Banning City Council
February 25, 2025

RESOLUTION 2025-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING THE ACCEPTANCE OF THE DISTRIBUTION OF THE FY23 STATE HOMELAND SECURITY PROGRAM (SHSP) GRANT AWARD OF $161,383
WHEREAS, the City of Banning has been awarded SHSP funding in the amount of $161,383 to further enhance its own emergency response capabilities and purchase equipment to enhance operational effectiveness across emergency services, including fire, law enforcement, emergency medical services, and public health; and,
WHEREAS, the City of Banning will be using the $161,383 in SHSP funding to purchase and install License Plate Reader (LPR) cameras and Pan Tilt Zoom (PTZ) safety cameras as part of its ongoing efforts to enhance public safety and preparedness; and, WHEREAS, pursuant to the adoption of the resolution, The Banning Police Department will obtain multiple quotes from vendors to ensure the costs do not exceed the awarded grant amount, ensuring that there will be no additional fiscal impact to the City of Banning.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:

SECTION 1. The City Council approves the distribution with the Riverside County Emergency Management Department for the FY23 SHSP Grant in the amount of $161,383, to be used during the performance period of this grant, which is from April 9, 2024, to May 31, 2025.

SECTION 2. The City Council authorizes the City Manager to make non-substantive changes to the FY23 Emergency Management Department SHSP Grant and to execute the FY23 Emergency Management Department SHSP Grant with the Riverside County Emergency Management Department on behalf of the City Council.

SECTION 3. The City Council authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this resolution.

SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 25th day of February, 2025.

Sheri Flynn, Mayor
City of Banning
357
Resolution 2025-24

ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:

John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy, & Pinkney LLP
358
Resolution 2025-24

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-24, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 25th day of February, 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
359
Resolution 2025-24

Exhibit A
Initial Application Approval
360
Resolution 2025-24

Exhibit B
Grants Management Assessment
361
Resolution 2025-24

Exhibit C
Standard Assurances Document
362
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES (Cal OES) FIPS # VS# Subaward # 2023-0042
1a. UEI:
2a. UEI:
92220-4840
(City) (Zip+4)
92220-4840
(Zip+4)
April 9, 2024 May 31, 2025
(Start Date) (End Date)
%
Item
Number
Grant
Year
Fund
Source A. State B. Federal C. Total D. Cash Match E. In-Kind Match F. Total Match G. Total Cost

8. 2023 SHSP $161,383 $161,383 $161,383

9. 10.

11. 12.

Total Project Cost $161,383 $161,383 $161,383
Name: Title:

City: Zip Code+4: 92220-4840
Signature: Date:
(Date) (Date)

13. Certification - This Grant Subaward consists of this title page, the application for the grant, which is attached and made a part hereof, the Assurances/Certifications, and any attached Special Conditions. I hereby certify I am vested with the authority to enter into this Grant Subaward, and have the approval of the City/County Financial Officer, City Manager, County Administrator, Governing Board Chair, or other Approving Body. The Subrecipient certifies that all funds received pursuant to this agreement will be spent exclusively on the purposes specified in the Grant Subaward. The Subrecipient accepts this Grant Subaward and agrees to administer the grant project in accordance with the Grant Subaward as well as all applicable state and federal laws, audit requirements, federal program guidelines, and Cal OES policy and program guidance. The Subrecipient further agrees that the allocation of funds may be contingent on the enactment of the State Budget.

14. CA Public Records Act - Grant applications are subject to the California Public Records Act, Government Code section 7920 et seq. Do not put any personally identifiable information or private information on this application. If you believe that any of the information you are putting on this application is exempt from the Public Records Act, please attach a statement that indicates what portions of the application and the basis for the exemption. Your statement that the information is not subject to the Public Records Act will not guarantee that the information will not be disclosed.

15. Official Authorized to Sign for Subrecipient:
99 E. Ramsey Street Banning

16. Federal Employer ID Number: 95-6000674
(FOR Cal OES USE ONLY)
I hereby certify upon my personal knowledge that budgeted funds are available for the period and purposes of this expenditure stated above. (Cal OES Fiscal Officer) (Cal OES Director or Designee)

7. Indirect Cost Rate: N/A Federally Approved ICR (if applicable):

Payment Mailing Address:
(Street)
(City) (County)

6. Performance /
Budget Period: to

4. Location of Project: 125 E. Ramsey Street Riverside

5. Disaster/Program Title: Homeland Security Grant Program The California Governor's Office of Emergency Services (Cal OES) hereby makes a Grant Subaward of funds to the following:
(Cal OES Use Only)
Cal OES #

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

GRANT SUBAWARD FACE SHEET

3. Implementing Agency Address:

1. Subrecipient: City of Banning F996EVLCRCG3

2. Implementing Agency: City of Banning, Police Department T9ZPMCBNFZC8 125 E. Ramsey Street Banning
1 of 1 Grant Subaward Face Sheet Cal OES 2-101 (Revised 05/2023) 363 County of Riverside Emergency Management Department
FY 2023 Subrecipient Grants Management Assessment
Subrecipient: UEI #:

Grant Program Title:

Performance Period: to
Subaward Amount
Requested:

Per Title 2 CFR § 200.332, it is required to evaluate the risk of noncompliance with federal statutes, regulations and grant terms and conditions posed by each subrecipient of pass- through funding. This assessment is made to determine and provide an appropriate level of technical assistance, training, and grant oversight to subrecipients for the award referenced above. For the purposes of completing this questionnaire, “grant manager” is the individual who has primary responsibility for day-to-day administration of the grant, “bookkeeper/accounting staff” means the individual who has responsibility for reviewing and determining expenditures to be charged to the grant award, and “organization” refers to the subrecipient applying for the award, and/or the governmental implementing agency, as applicable.

The following are questions related to your organization’s experience in the management of federal grant awards.

This questionnaire must be completed and returned with your grant application materials.

1. How many years of experience does your current grant manager have managing grants?

2. How many years of experience does your current bookkeeper/accounting staff have managing grants?

3. Are individual staff members assigned to work on multiple grants?

4. Do you use timesheets to track the time staff spend working on specific activities/projects?

5. Does your organization utilize cost tracking methods that distinguishes grant expenditures separately from general fund expenditures?

6. How often does your organization have a financial audit?

7. Has your organization received any audit findings in the last three years?

8. Do you have written procurement policies?

9. Do you get multiple quotes or bids when buying items or services?

10. How many years do you maintain receipts, deposits, cancelled checks, invoices?

11. Has your organization received grant funding for this program in prior years? If yes, provide the following data for the most recent 3 funding years Grant Year: Amount Awarded: Amount Expended:

Grant Year: Amount Awarded: Amount Expended:

Grant Year: Amount Awarded: Amount Expended:

Certification: This is to certify that, to the best of our knowledge and belief, the data furnished above is accurate, complete, and current.

Authorized Agent Signature: Date:

Print Name: Title:

Grant Manager Signature: Date:

Print Name: Title:
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As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.

I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO;
(e) Federal and State Grant Program Guidelines; and
(f) Riverside County Supplement to the NOFO.

Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.

Significant state and federal grant award requirements (some of which appear in the documents listed above) are set forth below. The Applicant hereby agrees to comply with the following:

1. Proof of Authority
The Applicant will obtain written authorization from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body; and
(d) The official executing this agreement is, in fact, authorized to do so. 365
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This Proof of Authority must be maintained on file and readily available upon request.

2. Period of Performance
The Applicant will initiate work after approval of the award and complete all work within the period of performance specified in the grant.

3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 366
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Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation, or policy without the express written approval from the awarding agency.

4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.213 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government.

The Applicant certifies that it:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department oragency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.

Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.

5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to nondiscrimination, including:
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(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs;
(d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. § 12101et seq.), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)— be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201); (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of governmentcontractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; 368
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(k) DHS policy to ensure the equal treatment of faith-based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19;
(l) The Applicant will comply with California’s Fair Employment and Housing Act (FEHA) (California Government Code §§12940-12957), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions;
(m) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.

6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.

7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000- 21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000- 15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; 369
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(d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmentaland human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands; (i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); and
(m) Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wildand scenic riverssystem.

The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a ceaseand-desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution. 370
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8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will perform the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and 2 C.F.R., Part 200, Subpart F Audit Requirements.

9. Access to Records
The Applicant must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees, and assignees to acknowledge and agree to comply with this provision.

10. Conflict of Interest
The Applicant will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which provides that Applicant shall not submit a false claim for payment, reimbursement, or advance.

12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), including but not limited to (a) the reporting of subawards obligating $30,000 or more in federal funds, and (b) executive compensation data for first-tier subawards as set forth in 2 C.F.R. Part 170, Appendix A. The Applicant also agrees to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A. The Applicant is required to report to Riverside County Operational Area (Riverside County OA) the progress of their funded programs on a quarterly basis (January 1, April 1, July 1, October 1).

13. Whistleblower Protections
The Applicant also must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 371
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4304 and § 4310.

14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award.

15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations.

16. Worker’s Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.

17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase; (b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction 372
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and acquisition is $10,000 ormore;
(c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et seq.); and
(d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

18. Certifications Applicable Only to Federally Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project; (b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications;and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.

19. Use of Cellular Device While Driving is Prohibited
Applicants are required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.
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20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.

HOMELAND SECURITY GRANT PROGRAM (HSGP) –

PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS

21. Acknowledgment of Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.

22. Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.

23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collect PII are required to have a publicly available privacy policy that describes standards on the usage and maintenance of PII they collect. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource respectively.

24. Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistanceawards.

25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance 374
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awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.

26. Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

27. Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.

28. Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B138942.

29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.

30. Non-supplanting Requirement
All recipients who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through nonfederal sources. 375
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31. Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L.

No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.

32. SAFECOM
All recipients who receive federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.

33. Terrorist Financing
All recipients must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws.

34. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the recipient’s currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, you must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.

35. USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.

36. Use of DHS Seal, Logo, and Flags
All recipients must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. 376
FY23 Standard Assurances
Federal Grant Programs
2023 Standard Assurances Page 13 of 15 Initials

37. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
The Applicant must comply with the “Build America, Buy America” Act (BABAA), enacted as part of the Infrastructure Investment and Jobs Act and Executive Order 14005.

Applicants receiving a federal award subject to BABAA requirements may not use federal financial assistance funds for infrastructure projects unless:
a) All iron and steel used in the project are produced in the United States – this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;
b) All manufactured products used in the project are produced in the United States – this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and
c) All construction materials are manufactured in the United States – this means that all manufacturing processes for the construction material occurred in the United States.

The “Buy America” preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. It does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a “Buy America” preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.

Per section 70914(c) of BABAA, FEMA may waive the application of a “Buy America” preference under an infrastructure program in certain cases.

On July 1, 2022, OMB approved FEMA’s General Applicability Public Interest Waiver of the BABAA requirements to be effective for a period of six months, through January 1, 2023.

Applicants will not be required to follow the BABAA requirements for FEMA awards made, and any other funding FEMA obligates, during this waiver period. For any new awards FEMA makes after January 1, 2023, as well as new funding FEMA obligates to existing awards or 377
FY23 Standard Assurances
Federal Grant Programs
2023 Standard Assurances Page 14 of 15 Initials
through renewal awards where the new funding is obligated after January 1, 2023, Applicants will be required to follow the BABAA requirements unless another waiver is requested and approved.

38. Loss of funding
Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if Riverside County OA or the Cal OES determines that any of the following has occurred: (1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as notedabove.

Riverside County OA may reduce, suspend, or terminate current and/or future grant funding, in whole or in part, or other measures may be imposed for any of the following reasons:
a) Failure to submit required reports.
b) Failure to expend funding.
c) Failure to expend at least 90% or $5,000 (whichever is greater) of the award could affect future funding.
d) Failure to expend funds in a timely manner consistent with the grant milestones, guidance, and assurances.
e) Failure to comply with the requirements or statutory progress toward the goals or objectives of federal or state law.
f) Failure to comply with the required Nationwide Cybersecurity Review (NCSR) process
g) Failure to make satisfactory progress toward the goals or objectives set forth in the Subrecipient application.
h) Failure to follow grant agreement requirements or special conditions. i) False certification in the application or document.
j) Failure to adequately manage, monitor or direct the grant funding activities of their City/Agency.

IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc.

The Applicant recognizes and agrees that financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.
378
FY23 Standard Assurances
Federal Grant Programs
2023 Standard Assurances Page 15 of 15 Initials
All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Riverside County OA, Cal OES, or public scrutiny upon request.

All of the language contained within this document must be included in the award documents for all subawards at all tiers. All recipients are bound by the Department of Homeland Security Standard Terms and Conditions 2018, Version 8 .1, hereby incorporated by reference, which can be found at:
https://www.dhs.gov/publication/fy15-dhs-standard-terms-and-conditions.

The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.

Subrecipient:

Signature of Authorized Agent:

Printed Name of Authorized Agent:

Title: Date:
379
450 E ALESSANDRO BLVD. RIVERSIDE, CALIFORNIA 92508
T: 951.358.7100 ♦ F: 951.358.7105 ♦ WEB: WWW.RIVCOREADY.ORG ♦ TDD: 951.358.5124 Bruce Barton, Director
Emergency Management Department
April 9, 2024
City of Banning
Jeff Horn, Captain
RE: FY23 State Homeland Security Program Grant (SHSP) Award - $161,383 Grant #2023-0042 CFDA#: 97.067
The California Office of Emergency Services (CalOES) has approved Riverside County’s FY23 State Homeland Security Program Grant (SHSP) application and has authorized the commencement of reimbursement requests.

The performance period of this grant is April 9, 2024 – May 31, 2025. Final reimbursement requests are due within twenty (20) calendar days after the end of the grant period of performance.

This subaward is subject to requirements in 2 CFR, Part 200, including the Notice of Funding Opportunity (NOFO), Preparedness Grants Manual, California Supplement to the NOFO, Riverside County Supplement to the NOFO, Grant Assurances, and all applicable federal, state, and local requirements. All activities funded with this subaward must be completed within the period of performance.

The Riverside County Operational Area (OA) may reduce, suspend, or terminate grant funding, in whole or in part, or other measures may be imposed for any of the following reasons:
• Failure to submit required performance reports.
• Failure to expend a minimum of 90% of awarded funding. • Failure to expend funds in a timely manner consistent with the grant milestones, guidance, and assurances.
• Failure to comply with the requirements or statutory progress toward the goals or objectives of federal or state law.
• Failure to make satisfactory progress toward the goals or objectives set forth in the Subrecipient application.
• Failure to follow Grant Subaward requirements or special conditions. • Proposing or implementing substantial plan changes to the extent that, if originally submitted, the application would not have been selected for funding.
• False certification in the application or document.
• Failure to adequately manage, monitor, or direct the grant funding activities of the organization.

Subrecipients must obtain additional written approval prior to incurring costs for activities such as aviation, watercraft, noncompetitive procurement, and projects requiring Environmental Planning and Historic Preservation review. Any changes to the Financial Management Forms Workbook requires approval from the OA prior to conducting activities and incurring costs.

Your organization’s Financial Management Forms Workbook is being provided to you via email along with a copy of this letter. The Facesheet, Governing Body Resolution, Grants Management Assessments form, Standard Assurances, EHP Screening Form (if applicable) must be read, signed, and dated by your authorized agent in blue ink and returned to [email protected] by July 9, 2024. Requests will not be processed without the acceptance documents on file.

This subaward is subject to all provisions of 2 CFR Part 200, Subpart F – Audit Requirements. Any funds received in excess of current needs, approved amounts, or those found owed as a result of a final review or audit, must be refunded to the OA within 30 days upon receipt of an invoice from the County of Riverside Emergency 380
450 E ALESSANDRO BLVD. RIVERSIDE, CALIFORNIA 92508
T: 951.358.7100 ♦ F: 951.358.7105 ♦ WEB: WWW.RIVCOREADY.ORG ♦ TDD: 951.358.5124 Management Department.

For further assistance, please contact [email protected]. We look forward to working with you and appreciate your cooperation and support.

Sincerely,
Louis Le
Senior Administrative Services Analyst
County of Riverside Emergency Management Department
381

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Ralph Wright, Parks and Recreation Director MEETING DATE: February 25, 2025
SUBJECT: Consideration of Resolution 2025-25, Approving an Agreement with Pyro Spectaculars, Inc. for Production of the Fourth of July Aerial Fireworks Display
RECOMMENDATION:

Adopt Resolution 2025-25.

BACKGROUND:

For over a dozen years, other than the COVID restriction year of 2020, the City of Banning has offered an annual July 4th Celebration including vendors, music, kids and family activities as well as stunning aerial fireworks display and it has become a well-known, and community supported event.

Last year’s event had an estimated 2,000 people in attendance at Nicolet Middle School and thousands of other community members watching the fireworks show from their home, local parks, and adjacent neighborhoods. The feedback from the community was that the event was a beneficial and well-liked event that brought the community together.

Pyro Spectaculars, Inc. is the single source providing most of the aerial fireworks shows on July 4th in California and throughout the United States. Staff has inquired and with Pyro Spectaculars, Inc. as to the secure the best pricing for aerial fireworks show and received a quote of $34,000. This fee includes a $2,000 increase over last year’s show price. This higher price has come about due to many increases that can be seen throughout the supply chain including insurance costs, shipping and labor costs. As a returning customer, Pyro Spectacular offers a significant discount to the City of Banning. Pyro Spectaculars, Inc., has a waiting list of new customers that will pay a minimum of $50,000 for a show.

Customers that cancel annual shows and choose to return in subsequent years will have to be added to a waiting list and no longer be offered the retuning customer discount.

If the production agreement is approved and executed, the City of Banning will pay 50% or $17,000 on April 1st and the remaining 50%, or $17,000 after the show takes place on July 4th.

JUSTIFICATION:

Staff feels providing a July 4th event and including the aerial fireworks display provides a tremendous community benefit. Pyro Spectaculars, Inc. has performed over a dozen July 4th shows in Banning and proven themselves to deliver an exciting and safe show for the community. Funding is currently allocated in the FY 2024-25 budget (Account 001-5400-446-41.58) to support the annual July 4th event including the Aerial Fireworks Display. Additionally, Pyro Spectaculars, Inc. will provide liability insurance naming the City of banning as additional insured and works closely with our fire marshal each year to mitigate the risk associated with fireworks show.
382
FISCAL IMPACT:

Sufficient funds are available and were budgeted in the July 4th Celebration account 001-5400-446-

41.58. A 50% payment for the aerial fireworks display will take place on April 1st and the balance will be paid after the show takes place on July 4th.

