be aware of the holding in Dean v.

Superior Court (1998) 62 Cal.App.4th 638, which holds that a statement prepared by a candidate for inclusion in the voters’ pamphlet may not include comments or statements concerning the qualifications (or alleged lack of qualifications) of one’s opponents. Candidates, in an abundance of caution, should avoid making any reference to opponents in their candidate statements.

Candidates should seek the advice of private legal counsel if unsure as to whether their candidate statement does or does not comply with applicable law before filing.

SECTION 14. The candidate statement shall be filed in typewritten form at the Office of the City Clerk at the time the candidate’s nomination papers are filed. The candidate statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.

SECTION 15. Subject to any logistical constraints imposed by the County Election Department by virtue of consolidation, the City Clerk shall have translated (from English to 43 4
relevant foreign languages authorized under the Voting Rights Act of 1965) and printed in the voters’ pamphlet only the candidate statement of those candidates who request such translation and printing at the time of filing of the candidate statement.

SECTION 16. No candidate for any elected office of the City shall be permitted to include additional materials in the voters’ pamphlet and sample ballot package.

SECTION 17. Pursuant to Adelanto Municipal Code Section 1.15.020, a filing fee shall not exceed twenty-five dollars ($25) and is to be paid by the candidate concurrent with the filing of a candidate’s nomination papers.

SECTION 18. Each candidate for any of the offices to be elected at the General Municipal Election to be conducted on November 5, 2024, who files a candidate statement shall, as a condition of having his or her candidate statement included in the voters’ pamphlet, concurrently deposit with the City Clerk an amount, as reasonably estimated by the City Clerk, to pay in advance his or her estimated pro rata share of the actual costs of printing and handling such candidate statements incurred by the City of Adelanto and/or the County Election Department as a result of providing such service at the time of filing such statement with the City Clerk. In the event that the amount paid as a deposit by a candidate includes overpayment of actual costs incurred by the City of Adelanto and/or the County Election Department, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within thirty (30) days following the date of the election.

SECTION 19. The City Clerk shall provide each candidate or candidate’s representative a copy of this Resolution at the time nominating petitions are issued.

SECTION 20. The City Council has determined that the action to be taken in the event of a tie vote is as follows: by lot pursuant to Elections Code section 15651(a), unless the City Council adopts the provisions of Elections Code section 15651(b) prior to the conduct of the election resulting in the tie vote.

SECTION 21. That in all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 22. That notice of the time and place of holding the City’s November 5, 2024 General Municipal Election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the City’s Election, in time, form and manner as required by law.

SECTION 23. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

SECTION 24. That the City Clerk is hereby directed to file a certified copy of this Resolution with the San Bernardino County Board of Supervisors and the County Election Department of the County of San Bernardino.
44 5
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Adelanto this 12th day of June, 2024.
____________________________
Gabriel Reyes, Mayor
____________________________
Brenda Lopez, City Clerk, CMC
45 6
I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Resolution No. 24-43 was duly and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this 12th day of June, 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS THEREOF, I hereunto set my hand affix the official seal of the City of Adelanto, on the 12th day of June 2024.
___________________________
Brenda Lopez, City Clerk, CMC
46 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: June 12, 2024
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Todd Litfin, City Attorney
STAFF RECOMMENDATION: Staff recommends approval of the following:

1. Deed from City to Silver Peak of property where lift station is not located:

2. Deed an access easement from Silver Peak to APUA where lift station is located;

3. Approval of Amendment to certificate of compliance to say everything is ok under Subdivision Map Act;

4. Authorize City Manager/ Executive Director Jessie Flores to sign documents and Certificate of Acceptance for APUA for property;

5. Silver Peak Access and Utility Easement Agreement to APUA.

BACKGROUND:

This Matter pertains to the Silver Peak/AES solar project. As part of the process to approve the solar farm, the property owner was to Deed some property to the City for a sewer lift station. Sadly, there were two mistakes. First, in the legal documents used an incorrect legal description that said the pump station was in a different location than it actually was. Second, because it is a sewer lift station the property should have gone to the Adelanto Public utility Authority (APUA) instead of the City. Approval of this item fixes both problems.

FISCAL IMPACT:

None
ATTACHMENTS:
• AES Quitclaim Deed and Termination of Easement
• Amendment to Certificate of Compliance
• Amendment to Certificate of Compliance
• Quitclaim Deed
• Access and Utility Easement.