ALTERNATIVES:

Do not adopt the resolution and provide staff alternate direction.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. Resolution_2025-25__PR_Pyrospectaculars.docx

2. Banning, City of_Proposal & Agreement_Pyro Spectaculars, inc._7-4-25_.pdf 383
Resolution 2025-25

RESOLUTION 2025-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING AGREEMENT WITH PYRO SPECTACULARS, INC. FOR PRODUCTION OF THE

FOURTH OF JULY AERIAL FIREWORKS DISPLAY
WHEREAS, The City desires to hold a community event with an aerial fireworks display on July 4, 2025; and
WHEREAS, The July 4th Celebration was held in July of 2024 and it was a successful and well attended event with 2,000 people estimated in attendance inside the fence at Nicolet Middle School Field and thousands more watching the show from throughout Banning; and WHEREAS, Pyro Spectaculars is a single source provider of fireworks shows on July 4th providing over 200 shows each year in California and throughout the United States; and WHEREAS, Pyro Spectacular has performed the annual show in Banning for over a dozen years and proven themselves to deliver an exciting and safe show for the community; and WHEREAS, Pyro Spectaculars, Inc., of Rialto, CA has provided these services for the City in the past and has proved able to perform to set expectations; and WHEREAS, Pyro Spectaculars, Inc., of Rialto, CA submitted pricing of $34,000 through an informal request; and
WHEREAS, Sufficient funding for the Aerial Fireworks show and Fourth of July Celebration is budgeted and is available in account 001-5400-446.41.58 for FY 2024-25.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:

SECTION 1. The City Council approves the Production Agreement with Pyro Spectaculars, Inc. for an annual aerials fireworks show in the amount of $34,000.

SECTION 2. Authorizes the City Manager or his designee to make non-substantive changes to the Production Agreement and to execute the Production Agreement with Pyro Spectaculars, Inc, on behalf of the City Council, sign all necessary documents, and make all necessary budget adjustments to facilitate the Production Agreement.

SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 25th day of February, 2025. 384
Resolution 2025-25

Sheri Flynn, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning

APPROVED AS TO FORM AND
LEGAL CONTENT:

John Pinkney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
385
Resolution 2025-25

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-25, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 25th day of February, 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
386
387
388
389
390
391
392
393

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Ralph Wright, Parks and Recreation Director MEETING DATE: February 25, 2025
SUBJECT: Consideration of Resolution 2025-26, Approving a Short-Term Rental Agreement with Orlando Cobos for Use of City-Owned Property located at 150 East Ramsey Street in Banning for a series of Acrobatic Shows RECOMMENDATION:

Adopt Resolution 2025-26.

BACKGROUND:

The Parks and Recreation Department was contacted regarding the use of the property located at 150 E.

Ramsey Street for a 2-week period to offer a series of Acrobatic Shows in Banning. The old site of the San Gorgonio Inn has been vacant for over a year and is currently unprogrammed.

Absolute Kids Non-profit Sponsor Circus Royal Spectacular has submitted a required Temporary Use Permit (TUP) application to operate the acrobatic show at the location and completed a Special Event Permit Application. As part of the permitting process, requirements for operation of a safe event will be established by Fire and Police. The operator will require the use of water at the site and will be required to request the use of a construction meter on site and pay for all costs associated with the water use.

The City will receive $750 in rent for the fifteen (15) day short-term rental. The property has had previous short-term rentals for similar events. Most recently, in September and October of 2022, the property was used for a Pumpkin Patch event and the City received $1,500 in rent for this 35 day use.

Staff believes this would be a good use of the underutilized site and would draw residents and visitors to the City's downtown core.

JUSTIFICATION:

The property is currently not being used by the City and all costs associated with the use of the property are being paid by the operator. The City will receive rent for the short-term rental in the amount of $750.

The use of the property to offer a fun and exciting acrobat show for the Pass Area is a positive benefit to the City of Banning.

FISCAL IMPACT:

The term of the short-term rental agreement is 15 days - March 11, 2025 through March 25, 2025.

Tenant shall pay $750 plus any associated late fees they may incur per the agreement. Tenant will also be required to secure a temporary construction water meter on site and pay all associated water costs incurred during their use.

ALTERNATIVES:

Do not adopt the resolution and provide staff alternate direction. 394
BUDGETED?:

No
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. Resolution 2025-26, 150 E Ramsey Rental.docx

2. Draft Real Property Short-Term Rental Agreement (150 E. Ramsey St - Absolute Kids Nonprofit Sponsor Circus Royal Spectacular)_2.25.2025.pdf

3. SEP Application _ 25-02 CIrque California Dreams.pdf 395
Resolution 2025-26

RESOLUTION 2025-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,

APPROVING A SHORT-TERM RENTAL AGREEMENT WITH ORLANDO COBOS FOR RENTAL OF APPROXIMATELY 0.5 ACREA LOCATED ON CITY-OWNED PROPERTY LOCATED AT 150 E. RAMSEY STREET IN BANNING, CA 92220

WHEREAS, The City of Banning was contacted by Absolute Kids Non-Profit Sponsor Circus Royal Spectacular regarding the use of the property located at 150 E. Ramsey street for an acrobatic show; and
WHEREAS, Absolute Kids Non-profit Sponsor Circus Royal Spectacular has submitted a required Temporary Use Permit (TUP) application to operate the acrobatic show at the location; and
WHEREAS, the term of the rental is for fifteen (15) days from March 11, 2025 through March 25, 2025; and
WHEREAS, the City has declared the land surplus and the property is not currently in use by the City; and
WHEREAS, the City will receive $750.00 in rent for the short-term use of the property.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:

SECTION 1. The Short-Term Rental Agreement between Orlando Cobos and the City of Banning is hereby approved; and
SECTION 2. The City Council authorizes the City Manager or his designee to execute the ShortTerm Rental Agreement on behalf of the City of Banning.

SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 25th day of February, 2025.

Sheri Flynn, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
396
Resolution 2025-26

APPROVED AS TO FORM AND
LEGAL CONTENT:

John Pinkney, Interim City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
397
Resolution 2025-26

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-26, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 25th day of February, 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
398
11303-0001\2698063v3.doc

RENTAL AGREEMENT
This RENTAL AGREEMENT (“Rental Agreement”) is dated as of _February 26, 2025 (the “Effective Date”) and entered into by and between the CITY OF BANNING, a California municipal corporation (“Landlord” or “City”), and ORLANDO COBOS, an individual doing business as Absolute Kids Non-Profit Sponsor Circus Royal Spectacular (“Tenant”). The Landlord or City and the Tenant are collectively referred to herein as “Parties,” or individually referred to as a “Party.”

RECITALS
A. Landlord is the owner of that certain vacant real property located at 150 E. Ramsey Street (the “Property”).

B. Tenant wishes to rent on a short-term basis a portion of the Property consisting of approximately 0.5 acres, as depicted on the Site Map attached hereto as Exhibit “A” and incorporated herein by reference (the “Site”) for the purpose of operating a temporary seasonal circus without animals, with acrobats, clowns, jugglers, and other acts for twelve (12) days in March.

C. Tenant agrees that the use of the Site under this Rental Agreement is only for a limited time on the terms and conditions set forth in this Rental Agreement.

D. Tenant is required to secure a Temporary Use Permit(TUP) from the City of Banning and follow all required conditions of approval.

E. Tenant has conducted an independent investigation concerning the desirability of renting the Site on the terms and conditions set forth in this Rental Agreement and its suitability for use by Tenant; Landlord has not provided any advice, recommendations, or information concerning the Property or the Site and any use of the Site by Tenant.

F. This Rental Agreement is in the vital and best interests of City, and the health, safety and welfare of its residents, and in accordance with the public purposes of applicable state and local laws and requirements.

NOW, THEREFORE, for and in consideration of the mutual promises, covenants, and conditions herein contained, Landlord and Tenant agree as follows:

ARTICLE 1. RENTAL AGREEMENT OF THE SITE.

1.1 Recitals. The foregoing Recitals constitute a substantive part of this Rental Agreement.

1.2 Rental of the Site. Landlord hereby rents the Site to Tenant and Tenant hereby rents the Site from the Landlord, on the terms and conditions set forth in this Rental Agreement.

1.3 Term. The Term shall be for the fifteen days in the month of March, 2025, commencing at 12:01 a.m. on March 11, 2025 (the “Commencement Date”) and ending at midnight on March 25, 2025 (the “Expiration Date”). The Term shall not be extended beyond the Expiration Date.
399

1.4 Agreed Use. Tenant shall use the Site in compliance with, and subject to all terms and conditions imposed under, an approved City of Banning Temporary Use Permit(TUP). Tenant may use the Site for the purpose of operating a temporary, seasonal circus consisting of various acrobatic acts.

The Circus will not have any animals and will operate for twelve (12) days in March 2025 (the “Agreed Use”). Tenant may not use any of Landlord’s property that is adjacent to the Site, or any public street or right-of-way for any of the Agreed Use, with the only exception being the incidental access for delivery and shipping of equipment, materials and supplies to and from the Site and patron parking as permitted by TUP. Specifically, the staging, loading, and unloading of any trucks or similar vehicles used to deliver or ship equipment, materials and supplies to and from the Site associated with the Agreed Use shall only occur within the boundaries of the Site. Tenant’s failure to comply with these limitations on the Agreed Use, or the terms or conditions of TUP, shall be considered a Default under this Rental Agreement.

1.5 Fencing. Prior to using the Site, Tenant shall install at its sole expense, perimeter fencing, gates, and screening, as required by TUP and City’s Department of Community Development.

1.6 Size of Site. While the approximate square footage of the Site, as set forth in Recital B, may have been used for comparison purposes in the marketing of the Site or negotiating the terms of this Rental Agreement, the Rent stated in Section 2.1 of this Rental Agreement is not calculated based upon square footage and is not subject to adjustment should the actual size of the Site be determined to be different.

1.7 Condition. Landlord shall deliver the Site to Tenant “as is” on the Commencement Date, without representation or warranty, express or implied. Without limiting the foregoing disclaimer, Landlord does not warrant or represent and specifically disclaims any such representation or warranty with respect to the condition or suitability of the Site for the Agreed Use with respect to the following (as may apply): (a) the parking lot pavement, the improvement(s) that are appurtenant to the parking lot including, without limitation, curb, gutter, sidewalks, planter boxes or areas, and landscaping; (b) the presence or absence of Hazardous Substances; (c) compliance with the building codes, applicable laws, covenants or restrictions of record, regulations, and ordinances that were in effect at the time that the improvement(s) and building(s) were constructed or as of the Effective Date, or (d) compliance with the Americans with Disabilities Act (“ADA”) or any similar laws.

1.8 Acknowledgements. Tenant acknowledges that: (a) it has been given an opportunity to inspect and measure the Site; (b) it has been advised by Landlord to satisfy itself with respect to the size and condition of the Site (including, but not limited to, environmental aspects, and compliance with applicable laws and the ADA), and its suitability for the Agreed Use; (c) Tenant has made such investigation as it deems necessary with reference to such matters and assumes all responsibility therefor as the same relate to its occupancy of the Site; (d) it is not relying on any representation as to the size of the Site made by Landlord; (e) the square footage of the Site was not material to Tenant’s decision to Rental Agreement the Site and pay the Rent stated herein; and (f) neither Landlord, Landlord’s agents, nor any Brokers have made any oral or written representations or warranties with respect to said matters other than as set forth in this Rental Agreement.

1.9 Tenant Compliance. Landlord shall not be required to tender possession of the Site to Tenant until Tenant complies with its obligation to pay the Rent as described in Section 2.2 and provide evidence of insurance (see Article 5). Pending delivery of such payments and evidence, Tenant shall be required to perform all of its obligations under this Rental Agreement from and after the 400
Commencement Date, notwithstanding Landlord’s election to withhold possession pending receipt of such evidence of insurance.

ARTICLE 2. RENT.

2.1 Rent. The rent for the Site is Seven Hundred and fifty Dollars ($750.00) (the “Rent”).

The Rent is applicable to the Term and is not tied to the actual number of days that Tenant occupies the Site. Therefore, in the event that Tenant delays its occupancy of the Site or vacates the Site prior to the Expiration Date, Tenant is not entitled to any Rent refund.

2.2 Payment. Without invoice or notice from Landlord of any kind, on or before March 5, 2025, Tenant shall cause the payment of the Rent applicable to the entire Term (i.e., Seven Hundred and Fifty Dollars [$750.00]) to be paid to Landlord in lawful money of the United States, without offset or deduction.

ARTICLE 3. USE.

3.1 Use. Tenant shall use and occupy the Site only for the Agreed Use and for no other purpose. Tenant shall not use or permit the use of the Site in a manner that is unlawful, creates damage, waste or a nuisance, or that disturbs occupants of, or causes damage to, neighboring properties. For the purposes of this Rental Agreement, “damage” does not include any modifications to the Property that are approved by Landlord and does not include any normal wear to the Property that may occur as a consequence of the Agreed Use. However, “damage” may include any modifications to the Property that are not approved by the Landlord.

3.2 Hazardous Substances.
(a) Reportable Uses Require Consent. The term “Hazardous Substance” as used in this Rental Agreement shall mean any product, substance, or waste whose presence, use, manufacture, disposal, transportation, or release, either by itself or in combination with other materials expected to be on the Site, is either: i) potentially injurious to the public health, safety, or welfare, the environment, or the Site; ii) regulated or monitored by any governmental authority; or iii) a basis for potential liability of Landlord to any governmental agency or third party under any applicable statute or common law theory. Hazardous Substances shall include, but not be limited to, hydrocarbons, petroleum, gasoline, and/or crude oil or any products, by-products or fractions thereof. Tenant shall not engage in any activity in or on the Site that constitutes a Reportable Use of Hazardous Substances without the express prior written consent of Landlord and timely compliance (at Tenant’s expense) with all applicable laws. For purposes of this Section 3.2, “Reportable Use” shall mean: i) the installation or use of any above or below ground storage tank; ii) the generation, possession, storage, use, transportation, or disposal of a Hazardous Substance that requires a permit from, or with respect to which a report, notice, registration, or business plan is required to be filed with, any governmental authority; and/or iii) the presence at the Site of a Hazardous Substance with respect to which any applicable laws require that a notice be given to persons entering or occupying the Site or neighboring properties. Notwithstanding the foregoing, Tenant may use any ordinary and customary materials reasonably required to be used in the normal course of the Agreed Use, ordinary office supplies (copier toner, liquid paper, glue, etc.) and common household cleaning materials, so long as such use is in compliance with all applicable laws, is not a Reportable Use, and does not expose the Site or neighboring property to any meaningful risk of contamination or damage or expose Landlord to any liability therefor. In addition, Landlord may condition its consent to any Reportable Use upon 401
receiving such additional assurances as Landlord reasonably deems necessary to protect itself, the public, the Site and/or the environment against damage, contamination, injury, and/or liability, including, but not limited to, the installation (and removal on or before Rental Agreement expiration or termination) of protective modifications (such as concrete encasements). (b) Duty to Inform Landlord. If Tenant knows, or has reasonable cause to believe, that a Hazardous Substance has come to be located in, on, under, or about the Site, other than as previously consented to by Landlord, Tenant shall immediately give written notice of such fact to Landlord, and provide Landlord with a copy of any report, notice, claim, or other documentation which it has concerning the presence of such Hazardous Substance. (c) Tenant Remediation. Tenant shall not cause or permit any Hazardous Substance to be spilled or released in, on, under, or about the Site (including through the plumbing or sanitary sewer system) and shall promptly, at Tenant’s expense, comply with all applicable laws and take all investigatory and/or remedial action reasonably recommended, whether or not formally ordered or required, for the cleanup of any contamination of, and for the maintenance, security and/or monitoring of the Site or neighboring properties, that was caused or materially contributed to by Tenant, or pertaining to or involving any Hazardous Substance brought onto the Site during the term of this Rental Agreement, by or for Tenant, or any third party. (d) Tenant Indemnification. Tenant shall indemnify, defend, and hold Landlord, its agents, employees, lenders, and ground landlord, if any, harmless from and against any and all loss of rents and/or damages, liabilities, judgments, claims, expenses, penalties, and attorneys’ and consultants’ fees arising out of or involving any Hazardous Substance brought onto the Site by or for Tenant, or any third party (provided, however, that Tenant shall have no liability under this Rental Agreement with respect to underground migration of any Hazardous Substance under the Site from adjacent properties not caused or contributed to by Tenant). Tenant’s obligations shall include, but not be limited to, the effects of any contamination or injury to person, property, or the environment created or suffered by Tenant, arising out of or involving any Hazardous Substance brought onto the Site by or for Tenant, or any third party, and the cost of investigation, removal, remediation, restoration, and/or abatement, and shall survive the expiration or termination of this Rental Agreement. No termination, cancellation or release agreement entered into by Landlord and Tenant shall release Tenant from its obligations under this Rental Agreement with respect to Hazardous Substances, unless specifically so agreed by Landlord in writing at the time of such agreement. (e) Investigations and Remediations. Landlord shall retain the responsibility and pay for any investigations or remediation measures required by governmental entities having jurisdiction with respect to the existence of Hazardous Substances on the Site prior to Tenant’s occupancy, unless such remediation measure is required as a result of the Agreed Use, in which event Tenant shall be responsible for such payment.

3.3 Tenant’s Compliance with Applicable Laws and Requirements. With respect to ensuring that Tenant’s on-going business operations (see Section 4.1) comply with applicable laws, Tenant shall, at Tenant’s sole expense, fully, diligently, and in a timely manner, comply with all applicable laws and the requirements of any applicable fire insurance underwriter or rating bureau.

Further, Tenant shall cooperate with Landlord’s staff, engineers, and/or consultants regarding any recommendations that they may have that relate in any manner to the Site, without regard to whether said applicable laws are now in effect or become effective after the Commencement Date. Tenant shall, within ten (10) days after delivery of Landlord’s written request, provide Landlord with copies 402
of all permits and other documents, and other information evidencing Tenant’s compliance with any applicable laws specified by Landlord, and shall immediately upon receipt, notify Landlord in writing (with copies of any documents involved) of any threatened or actual claim, notice, citation, warning, complaint, or report pertaining to or involving the failure of Tenant or the Site to comply with any applicable laws. In addition, Tenant shall provide Landlord with copies of its business license, certificate of occupancy and/or any similar document within ten (10) days of the delivery of a written request therefor.

3.4 Inspection; Compliance. Landlord and consultants authorized by Landlord shall have the right to enter into Site at any time, in the case of an emergency, and otherwise at reasonable times after reasonable notice, for the purpose of inspecting and/or testing the condition of the Site and/or for verifying compliance by Tenant with this Rental Agreement. The cost of any such inspections shall be paid by Landlord, unless a violation of applicable laws, or a Hazardous Substance Condition (see Section 3.2) is found to exist or be imminent, or the inspection is requested or ordered by a governmental authority. In such case, Tenant shall upon request reimburse Landlord for the cost of such inspection, so long as such inspection is reasonably related to the violation or contamination. In addition, Tenant shall provide copies of all relevant material safety data sheets to Landlord within ten (10) days of the receipt of a written request therefor. Tenant acknowledges that any failure on its part to allow such inspections or testing will expose Landlord to risks and potentially cause Landlord to incur costs not contemplated by this Rental Agreement, the extent of which will be extremely difficult to ascertain. Accordingly, if the Tenant fails to authorize such inspections and/or testing within ten (10) days of written notice therefor, the Rent shall be automatically increased by an amount equal to ten percent (10%) of the Rent and the unpaid rent shall be due within ten (10) days. The Parties agree that such increase in Rent represents fair and reasonable compensation for the additional risk/costs that Landlord will incur by reason of Tenant’s failure to authorize such inspection and/or testing. Such increase in Rent shall in no event constitute a waiver of Tenant’s Default or Breach with respect to such failure nor prevent the exercise of any of the other rights and remedies granted hereunder.

ARTICLE 4. MAINTENANCE; REPAIRS

4.1 Tenant’s Obligations.
(a) In General. Tenant shall, at Tenant’s sole expense, keep the Site in good order, condition, and repair. Tenant, in keeping the Site in good order, condition, and repair, shall exercise and perform good maintenance practices, specifically including the procurement and maintenance of the service contracts required by Section 4.1(b) below. Tenant’s obligations shall include restorations, replacements, or renewals when necessary to keep the Site and all improvements thereon or a part thereof in good order, condition, and state of repair. Tenant shall, during the term of this Rental Agreement, keep the exterior appearance of the perimeter fencing and the equipment, materials, and supplies required for the Agreed Use that are visible from a public right-of-way in a first-class condition including, without limitation, graffiti removal/abatement. (b) Service Contracts. As applicable, Tenant shall, at Tenant’s sole expense, procure and maintain contracts, with copies to Landlord, in customary form and substance for, and with contractors specializing and experienced in the maintenance of equipment located on the Site, including, without limitation, fencing.
(c) Failure to Perform. If Tenant fails to perform Tenant’s obligations under this Section 4.1, Landlord may enter upon the Site after ten (10) days’ prior written notice to Tenant (except 403
in the case of an emergency, in which case no notice shall be required), perform such obligations on Tenant’s behalf, put the Site in good order, condition, and repair, and Tenant shall promptly pay to Landlord a sum equal to one hundred ten percent (110%) of the cost thereof.

4.2 Landlord’s Obligations. It is intended by the Parties hereto that Landlord have no obligation, in any manner whatsoever, to repair and maintain the Site, or the equipment therein, all of which obligations are intended to be that of the Tenant. It is the intention of the Parties that the terms of this Rental Agreement govern the respective obligations of the Parties as to maintenance and repair of the Site.

4.3 Removal and Restoration.
(a) Removal. As of or prior to the Expiration Date, Tenant shall, at its sole expense, remove all of its property (i.e., equipment, materials, supplies, fencing, vehicles, etc.) from the Site. If Tenant fails to do so, then Landlord may retain or dispose of such property with no obligation or liability to Tenant.
(b) Surrender; Restoration. Tenant shall surrender the Site by the Expiration Date, or any earlier termination date, with all of its surfaces, including curb/gutter/sidewalk, thereof broom clean and free of debris, and in good condition and state of repair, except for any ordinary wear and tear. “Ordinary wear and tear” shall not include any damage or deterioration that would have been prevented by good maintenance practice. Tenant shall repair any damage occasioned by the delivery, storage and/or shipping of any equipment, materials, and/or supplies required for the Agreed Use. The failure by Tenant to timely vacate the Site pursuant to this Section 4.3(b) without the express written consent of Landlord shall constitute a holdover.

ARTICLE 5. INSURANCE; INDEMNITY.

5.1 Obligation to Maintain Insurance. During the Term, Tenant shall procure and maintain insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Tenant’s operation and use of the Site. The cost of all insurance required by the Rental Agreement shall be borne by the Tenant. The extent and coverage levels of the insurance at a minimum shall include the following:
(a) Liability Insurance. Tenant shall obtain and keep in force a Commercial General Liability policy of insurance protecting Tenant and Landlord as an additional insured against claims for bodily injury, personal injury, and property damage based upon or arising out of the ownership, use, occupancy, or maintenance of the Site and all areas appurtenant thereto. Such insurance shall be on an occurrence basis providing single limit coverage in an amount not less than One Million Dollars ($1,000,000) per occurrence with an annual aggregate of not less than Two Million Dollars ($2,000,000). Tenant shall add Landlord as an additional insured by means of an endorsement at least as broad as the Insurance Service Organization’s “Additional Insured-Managers or Landlords of Property” Endorsement. The policy shall not contain any intra-insured exclusions as between insured persons or organizations and shall include coverage for liability assumed under this Rental Agreement as an “insured contract” for the performance of Tenant’s indemnity obligations under this Rental Agreement. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any obligation hereunder. Tenant shall provide an endorsement on its liability policy(ies) which provides that its insurance shall be primary to and not contributory with any similar insurance carried by Landlord, whose insurance shall be considered excess insurance only. 404
(b) Auto Liability. Tenant shall obtain and maintain automobile liability insurance with minimum combined single limit of Two Million Dollars ($2,000,000). (c) Workers’ Compensation Insurance. Tenant shall obtain and maintain Workers’ Compensation Insurance with no less than One Million Dollars ($1,000,000) per accident for bodily injury or disease. Such policy shall include a ‘Waiver of Subrogation’ endorsement. Tenant shall provide Landlord with a copy of such endorsement along with the certificate of insurance or copy of the policy required by Section 5.5.

5.2 Insurance Policies. Insurance required herein shall be by companies maintaining during the policy term a “General Policyholders Rating” of at least A-, VII, as set forth in the most current issue of “Best’s Insurance Guide,” or such other rating as may be required by a Lender. Tenant shall not do or permit to be done anything which invalidates the required insurance policies. Tenant shall, prior to the Commencement Date, deliver to Landlord certified copies of policies of such insurance or certificates with copies of the required endorsements evidencing the existence and amounts of the required insurance. No such policy shall be cancelable or subject to modification except after thirty (30) days’ prior written notice to Landlord. Tenant shall, at least ten (10) days prior to the expiration of such policies, furnish Landlord with evidence of renewals or “insurance binders” evidencing renewal thereof, or Landlord may increase the liability insurance coverage and charge the cost thereof to Tenant, which amount shall be payable by Tenant to Landlord upon demand. Such policies shall be for a term of at least one (1) year. If either Party shall fail to procure and maintain the insurance required to be carried by it, the other Party may, but shall not be required to, procure and maintain the same.

5.3 Waiver of Subrogation. To the extent permitted by law, Tenant hereby releases Landlord and its elected and appointed officials, employees, and volunteers, and others working on Landlord’s behalf, from any and all liability or responsibility to Tenant or anyone claiming through or under Tenant by way of subrogation or otherwise, for any loss or damage to property caused by fire or any other casualty, even if such fire or other casualty shall have been caused by the fault or negligence of Landlord its elected or appointed officials, employees, or volunteers, or others working on Landlord’s behalf. This provision shall be applicable and in full force and effect only with respect to loss of damage occurring during the time of Tenant’s occupancy or use, and Tenant’s policies of insurance shall contain a clause or endorsement to the effect that such release shall not adversely affect or impair such policies or prejudice the right of Tenant to recover thereunder. Tenant agrees that its policies will include such a clause or endorsement.

5.4 Indemnity. Except for Landlord’s gross negligence or willful misconduct, Tenant agrees to indemnify, defend (upon request by Landlord), and save harmless Landlord, its elected and appointed officials, officers, agents, and employees from and against any liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or property damage arising from or connected with Tenant’s operations, or its services, acts, and/or omissions under this Rental Agreement, including any workers' compensation suit, liability, or expense, arising from or connected with the services performed by or on behalf of Tenant by any person pursuant to this Rental Agreement.

5.5 Failure to Provide Insurance. Tenant acknowledges that any failure on its part to obtain or maintain the insurance required herein will expose Landlord to risks and potentially cause Landlord to incur costs not contemplated by this Rental Agreement, the extent of which will be extremely difficult to ascertain. Therefore, within ten (10) calendar days of the Effective Date, Tenant 405
shall provide Landlord evidence of the insurance required herein. Following this period, if there are any months or portions thereof for which Tenant must reconfirm such evidence of the insurance required herein, and Tenant, after a ten (10) day notice from Landlord to provide such evidence, has failed to provide evidence that it maintains the required insurance, then the Rent shall be automatically increased, without any further requirement for notice to Tenant, by an amount equal to ten percent (10%) of the Rent. The Parties agree that such increase in the Rent represents fair and reasonable compensation for the additional risk/costs that Landlord will incur by reason of Tenant’s failure to maintain the required insurance. Such increase in the Rent shall in no event constitute a waiver of Tenant’s Default or Breach with respect to the failure to maintain such insurance, prevent the exercise of any of the other rights and remedies granted under this Rental Agreement, nor relieve Tenant of its obligation to maintain the insurance specified in this Rental Agreement.

ARTICLE 6. UTILITIES AND SERVICES; POSSESSORY INTEREST TAXES.

6.1 Tenant shall pay for all water, gas, heat, light, power, telephone, trash disposal, and other utilities and services supplied to the Site, together with any taxes thereon. If any such services are not separately metered or billed to Tenant, Tenant shall pay a reasonable proportion, to be determined by Landlord, of all charges jointly metered or billed. There shall be no abatement of rent and Landlord shall not be liable in any respect whatsoever for the inadequacy, stoppage, interruption, or discontinuance of any utility or service due to riot, strike, labor dispute, breakdown, accident, repair, or other cause beyond Landlord’s reasonable control or in reasonable cooperation with governmental requests or directions.

6.2 Tenant acknowledges that this Rental Agreement creates a possessory interest which is subject to property taxation, and Tenant agrees to pay all possessory interest taxes billed by the County Assessor to Tenant.

ARTICLE 7. ASSIGNMENT AND SUBLETTING.

7.1 No Assignment. Tenant shall not voluntarily or by operation of law assign, transfer, mortgage, or encumber or sublet all or any part of Tenant’s interest in this Rental Agreement or in the Site.

ARTICLE 8. DEFAULT; BREACH; REMEDIES.

8.1 Default; Breach. A “Default” is defined as a failure by Tenant to comply with or perform any of the terms, covenants, conditions, or Rules and Regulations under this Rental Agreement. A “Breach” is defined as the occurrence of one or more of the following Defaults, and the failure of Tenant to cure such Default within any applicable grace period:
(a) The abandonment of the Site; or the vacating of the Site without providing a commercially reasonable level of security, or where the coverage of the property insurance described in Article 5 is jeopardized as a result thereof, or without providing reasonable assurances to minimize potential vandalism.
(b) The failure of Tenant to make any payment of the Rent required to be made by Tenant hereunder, whether to Landlord or to a third party, when due, to provide reasonable evidence of insurance or surety bond, or to fulfill any obligation under this Rental Agreement that endangers or threatens life or property, where such failure continues for a period of three (3) business days following 406
written notice to Tenant. THE ACCEPTANCE BY LANDLORD OF A PARTIAL PAYMENT OF RENT SHALL NOT CONSTITUTE A WAIVER OF ANY OF LANDLORD’S RIGHTS, INCLUDING LANDLORD’S RIGHT TO RECOVER POSSESSION OF THE SITE. (c) The failure of Tenant to allow Landlord and/or its agents access to the Site or the commission of waste, act or acts constituting public or private nuisance, and/or an illegal activity on the Site by Tenant, where such actions continue for a period of three (3) business days following written notice to Tenant. If Tenant commits waste, a nuisance or an illegal activity a second time, then Landlord may elect to treat such conduct as a non-curable Breach rather than a Default. (d) The failure by Tenant to provide: i) reasonable written evidence of compliance with applicable laws; ii) an unauthorized assignment or subletting; iii) an Estoppel Certificate or financial statements; iv) a requested subordination; v) any document requested pursuant to this Rental Agreement vi) material safety data sheets; or vii) any other documentation or information that Landlord may reasonably require of Tenant under the terms of this Rental Agreement, where any such failure continues for a period of ten (10) days following written notice to Tenant. (e) A Default by Tenant as to the terms, covenants, conditions or provisions of this Rental Agreement that is not otherwise covered by subsections (a), (b), (c) or (d) above, where such Default continues for a period of ten (10) days after delivery by Landlord of written notice of the default; provided; however, that if the nature of Tenant’s Default is such that more than ten (10) days are reasonably required for its cure, then it shall not be deemed to be a Breach if Tenant commences such cure within said ten (10) day period and thereafter diligently prosecutes such cure to completion prior to the Expiration Date.
(f) The occurrence of any of the following events: i) the making of any general arrangement or assignment for the benefit of creditors; ii) becoming a “debtor” as defined in 11 U.S.C. § 101 or any successor statute thereto (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days); iii) the appointment of a trustee or receiver to take possession of substantially all of Tenant’s assets located at the Site or of Tenant’s interest in this Rental Agreement, where possession is not restored to Tenant within thirty (30) days; or (iv) the attachment, execution, or other judicial seizure of substantially all of Tenant’s assets located at the Site or of Tenant’s interest in this Rental Agreement, where such seizure is not discharged within thirty (30) days; provided, however, in the event that any provision of this subparagraph is contrary to any applicable law, such provision shall be of no force or effect, and not affect the validity of the remaining provisions. (g) The discovery that any financial statement of Tenant given to Landlord was materially false.

8.2 Remedies. If Tenant fails to perform any of its affirmative duties or obligations, within ten (10) days after written notice (or in case of an emergency, without notice), Landlord may, at its option, perform such duty or obligation on Tenant’s behalf, including, but not limited to, the obtaining of reasonably required bonds, insurance policies, or governmental licenses, permits, or approvals.

Tenant shall pay to Landlord an amount equal to the actual costs and expenses incurred by Landlord in such performance upon receipt of an invoice therefor. In the event of a Breach, Landlord may, with or without further notice or demand, and without limiting Landlord in the exercise of any right or remedy that Landlord may have by reason of such Breach:
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(a) Terminate Tenant’s right to possession of the Site by any lawful means, in which case this Rental Agreement shall terminate, and Tenant shall immediately surrender possession to Landlord;
(b) Continue the Rental Agreement and Tenant’s right to possession and recover the Rent as it becomes due; or
(c) Pursue any other remedy now or hereafter available under the laws of California.

The expiration or earlier termination of this Rental Agreement and/or the termination of Tenant’s right to possession shall not relieve Tenant from liability under any defense or indemnity provisions of this Rental Agreement as to matters occurring or accruing during the term hereof or by reason of Tenant’s occupancy of the Site.

8.3 Late Charges. Tenant hereby acknowledges that late payment by Tenant of the Rent will cause Landlord to incur costs not contemplated by this Rental Agreement, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges that may be imposed upon Landlord by any Lender.

Accordingly, if any Rent shall not be received by Landlord within five (5) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall immediately pay to Landlord a one-time late charge of Five Hundred Dollars ($500). The Parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of such late payment. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach with respect to such overdue amount, nor prevent the exercise of any of the other rights and remedies granted under this Rental Agreement.

8.4 Interest. Any monetary payment due Landlord hereunder, other than late charges, not received by Landlord, when due shall bear interest from the date it was due. The interest (the “Interest”) charged shall be computed daily at an annualized rate of three percent (3%). The Interest is payable in addition to the potential late charge provided for in Section 8.3.

8.5 Breach by Landlord. Landlord shall not be deemed in breach of this Rental Agreement unless Landlord fails within a reasonable time to perform an obligation required to be performed by Landlord. For purposes of this Section, a reasonable time shall in no event be less than thirty (30) days after receipt by Landlord, and any Lender whose name and address shall have been furnished Tenant in writing for such purpose, of written notice specifying wherein such obligation of Landlord has not been performed; provided, however, that if the nature of Landlord’s obligation is such that more than thirty (30) days are reasonably required for its performance, then Landlord shall not be in breach if performance is commenced within such thirty (30) day period and thereafter diligently pursued to completion.

ARTICLE 9. SEVERABILITY.

The invalidity of any provision of this Rental Agreement, as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision of this Rental Agreement.

ARTICLE 10. DAYS.
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Unless otherwise specifically indicated to the contrary, the word “days” as used in this Rental Agreement shall mean and refer to calendar days.

ARTICLE 11. TIME OF ESSENCE.

Time is of the essence with respect to the performance of all obligations to be performed or observed by the Parties under this Rental Agreement.

ARTICLE 12. NO PRIOR OR OTHER AGREEMENTS.

This Rental Agreement contains all agreements between the Parties with respect to any matter mentioned herein, and no other prior or contemporaneous agreement or understanding shall be effective.

ARTICLE 13. NOTICES.

13.1 Notice Requirements. Any notice, demand, request, consent, approval, or communication that either Party desires or is required to give to the other Party or any other person shall be in writing and either served by certified mail or by reputable overnight delivery service (and the phone numbers and email addresses provided below are for convenience, and not for purposes of legal notice). Any notice, demand, request, consent, approval, or communication that either Party desires or is required to give to the other Party shall be addressed to the other party at the address set forth below. Either Party may change its address by notifying the other Party of the change of address.

Notice shall be deemed communicated two (2) business working days from the time of mailing or delivery to the applicable delivery service for next business day delivery.

Landlord:

City of Banning
99 East Ramsey Street
Banning, California 92220-0998
Attention: Douglas Schulze, City Manager
Tel. (951) 922-4860
Email: [email protected]
Tenant:

Absolute Kids nonprofit sponsor circus royal spectacular 4382 Tequesquite Ave. Riverside, CA 92501
Riverside, California 92501
Attention: Andrea T. Caro
Tel.: (323) 382-8541
Email: [email protected]
ARTICLE 14. WAIVERS.

14.1 No waiver by a Party of the Default or Breach of any term, covenant or condition hereof by the other Party, shall be deemed a waiver of any other term, covenant or condition hereof, or of any subsequent Default or Breach of the same or of any other term, covenant or condition hereof. 409
Landlord’s consent to, or approval of, any act shall not be deemed to render unnecessary the obtaining of Landlord’s consent to, or approval of, any subsequent or similar act by Tenant, or be construed as the basis of an estoppel to enforce the provision or provisions of this Rental Agreement requiring such consent.

14.2 The acceptance of the Rent by Landlord shall not be a waiver of any Default or Breach by Tenant. Any payment by Tenant may be accepted by Landlord on account of moneys or damages due Landlord, notwithstanding any qualifying statements or conditions made by Tenant in connection therewith, which such statements and/or conditions shall be of no force or effect whatsoever unless specifically agreed to in writing by Landlord at or before the time of deposit of such payment.

14.3 THE PARTIES AGREE THAT THE TERMS OF THIS RENTAL AGREEMENT

SHALL GOVERN WITH REGARD TO ALL MATTERS RELATED THERETO AND HEREBY

WAIVE THE PROVISIONS OF ANY PRESENT OR FUTURE STATUTE TO THE EXTENT THAT SUCH STATUTE IS INCONSISTENT WITH THIS RENTAL AGREEMENT.

ARTICLE 15. NO RIGHT TO HOLDOVER.

Tenant has no right to retain possession of the Site or any part thereof beyond the expiration or termination of this Rental Agreement. Nothing contained in this Rental Agreement shall be construed as consent by Landlord to any holding over by Tenant.

ARTICLE 16. CUMULATIVE REMEDIES.

No remedy or election under this Agreement shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.

ARTICLE 17. COVENANTS AND CONDITIONS; CONSTRUCTION OF AGREEMENT.

All provisions of this Rental Agreement to be observed or performed by the Parties hereto are both covenants and conditions. In construing this Rental Agreement, all headings and titles are for the convenience of the Parties only and shall not be considered a part of this Rental Agreement. Whenever required by the context, the singular shall include the plural and vice versa. This Rental Agreement shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if both Parties had prepared it.

ARTICLE 18. ATTORNEYS’ FEES.

If any Party brings an action or proceeding involving the Site whether founded in tort, contract, or equity, or to declare rights under this Rental Agreement, the Prevailing Party (as hereafter defined) in any such proceeding, action, or appeal thereon, shall be entitled to reasonable attorneys’ fees. Such fees may be awarded in the same suit or recovered in a separate suit, whether or not such action or proceeding is pursued to decision or judgment. The term “Prevailing Party” shall include, without limitation, a Party who substantially obtains or defeats the relief sought, as the case may be, whether by compromise, settlement, judgment, or the abandonment by the other Party of its claim or defense.