SUBJECT: APPROVAL OF VARIOUS ITEMS CLEAN-UP REGARDING SILVER PEAK/AES SOLAR

PROJECT
47 Quitclaim Deed – Silver Peak Land Borrower to Adelanto Public Utility Authority 31937087_v2

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

Adelanto Public Utility Authority
11600 Air Expressway
Adelanto, California 92301
APN: 0459-361-67 (Space above this line for Recorder’s use only) THE UNDERSIGNED GRANTOR(s) DECLARE(s)
DOCUMENTARY TRANSFER TAX is $0 R&T 11922 CITY TAX $0
 computed on full value of property conveyed, or  computed on full value less value of liens or encumbrances remaining at time of sale,
 Unincorporated area: ☒ City of Adelanto

QUITCLAIM DEED
FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, effective as of this ______ day of ____________________, 2024, SILVER PEAK ENERGY LAND BORROWER, LLC, a Delaware limited liability company, as grantor (“Grantor”), does hereby remise, release, and forever quitclaim unto ADELANTO PUBLIC UTILITY AUTHORITY, whose address is 11600 Air Expressway, Adelanto, California 92301, all of Grantor’s right, title and interest, in and to that certain real property located in the County of San Bernardino, State of California described on Exhibit “A” attached hereto and depicted on Exhibit “B” attached hereto (the “Real Property”). [SIGNATURE PAGE FOLLOWS]
48 Quitclaim Deed – Silver Peak Land Borrower to Adelanto Public Utility Authority 31937087_v2
Signature Page to Quitclaim Deed

GRANTOR

SILVER PEAK ENERGY LAND BORROWER,
LLC, a Delaware limited liability company
By: ____________________________________
Sean McBride, General Counsel and Secretary

ACKNOWLEDGMENT

STATE OF UTAH )
)§

COUNTY OF SALT LAKE )
The foregoing instrument was acknowledged before me this ____ day of ___________________, 2024, by Sean McBride, as General Counsel and Secretary of Silver Peak Energy Land Borrower, LLC, a Delaware limited liability company.
__________________________________
Notary Public
Residing at:______________________
My commission expires:
_______________________
49 31937087_v2
Exhibit “A”
50 31937087_v2
Exhibit “B”
51 31950538_v1
Recording Requested By:

City of Adelanto
Public Works Department
Engineering Division
And when recorded mail to:

City of Adelanto
Attn: City Clerk
11600 Air Expressway
Adelanto, CA 92301

PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION

OF THE CITY OF ADELANTO

COUNTY OF SAN BERNARDINO

STATE OF CALIFORNIA

AMENDMENT TO CERTIFICATE OF COMPLIANCE
NO 12-01
PROPERTY OWNER(S): SILVER PEAK ENERGY LAND BORROWER, LLC, a Delaware limited liability company
This Amendment to Certificate of Compliance deletes Exhibit A of the Certificate of Compliance NO 12-01, dated June 4, 2012 and recorded on August 31, 2012 as Document No. 2012- 0357020, in its entirety and replaces it with Exhibit A attached hereto.

ASSESSOR’S PARCEL NUMBER(S): 0459-361-67 and 0459-361-68 NUMBER OF AFFECTED PARCELS: 1
LEGAL DESCRIPTION:

SEE EXHIBIT “A”
By:________________________ Date:_____________, 2024
Kavouse Emami, City Engineer
RCE No.: _________ Exp. _________
52 31950538_v1
Exhibit “A”
53 31937084_v3
Recording Requested By:

City of Adelanto
Public Works Department
Engineering Division
And when recorded mail to:

City of Adelanto
Attn: City Clerk
11600 Air Expressway
Adelanto, CA 92301

PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION

OF THE CITY OF ADELANTO

COUNTY OF SAN BERNARDINO

STATE OF CALIFORNIA

AMENDMENT TO CERTIFICATE OF COMPLIANCE
NO 12-03
PROPERTY OWNER(S): SILVER PEAK ENERGY LAND BORROWER, LLC, a Delaware limited liability company
This Amendment to Certificate of Compliance deletes Exhibit A of the Certificate of Compliance NO 12-03, dated August 7, 2012 and recorded on August 21, 2012 as Document No. 2012- 0338586, in its entirety and replaces it with Exhibit A attached hereto.

ASSESSOR’S PARCEL NUMBER(S): 0459-361-67 and 0459-361-68 NUMBER OF AFFECTED PARCELS: 1
LEGAL DESCRIPTION:

SEE EXHIBIT “A”
By:________________________ Date:_____________, 2024
Kavouse Emami, City Engineer
RCE No.: _________ Exp. _________
54 31937084_v3
Exhibit “A”
55 Quitclaim Deed and Termination of Easement – City of Adelanto to Silver Peak Energy Land Borrower 31937085_v2

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

Silver Peak Energy Land Borrower, LLC
c/o AES Clean Energy
2180 South 1300 East, Suite 500
Salt Lake City, Utah 84106
Attn: Real Estate Manager
APN: 0459-361-68 (portion) (Space above this line for Recorder’s use only) THE UNDERSIGNED GRANTOR(s) DECLARE(s)
DOCUMENTARY TRANSFER TAX is $ __________ CITY TAX $ ______________  computed on full value of property conveyed, or  computed on full value less value of liens or encumbrances remaining at time of sale,
 Unincorporated area: ☒ City of Adelanto