The attorneys’ fees award shall not be computed in accordance with any court fee schedule, but shall be such as to fully reimburse all attorneys’ fees reasonably incurred. In addition, Landlord shall be entitled to attorneys’ fees, costs, and expenses incurred in the preparation and service of notices of Default and consultations in connection therewith, whether or not a legal action is subsequently 410
commenced in connection with such Default or resulting Breach (Two Hundred Dollars ($200) is a reasonable minimum per occurrence for such services and consultation).

ARTICLE 19. LANDLORD’S ACCESS; SHOWING SITE; REPAIRS.

Landlord and Landlord’s agents shall have the right to enter the Site at any time, in the case of an emergency, and otherwise at reasonable times after reasonable prior notice for the purpose of showing the same to prospective purchasers, lenders, or tenants, as long as there is no material adverse effect on Tenant’s use of the Site. All such activities shall be without abatement of rent or liability to Tenant.

ARTICLE 20. CONSENTS.

All requests for consent shall be in writing. Except as otherwise provided herein, wherever in this Rental Agreement the consent of a Party is required to an act by or for the other Party, such consent shall not be unreasonably withheld or delayed. Landlord’s consent to any act, assignment, or subletting shall not constitute an acknowledgment that no Default or Breach by Tenant of this Rental Agreement exists, nor shall such consent be deemed a waiver of any then-existing Default or Breach, except as may be otherwise specifically stated in writing by Landlord at the time of such consent. The failure to specify herein any particular condition to Landlord’s consent shall not preclude the imposition by Landlord at the time of consent of such further or other conditions as are then reasonable with reference to the particular matter for which consent is being given. In the event that either Party disagrees with any determination made by the other hereunder and reasonably requests the reasons for such determination, the determining Party shall furnish its reasons in writing and in reasonable detail within ten (10) days following such request.

ARTICLE 21. QUIET POSSESSION.

Subject to payment by Tenant of the Rent and performance of all of the covenants, conditions, and provisions on Tenant’s part to be observed and performed under this Rental Agreement, Tenant shall have quiet possession and quiet enjoyment of the Site during the Term.

ARTICLE 22. SECURITY MEASURES.

Tenant hereby acknowledges that the Rent payable to Landlord hereunder does not include the cost of guard service or other security measures, and that Landlord shall have no obligation whatsoever to provide same. Tenant assumes all responsibility for the protection of the Site, Tenant, its agents and invitees and their property from the acts of third parties.

ARTICLE 23. MISCELLANEOUS
(a) Severability. Each and every section of this Rental Agreement shall be construed as a separate and independent covenants and agreements. If any term or provision of this Rental Agreement or the application thereof to certain circumstances shall be declared invalid or unenforceable, the remainder of this Rental Agreement, or the application of such term or provision to circumstances other than those to which it is declared invalid or unenforceable, shall not be affected thereby, and each term and provision of this Rental Agreement shall be valid and enforceable to the fullest extent permitted by law.
(b) Entire Agreement. This Rental Agreement constitutes the entire agreement between the Parties. This Rental Agreement supersedes all prior negotiation, discussions, and 411
agreements between the Parties concerning the subject matters covered herein. The Parties intend this Rental Agreement to be the final expression of their agreement with respect to the subjects covered herein and a complete and exclusive statement of such terms. (c) Amendment or Modification. This Rental Agreement may only be modified or amended by written instrument duly approved and executed by each of the Parties hereto. Any such modification or amendment shall be valid, binding, and legally enforceable only if in written form and executed by each of the Parties hereto, following all necessary approvals and authorizations for such execution.
(d) Governing Law; Choice of Venue. This Rental Agreement shall be governed by the laws of the State of California. Any legal action arising from or related to this Rental Agreement shall be brought in the Superior Court of the State of California in and for the County of Riverside. (e) Non-Waiver. Failure of either Party to enforce any provision of this Rental Agreement shall not constitute a waiver of the right to compel enforcement of the same provision or any remaining provisions of this Rental Agreement.
(f) Representations of Persons Executing Agreement. The persons executing this Rental Agreement warrant that they are duly authorized to execute this Rental Agreement on behalf of and bind the Parties each of which purport to represent. (g) Execution in Counterparts. This Rental Agreement may be executed in one (1) or more counterparts, each of which will constitute an original. (i) Conflict. Any conflict between the printed provisions of this Rental Agreement and the typewritten or handwritten provisions shall be controlled by the typewritten or handwritten provisions.
(j) Offer. Preparation of this Rental Agreement by either Party or their agent and submission of same to the other Party shall not be deemed an offer to Rental Agreement to the other Party. This Rental Agreement is not intended to be binding until executed and delivered by all Parties hereto.
(k) No Relocation Benefits; No Payments for Loss of Goodwill; Waiver. The Parties desire to confirm that Tenant will begin the tenancy and rent the Site after the date City acquired the Site and that Tenant’s occupancy of the Site is, will be, and shall remain as a “post-acquisition” occupant pursuant to applicable laws and regulations, including without limitation, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4601–4655, and the implementing regulations thereto set forth in 49 CFR Part 24, (ii) the California Relocation Assistance Act, Government Code Section 7260, et seq. and the implementing regulations thereto set forth in Title 25, Section 6000, et seq. of the California Code of Regulations, and (iii) any other benefits, or compensation for moving and for property interests (including, without limitation, goodwill and furnishings, fixtures and equipment, and moving expenses) (together, “Relocation Law”).

Tenant agrees and acknowledges that, without regard to the time or circumstances associated with the cessation of the Term or the use of the Site by Tenant, Tenant shall have no right to relocation assistance or benefits arising from the dispossession of the Tenant or such person or persons regardless of the circumstances thereof (including, without limitation, with respect to any improvements made to the Site) pursuant to the relocation law or other review. Tenant waives any rights to relocation benefits 412
and/or relocation advisory assistance in connection with the use of the Site or the cessation of use of the Site. The provisions of this Section are a material part of this Rental Agreement and, but for such provisions, Landlord would not have entered into this Rental Agreement. Tenant further agrees that, without regard to whether the possession of Tenant under this Rental Agreement is terminated at any time hereunder, Tenant shall not be entitled to receive any compensation for loss of goodwill; Tenant waives any rights to such remuneration.

LANDLORD AND TENANT HAVE CAREFULLY READ AND REVIEWED THIS RENTAL

AGREEMENT AND EACH TERM AND PROVISION CONTAINED HEREIN, AND BY THE

EXECUTION OF THIS RENTAL AGREEMENT SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS RENTAL

AGREEMENT IS EXECUTED, THE TERMS OF THIS RENTAL AGREEMENT ARE

COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LANDLORD AND TENANT WITH RESPECT TO THE SITE.
[Execution on following page]
413
IN WITNESS WHEREOF, the Parties hereto have executed this Rental Agreement as of the Commencement Date.
“LANDLORD”:

CITY OF BANNING,
a California municipal corporation
By:

Douglas Schulze, City Manager
ATTEST:

Caroline Patton, Deputy City Clerk
APPROVED AS TO FORM:

John Pinkney, City Attorney
“TENANT”:

ORLANDO COBOS,
By:

Orlando Cobos

414
EXHIBIT “A”

SITE MAP
(Attached.)

415
EXHIBIT “B”
TUP
(Attached.)
416
417
418
419
420
421

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Nate Smith, Deputy Director of Public Works/City Engineer Art Vela, Director of Public Works
MEETING DATE: February 25, 2025
SUBJECT: Consideration of Resolution 2025-27, Approving Final Tract Maps 37389- 4, 37389-6, and 37389 and Release the Maps for Recordation; Authorize Staff to Sign the Subdivision Improvement Agreements and Final Tract Maps; Accept Faithful Performance and Labor Bonds for Public Improvements
RECOMMENDATION:

Adopt Resolution 2025-27.

BACKGROUND:

Tentative Tract Map (TTM) No. 37389 was approved by City Council on June 22, 2021 as Resolution 2021-59. The proposed map implements the Atwell Specific Plan (also known as the Butterfield Specific Plan; “Specific Plan”) originally approved by the City Council in March of 2012, with minor modifications approved in 2017 and provides for the development as allowed by the Specific Plan.

The applicant has processed the final 3 Final Maps for portions of the approved Tentative Tract Map, as permitted by the Subdivision Map Act. The first four final maps (FM 37389-1, FM 37389-2, FM 37389-3, & FM 37388-5 were approved by City Council on September 13, 2022 with Resolution 2022-122. The final three maps are ready for approval. Final Tract Map 37389-4 subdivides Planning Area 12 with 79 residential lots and 8 street and open space lots. Final Map 37389-6 subdivides Planning Area 9A with 84 residential lots and 8 street and open space lots. Final Map 37389 subdivides Planning Area 13 with 85 residential lots and 9 street and open space lots. All three maps are consistent with the approved Tentative Tract Map and Conditions of Approval.

Prior to bringing these maps to City Council for recordation, Tri-Pointe Homes was required to obtain an Streambed Alteration Agreement from the California Department of Fish and Wildlife (CDFW) for proposed changes and impacts to the existing Smith Creek in the area to be subdivided. These agreements have been obtained and provided to the City as required in the Conditions of Approval.

Further, as these maps impact areas identified as a Zone A Floodplain by the Federal Emergency Management Agency (FEMA), the applicant was required to show that storm water flows can be mitigated to not cause flooding within the project or downstream. This is achieved by the construction of a large interim storm water detention basin north of the Southern California Edison powerline easement to reduce peak storm water flow through the project site. This was demonstrated with the preparation of a Conditional Letter of Map Approval (CLOMR) prepared and processed by the City of Banning and FEMA for the entirety of the project. The proposed interim basin was checked for consistency with the project CLOMR. Tri-Pointe Homes is continuing to work with the Riverside County Flood Control District (RCFCD), CDFW, and the Regional Water Quality Control Board (RWQCB) on the final design for the 422
Smith Creek Detention Facility that would be the replacement for the interim basin and maintained by RCFCD.

The applicant has been working with the church on Wilson Street regarding the impacts to their property due to the channelization of Smith Creek and residential lots to the north of the church property. A separate and future action regarding that parcel will be brought to Council for action. That action will include some transference of property between the entities, that have been agreed to by both parties.

Those documents are currently in technical review with the Engineering Division.

When these maps are recorded, the subdivision of Atwell Phase 2A and Tentative Tract Map 37389 will be complete.

JUSTIFICATION:

Final Maps 37389-4, 37389-6, and 37389 were checked by the City’s consulting surveyor and were found to be technically correct and conform to the requirements of the Subdivision Map Act. All Conditions of Approval required to be met prior to the recording have been met. The City Engineer has verified that the final maps are in substantial conformance with the approved TTM 37389.

FISCAL IMPACT:

There is no direct fiscal impact based on the approval of final maps. However, the recordation of the maps allows for the development of the project which will increase the assessed value of the properties resulting in an increase in property tax revenue. Additionally, the project will generate development impact fee revenues. The City’s cost for processing the project will be offset by processing fees.

ALTERNATIVES:

Do not adopt Resolution 2025-27 and provide staff with additional direction.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Resolution 2025-27, FTM 37389-4, 37389-6, AND 37389.docx

2. Reso 2025-27 Exb. A TM 37389-4.pdf

3. Reso 2025-27 Exb. B SIA TM 37389-4.pdf

4. Reso 2025-27 Exb. C TM 37389-6.pdf

5. Reso 2025-27 Exb. D SIA TM 37389-6.pdf

6. Reso 2025-27 Exb. E TM 37389.pdf

7. Att 1 - Atwell Composite Site Plan 2024_0115.pdf

8. Att 2 - Reso 2021-059.pdf

9. Att 3 - TM 37389-4 Bonds.pdf

10. Att 4 - TM 37389-6 Bonds.pdf

11. Att 5 - TM 37389 Bonds.pdf

12. Reso 2025-27 Exb. F SIA TM 37389.pdf
423
Resolution 2025-27

RESOLUTION 2025-27

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING FINAL TRACT MAPS NOS. 37389-4, 37389-6, AND 37389; AUTHORIZING

STAFF TO SIGN THE FINAL TRACT MAPS AND SUBDIVISION IMPROVEMENT AGREEMENTS; RELEASING THE FINAL MAPS FOR RECORDATION; AND ACCEPTING

THE PERFORMANCE AND LABOR AND MATERIAL BONDS FOR PUBLIC IMPROVEMENTS WHEREAS, Tentative Tract Map (TTM) No. 37388 was approved by City Council on January 10, 2023. The proposed map implements the Atwell Specific Plan (also known as the Butterfield Specific Plan; “Specific Plan”) originally approved by the City Council in March of 2012, with minor modifications approved in 2017 and provides for the development as allowed by the Specific Plan; and
WHEREAS, Final Tract Map (TM) No. 37389-4, 37389-6, and 37389 will subdivide approximately 44.43 acres of vacant land into 248 numbered lots and 25 lettered lots for street and public utility and public park purposes; and is located south of Meadowline Way and west of Highland Home Road within the Specific Plan area; and
WHEREAS, the property owner has signed a Subdivision Agreement and has submitted bonds to assure that the required improvements including street, sewer, water, and storm drain improvements are constructed; and
WHEREAS, the TM 37389-4, 37389-6, and 37389 have been deemed technically correct and that they conform to the requirements of the Subdivision Map Act and the City Engineer has verified that TM 37389-4, TM 37389-6, and TM 37389 are in substantial conformance with the approved TTM 37389.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:

SECTION 1. The City Council approves TM 37389-4, TM 37389-6, and TM 37389, copies of which is hereby attached as Exhibit “A”, Exhibit “C”, and Exhibit “E” and made part of this Resolution.

SECTION 2. The City Council approves the execution of the Subdivision Improvement Agreement to be signed by the Mayor which is hereby attached as Exhibit “B”, Exhibit “D” and Exhibit “F” and made part of this resolution.

SECTION 3. The City Council accepts the performance and labor and material bonds and authorize staff to sign the final maps
SECTION 4. The City Council directs the Administrative City Clerk to transmit TM 37389-4, TM 37389-6, and TM 37389 to the County Recorder of the County of Riverside for recordation.

SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. 424
Resolution 2025-27

PASSED, APPROVED AND ADOPTED this 25th day of February, 2025.

Sheri Flynn, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:

John Pinkney, City Attorney
425
Resolution 2025-27

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-27, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 25th day of February 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
426
Resolution 2025-27

EXHIBIT A
Final Tract Map 37389-4
427
Resolution 2025-27

EXHIBIT B
Subdivision Improvement Agreement for Final Tract Map 37389-4 428
Resolution 2025-27

EXHIBIT C
Final Tract Map 37389-6
429
Resolution 2025-27

EXHIBIT D
Subdivision Improvement Agreement for Final Tract Map 37389-6 430
Resolution 2025-27

EXHIBIT E
Final Tract Map 37389
431
Resolution 2025-27

EXHIBIT F
Subdivision Improvement Agreement for Final Tract Map 37389 432
433
434
435
436
437
438
439
440
441
442
443
444
445
446
447
448
449
450
451
452
453
454
455
456
457
458
459
460
461
462
463
464
465
466
467
468
469
470
471
472
473
474
475
476
477
478
479
480
481
482
483
484
485
486
487
488
489
490
491
492
493
494
495
496
497
498
499
500
501
502
503
504
505
506
507
FAULT

SETBACK
FAULT

SETBACK

CITY OF BANNING CITY OF BANNING
1A
1B
2A
3B
3A
2B
4B
4A
4A

SCE CORRIDOR

EARTHQUAKE

EARTHQUAKE
K
N
I
GSWEL
AV
E.

WILSON STREET HIGHLAND SPRINGS AVENUE
DRIVE

LANDMARK WAY

LANDMARK WAY
APEX STREET APEX ST.

WAY MARIAN

SUNDANCE

STARLIGHT
8TH HIGHLAND HOME ROAD

HIGHLAND HOME ROAD

COUGAR WAY
AVENUE

HIGHLAND HOME ROAD
"F" STREET
"F" STREET

MEADOWLINE WAY
STREET

DISCOVERY WAY
APEX
WAY
DRIVE
AVENUE
STREET

BROOKSIDE

GILMAN STREET

HOFFER STREET

CREEKSIDE AVENUE
PA 73

44.35 AC
PA 20

20.00 AC
PA 18
PA 4 (& 9B)
120 DU
PA 2A
PA 17

12.87 AC
60 X 100
55 X 100

13.55 AC

20.40 AC
PA 3
PA 1A

19.21 AC
PA 1B

12.65 AC
55 X 100
PA 9A

18.68 AC
47 X 75
PA 12

12.12 AC
45 X 100
PA 5A

19.13 AC
60 X 100
(& 9C)

23.35 AC
PA 11

24.63 AC
47 X 100
PA 8A (& 8B)

26.21 AC
60 X 100
PA 7 (& 50B)

27.21 AC
55 X 100
PA 6 (& 2B)

22.60 AC
47 X 75
PA 13 (& 5B)

13.04 AC
50 X 100
PA 47A

14.51 AC
60 X 100
PA 48A

18.61 AC
45 X 100
PA 53 (&49B)

24.00 AC
55 X 100
PA 46

26.93 AC
45 X 100
PA 47C

18.80 AC
PA 49A
55 X 100
PA 43

21.34 AC
50 X 100
PA 42A

21.86 AC
55 X 100
PA 56A

15.74 AC 45 X 100
PA 54 (& 55A)

30.73 AC
60 X 100
PA 57

22.04 AC
50 X 100
PA 58

22.69 50 X 100
PA 50A

24.69 AC
45 X 100
PA 51

19.70 AC
PA 68
50 X 100
PA 52A

27.36 AC
50 X 100
PA 41 (&42B)

29.67 AC
60 X 100
PA 40 (&44B)

32.69 AC
45 X 100
PA 45 (& 47B)

35.09 AC
55 X 100
PA 44A

22.38 AC
55 X 100
PA 59

21.70 AC
PA 34
PA 71

23.00 AC

13.28 AC
PA 36

10.27 AC
PA 37

15.38 AC
PA 35C

6.25 AC
PA 38

19.62 AC
PA 63

8.12 AC
PA 35E

26.84 AC
PA 39

4.27 AC

13.12 AC

17.77 AC

6.21 AC
60 X 100
PA 52B

5.16 AC

26.00 AC
132.55 AC
PA 64

11.76 AC
PA 74

17.77 AC

SUB-STATION
PA 30

0.64 AC
PA 31

0.50 AC
PA 65

4.61 AC
PA 35F

8.90 AC
PA 35E
PA 35D 10.64 AC
PA 19

9.98 AC
PA 22 2.14 AC
PA 24

2.20 AC
PA 26

0.91 AC
PA 62

1.91 AC
PA 28

0.51 AC
PA 23

16.49 AC
45 X 100
57 DU
86 DU
84 DU
79 DU
100 DU
94 DU
137 DU
112 DU
106 DU
85 DU
69 DU
74 DU
122 DU
118 DU
94 DU
97 DU
102 DU
68 DU
147 DU
82 DU 103 DU
111 DU
94 DU
108 DU
142 DU
135 DU
198 DU
101 DU
98 DU
19 DU
PA 25
PA 66

15.56 AC

6.67 AC
PA 35A 10.14 AC
BASIN

DETENTION
BASIN

DETENTION
50 X 100
(& 56B)

21.61 AC
91 DU

SMITH CREEK
BASIN

DETENTION
(OPTIONAL FIRE

STATION SITE)
PA 72

1.73 AC

POTABLE
WATER

RESERVOIR

POTABLE
WATER

RESERVOIR

CHANNEL

SMITH CREEK

CHANNEL
BASIN

DETENTION
142 DU
44 X 74
44 X 70

SMITH CREEK
PA 27

0.87 AC
PA 69

5.17 AC
PA 67

2.42 AC

UNITS LINE
PA 64
PA 55B
47 X 75 174 DU
107 DU
109 DU
MDR

LIMITS OF DWELLING
35A
PA 34
PA
BASIN

WATER QUALITY

SITE PLAN ABOVE
FOR PA 42A & 43

SEE ALTERNATE

POTABLE WATER RESERVOIR

MEADOWLINE
ATWELL

OAK VALLEY

PARKWAY
(OPTIONAL
PARK
PA 29

2.01 AC
PA 15A

15.04 AC
PA 33

0.51 AC
44 X 74
117 DU
PA 15B

16.29 AC
PA 32

0.57 AC
50 X 100
78 DU
PA 75
PA 35B

13.98 AC
PA 21A

2.00 AC
47 X 75
PA 14

25.67 AC
165 DU
55 X 100
PA 16B

16.55 AC
72 DU
45 X 100
PA 16A (&48B)

20.32 AC
98 DU
PA 21B

2.07 AC
"D" STREET BASIN

WATER QUALITY
PA 10
SITE)
T

HOMPSON
AV
E.

WORKS
LOT 2.0 AC

PERSHING
PUBLIC
BASIN

WATER QUALITY

HIGHLAND HOME ROAD HIGHLAND SPRINGS AVENUE
PA 43

SCHOOL SITE
50 X 100
PA 42A

23.33 AC
99 DU
PA 35F

8.01 AC
PA 71

26.15 AC

21.52 AC

CITY OF BANNING, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA

COMPOSITE SITE PLAN
SHEET 1 OF 1
ATWELL
MDS File: 89400 ATWELL EXH-COMP SITE.dwg
Plot Scale: 1" = 1" Dwg Scale: 1' = 120'
Plot Date: 01.15.2024 4:22:48 PM By: station178
MDS Proj. Data: I:\89400\PLANNING\Exhibits\Site Plans
Created: 01.15.2024 09:34:47 AM Author: MDS
Last Edit: 01.15.2024 10:09:06 AM By: Station178
PREPARED BY:
( IN FEET )
1 inch = ft. 250

GRAPHIC SCALE
250 0 125 250 500 100

A T W E L L

PRELIMINARY
PA 42A & 43

ALTERNATE SITE PLAN

WILSON STREET CHERRY VALLEY

BEAUMONT
INTERSTATE 10
RAMSEY STREET HIGHLAND SPRINGS AVE. BOULEVARD HIGHLAND HOME RD.

COUNTY OF

RIVERSIDE

BANNING
8TH STREET
6TH STREET
SUN LAKES BLVD.

WESTWARD AVE.

BROOKSIDE AV.

DUTTON STREET BELLFLOWER AV.

SUNSET AV.

LINCOLN ST. PENNSYLVANIA AV. SAN GORGONIO AV. N HARGRAVE ST.

MORONGO RD.

E GEORGE ST.

INTERSTATE 10
OAK VALLEY PRKY.PALM AV. BEAUMONT AV.

LAMB
CANYON RD.
60 VICINITY MAP
10 22ND
ST.

NOT TO SCALE
10 PROJECT
SITE

MM M M MM
M
M
M
M
M
M
M
M
M
DATE PREPARED: JANUARY 15, 2024

P L A N N E R S E N G I N E E R S S U R V E Y O R S
(949) 251-8821
5 PETERS CANYON ROAD
SUITE 305
IRVINE, CA 92606
WWW.MDSCONSULTING.NET
1250 Corona Pointe Court
Suite 600
Corona, CA 92879
(951) 428-4400
PREPARED FOR:

PHASE
1A
TOTAL

DWELLING UNITS
479
4,295

DWELLING UNIT SUMMARY

SUBTOTAL
11 4 (& 9B)
49A
15A

LAND-USE SUMMARY

13.28 17.77

ACREAGE PRODUCT TYPE UNITS

24.63 15.04

17.77 44 X 70 (AVE. W=43.5')
MDR

PLANNING AREA
5A
2A
14 47C
45 (& 47B)
51 53 (& 49B)

SUBTOTAL
13 (& 5B)
12 41 (& 42B)
42A
50A
47A
55B (& 56B)
52A
58 SUBTOTAL 178.67 804
1A
6 (& 2B)
43 9A
46 44A
56A

SUBTOTAL
1B
7 (& 50B)
10 (& 9C)
48A
40 (& 44B)
57 SUBTOTAL 141.71 573

OPEN SPACE
PARKS

COMMERCIAL

SCHOOL SITES

BACKBONE ROW
TOTAL AREA 1523.36
45 X 100
45 X 100
47 X 75
45 X 100
45 X 100
45 X 100
45 X 100
60 X 100
55 X 100
60 X 100
55 X 100
47 X 75
60 X 100
55 X 100
47 X 75
55 X 100
55 X 100
45 X 100
60 X 100
55 X 100
50 X 100
60 X 100
55 X 100
50 X 100
60 X 100
55 X 100
50 X 100
50 X 100
50 X 100
50 X 100
50 X 100

20.40 19.13

25.67 35.09

18.80 19.70

24.00 12.12

13.04 29.67

21.86 14.51

24.69 27.36

21.61 22.68

19.21 22.60

18.68 21.34

22.38 26.93

15.74 12.65

27.21 23.35

32.69 18.61

22.04 120
100
94 94
79 85
69 111
86 106
84 118
57 112
94 74
142
101
135
122
108
198
102
103
91 97
68 82
165
15B 16.29

GRAND TOTAL
54 (& 55A) 30.73 45 X 100 147
52B 5.16 60 X 100 19
107
174
142
78 117
142
3 16.49 47 X 75 109
59 21.70 55 X 100 98
SUBTOTAL 67.32 438
8A (& 8B) 26.21 47 X 100 137
SUBTOTAL 26.21 137
SUBTOTAL 52.95 398
44 X 74 (AVE. W=43.5')
44 X 74 (AVE. W=43.5')
50 X 100
1B 355
2A 616
2B 530
3A 576
3B 619
4A 430
4B 690
NOTE:

PA 49A MDR PLANNING AREA SITE
PLANS TBD. ESTIMATED DWELLING
UNIT TOTALS SHOWN FOR EACH.

POTABLE WATER RESERVOIR SIZES
SUBJECT TO CHANGE.

LEGEND:

PHASE BOUNDARY

PLANNING AREA

BOUNDARY
3A PHASE NUMBER

M MODEL LOTS
16B 16.55 72
185.13 830
16A (& 48B) 20.32 98
188.17 973
857.93 4,295

73.62 33.12

35.87 82.30
440.52
M
M
M
M
M
M
M
M
M
508
RESOLUTION 2021-59

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,

MAKING AN ENVIRONMENTAL DETERMINATION UNDER CEQA AND APPROVE TENTATIVE TRACT MAP NO. 37389, A SUBDIVISION OF APPROXIMATELY 152.47 GROSS ACRES OF VACANT LAND FOR PURPOSES OF CREATING 616 SINGLE FAMILY LOTS, 2 LOTS FOR PARKS, ONE LOT FOR A POTENTIAL WELL SITE OR PARK, 30 OPEN SPACE LETTERED LOTS ( INCLUDING RECREATION AND

DRAINAGE), PRIVATE COMMON DRIVES AND PUBLIC STREETS, ON REAL

PROPERTY LOCATED NORTH OF WILSON STREET AND EAST OF HIGHLAND

SPRINGS AVENUE WITHIN THE SOUTHWESTERLY PORTION OF THE BUTTERFIELD SPECIFIC PLAN (APNS: 408-120-024, 408-120-038, 408-120-040, AND PORTIONS OF 408-120-018, 408-120-042)
WHEREAS, an application for Tentative Tract Map No. 37389, attached hereto as Exhibit "A," to subdivide approximately 152.47 gross acres of vacant real property into residential, park, and open space lots, along with private common drives and public streets (the "Project"), has been duly filed by:

Project Applicant: Tri Pointe Homes
1250 Corona Pointe Court, # 600
Corona, CA 92879
Property Owner: Tri Pointe Homes
1250 Corona Pointe Court, #600
Corona, CA 92879
Parcel Address: North of Wilson Street, east of Highland Springs Avenue
APNs: 408-120-024, 408-120-038, 408-120-040, and portions of408-120-018, 408-120-042
Lot Area: Approximately 152.47 gross acres;
WHEREAS, pursuant to Title 16 of the Banning Municipal Code, the Planning Commission has the authority to review and make recommendations to the City Council concerning Tentative Tract Map 37389;
WHEREAS, on June 2, 2021, the Planning Commission held a duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to, proposed Tentative Tract Map 37389. Following the receipt of public testimony, the Planning Commission closed the public hearing. Following a discussion of the Project, the Planning Commission voted to recommend that the City Council approve proposed Tentative Tract Map 37389 by adopting Planning Commission Resolution 2021- 06; and
Resolution 2021-59

509
WHEREAS, the Community Development Department has evaluated the Project' s potential effects on the environment as required under the California Environmental Quality Act (" CEQA") ( Cal. Pub. Res. Code, § 21000 et seq.) and determined that potential impacts associated with proposed Tentative Tract Map No. 37389 were adequately analyzed under the previously approved Final Environmental Impact Report for the Butterfield Specific Plan project ( SCH No. 2007091149) and that pursuant to CEQA Guidelines Section 15162 no further environmental analysis is required; WHEREAS, in accordance with Government Coce Sections 66451.3, 65090 and 65091, on June 11, 2021 the City gave public notice, by advertisement in the Record Gazette Newspaper, and by mailing to the owner ofthe subject real property, the owner's duly authorized agent, the Project applicant, and property owners within 300 feet of the Project site, of a public hearing concerning the Project; and WHEREAS, in accordance with Banning Municipal Code Section 16.12.080, on June 22, 2019, the City Council held a public hearing at which time interested persons had an opportunity to testify in support of, or opposition to, the Project, and at which the City Council considered Tentative Tract Map 37389.

NOW THEREFORE, the City Council of the City of Banning does hereby resolve, determine, find, and order as follows:

SECTION 1: California Environmental Quality Act and Multiple Species Habitat Conservation Plan Findings. The City Council ofthe City ofBanning makes the following environmental findings and determinations in connection with the approval ofthe Project:

A. Pursuant to the California Environmental Quality Act ("CEQA") ( Cal. Pub.

Res. Code, § 21000 et seq.), the State Guidelines ( 14 Cal. Code Regs. § 15000 et seq.), and the City's Local Guidelines, City staff has considered the potential environmental impacts ofTentative Tract Map No. 37389. City staff has also reviewed the previously certified Environmental Impact Report ( EIR) for the Butterfield Specific Plan project ( SCH No. 2007091149), including the impacts and mitigation measures identified therein, and reviewed the EIR in accordance with CEQA for the Project.

Based on that review, the City ofBanning Planning Division has determined that the Project and the circumstances under which the Project is undertaken do not involve substantial changes which will result in new significant environmental effects, and that the Project does not involve new information of substantial importance which shows that the Project will have significant effects not discussed in the prior EIR. All potential environmental impacts associated with the Butterfield Specific Plan and Tentative Tract Map No. 37389 are adequately addressed by the prior EIR.

B. The City Council has independently reviewed the Planning Division's determination, and based upon the whole record before it, the the Planning Division's determination, and its independent review and judgment, finds that that the Project is not subject to further environmental review pursuant to the Guidelines because: ( 1) the Project and the circumstances under Resolution 2021- 59

510
C.

D.
which the Project is undertaken do not involve substantial changes which will result in new significant environmental effects, and that the Project does not involve new information of substantial importance which shows that the Project will have significant effects not discussed in the prior EIR; and ( 2) all potential environmental impacts associated with Butterfield Specific Plan and the proposed Tentative Tract Map 37389 are adequately addressed by the prior EIR.

The custodian of records for the prior EIR, and all other materials that constitute the record of proceedings upon which the City Council's recommendation is based, is the Planning Division of the City of Banning.

Those documents are available for public review in the Planning Division located at 99 E. Ramsey Street, Banning, California 92220.

Multiple Species Habitat Conservation Plan { MSHCP). The Project EIR's mitigation measures, including submittal of a Determination of Biologically Equivalent of Superior Preservation ( DBESP), ensure consistency with the Western Riverside County MSHCP. These mitigation measures will be incorporated into future development approvals as required by the Project Mitigation Monitoring and Reporting Program to ensure consistency with the MSHCP.

SECTION 2: Findings for Recommendation of Approval of Tentative Tract Map 37389. The City Council of the City of Banning does hereby find and determine that Tentative Tract Map 37389 should be approved because:

A. Finding: Tentative Tact Map No. 37389 is consistent with the objectives, policies, general land uses, and programs specified in the City's General Plan and the Butterfield Specific Plan.

Findings of Fact:

The General Plan land use designation for the site is classified as Specific Plan; the Butterfield Specific Plan includes land use designations of Low Density Residential, Medium Density Residential, Open Space, and Parks uses within the proposed Project area. The proposed Tentative Tract Map No. 37389 is consistent with the City's General Plan in that as it will provide for a range of housing types, parks, and open space as envisioned by the General Plan's Land Use element and an efficient transportation system as envisioned by the General Plan's Circulation element. It is consistent with the Butterfield Specific Plan as it provides for land uses consistent with those designated for the Project area by the Specific Plan land use map. As such, the proposed Tentative Tract Map No. 37389 is consistent with the objectives, policies, general land uses, and programs specified in the City's General Plan and the Butterfield Specific Plan.

B. Finding: The design and improvement of the subdivision proposed under Tentative Tract Map No. 37389 is consistent with the City's General Plan and the Butterfield Specific Plan.

Resolution 2021-59

511
Findings of Fact:

The design and improvement ofthe proposed subdivision is consistent with the City's General Plan and the Butterfield Specific Plan in that it will provide for a range of housing to meet the needs of the City's residents, and an efficient transportation system as envisioned by the General Plan, and is designed to meet City standards, including providing satisfactory pedestrian and vehicular circulation, emergency vehicle access and on site improvements, such as streets, utilities, and drainage facilities consistent with the Specific Plan.

C. Finding: The subject site is physically suitable for the type of development proposed under Tentative Tract Map No. 37389.

Findings of Fact:

The Project site transitions from relatively flat land at the northeast corner of Highland Springs Avenue and Wilson Street to the foothills of the San Bernardino Mountains. Major access to the Project site is provided by Highland Springs Avenue and Wilson Street. Analysis of the Project site relative to the physical suitability of the site for development was included in previous approvals for the Butterfield Specific Plan and the site is physically suitable for the proposed development as allowed under the Butterfield Specific Plan.

D. Finding: The site is physically suitable for the proposed density of development under Tentative Tract Map No. 37389.

Findings of Fact:

The Project site transitions from relatively flat land at the northeast corner of Highland Springs Avenue and Wilson Street to the foothills of the San Bernardino Mountains. Major access to the site is provided by Highland Springs Avenue and Wilson Street. Analysis of the Project site relative to the physical suitability for density of development was included in the approvals for the Butterfield Specific Plan, and the proposed number of dwelling units is lower than that allowed under the Butterfield Specific Plan.

E. Finding: The design of the subdivision and improvements proposed under Tentative Tract Map No. 37389 is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

Findings of Fact:

Potential environment issues associated with the proposed Tentative Tract Map No. 37389 were analyzed in the previously certified Environmental Impact Report for the Butterfield Specific Plan project ( SCH No. 2007091149), as amended by the Addendum approved by the City Council in February 2017. With the imposition of mitigation measures, the Project will not have a significant effect on biological resources. There have been no substantial changes in the Project, nor in the circumstances under which Resolution 2021-59

512
the Project is undertaken, that will require major revisions of the prior certified EIR; nor is there new information that shows that the Project will have a significant environmental effect or an effect more severe than originally thought. Therefore, the proposed Tentative Tract Map No. 37389 is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

F. Finding: The design of the subdivision and improvements proposed under Tentative Tract Map No. 37389 is not likely to cause serious health problems.

Findings of Fact:

The proposed Tentative Tract Map No. 37389 is in conformance with the City's General Plan, Zoning Ordinance, and Subdivision Ordinance and the Butterfield Specific Plan, and the Project has been conditioned to comply with all applicable Specific Plan requirements and requirements ofthe City's ordinances, codes, and standards. In addition, the design and construction of improvements are conditioned to be in conformance with adopted City street and public works standards. The City's ordinances, codes, and standards have been created based on currently accepted standards and practices for the preservation ofthe public health, safety, and welfare.

G. Finding: The design of the subdivision and improvements proposed under Tentative Tract Map No. 37389 will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

Findings of Fact:

Tentative Tract Map No. 37389 does not conflict with any easements for access through or use of property within the proposed subdivision.

H. Finding: The design of the proposed Tentative Tract Map No. 37389 provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.

Findings of Fact:

Tentative Tract Map No. 37389 does not propose any design features that would conflict with future passive or natural heating or cooling opportunities.

SECTION 3: CITY COUNCIL ACTION - Approval of Tentative Tract Map 37389 with Conditions. Based on the foregoing the City Council ofthe City ofBanning approves Tentative Tract Map 37389, attached hereto as Exhibit "A," a subdivision ofapproximately 152.47 gross acres into 616 single family lots, 2 lots for parks, one lot for a potential well site or park, 30 open space lots, common private drives and public streets on real property located north of Wilson Street and east of Highland Springs avenue within the southwesterly portion ofthe Butterfield Specific Plan (APNs: Portions of408-120-024 408- 120-038, 408-120-040, and portions of 408-120-018, 408-120-042), subject to the recommended Conditions ofApproval attached as Exhibit "B".

Resolution 2021-59

513
PASSED, APPROVED, AND ADOPTED this 22 nd day of June 2021.

ATTEST:

City of Banning

APPROVED AS TO FORM AND
LEGAL CONTENT:

Kevin G. Ennis, City Attorney
Richards , Watson & Gershon
Resolution 2021- 59

Colleen Wallace , Mayor
City of Banning
514
CERTIFICATION:

I, Caroline Patton, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2021- 59, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 22nd day of June 2021 by the following vote, to wit:

AYES: Council Members Hamlin, Happe, Pingree, Sanchez , and Mayor Wallace.

NOES:

ABSENT:

ABSTAIN:

Resolution 2021- 59

Caroline Patton, ty City Clerk
City of Banning, California
515
Exhibit "A"
Tentative Tract Map No. 37389
516
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l!. ~Jf!EABloecutlt. mlr. O- l!ffl! S.':::!.' DEStlf' PII. UEt~ 1'! 11tt.: 1.mllll' I.K J. Ol£' S,~-(! 8i. J$ ffll~ 31') 1190., iUl' Ji,& V.;. lllE' lllUUHfCt. UTEAll<. l.