QUITCLAIM DEED AND TERMINATION OF EASEMENT
FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, effective as of this ______ day of ____________________, 2024, the CITY OF ADELANTO, a municipal corporation of the State of California (“Grantor”), does hereby remise, release, and forever quitclaim unto SILVER PEAK ENERGY LAND BORROWER, LLC, a Delaware limited liability company, whose address is 2180 South 1300 East, Suite 500, Salt Lake City, Utah 84106, all of Grantor’s right, title and interest, in and to that certain real property located in the County of San Bernardino, State of California described on Exhibit “A-1” attached hereto and depicted on Exhibit “B-1” attached hereto (the “Real Property”), and all of Grantor’s right, title and interest, in and to that certain real property located in the County of San Bernardino, State of California described on Exhibit “A-2” attached hereto and depicted on Exhibit “B-2” attached hereto (the “Easement Area”) under that certain Grant of Easement recorded on August 31, 2012 in the official records of the County of San Bernardino, State of California, as Document No. 2012-0357022 (the “Easement"), which Easement is hereby terminated.
[SIGNATURE PAGE FOLLOWS]
56 Quitclaim Deed and Termination of Easement – City of Adelanto to Silver Peak Energy Land Borrower 31937085_v2
Signature Page to Quitclaim Deed and Termination of Easement

GRANTOR

CITY OF ADELANTO,
a municipal corporation of the State of California
By: ____________________________________
Name:__________________________________
Its:_____________________________________

ACKNOWLEDGMENT
State of California )
County of )
On _____________ ___, 2024, before me, __________________________, personally appeared, __________________________________, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature ______________________________ (Seal)
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.
57 31937085_v2
58 31937085_v2
59 31937085_v2
60 31937085_v2
61 Access and Utility Easement – Silver Peak Land Borrower to Adelanto Public Utility Authority 31937086_v3

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

Adelanto Public Utility Authority
11600 Air Expressway
Adelanto, California 92301
APN: 0459-361-68 (portion) (Space above this line for Recorder’s use only) THE UNDERSIGNED GRANTOR(s) DECLARE(s)
DOCUMENTARY TRANSFER TAX is $0* R&T 11911 CITY TAX $0
 computed on full value of property conveyed, or  computed on full value less value of liens or encumbrances remaining at time of sale,
 Unincorporated area: ☒ City of Adelanto
*This is a conveyance of an easement and the consideration and value is less than $100.00

ACCESS AND UTILITY EASEMENT AGREEMENT
This ACCESS AND UTILITY EASEMENT AGREEMENT (“Easement Agreement”) is made and entered into as of ______________, 2024 (“Effective Date”), by and between SILVER PEAK ENERGY LAND BORROWER, LLC, a Delaware limited liability company, as grantor (“Grantor”), and ADELANTO PUBLIC UTILITY AUTHORITY, whose address is 11600 Air Expressway, Adelanto, California 92301, as grantee (together with its successors, assigns, and transferees, “Grantee”). Grantor and Grantee may each individually be referred to herein as a “Party,” and collectively as the “Parties.”

RECITALS
A. Grantor is the fee owner of certain real property located in San Bernardino County, State of California, as described on attached Exhibit A (the “Grantor Property”).

B. In connection with Grantee’s ownership and operation of a wastewater lift station, Grantee desires to receive, and Grantor is willing to grant, certain non-exclusive access and utility easements on, over, under, and across that portion of the Grantor Property described and depicted on attached Exhibit B and Exhibit C (the “Easement Area”), subject to the terms and conditions set forth below.

AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

1. Grant of Access and Utility Easements. Grantor hereby grants and conveys to Grantee perpetual, non-exclusive easements in gross on, over, under, across and through the Easement Area for purposes of vehicular and pedestrian access, and construction, installation, replacement, removal and use of street and highways improvements, sewers, drainage, and public utilities systems.
62 Access and Utility Easement – Silver Peak Land Borrower to Adelanto Public Utility Authority 31937086_v3

2. Use and Location of Easement Area.

2.1. Non-Exclusive Use; Limitations. Grantee shall have the non-exclusive right and easement to use the Easement Area for the purposes set forth in Section 1 hereof.

This Easement Agreement is not intended to limit Grantor’s continued use of the Grantor Property; provided however, that Grantor shall not create any hazard, place or store any flammable materials, or light any fires on, within or adjacent to the Easement Area.

Grantee shall have the right, from time to time, to trim or to cut down any and all trees and brush, and to remove any buildings, structures, equipment, and other obstructions of any kind, now or hereafter within said Easement Area, and shall have the further right, from time to time, to trim and cut down trees and brush along each side of said Easement Area which now or hereafter in the opinion of Grantee may interfere with Grantee’s rights under this Easement Agreement. Grantor may, without the consent of Grantee, make improvements to the Property so long as such improvements do not restrict or impede Grantee’s access to, operation of, or maintenance of the Easement Area, or which otherwise negatively impact Grantee’s rights hereunder.

2.2. No Interference / Use Agreement. Use of the Easement Area is nonexclusive, and Grantee expressly acknowledges that Grantor has previously, is concurrently, or may otherwise grant rights in and to the Easement Area. Notwithstanding anything to the contrary in this Easement Agreement, Grantor covenants that in the exercise of its rights hereunder or with Grantor’s use of the Grantor Property, Grantor shall not conduct any activity, nor grant any rights to a third party that would unreasonably interfere with the rights granted to Grantee hereunder and in and to the Easement Area.

3. Limitation on Liability. NOTWITHSTANDING ANYTHING TO THE

CONTRARY IN THIS EASEMENT AGREEMENT, NO PARTY SHALL BE ENTITLED TO,

AND EACH PARTY HEREBY WAIVES, ANY AND ALL RIGHTS TO RECOVER,

CONSEQUENTIAL, INCIDENTAL, AND PUNITIVE OR EXEMPLARY DAMAGES,

HOWEVER ARISING, WHETHER IN CONTRACT, IN TORT, OR OTHERWISE, UNDER OR

WITH RESPECT TO THIS EASEMENT AGREEMENT OR ANY ACTION TAKEN IN CONNECTION WITH THIS EASEMENT AGREEMENT.

4. Notices. All notices or other communications required or permitted under this Easement Agreement shall, unless otherwise provided herein, be in writing, and shall be personally delivered, delivered by reputable overnight courier, or sent by registered or certified mail, return receipt requested and postage prepaid, addressed as follows:

If to Grantor: If to Grantee:

Silver Peak Energy Land Borrower, LLC
c/o AES Clean Energy
2180 South 1300 East, Suite 500
Salt Lake City, Utah 84106
Attention: Land Manager
Adelanto Public Utility Authority
11600 Air Expressway
Adelanto, California 92301
Notices personally delivered shall be deemed given the day so delivered. Notices given by 63 Access and Utility Easement – Silver Peak Land Borrower to Adelanto Public Utility Authority 31937086_v3
overnight courier shall be deemed given on the first business day following the mailing date.

Notices mailed as provided herein shall be deemed given on the third business day following the mailing date. Any Party may change its address for purposes of this Section by giving written notice of such change to the other Parties in the manner provided in this Section.

5. Miscellaneous.

5.1. Entire Agreement; Incorporation of Recitals and Exhibits. This Easement Agreement constitutes the entire agreement between the Parties respecting the subject matter hereof. The Recitals set forth above, and all exhibits attached hereto, are hereby incorporated and made a part of this Easement Agreement as though fully set forth herein.

5.2. Governing Law; Recordation. The construction and performance of this Easement Agreement shall be governed by the laws of the State of California without regard to its principles of conflicts of law. This Easement Agreement shall be recorded in the official records of San Bernardino County, California (the “Official Records”).

5.3. No Partnership. Nothing contained in this Easement Agreement is intended to create, nor shall anything contained in this Easement Agreement be deemed or construed to create, the relationship of principal and agent, partnership, joint venture or any other association between the Parties.

5.4. Waiver. A waiver of a breach of any of the provisions of this Easement Agreement shall not be deemed to be a waiver of any succeeding breach of the same or any other provision of this Easement Agreement.

5.5. Severability. If any one or more of the provisions contained in this Easement Agreement should be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the Parties hereto shall enter into good faith negotiations to replace the invalid, illegal or unenforceable provision.

5.6. Amendment. This Easement Agreement shall be modified or amended only by a written instrument signed and notarized by Grantor and Grantee and recorded in the Official Records.

5.7. Interpretation. Any reference herein to the singular, as appropriate, shall include the plural and any reference herein to the plural, as appropriate, shall include the singular. References to Grantor herein shall, as appropriate, include any other parties holding any title, interest or right in the Grantor Property and any and all successors, assigns, and transferees of the same. References to Grantee herein shall include any and all successors, assigns, and transferees of Grantee.

5.8. Headings. The headings of the paragraphs of this Easement Agreement are for convenience purposes only and do not constitute and are not a part of this Easement Agreement and shall have no effect upon the construction or interpretation of any part of this Easement Agreement.
64 Access and Utility Easement – Silver Peak Land Borrower to Adelanto Public Utility Authority 31937086_v3

5.9. Counterparts. This Easement Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

5.10. Attorneys’ Fees. In the event of any litigation concerning enforcement or interpretation of this Easement Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys’ fees and costs from the other Party or parties to such litigation, in addition to any other relief awarded.
[SIGNATURE PAGES FOLLOW]
65 Access and Utility Easement – Silver Peak Land Borrower to Adelanto Public Utility Authority 31937086_v3
IN WITNESS WHEREOF, the Parties have entered into this Easement Agreement as of the Effective Date.