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l. ~l'I/At: 1!$ fU:: lt't5-. au.! 1£111, 1.TqarlftMQtf~ fK'f'Elt, t{"D,i .... .., ... t, J,U.Fl!C!' 05! 0COIMIQ' llo;f.UNl.ei'MSlE'ff.1;1"'! m.tTIIA.l'ARE,,r:.tTE.w:!JiN.il.l.lf l'l.t,UfftJEWA' llP! Ct,El)~ I.SSOali' flCk
JI~ FIOOSmilfll. SITT: tOl'! lfSIIAl. 1.BEOlNOOOr. w'fl'~~t',£QllQ'! I,.~ ffa"()Sm ... ' EU. S?EL(ltf! 711lVN.$ 0&! USSIA, SAAl< ll'OO~ PW.! lffl'ME\ l~AWEl.. i. sr. t ~ WWJlUOi\ liS- 4- 0WM. IMtllYAA.~ IUlA
l
i
ATWELL ~
PREtPAREDFOR: • t Gioi1 ______ -_--_--_-_ PHASE 2A / TENTATIVE TRACT NO, 37389 g I 11
ri po1n e' ..... ::::--- P.A.'s SA, 5B, 9A, 9C, 10, 11, 12, 13, 19, 27, 28, 29, 30, 35A ~ HOME s "'""" , .... ::::·".,:=~· TENTATIVE TRACT MAP ~
CITY OF BANNING, COUNTY OF RIVERSIDE, STATE O5FHECETAL12FO0RFN11A7 ~ DA1"' NO. " • ~ i.:::==============:.. ______ .,.::":!':!' l.:•::U:;:••:::«:,:o ________________________________________________________ -=~.!!:~!' l:~~-==•~~-:. o!li:M~---===~D., 519
t.~'~.c:·

HIGHLAND HOME ROAD (PUBLIC)

MODIRED MAJOR HIGH' IIAV)
t«lf' ITH~~~ Sm!:El)
i;-::'t • .-----~~-----+- t----------~---""-.. .,.-... -.-,,-----....

N,,. I
pV""" = ' 1'· ., .
l-:--.91\l"tf;
I ,~ • ..,. I

HIGHLAND HOME ROAD (PUBLIC)

MOOIFIEOMAJORHIGH' IIAY)
Gll... f,,U,N STREETTO lfCFFE.!' t SmEET}
Y.l'.£.-•R';'

HIGHLAND HOME ROAD (PUBLIC)
iMOOIFIED M4JOO HIGWNAVJ
MOff' EEl STREET TO \\ 1lSON STREET)
v.;,,1-•,.-~
11 f~l';.:l !,
I'. 'K', 'L', 'GG', 'UU' AND 'X' STREETS (PUBLIC)
lf,,'EIOHBORHOODENTRY)
f"i,:,.w, U<::.: Se. lC! H.Y,'~ 1-Et. C' tWk
v,u~.~~~~~) J~", 1;,1h;
SC,1,1.f.t°-!'.;

TYPICAL SIDE-YARD SLOPE SECTION
cc~~~ ilE. A~)
R,-#' E' i!>,C,, S,..-- i::,;
520
PLANNING AREA 5A ( MDR)

LOT AREA SUMMARY
LOTS 147-195 & 229-279
lot l01MIEA PADUfA
IQ,",) ( IQ.Fl)
150 4.959 4,$1B lM SA! ill .....
1$3 ",' 51l 4.613
on m
I-+--+---<
1$ 7 , l,ISQ kl &! 11511 e. tts
1J7 U?I
11-.341l U26
112 6Jl74
a, 6. 7 5 11- 572
t-+--+---<
SJ!! 4 11. 214 USS 7771

6..317 6-117

PLANNING
AREA5B
MDR)

LOT AREA

SUMMARY
LOTS31- 3B
61-85 AND 81-8$
I.fl llllWA PQJ. 19
llll, fTJ ( IQ.FT)
ll Ul2 4.21!: ,. .....
ll , t, SO! I 425C
n S,100
81 4,170
PLANNING AREA 13 ( MDR)

LOT AREA SUMMARY
LOTS 1•30,39- 80166• 80
Ul't UIMU. PAll& IU. Ul1' Ut,_,, NIIWI
tsQ.nJ ! H.flt • ( ICl. n. t CSG.f'IJ
5164 5, 764 41 31' til ! J76i
2- t.mo1. m « 3..166
3 4.& 55 4.655 " 41 U' lS 4-801
46 5."82
l-+--1--- 1
47 UM

5. JII 5,: na < It U33 . l!OO
9 U, 58 /;, 2611 51 11213
ot.051 U $. C!lli 4.3SI
l-+--1--- 1
13 "™ l.,l'U ~ on J]lli

3. m ! la . cn1
l-+--1--- 1
l$ U9oO 3,194. ,, llH
1• . case uu " .._ 155-
n 1. 111 !'. a10 s, , ux ,. m
10J: S2 80 5.C1'
l-+--1---- 1
111 ! l.,lil2 1,3!112 M $, 1!1& 4.5"
20 Ult l.83~ lif Ul" 4 U1< t
68 a: i:11
U 3160 3. 76'> Ill 5.$7$

3.7~ l'CI OK · UC$
l-+--1--- 1

2.1 3iEO , 3. 76( 1 71 1-346
l.160 n • m
l-+--1--- 1
3 : UeO 3. iM n USl 4.M
27 1TilO UfiO 74 " m
la 1rc0 l,ifill ~ 0511 6.11/; 6
n 4h32 ::,.~ n. 5ll'f
4• 36! 11 llUt 80 _., oe 4Q411
ol2 ' 16- 18

RESIDENTIAL LOT SUMMARY
PLANNING AREA 9A ( LDR)

LOT AREA SUM MARV
LOTS3SM42
tar lOtlllfA Nlll. 1! 0 LDT LITAIIU HIIAIU
llll,rt.) ( IQ. fl) # ( 111. FTJ ~ UI)
351 6.516' UIS 4t2 1, 1se 65G4

1.,1"3 ~
1--- 1
361 UN $ 92il 5. 726 572$
362 S.MS 4C5 U3C
Uttl 6,21! J, ¢ 7 U31. 5.830
3' IS $. SN $ 15i1
Ol2 7J) 82
3611 e.1116 51$ 3 U41 7,7119
7,28!
6132 ... ,,.
s. rn s.m
1'73 85Q 41$ UIS
l-+--+---1
11! itl6 420 9,7611
1--+-->--- t
5411 < Q2

81.1 081
t--..,-+---+--,.-,.- 1
7,2111 8,501
SU 0,459 811' ~ 5t67 $ 567 ....
l'J&a 429 am
I--+-->-__,
3t5 UM B. m

8.$ 79 1,353 1341

PLANNING
AREA9C
LDR)

LOT AREA

SUMMARY
LOTS 98-118 &
127-133
lOT lllURU PJOAIU
ian, 1 f111.ffl
PLANNING AREA 10 ( LDR)

LOT AREA SUMMARY
LOTS 86-98, 111MH, 134,,146 & 198-228
l:l : i_,: ':.~
M l'-276 7.ffl
at 7,2:IO 1.m
lGI' UIIAIIL\ tADMD
SLR, I dUIJ
f'7 U21 6,52$
t1,3tl 7,fJ(}'l.
86 7.228 7,228 7. alol 7,: 12)
8* 7226 7,ffll 200 7,05, 7 1,391
QQ 7,19, 1 7,11M 201 5971
91 U04 a.CIO
1~ 12, ISS 21)3 1~ 1U 10. fn
S..\ i.SOl U18 204 1! 823 I.Ul
94 S,M3 15, ffl 20!!'
l-+--1--- 1
H Ui-1- 6,.9iM ffii US1 UC7 -
117 5874 6,l?C 2'l$ IIIOO 1,321
t2C 15Pl 6,$18 7,237 S. ffl
U49 6. 439
l22 a,-520 a,22'! 1 213 1Zfl56 1,:m ., ..
1,Gall V$
1--+-->--- t
1,- w. use . .,,
1'-396 UM 22( l 7~1 U'!' S
Ute $. 977
t--"'-+--1--••_n-! m ! lftll 1.510
PLANNING AREA 12 ( MDR)

LOT AREA SUMMARY
LOTS2llo- 358
re ': SOL-:
no e.nt s.n1 .....
l1JT UITAREA PAURU
1111, Fl) 1$ 1. ff) .... ....,
4,171'
4077 "- P!' ttll 6.952: 6. 113
m "~ m en1 •. 911
S.587 . 5,587
l-... -'-+-- 1--""-- t 334 - U)73 •. D'l
303 532 4!$86 S.3 Ut! il l..1153
ssu ~ m 35? ote . tma .,,,.
i
ATWELL ~
PREPAREDFOR: PREPAREDBY: PHASE 2A / TENTATIVE TRACT NO. 37389 t.:

I 11
tripointe· Rt·Jj·::::., P.A.'s SA, SB, 9A, 9C, 10, 11, 12, 13, 19, 27, 28, 29, 30, 3SA ~ H Q M E S " mm ••• o,m, "" m•• AREA SUMMARIES ~
CITY OF BANNING, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA ~ L·=:::::::::·::::::·===:::::::::::::::::::====:.-------.::":!'~'•.:•::":;:·•:::";.' ________________________________________________________ ====='="'----=~=-==~ SHEET 4 OF 17 : o. r l't-:;,._,,.~-"
521

PLANNING AREA SUMMARY
PROPOSED TENTATIVE TRACT NO. 37389
tOUIB tOUIIEl UIUIW.

IQII 1W' "'° { SQ. Ff,! Ill. Ff~ 1$11. fQ
U ut 1.11 W1UII' 11' 11111' ,._ 15, tH 1, m
l.f 1111 UI 11' 11111' W11IIO' ._ ._.., 1. 4U
11 111111 11. 11 1ff U tuc , .. , . urn, < IO' lN' UM t.'11l UR H WlLLlnt ill ... -....

PW UI
H PARI 0,.14
J1111t OS 1o. ot
llifil;
fOI0' 01' l"PL. 1.VN]~' flmtNRllli0.!? 39! 1
EE!« rn:, liN~ NClllMtt: NetlSHt,~
LEGEND
tOil tciA>.."> a'Y! iESr:£', 1Pi
ID! M! WIC! J;Sm'~
O'$. ~ SP. fa
JNII<. ml<• l!EWJ. OO! i

PER BUTTERFIELD
SPECFIC PLAN, 2017
l'UIIIIJIII WID uu aass IJIO. IIUMHI = {
frPQ { ACIE) ~
11 MDII 2U
11 Ill IJ
n Ill U
u
u

U POI U
3114 0, ltA
r ~ H~..,t·""~, r ~
1ir I ~ 1~1
rJ~~- l·:~-1 ~7?-.,~~,cc .... -
PA 11 COMMON DRIVES
A'-'J', 'L'-'Z' AND 'AA' {PfflVATE)
51:>'. fl~t:;
PA 11 COMMON DRIVE 'K' {PRIVATE)
PA 11 COMMON,,~~!:;e W { PRIVATE)

LOT AREA

SUMMARY

OT UITAIIO NAIB
tsll. ffJ tsll, fl}
l 4.258 3,!21
444 3,UC 3,C3il
44$ 3. 533 116,(
449, 3fl75 3, ffl
4' 7 3« 14 3,<IOI
4' 1 3,714 1, 213
Ut 4282 3.5M
eo 1100 u.. s
SS 4.283
4$7 3fltl
4$9 29611 U60
48) • 070 3, 512

46. 2 3* 3. n! S

1.$3 3537 3~
1& 1 : s» s wa
RESIDENTIAL LOT SUMMARY- PA11

LOT AREA

SUMMARY
lOl' Ulf, WA PQAIO
ISQ.nJ 1st.m
468 : u111 2,m
ea 411ST 3.587
41' 11 3.863: : UNIJ
ri : t40- I 3- 404
41' 2 3.M! I U..
413 4.111 3,,$19Z
UM .....
4!15 4. 8. 3.11113
4116 413' 3,M4
Q7 1.,121 ). 113

4. e1 3.. 319 l.119
411 3&0, i 3,0
00 2. 9611

LOT AREA

SUMMARY
l.01 Ul' fAIIEA PAIML\
tlUJJ dG. Fh
G3 3,271 : urn
IK 2,WO 2,7411-
195 ', 098 3210
4!1& 3,1181 3,11- 1 .,, ,.,,. ,.,..
4N 1!. 9EIQ 2.ill! O
09 3. 922 3., un
500 3.$3C 3.119'
3, 47$
SI» US: 2 s.t»
110 9,491 6.93- 9
511 9.125 5!i)9
512 8.IGII ti.OOt

LOT AREA

SUMMARY
tor I.Ol' Allfl PlOIIIU
IIQ. fT.) ffQ,FT)
18 3, 1911 3. 543
Gt9 " 354, 810
iO . C.1115 uu
S2t 3JIQ3 3606
22 '- 81'7 < l_.:119
S23 3, 552 3.!! 52
524 3, 109 3, 1[ 8
S25 3.~ .,,< 11),1
3,fiJ7

34. 2,960 2,960
5,lS 3. 41111 3 ...
536 3-192 3.19: l
531 - 3."° 4 3.IIOl
gn l,177
125 3$1:2

LOT AREA

SUMMARY
I.Or lOJ' IID PADMEA *
JSQ. n.: i ISQ. Ffl
Q .' l..c&::I 3166
44 3,,1$0 31M
su .&. illO urn
5' lil 3..< IOC 3404
5' 1 3..SSS 31fCI
4,263 3561
549 3,.l'(D 319'
550 l.£OC 3'° 4
5511 : U:U : 110: I
581 . f..23i JSia
61 3,703 3ZII
Y2 3..t0- 4 : l.-404
SEO 3.41S 3415
56-1 3.119 31! ll

LOT AREA

SUMMARY
Ult lOTlRQ Nlllllll
f! 111. nJ ( Ill. I'll
1159 3,2111 3.291
589 '. UDII UK
5,0 3.M 3.195
57? 3.14- 1 31411
81'2 4,111 3IIO&
573 3,li'!II 3,3,U
574 3. 330 3.:130
75 ' l,193 l.!'tl
77 3,478
5&CI s, m ,.: m
e, a~ 3.911 3436
Fi HSI ! LWS

3.ll'ft 3.G
il88 ,( rtl 3& al
ie9 4-070 3..182

LOTAIIEA

SUMMARY
un mmt. PAl&BU.
tlUfJ jlQ, ftJ
5D : S. 53& 5. l29
MM ~ 4119
59S 3.<llM 34:14
YE! 2.960 U60
lllr l.2SII 3.256
598 l922 3.424
612 "- W , 3-511! 11
813 5.414 4SH
614 s.-6DJ' , 00
815 ". 39 : HSO
i
ATWELL~
PREPAREDFOR: PREPAREDBV: PHASE 2A / TENTATIVE TRACT NO. 37389 !;;:

I 11 I
triP~~t~· 1111:::::.,_~ .... ~~· AREA'StiMMAR1ES !
CITY OF BANNIN~, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA ~ OA~ NO. REWSlffiS Cof01> a, CA 9287t SHEET 5 OF 17 z
L::· ===· =·==========::::.-------.::": 0:'.:.!".:'!:"~·•:.::": 0--------------------------------------------------------~- i!!~!!!.!!l,iiiil!!!!il!!!!i!!IP---'" llnlffll!' l!!!~a.. ~ .

J'.~ J>:: .. ~~ -~",!, i';~t!J~
522
I .. U

WOMP AND STORM
DETENllON
BASlif• J•

REIISIONS
PREPARED FOR:
tri pointe~
HOMES ~!~
1o11 ~% ona Pointe Co11, t
CllfOn&, c" 928751
IS') U8• UOD
523
ri\\_
t,M
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PHASE 2A / TENTATIVE TRACT NO. 37389 ~
PREPARED FOR· •• EPAAeoav, P.A.'s SA, 5B, 9A, 9C, 10, 11, 12, 13, 19, 27, 28, 29, 30, 35A ffi I 11 I
trrpointe l.ll.:::::._~~I TENTATIVE T~E!~!! i
i .. ,,, g!J~~- j,,.,,. 5 ~~ L __ J~~f~":fil~2:-;:;:::,:;:·_·~-"' S _________________ c_rrv_o_F_eA_NN-•N_G_,c_ou_NTY_oF_R_1vE_Rs-=~~~:~::tll:..~·-'1!5:/ 5t'~;;sH_EET---S7:1:.~·~;~~~~:;·.: iE 524
ll
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TTM BOUNDARY

EXISTINQ PERSHING CHANNEL

TO BE UNDEROROUNDED
525
SEE SHT. NO. 10
1-. u ~"' ~
1;;1llil" JJ'i: $:N@J. ig
l"~~llll..,. Jjlj~~g]l)'l';[lJ'J'lffi,j!,.
i-\.?."il. ~~~: i!'!ll-:D;s;:i
PROPOSED 8' SHOULDER

PROPOSED EDGE

OF PAVEMENT

PROPOSED DRAINAGE
DITCH
PRDP0SED DRAINAGE CULVERT
41!~.

EL. -~
NG CURB AND GllITER
SEE 1YPtCAL COMM MON DRIVE
DETAIL ON SHl!l!T 5 ; ~
J~u'\/lra'it,i ~i~
I !!£~:· ln:E~ NO. 1
IL-~-~-~~
n.
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ATWELL ~
PREPAREDF,. PHASE 2A / TENTATIVE TRACT NO. 37389 ~
I 11
trfpointe~ ~~=- P.A.'s5A.5B,9A,9C,10,11,12,13,19,27,28.29,30,35A ~ H O M E S ---- k--.tY ' i j' TENTATIVE TRACT MAP ~
c,,,, ,:,:,'.':.;', CITY OF BANNING, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA ~ L::;;:DA:"'::::::"°':====.,...=-======-------.!~'!;~•,::_: t,::::i::,i-;:;:•:_::~~:_"•'------------------------------------------------------= S;;,H;_;;E;_;;ET~~9~0;F=17-,d6: -~- 1:i~ :-::~=~
526
w
w
rn
166 _
SEE SHT. NO. 12
239
@

PROPOSED
B'BHOUlDER
ta>.:,.].
i$"'~@. l)S©
trtl:'' i!E
f'i~~Jl:)ll'a:Ni-14'\. l.