GRANTOR

SILVER PEAK ENERGY LAND BORROWER,
LLC, a Delaware limited liability company
By: ____________________________________
Sean McBride, General Counsel and Secretary

ACKNOWLEDGMENT

STATE OF UTAH )
)§

COUNTY OF SALT LAKE )
The foregoing instrument was acknowledged before me this ____ day of ___________________, 2024, by Sean McBride, as General Counsel and Secretary of Silver Peak Energy Land Borrower, LLC, a Delaware limited liability company.
__________________________________
Notary Public
Residing at:______________________
My Commission Expires:
______________________
66 Access and Utility Easement – Silver Peak Land Borrower to Adelanto Public Utility Authority 31937086_v3

GRANTEE
Adelanto Public Utility Authority
By: ____________________________________
Name:__________________________________
Its:_____________________________________

ACKNOWLEDGMENT
State of California )
County of )
On _____________ ___, 2024, before me, __________________________, personally appeared, __________________________________, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature ______________________________ (Seal)
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.
67 31937086_v3
Exhibit “A”
68 31937086_v3
Exhibit “B”
69 31937086_v3
Exhibit “C”
70 ADELANTO PUBLIC UTILITY AUTHORITY
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: June 12, 2024
TO: Honorable Chairman, and Public Utility Authority Members FROM: Jessie Flores, Executive Director
BY: Todd Litfin, City attorney
SUBJECT: APPROVAL OF VARIOUS CLEAN-UP ITEMS REGARDING SILVER PEAK/AES SOLAR

PROJECT
STAFF RECOMMENDATION: Staff recommends approval of the following:

1. Deed from City to Silver Peak of property where lift station is not located:

2. Deed an access easement from Silver Peak to APUA where lift station is located;

3. Approval of Amendment to certificate of compliance to say everything is ok under Subdivision Map Act;

4. Authorize City Manager/ Executive Director Jessie Flores to sign documents and Certificate of Acceptance for APUA for property;

5. Silver Peak Access and Utility Easement Agreement to APUA.

BACKGROUND:

This Matter pertains to the Silver Peak/AES solar project. As part of the process to approve the solar farm, the property owner was to Deed some property to the City for a sewer lift station. Sadly, there were two mistakes. First, in the legal documents used an incorrect legal description that said the pump station was in a different location than it actually was. Second, because it is a sewer lift station the property should have gone to the Adelanto Public utility Authority (APUA) instead of the City. Approval of this item fixes both problems.

FISCAL IMPACT:

None
ATTACHMENTS:
• AES Quitclaim Deed and Termination of Easement
• Amendment to Certificate of Compliance
• Quitclaim Deed
• Access and Utility Easement.
71 Access and Utility Easement – Silver Peak Land Borrower to Adelanto Public Utility Authority 31937086_v3

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

Adelanto Public Utility Authority
11600 Air Expressway
Adelanto, California 92301
APN: 0459-361-68 (portion) (Space above this line for Recorder’s use only) THE UNDERSIGNED GRANTOR(s) DECLARE(s)
DOCUMENTARY TRANSFER TAX is $0* R&T 11911 CITY TAX $0
 computed on full value of property conveyed, or  computed on full value less value of liens or encumbrances remaining at time of sale,
 Unincorporated area: ☒ City of Adelanto
*This is a conveyance of an easement and the consideration and value is less than $100.00

ACCESS AND UTILITY EASEMENT AGREEMENT
This ACCESS AND UTILITY EASEMENT AGREEMENT (“Easement Agreement”) is made and entered into as of ______________, 2024 (“Effective Date”), by and between SILVER PEAK ENERGY LAND BORROWER, LLC, a Delaware limited liability company, as grantor (“Grantor”), and ADELANTO PUBLIC UTILITY AUTHORITY, whose address is 11600 Air Expressway, Adelanto, California 92301, as grantee (together with its successors, assigns, and transferees, “Grantee”). Grantor and Grantee may each individually be referred to herein as a “Party,” and collectively as the “Parties.”

RECITALS
A. Grantor is the fee owner of certain real property located in San Bernardino County, State of California, as described on attached Exhibit A (the “Grantor Property”).

B. In connection with Grantee’s ownership and operation of a wastewater lift station, Grantee desires to receive, and Grantor is willing to grant, certain non-exclusive access and utility easements on, over, under, and across that portion of the Grantor Property described and depicted on attached Exhibit B and Exhibit C (the “Easement Area”), subject to the terms and conditions set forth below.

AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

1. Grant of Access and Utility Easements. Grantor hereby grants and conveys to Grantee perpetual, non-exclusive easements in gross on, over, under, across and through the Easement Area for purposes of vehicular and pedestrian access, and construction, installation, replacement, removal and use of street and highways improvements, sewers, drainage, and public utilities systems.
72 Access and Utility Easement – Silver Peak Land Borrower to Adelanto Public Utility Authority 31937086_v3

2. Use and Location of Easement Area.

2.1. Non-Exclusive Use; Limitations. Grantee shall have the non-exclusive right and easement to use the Easement Area for the purposes set forth in Section 1 hereof.

This Easement Agreement is not intended to limit Grantor’s continued use of the Grantor Property; provided however, that Grantor shall not create any hazard, place or store any flammable materials, or light any fires on, within or adjacent to the Easement Area.

Grantee shall have the right, from time to time, to trim or to cut down any and all trees and brush, and to remove any buildings, structures, equipment, and other obstructions of any kind, now or hereafter within said Easement Area, and shall have the further right, from time to time, to trim and cut down trees and brush along each side of said Easement Area which now or hereafter in the opinion of Grantee may interfere with Grantee’s rights under this Easement Agreement. Grantor may, without the consent of Grantee, make improvements to the Property so long as such improvements do not restrict or impede Grantee’s access to, operation of, or maintenance of the Easement Area, or which otherwise negatively impact Grantee’s rights hereunder.

2.2. No Interference / Use Agreement. Use of the Easement Area is nonexclusive, and Grantee expressly acknowledges that Grantor has previously, is concurrently, or may otherwise grant rights in and to the Easement Area. Notwithstanding anything to the contrary in this Easement Agreement, Grantor covenants that in the exercise of its rights hereunder or with Grantor’s use of the Grantor Property, Grantor shall not conduct any activity, nor grant any rights to a third party that would unreasonably interfere with the rights granted to Grantee hereunder and in and to the Easement Area.

3. Limitation on Liability. NOTWITHSTANDING ANYTHING TO THE

CONTRARY IN THIS EASEMENT AGREEMENT, NO PARTY SHALL BE ENTITLED TO,

AND EACH PARTY HEREBY WAIVES, ANY AND ALL RIGHTS TO RECOVER,

CONSEQUENTIAL, INCIDENTAL, AND PUNITIVE OR EXEMPLARY DAMAGES,

HOWEVER ARISING, WHETHER IN CONTRACT, IN TORT, OR OTHERWISE, UNDER OR

WITH RESPECT TO THIS EASEMENT AGREEMENT OR ANY ACTION TAKEN IN CONNECTION WITH THIS EASEMENT AGREEMENT.

4. Notices. All notices or other communications required or permitted under this Easement Agreement shall, unless otherwise provided herein, be in writing, and shall be personally delivered, delivered by reputable overnight courier, or sent by registered or certified mail, return receipt requested and postage prepaid, addressed as follows:

If to Grantor: If to Grantee:

Silver Peak Energy Land Borrower, LLC
c/o AES Clean Energy
2180 South 1300 East, Suite 500
Salt Lake City, Utah 84106
Attention: Land Manager
Adelanto Public Utility Authority
11600 Air Expressway
Adelanto, California 92301
Notices personally delivered shall be deemed given the day so delivered. Notices given by 73 Access and Utility Easement – Silver Peak Land Borrower to Adelanto Public Utility Authority 31937086_v3
overnight courier shall be deemed given on the first business day following the mailing date.

Notices mailed as provided herein shall be deemed given on the third business day following the mailing date. Any Party may change its address for purposes of this Section by giving written notice of such change to the other Parties in the manner provided in this Section.

5. Miscellaneous.

5.1. Entire Agreement; Incorporation of Recitals and Exhibits. This Easement Agreement constitutes the entire agreement between the Parties respecting the subject matter hereof. The Recitals set forth above, and all exhibits attached hereto, are hereby incorporated and made a part of this Easement Agreement as though fully set forth herein.

5.2. Governing Law; Recordation. The construction and performance of this Easement Agreement shall be governed by the laws of the State of California without regard to its principles of conflicts of law. This Easement Agreement shall be recorded in the official records of San Bernardino County, California (the “Official Records”).

5.3. No Partnership. Nothing contained in this Easement Agreement is intended to create, nor shall anything contained in this Easement Agreement be deemed or construed to create, the relationship of principal and agent, partnership, joint venture or any other association between the Parties.

5.4. Waiver. A waiver of a breach of any of the provisions of this Easement Agreement shall not be deemed to be a waiver of any succeeding breach of the same or any other provision of this Easement Agreement.