TIM

BOUNDARY
j ATWELL !
PREPAREDFOR· 1St PHASE 2A / TENTATIVE TRACT NO. 37389 g I 11
tri ·pointe" ::::::-~ "' P.A.'s5A,5B,9A,9C, 10, 11, 12, 13, 19,27,28,29,30,35A ~ HOMES ' k-• .u-; ; i TENTATIVE TRACT MAP ~
c,... '"'"' T' CITY OF BANNING, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA ~ No. c, ... ,. c.,,.,. ,...,. "' SHEET 10 OF 17
a.::·==·==·==========-------'::":!'!.;' ·~":;;·•::.··:'-------------------------------------------------------===~::.:::::;...:~~~~ E : i~i:~.1;t::;:.: i!: "" 527
M
T"
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Exhibit "B"
Tentative Tract Map No. 37389 Conditions ofApproval
529
City of Banning
Community Development Department
Conditions of Approval
PROJECT: Tentative Tract Map 37389
SUBJECT: Conditions of Approval ( City Council Resolution 2021-59) APPLICANT: Tri-Pointe Homes
LOCATION : Northeast corner of Highland Springs Avenue and Wilson Street Exhibit " B"
Tentative Tract Map 37389 Conditions of Approval
Community Development

1. The City and Developer are parties to a Development Agreement , recorded on July 17 , 2012 , as document number 2012-0332888 (" DA"). In the event of any direct inconsistency or conflict between these Conditions ofApproval and the DA , the DA shall control. The Developer shall indemnify the City as described in the DA.
2 . Approval of this entitlement shall not waive compliance with any sections of the DA , Butterfield Specific Plan , or other applicable City Ordinances in effect at the time of building permit issuance to the extent such City Ordinances are applicable to the project and not vested under the DA.

3. Approval of Tentative Tract Map 37389 shall run with the term of the DA. All conditions of approval must be met on or before the expiration date or the applicant must request an extension of time at least thirty ( 30) days prior to the expiration date , and receive approval of said extension ; otherwise , the approval shall expire and become null and void . 4 . Unless approved otherwise by City , the developer shall comply with all applicable conditions of City Council Ordinance No. 1450 approving the Butterfield Specific Plan and conditions of City Council Resolution No . 2017-07 approving Minor Modifications to the Butterfield Specific Plan . 5 . All mitigation measures required by the Butterfield Specific Plan Environmental Impact Report Mitigation Monitoring and Reporting Program ( MMRP), as modified pursuant to the approved Addendum , and conditions of the project's Settlement Agreement shall be implemented if those measures/conditions relate to this phase or part of the development or are required to be satisfied in connection with this phase or part of the development.
6 . A copy of the signed resolution of approval and all conditions of approval and any applicable mitigation measures shall be reproduced in legible form on the grading plans submitted for review and approval as required by the reviewing department. 99 E. Ramsey Street• P.O. Box 998 • Banning, CA 92220- 0998 • { 951) 922- 3100 530

7. The Developer shal l pay all applicable development impact fees and other fees as required under the DA. Adjustments and/or fee cred its to the applicable DIFs may be provided as allowed in the DA and any applicable implementing DIF credit agreement. The project proponent shall provide written evidence to the City that school mitigation fees have been paid or other arrangements acceptable to the applicable school district and Developer have been met.

8. Deposits shall be handled per the executed Deposit Agreement dated May 7 , 2019 .

9. A copy of the final grading and erosion control plan , approved by Engineering , shall be submitted to the Planning Department for review and approval of the landscaping plans when graded cut slopes exceed five (5) feet in height and fill slopes exceed five ( 5) feet in height.

10. Per DA Exhibit E, Section 5 .2 , the Developer shall stabilize according to the City Grading and Landscaping Ordinance [ as it may be vested under the DA] the rear slope of all residential lots prior to issuance of a certificate of occupancy but shall not be required to landscape and/or irrigate the slopes. It is the intention that the rear yard landscaping will be required and installed within the time specified in the CC&Rs by the homeowner.
11 . Per DA Section 6 .5 .2 , Phasing Plans specifying when the lots within Tract 37389 will be developed and when all appropriate public infrastructure within Tract 37389 will be constructed shall be approved prior to commencement ofdevelopment within the tract. Prior to approval ofthe Final Map , all conditions requiring the provision or proposed project facilities and subdivision improvements for the area covered by the Tentative Map must be satisfied either through performance or through the provision of suitable security prior to recordation of the Final Map or deferred with City approval under the terms of the DA.
12 . Prior to precise grading plan approval , a conceptual ( non-structural) project wall/fencing plan to include retaining walls, perimeter walls , and interior walls shall be developed and shall be subject to design review approval by the Planning Department.

13. Prior to precise grading plan approval for PA 's 19 and 35A, a Design Review application for Open Space PA's 19 and 35A shall be reviewed and approved by the Planning Commission . The Design Review application for PA 's 19 and 35A shall include conceptual details on recreational uses to be provided within PA 's 19 and 35A , including how these facilities will be linkable to other tracts , parks and open space including public access .

14. Prior to construction of the three proposed parks , the Developer shall obtain approval of a detailed site plan demonstrating the facilities to be provided from the Director of Community Development.
15 . All residential and commercial neighborhoods and public facilities shall require Design Review approval by the Planning Commission .
16 . Temporary construction fencing shall be installed around portions of the tract under construction until replacement by permanent walls/fencing or completion of improvements .

17. Developer shall meet all legal requirements of responsible agencies . 99 E. Ramsey Street• P.O. Box 998 • Banning, CA 92220-0998 • ( 951) 922-3100 531
Engineering/ Public Works
A. General Requirements
18 . A Public Works Permit shall be required prior to commencement of any work within the public right- of-way . The contractor working within the public right- of-way shall submit proof of a Class A " State Contractor' s License , City of Banning Business License , and Liability Insurance. Any existing public improvements, or new public improvements accepted or not accepted by the City that are damaged during construction shall be removed and replaced as determined by the City Engineer or his/ her representative .

19. Prior to the issuance of any grading , construction, or public works permit by the City , the applicant shall obtain any applicable and legally required clearances and/ or permits. When the requirements include approval of improvement plans , the applicant shall furnish proof of such approvals when submitting improvement plans to the City :

Fire Marshal ( access)
Public Works Department ( grading permits , street improvement permits) Community Development Department
Riverside County Flood Control & Water Conservation District ( storm drain) California Regional Water Quality Control Board Colorado River Basin ( RWQCB) South Coast Air Quality Management District ( SCAQMD)

20. The following improvement plans shall be prepared by a Civil Engineer licensed by the State of California and submitted to the Engineering Division for review and approval. A separate set of plans shall be prepared for each line item listed below. Unless otherwise authorized in writing by the City Engineer, the plans shall utilize the minimum scale specified and shall be drawn on 24 " x 36 " Mylar film for final signatures . Plans may be prepared at a larger scale if additional detail or plan clarity is desired ( Note: the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors):
a . Rough Grading Plans 1" = 40 ' Horizontal
b . Haul Route Plans 1" = 40 ' Horizontal
If soils is exported off site)
c. Clearing Plans 1" = 50 ' Horizontal
Include fuel modifications zones)
Include construction fencing plan)
d . Erosion Control & SWPPP , WQMP 1" = 40 ' Horizontal Note : a , b , c & d shall be reviewed and
approved concurrently)
e. Storm Drain Plans 1" = 40 ' Horizontal
99 E. Ramsey Street• P.O. Box 998 • Banning, CA 92220- 0998 • ( 951} 922- 3100 532
f. Street Improvement Plans 1" = 40 ' Horizontal
1" = 4' Vertical
g . Traffic Signal Plans 1" = 20 ' Horizontal
Caltrans Standard)
h. Signing & Striping Plans 1" = 40 ' Horizontal
i. Construction Traffic Control Plan 1" = 40' Horizontal Major or Arterial Highways only)
j. Precise Grading Plans 1" = 40 ' Horizontal
k. Landscaping Plans 1" = 20' Horizontal
I. Water, Sewer, & Recycled Water Plans 1" = 40 ' Horizontal Other engineered improvement plans prepared for City approval that are not listed herein shall be prepared in formats approved by the City Engineer prior to commencing plan preparation . 21 . All off-site plan and profile street improvement plans and signing & striping plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits , or at a distance sufficient to show any required design transitions .

22. All on-site signing and striping plans shall show the following at a minimum : stop signs , limit lines and legends , no parking signs , raised pavement markers ( including blue raised pavement markers at fire hydrants) and street name signs per Public Works standard plans and/or as approved by the City Engineer.
23 . A small index map shall be included on the title sheet of each set of plans , showing the overall view of the entire work area.

24. Upon completion of construction , the Developer shall furnish the City with reproducible record drawings on Mylar film of all improvement plans that were approved by the City Eng ineer. Each sheet shall be clearly marked " As-Built " or "As-Constructed " and shall be stamped and signed by the engineer or surveyor certifying the accuracy and completeness of the drawings. The applicant shall have all AutoCAD files submitted to the City , revised to reflect the "As-Built " conditions.

25. All future utility systems including gas , electric , telephone , water , sewer , and cable TV , except for temporary utility systems as defined under the DA , shall be provided for underground , with easements provided as required , and designed and constructed in accordance with City codes and the utility provider. Telephone , cable TV, and/or security systems shall be pre-wired. 99 E. Ramsey Street• P.O. Box 998 • Banning, CA 92220 -0998 • ( 951) 922-3100 533
B . Rights of Way/Public Improvements
26 . Prior to issuance of any permit(s), the appl icant shall acquire or confer property rights necessary for the construction or proper functioning of the proposed project/development. If those property rights are located outside the project/development , then the procedures and requirements of Government Code Section 66462 .5 shall apply , including the potential acquisition ofthose rights by the City or waiver of the City 's requirement to obtain those rights . Conferred rights may include right-ofway dedications, irrevocable offers to dedicate or grant of easements to the City for emergency services, maintenance, utilities , storm drain facilities , or temporary construction purposes including the reconstruction of essential improvements .

27. The applicant shall offer for dedication on the Final Map , within Final Map boundaries , all public street right-of-way in conformance with the DA and the Butterfield Specific Plan . The City may reject the dedications and leave them open for future acceptance until all public improvements are installed by the applicant in the rights of way.
28 . Maintenance easements dedicated to the City of Banning shall extend at most 10-feet beyond the toe of slope , where sufficient space available or as approved by the City Engineer, for those slope areas where maintenance falls within the responsibility of the City.

29. Prior to the issuance of any certificates of occupancy , the applicant shall not grant any easements over any property subject to a requirement of dedication or irrevocable offer of dedication to the City of Banning or the Riverside County Flood Control and Water Conservation District unless such easements are expressly made subordinate to the easements to be offered for dedication to the City or RCFCD. Prior to granting any of said easements , the applicant shall furnish a copy of the proposed easement to the City Engineer for review and approval. Further, a copy of the approved easement shall be furnished to _ the City Engineer prior to the issuance of any certificate of use and/or occupancy .

30. All street improvement designs shall provide pavement and lane transitions per City of Banning and Caltrans standards for transition to existing street sections .

31. Design and construct full street improvements in accordance with City standards for ALL streets as approved on the Final Tract Map including , but not limit to street lighting , curb and gutter , cross gutters and spandrels , access ramps , driveway approaches , sidewalk, asphalt concrete pavement, street name signs, traffic signs and striping , and any transitions. Applicant's geotechnical engineer shall provide the design of the pavement section based upon the Caltrans method. STREET AND SIDEWALK WIDTHS AND CROSS SECTIONS SHALL COMPLY WITH THE APPROVED 2016 UPDATED BUTTERFIELD SPECIFIC PLAN or as agreed to by the Developer and City Engineer. 32 . The applicant shall plant and maintain trees , shrubs , and ground cover placed in the parkway, slopes adjacent to public right-of-ways , and median islands constructed in connection with 99 E. Ramsey Street• P.O. Box 998 • Banning, CA 92220-0998 • ( 951) 922-3100 534
the project in accordance with applicable City standards until maintenance of such area is turned over to HOA, LMD or other public financing District. This includes ensuring that irrigation systems are operating properly , the clearing of debris , and regular weed removal. Turnover to a LMD or other public financing District will not be unreasonably withheld , conditioned or delayed .

33. All applicable public improvements required for occupancy shall be completed , tested , and approved by the Engineering Division prior to issuance of any Certificate of Occupancy. City to provide inspections in timely manner and any inspections exceeding 2 inspections to require meeting with City Engineer to address.

C. Grading and Drainage
34 . The applicant shall submit an updated Drainage Study with hydrologic and hydraulic analysis for developed and undeveloped ( existing) conditions to the Public Works Department - Engineering Division for review and approval. The study and analysis shall be prepared by a civil engineer licensed by the State of California. Drainage design shall be in accordance with Banning Master Drainage Plan adopted by Riverside County Flood Control and Water Conservation District RCFCD), RCFCD Hydrology Manual , and standard plans and specifications . The 10- year storm flow shall be contained within the street curbs, and the 100- year storm shall be contained within the street right- of-way . When these criteria are exceeded , additional drainage facilities shall be designed and constructed.

35. At a minimum, all development will make provisions to store runoff from rainfall events up to and including the 100- year 3-hour duration event. Post- development peak urban runoff discharge rates shall not exceed pre- development peak urban runoff discharge rates. 36 . If the site is located in an identified Flood Area as identified in Flood Insurance Rate Map dated August 28 , 2008 , the developer is responsible for providing a certification by a registered professional engineer or architect demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge . 37 . The project grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage areas , outlet points and outlet conditions . Otherwise , a drainage easement shall be obtained for the release of concentrated or diverted storm flows . 38 . The applicant shall comply with Chapter 13. 24 "Stormwater Management Systems " of the Banning Municipal Code ( BMC) and Title 18 " Grading, Erosion and Sediment Control" of the California Building Code related to excavation and grading , subject to the terms of the DA; and the State Water Resources Control Board' s orders, rules and regulations. 39 . For construction activities including clearing , grading or excavation of land that disturbs one ( 1) acre or more of land, or that disturbs less than one ( 1) acre of land , but which is a part of a 99 E. Ramsey Street• P.O . Box 998 • Banning, CA 92220- 0998 • ( 951) 922- 3100 535
construction project that encompasses more than one (1) acre of land , the applicant shall be required to submit a Storm Water Pollution Protection Plan ( SWPPP) and file a Notice of Intent ( NOi) with the Regional Water Quality Control Board.
40 . The applicant shall ensure that the required SWPPP is always available for inspection at the project site through and including acceptance of all improvements by the City . 41 . The applicant 's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs "):
a . Temporary Soil Stabilization ( erosion control).
b . Temporary Sediment Control.
c . Wind Erosion Control.
d. Tracking Control.
e. Non-Storm Water Management.
f. Waste Management and Materials Pollution Control.

42. All erosion and sediment control BMPs proposed by the applicant shall be designed using the CASQA BMP handbook and approved by the City Engineer prior to any onsite or offsite grading , pursuant to this phase.

43. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all associated improvements are completed and accepted by the City.

44. Grading and excavations in the public right-of-way shall be supplemented with a soils and geology report prepared by a professional engineer or geologist licensed by the State of California . 45 . Prior to the issuance of any building permit(s), a precise grading plan shall be submitted to the City Engineer for review and approval. A grading permit shall be obtained prior to commencement of any grading activity .

46. Prior to issuance of any grading or building permit , a Project-Specific Final Water Quality Management Plan ( F-WQMP) shall be reviewed and approved in accordance with California Regional Water Quality Control Board Colorado River Basin Region Order No. R?-2013-0011 . 47 . Prior to the issuance of a grading permit, the applicant shall execute a Stormwater Management Facilities Agreement on terms agreed to by the parties guaranteeing the maintenance of stormwater pollution controls . Said agreement shall be recorded with the Riverside County Recorder and run with the land.
48 . Prior to issuance of any grading or building permit , the applicant shall install trash filters on newly constructed storm drain systems that are not tributary to any onsite water quality/detention basin in compliance with the Trash Amendment as amended and approved in accordance with California Regional Water Quality Control Board Colorado River Basin Region Order No. R?-2013- 0011.
99 E. Ramsey Street• P.O . Box 998 • Banning, CA 92220 -0998 • ( 951) 922- 3100 536
49 . A notation shall be placed on all applicable rough grading plan( s): " Compliance with Mitigation Measures BIO-1 and BIO-2 is required ."

50. Prior to the issuance of a building permit for any building lot , the applicant shall provide a lot pad certification . The pad certification shall include an elevation and compaction certification. The elevation certification shall be stamped and signed by a licensed civil engineer or land surveyor and shall list the pad elevation as shown on the approved grading plan , the actual pad elevation and the difference between the two , if any. The compaction certification shall list the relative compaction of the pad soil and shall be certified by a licensed geotechnical engineer. 51 . If this final map includes areas within a designated Federal Emergency Management Agency (FEMA) National Flood Insurance Program (NFIP) Special Flood Hazard Zone , a letter of map revision ( LOMR) shall be processed through FEMA and provided to the City Engineer prior to occupancy of affected lots.
52 . The design of the development shall not cause any increase in flood boundaries , levels or frequencies in any area outside the development. Prior to issuance of any grading permits , FEMA may require a hydrologic and hydraulic analysis to be submitted and approved that demonstrates that the development will not cause any rise in base flood levels.

D. Landscaping Public Right of Way

53. The developer shall prepare a water conservation us ing xeriscape principles . " Xeriscape " shall mean a combination of landscape features and techniques that in the aggregate reduce the demand for and consumption of water, including appropriate low water using plants, non- living groundcover, a low percentage of turf coverage ( limited to 25% of the planted area), and water conserving irrigation techniques and systems . A low water- using drought tolerant plant includes species suited to our climate, requiring less water in order to grow well.

54. An automatic sprinkler system and landscaping shall be installed, prior to certificate of occupancy for the portion of the project for which certificates of occupancy are requested , within the common areas including perimeter slopes and the interior collector streets. Each system shall include a smart landscape irrigation controller ( including remote communication), a separate water meter and electric meter, and plantings as approved by the Community Development Director . Landscaping plans and specifications shall be reviewed and approved by the City Engineer.

55. A homeowners ' association shall be established and the applicable Conditions , Covenants & Restrictions ( CC & R's), shall be prepared for review and approval of the City Engineer at the time set forth in the DA providing for maintenance of the parkway on- site lighting and landscaping , slopes adjacent to public right- of-way , onsite private parking/ roadway , any debris basins , BMP 's referenced in the approved WQMP , and median island landscaping . The developer shall appoint the 99 E. Ramsey Street• P.O. Box 998 • Banning, CA 92220- 0998 • ( 951) 922- 3100 537
initial members of the Board of Directors of the homeowners ' association or take such other steps as may be reasonably necessary to assure that members have been appointed or elected to such Board of Directors, until under the terms of the applicable CC & R's individual lot owners have the power to elect the members of the Board of Directors in accordance with the CC & R's.

56. The conditions , covenants , and restrictions shall contain provIsIons which prohibit dissolution of the homeowners ' association unless another entity has agreed to assume the operation and maintenance responsibilities of the homeowners ' association . The conditions , covenants and restrictions shall contain provisions that prohibit the developer and his/ her successors- in-interest from amending said covenants, conditions, and restrictions to conflict with these Conditions of Approval.

57. Alternatively , to having an HOA provide maintenance of the parkway on- site lighting and landscaping, slopes adjacent to public right- of-ways , any debris basins , BMP' s referenced in the approved WQMP, and median island landscaping , a Landscaping Maintenance District (LMD), or other public financing mechanism , can be formed to provide for the landscape maintenance .

58. Landscape improvements shall be certified by a licensed landscape architect or licensed landscape contractor as having been installed in accordance with the approved detailed plans and specifications. The applicant shall furnish said certification , including an irrigation management report , for each landscape irrigation system and any other required implementation report determined applicable to the City Engineer for review and approval.

59. Landscape improvement plans shall incorporate the City' s letter, dated May 11, 2019 , providing construction level recommendations to the landscape working drawings.