5.5. Severability. If any one or more of the provisions contained in this Easement Agreement should be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the Parties hereto shall enter into good faith negotiations to replace the invalid, illegal or unenforceable provision.

5.6. Amendment. This Easement Agreement shall be modified or amended only by a written instrument signed and notarized by Grantor and Grantee and recorded in the Official Records.

5.7. Interpretation. Any reference herein to the singular, as appropriate, shall include the plural and any reference herein to the plural, as appropriate, shall include the singular. References to Grantor herein shall, as appropriate, include any other parties holding any title, interest or right in the Grantor Property and any and all successors, assigns, and transferees of the same. References to Grantee herein shall include any and all successors, assigns, and transferees of Grantee.

5.8. Headings. The headings of the paragraphs of this Easement Agreement are for convenience purposes only and do not constitute and are not a part of this Easement Agreement and shall have no effect upon the construction or interpretation of any part of this Easement Agreement.
74 Access and Utility Easement – Silver Peak Land Borrower to Adelanto Public Utility Authority 31937086_v3

5.9. Counterparts. This Easement Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

5.10. Attorneys’ Fees. In the event of any litigation concerning enforcement or interpretation of this Easement Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys’ fees and costs from the other Party or parties to such litigation, in addition to any other relief awarded.
[SIGNATURE PAGES FOLLOW]
75 Access and Utility Easement – Silver Peak Land Borrower to Adelanto Public Utility Authority 31937086_v3
IN WITNESS WHEREOF, the Parties have entered into this Easement Agreement as of the Effective Date.

GRANTOR

SILVER PEAK ENERGY LAND BORROWER,
LLC, a Delaware limited liability company
By: ____________________________________
Sean McBride, General Counsel and Secretary

ACKNOWLEDGMENT

STATE OF UTAH )
)§

COUNTY OF SALT LAKE )
The foregoing instrument was acknowledged before me this ____ day of ___________________, 2024, by Sean McBride, as General Counsel and Secretary of Silver Peak Energy Land Borrower, LLC, a Delaware limited liability company.
__________________________________
Notary Public
Residing at:______________________
My Commission Expires:
______________________
76 Access and Utility Easement – Silver Peak Land Borrower to Adelanto Public Utility Authority 31937086_v3

GRANTEE
Adelanto Public Utility Authority
By: ____________________________________
Name:__________________________________
Its:_____________________________________

ACKNOWLEDGMENT
State of California )
County of )
On _____________ ___, 2024, before me, __________________________, personally appeared, __________________________________, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature ______________________________ (Seal)
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.
77 31937086_v3
Exhibit “A”
78 31937086_v3
Exhibit “B”
79 31937086_v3
Exhibit “C”
80 31950538_v1
Recording Requested By:

City of Adelanto
Public Works Department
Engineering Division
And when recorded mail to:

City of Adelanto
Attn: City Clerk
11600 Air Expressway
Adelanto, CA 92301

PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION

OF THE CITY OF ADELANTO

COUNTY OF SAN BERNARDINO

STATE OF CALIFORNIA

AMENDMENT TO CERTIFICATE OF COMPLIANCE
NO 12-01
PROPERTY OWNER(S): SILVER PEAK ENERGY LAND BORROWER, LLC, a Delaware limited liability company
This Amendment to Certificate of Compliance deletes Exhibit A of the Certificate of Compliance NO 12-01, dated June 4, 2012 and recorded on August 31, 2012 as Document No. 2012- 0357020, in its entirety and replaces it with Exhibit A attached hereto.

ASSESSOR’S PARCEL NUMBER(S): 0459-361-67 and 0459-361-68 NUMBER OF AFFECTED PARCELS: 1
LEGAL DESCRIPTION:

SEE EXHIBIT “A”
By:________________________ Date:_____________, 2024
Kavouse Emami, City Engineer
RCE No.: _________ Exp. _________
81 31950538_v1
Exhibit “A”
82 31937084_v3
Recording Requested By:

City of Adelanto
Public Works Department
Engineering Division
And when recorded mail to:

City of Adelanto
Attn: City Clerk
11600 Air Expressway
Adelanto, CA 92301

PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION

OF THE CITY OF ADELANTO

COUNTY OF SAN BERNARDINO

STATE OF CALIFORNIA

AMENDMENT TO CERTIFICATE OF COMPLIANCE
NO 12-03
PROPERTY OWNER(S): SILVER PEAK ENERGY LAND BORROWER, LLC, a Delaware limited liability company
This Amendment to Certificate of Compliance deletes Exhibit A of the Certificate of Compliance NO 12-03, dated August 7, 2012 and recorded on August 21, 2012 as Document No. 2012- 0338586, in its entirety and replaces it with Exhibit A attached hereto.

ASSESSOR’S PARCEL NUMBER(S): 0459-361-67 and 0459-361-68 NUMBER OF AFFECTED PARCELS: 1
LEGAL DESCRIPTION:

SEE EXHIBIT “A”
By:________________________ Date:_____________, 2024
Kavouse Emami, City Engineer
RCE No.: _________ Exp. _________
83 31937084_v3
Exhibit “A”
84 Quitclaim Deed and Termination of Easement – City of Adelanto to Silver Peak Energy Land Borrower 31937085_v2

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

Silver Peak Energy Land Borrower, LLC
c/o AES Clean Energy
2180 South 1300 East, Suite 500
Salt Lake City, Utah 84106
Attn: Real Estate Manager
APN: 0459-361-68 (portion) (Space above this line for Recorder’s use only) THE UNDERSIGNED GRANTOR(s) DECLARE(s)
DOCUMENTARY TRANSFER TAX is $ __________ CITY TAX $ ______________  computed on full value of property conveyed, or  computed on full value less value of liens or encumbrances remaining at time of sale,
 Unincorporated area: ☒ City of Adelanto

QUITCLAIM DEED AND TERMINATION OF EASEMENT
FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, effective as of this ______ day of ____________________, 2024, the CITY OF ADELANTO, a municipal corporation of the State of California (“Grantor”), does hereby remise, release, and forever quitclaim unto SILVER PEAK ENERGY LAND BORROWER, LLC, a Delaware limited liability company, whose address is 2180 South 1300 East, Suite 500, Salt Lake City, Utah 84106, all of Grantor’s right, title and interest, in and to that certain real property located in the County of San Bernardino, State of California described on Exhibit “A-1” attached hereto and depicted on Exhibit “B-1” attached hereto (the “Real Property”), and all of Grantor’s right, title and interest, in and to that certain real property located in the County of San Bernardino, State of California described on Exhibit “A-2” attached hereto and depicted on Exhibit “B-2” attached hereto (the “Easement Area”) under that certain Grant of Easement recorded on August 31, 2012 in the official records of the County of San Bernardino, State of California, as Document No. 2012-0357022 (the “Easement"), which Easement is hereby terminated.
[SIGNATURE PAGE FOLLOWS]
85 Quitclaim Deed and Termination of Easement – City of Adelanto to Silver Peak Energy Land Borrower 31937085_v2
Signature Page to Quitclaim Deed and Termination of Easement

GRANTOR

CITY OF ADELANTO,
a municipal corporation of the State of California
By: ____________________________________
Name:__________________________________
Its:_____________________________________

ACKNOWLEDGMENT
State of California )
County of )
On _____________ ___, 2024, before me, __________________________, personally appeared, __________________________________, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature ______________________________ (Seal)
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.
86 31937085_v2
87 31937085_v2
88 31937085_v2
89 31937085_v2
90 Quitclaim Deed – Silver Peak Land Borrower to Adelanto Public Utility Authority 31937087_v2

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

Adelanto Public Utility Authority
11600 Air Expressway
Adelanto, California 92301
APN: 0459-361-67 (Space above this line for Recorder’s use only) THE UNDERSIGNED GRANTOR(s) DECLARE(s)
DOCUMENTARY TRANSFER TAX is $0 R&T 11922 CITY TAX $0
 computed on full value of property conveyed, or  computed on full value less value of liens or encumbrances remaining at time of sale,
 Unincorporated area: ☒ City of Adelanto

QUITCLAIM DEED
FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, effective as of this ______ day of ____________________, 2024, SILVER PEAK ENERGY LAND BORROWER, LLC, a Delaware limited liability company, as grantor (“Grantor”), does hereby remise, release, and forever quitclaim unto ADELANTO PUBLIC UTILITY AUTHORITY, whose address is 11600 Air Expressway, Adelanto, California 92301, all of Grantor’s right, title and interest, in and to that certain real property located in the County of San Bernardino, State of California described on Exhibit “A” attached hereto and depicted on Exhibit “B” attached hereto (the “Real Property”). [SIGNATURE PAGE FOLLOWS]
91 Quitclaim Deed – Silver Peak Land Borrower to Adelanto Public Utility Authority 31937087_v2
Signature Page to Quitclaim Deed

GRANTOR

SILVER PEAK ENERGY LAND BORROWER,
LLC, a Delaware limited liability company
By: ____________________________________
Sean McBride, General Counsel and Secretary

ACKNOWLEDGMENT

STATE OF UTAH )
)§

COUNTY OF SALT LAKE )
The foregoing instrument was acknowledged before me this ____ day of ___________________, 2024, by Sean McBride, as General Counsel and Secretary of Silver Peak Energy Land Borrower, LLC, a Delaware limited liability company.
__________________________________
Notary Public
Residing at:______________________
My commission expires:
_______________________
92 31937087_v2
Exhibit “A”
93 31937087_v2
Exhibit “B”
94

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