E. Traffic

60. As part of each final tract map , a validation report, referencing compliance with Mitigation Measure TRF- 2; which requires a Traffic Impact Analysis ( TIA) validation report, is required at the direction of the City Engineer.
61 . Street name signs and traffic control devices including traffic legends and traffic striping shall be installed or relocated in accordance with applicable City or Caltrans Standards and as shown on the approved plans and/ or as directed by the City Engineer.

62. Prior to first building permit issuance of the phase , the applicant shall submit and obtain approval in writing from the Fire Marshall for the plans for the access and possible evacuation of all public or private access roads , drives , streets , and alleys . The plans shall include plan and sectional views and indicate the grade and width of the access road measured flowline to flow- line. When a deadend access exceeds 150 feet or when otherwise required , a clearly marked fire apparatus access turnaround must be provided and approved by the Fire Marshall. Applicable covenant , conditions or restrictions or other approved documents shall contain provisions which prohibit obstructions such as 99 E. Ramsey Street• P.O. Box 998 • Banning, CA 92220- 0998 • ( 951) 922- 3100 538
speed bumps/humps , control gates or other modifications within said easement or access road unless prior approval of the Fire Marshall is granted .
63 . Driveway grades shall be designed in accordance with current City standards . 64 . Parking areas shall be designed and improved with grades not to exceed five percent slope . All applicable ADA standards will be adhered to . 65 . Access drives to the public right-of-way shall be restricted to those approved by the City Engineer as shown on the approved plans .

66. Prior to the issuance of any certificate of occupancy , all fire hydrants shall have a blue reflective pavement marker indicating the hydrant location on the street as approved by the Fire Marshall and must be maintained in good condition by the applicant or developer until the street is accepted by the City for maintenance .

F. Final Map
67 . Prior to approval of any Final Map , the applicant shall construct on-site and off-site improvements required for the development of the property in accordance with the approved plans and satisfy its obligations for same , or shall furnish a fully secured and executed Subdivision Improvement Agreement on terms agreed to by the Parties guaranteeing the construction of such improvements and the satisfaction of its obligations for same , or shall agree to any combination thereof, unless such improvements are deferred with City approval under the terms ofthe DA or as otherwise set forth under the terms ofthe DA. For off-site improvements , the procedures and requirements ofGovernment Code Section 66462.5 shall apply , including the potential acquisition of those rights by the City or waiver of the City 's requirement to obtain those rights.
68 . Prior to the recordation of Final Map or the issuance of the first grading permit (whichever occurs first), the applicant shall obtain approval from the Fire Marshall in consultation with the City Engineer, for a conceptual fuel modification plan and program , unless the City of Banning Fire Marshall Fire Marshall") finds in writing to the City that such plan and program are not required for development of the property within the boundaries of this TTM No. 37389 . Prior to the issuance of the first certificate of occupancy , within the lots affected by said fuel modification plans , the fuel modification shall be installed and completed under the supervision of the Fire Marshall with an approved plant palette . The CC&Rs or other approved documents shall contain provisions for maintaining the fuel modification zones , including the removal of all dead and dying vegetation. 69 . Security for the construction of public improvements in accordance with Government Code Section 66499 shall be as follows :

Faithful Performance Bond 100% of estimated cost
Labor and Material Bond 100% of estimated cost
99 E. Ramsey Street• P.O . Box 998 • Banning, CA 92220 -0998 • ( 951) 922 -3100 539
Monumentation Bond $ 10 ,000 .00
Securities for the public improvements shall be on file with the City Clerk prior to scheduling the final map for approval by City Council. Unit prices for bonding estimates shall be those specified or approved by the City Engineer.

70. Prior to approval of the Final Map , the applicant shall submit a list of street names and addresses in Microsoft Excel spread sheet format for review and approval. The house number system shall be in accordance with Section 12.32 of the Banning Municipal Code . A reduced copy of the subdivision map shall be included with the submittal.
71 . Revisions to the approved Tentative Map during Final Map plan check process; including, but not limited to , lot line alignments , easements , improvement plan revisions , and similar minor changes that are in substantial compliance with the Tentative Map , or associated Conditions of Approval, shall be administratively approved through the plan check process with the mutual consent and approval of the Developer, the Community Development Director , and the City Engineer. Changes that are not administratively approved , through the process referenced above and herein shall be amended in accordance with the Subdivision Map Act , as amended and codified within the Banning Municipal Code (BMC).

72. Prior to approval of any Final Map the applicant shall identify and include in its improvement plans those routine structural and non-structural Best Management Practices (BMP's) as outlined in Supplement A to the Riverside County Drainage Area Management Plans and any attachments or as approved by the City Engineer.
73 . Submit a copy of the title report , closure calculations , and any separate instruments or necessary right-of-way documents to the Engineering Division prior to final map approval.

74. A map of the proposed subdivision drawn at 1 "=200 ' showing the outline of the streets including street names shall be submitted to the City to update the city atlas map.

75. An original Mylar of the final map ( after recordation) shall be provided to the City for the record files.

76. Public improvements shall be completed and accepted by City of Banning prior to release of Faithful Performance Bond and Labor and Material Bond for such improvements. Faithful Performance Bond for applicable public improvements shall be reduced to 10% once City accepts improvements into maintenance period . Final 10% to serve as the maintenance bond for the 1-year maintenance period .
99 E. Ramsey Street• P.O. Box 998 • Banning, CA 92220-0998 • ( 951) 922-3100 540
77 . A record of all street centerline monument ties shall be submitted to the Engineering Division upon completion of improvements or prior to release of Monumentation Bond.

G . Water

78. Submit Water Improvement Plans along with the infrastructure phasing plan to the City Engineer for review and approval. The phasing plan , which shall be supported by a hydraulic analysis , shall identify all required water infrastructure ( e .g . water mains , wells , booster stations , pressure reducing stations, reservoirs , etc .) required to meet the demands of this tract map. Design and construct water lines throughout and to property boundaries to tract as needed . The proposed new water lines shall connect to the City's water system as needed .

79. Submit a hydraulic analysis report demonstrating adequate pressures throughout the Tract 37389 water system during max day demand ( MOD) with fire flow conditions . The hydraulic analysis , based on the City 's latest calibrated water model , shall identify when and if additional facilities would be required to meet Tract 37389 water demands .
80 . All water lines and fittings shall be a minimum of 8-inch in diameter and shall be DIP.

Water line easements shall be a minimum width of 20 feet if installed outside of right-of-way or public utility easement.
81 . Fire hydrants shall be installed within and on the tract boundaries as per approved plans , at a 300-foot maximum spacing.
82 . A backflow device must be installed on all common -area buildings and at each irrigation water connection . The backflow device must be in compliance with City of Banning.

83. Fire Services will require an RPDA Device.

84. Sizing and timing of the construction of the water storage tanks shall be identified in the phasing plan as determined by the water system analysis or as agreed to by the Developer and City .

H. Sewer

85. Submit Sewer Improvement Plans along with the infrastructure phasing plan to the City Engineer for review and approval. The phasing plan shall identify all required sewer infrastructure (e .g . sewer ma ins , lift stations , treatment facilities , manholes , etc .) required to meet the demands ofthe tract map . A hydraulic analysis will need to be prepared and submitted that demonstrates the maximum discharge that can be accommodated by the existing collections system before a new trunk line is needed. Design and construct sewer lines throughout and to property boundaries of this tract. The proposed new sewer lines shall connect into the City 's sewer system . 99 E. Ramsey Street• P.O. Box 998 • Banning, CA 92220-0998 • ( 951) 922-3100 541
86 . All sewer lines to be constructed within the public right-of-way shall be extra strength Vitrified Clay Pipe ( VCP) or Polyvinyl Chloride ( PVC) SOR 26 Pipe . All sewer mains shall be minimum of 8 inches in diameter. Any sewer main less than or equal to 15-inches (15") shall be PVC. Any sewer main greater than 15-inches (15") shall be extra strength VCP. Final sizes shall be approved by the City Engineer based on calculations submitted by the design engineer accounting for ultimate discharge flows for phase and all upstream areas. Sewer line easements shall be a minimum of 20 feet wide if installed outside of right-of-way or public utility easement. 87 . Each residential unit shall have its own sewer lateral and shall be PVC SOR 26 . 88 . A sewer check valve shall be provided for each building with a finish pad elevation lower than the rim elevation of the immediate up-stream sewer manhole . 89 . The new Wilson Sewer Lift Station shall be constructed and fully operational before issuance of the first certificate of occupancy.

I. Non-Potable Water

90. Submit non-potable water Improvement Plans along with a non-potable water Master Plan that includes a written phasing plan to the City Engineer for review and approval. Design and construct non-potable water lines as indicated on the non-potable Master Plan to tie-in points at the tract boundary.
91 . All non-potable water lines to be constructed within the Public right-of-way shall be a minimum of 8-inches in diameter DIP . Final sizes shall be approved by the City Engineer based on hydraulic calculations provided by the design engineer . Where non-potable water line easements are necessary, they shall be a minimum of 20 feet wide if improvements are installed outside of right-ofway or public utility easements.

92. Any final subdivision map shall comply with the provisions of Government Code Section 66473.7 , as applicable, per the DA.

93. All non-potable water lines shall be Ductile Iron Pipe ( DIP) Class 350, with restrained joints conforming to DIPRA design guidelines where required . All non-potable water DIP mains shall be protected with purple-colored V-Bio polyethylene encasement. 94 . A backflow device must be installed on each irrigation water connection, and in compliance with the State of California Department of Health Regulations . Contact the City of Banning, Water Operations Division, prior to the installation.
99 E. Ramsey Street• P.O. Box 998 • Banning, CA 92220-0998 • ( 951) 922-3100 542

95. The non- potable water plans shall include appropriate signage for the irrigation of publicly accessible areas with non-potable water as required by the California Code of Regulations.

Electric Utility

96. The City of Banning Electric Utility ("Utility") will require adequate easements needed to service the project. An easement area behind sidewalk may be needed on Highland Home Rd, " C " St , H" St, and " L" St for vaults , conduits , streetlights and pad mounted transformers and switches.

97. Easements will be required for Local Streets to serve residential lots and provide street lighting. Adequate easements will be required to serve all parcels of this project. These easements shall be offered for dedication to the City of Banning for public utility purposes. A non- exclusive easement shall be provided to the City of Banning to include the installation of electric distribution facilities within all common areas.
98 . All streetlights to be installed on the major thoroughfares , arterial streets , and local streets are assumed to be publicly owned and maintained by the Utility. 99 . Prior to constructing the Utility 's electric distribution system , the developer shall submit a detailed engineering plan showing design , location and schematics for the utility system to be approved by the Utility . It will also be required that the developer follow the Electric Utility Maps & Records requirement ( per attachment). This will allow the utility to assist with the completion of a distribution plan and provide a cost estimate to service the project. Design conditions and requirements to serve the Butterfield Project with electricity shall be discussed and reviewed following approval of TTM No . 37389.
100 . The Developer shall execute an agreement with the Utility providing for the installation , construction , improvement, and dedication of the utility system following recordation of final map.

Fire Department
101 . Fire Hydrants and Fire Flow : Prior to the issuance of building permits , plans for the water system shall be submitted to the fire department for review and approval. The water system shall be capable of delivering the required fire flow. Fire hydrant( s) location and spacing shall comply with the fire code. An approved water supply for fire protection during construction shall be made available prior to the arrival of combustible materials on site. Reference 2016 California Fire Code ( CFC) 507. 5.1 , 3312 , Appendices Band C .
102. Fire Department Access: Prior to building permit issuance , provide a site plan showing the fire lanes. Access roads shall be provided to within 150 feet to all portions of the exterior building walls and shall have an unobstructed width of not less than 24 feet. The construction of the access roads shall be all weather and capable of sustaining 40 ,000 lbs . over two axles for areas of residential development and 60 ,000 lbs . over two axels for commercial developments. Approved vehicle access , 99 E. Ramsey Street• P.O . Box 998 • Banning, CA 92220- 0998 • ( 951) 922- 3100 543
either permanent or temporary , shall be provided during construction Ref. CFC 503 .1.1, 3310.1 and 503.2 .1
103. Requests for installation of traffic calming designs/ devices on fire apparatus access roads shall be submitted and approved by the Office of the Fire Marshal. Ref. CFC 503.4.1 104. Construction Permits Fire Department Review : Submittal of house construction plans to the Office ofthe Fire Marshal for development , construction , installation , and operational use permitting will be required. Final fire and life safety conditions will be addressed when the Office ofthe Fire Marshal reviews these plans. These conditions will be based on occupancy , use, California Building Code CBC), California Fire Code, and related codes , which are in effect at the time of building plan submittal. 105. Phased Construction Access: If construction is phased , each phase shall provide approved access for fire protection prior to any construction. Ref. CFC 503.1 Banning Fire Services - Office of the County Fire Marshal Planning Case Conditions - Page 2 99 E. Ramsey Street• P.O. Box 998 • Banning , CA 92220-0998 • ( 951) 922-3100 7. Residential Fire Sprinklers : Residential fire sprinklers are required in all one and two-family dwellings per the California Residential Code ( CRC).

Plans must be submitted to the Office of the Fire Marshal for review and approval prior to installation.

Ref. CRC 313.2
106. All electronically operated gates shall be provided with Knox key switches and automatic sensors for access. Ref. CFC 506.1
107 . Addressing: All residential dwellings shall display street numbers in a prominent location on the street side of the residence. All commercial buildings shall display street numbers in a prominent location on the address side and additional locations as required . Ref. CFC 505 .1 and County of Riverside Office of the Fire Marshal Standard #07-01
END99 E. Ramsey Street• P.O. Box 998 • Banning, CA 92220- 0998 • ( 951) 922- 3100 544
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CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Patrick Safari, Capital Improvement Projects Manager Art Vela, Director of Public Works
MEETING DATE: February 25, 2025
SUBJECT: Consideration of Resolution 2025-28, Approving a Sole Source Contract with Rick Engineering, Inc. for the Continuation of the Design of Ramsey Street Water Main Replacement in the Amount of $156,224.03 RECOMMENDATION:

Adopt Resolution 2025-28.

BACKGROUND:

The City of Banning owns, operates, and maintains water distribution and transmission pipelines that distribute water to residents and businesses. To provide its customers with a reliable supply of water, it is important for the city to continue replacing aging and undersized water distribution infrastructure.

On April 12, 2022, City Council approved Resolution 2022-35 authorizing the use of American Rescue Plan Act (ARPA) funds on certain eligible projects including making the necessary investments in water infrastructure. The approved ARPA project list included the replacement of waterlines along Ramsey Street.

On November 14, 2023, City Council approved Resolution 2023-182 approving a Professional Services Agreement ("Agreement") for the Design of Ramsey Street Water Main Replacement to Rick Engineering, Inc., in the amount of $399,540 with an expiration date of June 30, 2024, and maximum term and subsequent amendments not to exceed five (5) years.

JUSTIFICATION:

The previous Agreement approved under Resolution 2023-182 expired on June 30, 2024 and the City and Rick Engineering, Inc. desire to complete the scope of work as outlined in the original Agreement.

The amount of funds remaining in the expired contract is $156,224.03 which will be used to fund the remainder of the unfinished tasks in the previously approved scope of work.

Due to construction funding challenges for this project, the original Agreement with Rick Engineering, Inc. for the design of Ramsey Street Water Main Replacement called for a three (3) phase design process. The available ARPA funds were only sufficient to cover the construction of the first phase and therefore, it was necessary to prioritize the completion of the design of the first phase. The design work took longer than anticipated due to unforeseen site conditions and design challenges.

FISCAL IMPACT:
715
Staff recommends awarding a new Professional Services Agreement to Rick Engineering, Inc. in the amount of $156,224.03 to complete the outstanding design phases in a manner that meets all project specifications and regulatory requirements.

No fiscal impact is expected since the requested amount of $156,224.03 had previously been allocated to this project through the expired contract.

ALTERNATIVES:

Do not approve Resolution 2025-28 and provide alternative direction to staff.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. Resolution 2025-28, Rick Engineering Agreement.docx

2. C01126 Rick Engineering - Design of Ramsey Street Water Main Revised.pdf

3. Resolution 2022-35.pdf

4. Resolution 2023-182.pdf

5. Sole Source Form.pdf

6. Original Agreement - Rick Engineering.pdf
716
Resolution 2025-28

RESOLUTION 2025-28

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING A SOLE SOURCE CONTRACT WITH RICK ENGINEERING, INC. FOR THE

CONTINUATION OF THE DESIGN OF RAMSEY STREET WATER MAIN REPLACEMENT IN THE AMOUNT OF $156,224.03
WHEREAS, the City of Banning owns, operates, and maintains water distribution and transmission pipelines that distribute water to residents and businesses. To provide its customers with a reliable supply of water, it is important for the city to continue replacing aging and undersized water distribution infrastructure; and
WHEREAS, on April 12, 2022, City Council approved Resolution 2022-35 authorizing the use of American Rescue Plan Act (ARPA) funds on certain eligible projects including making the necessary investments in water infrastructure. The approved ARPA project list included the replacement of waterlines along Ramsey Street; and
WHEREAS, on November 14, 2023, City Council approved Resolution 2023-182 approving a Professional Services Agreement for the Design of Ramsey Street Water Main Replacement to Rick Engineering, Inc., in the amount of $399,540 with an expiration date of June 30, 2024, and maximum term and subsequent amendments not to exceed five (5) years; and WHEREAS, the previous Agreement approved under Resolution 2023-182 expired on June 30, 2024 and the City and Rick Engineering, Inc. desire to complete the scope of work as outlined in the original Agreement; and
WHEREAS, the amount of funds remaining in the expired contract is $156,224.03 which will be used to fund the remainder of the unfinished tasks in the previously approved scope of work; and
WHEREAS, due to construction funding challenges for this project, the original Agreement with Rick Engineering, Inc. for the design of Ramsey Street Water Main Replacement called for a three (3) phase design process; and
WHEREAS, the available ARPA funds were only sufficient to cover the construction of the first phase and therefore, it was necessary to prioritize the completion of the design of the first phase. The design work took longer than anticipated due to unforeseen site conditions and design challenges; and
WHEREAS, staff recommend awarding a new Professional Services Agreement to Rick Engineering, Inc. in the amount of $156,224.03 to complete the outstanding design phases in a manner that meets all project specifications and regulatory requirements; and WHEREAS, no fiscal impact is expected since the requested amount of $156,224.03 had previously been allocated to this project through the expired contract. 717
Resolution 2025-28

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:

SECTION 1. The City Council approves a Sole Source Professional Services Agreement with Rick Engineering, Inc. in the amount of $156,224.03 for the continued Design of Ramsey Street Water Main Replacement Project.

SECTION 2. The City Council authorizes the City Manager to make non-substantive changes to the Professional Services Agreement and to execute the Professional Services Agreement with Rick Engineering, Inc. on behalf of the City Council.

SECTION 3. The City Council authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this resolution.

SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 25th day of February, 2025.

Sheri Flynn, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:

John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
718
Resolution 2025-28

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-28, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 25th day of February, 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
719
Resolution 2025-28

EXHIBIT A
Professional Services Agreement with Rick Engineering, Inc. 720
AGREEMENT FOR PROFESSIONAL SERVICES (C01126) FOR DESIGN OF

RAMSEY STREET WATER MAIN BY AND BETWEEN CITY OF BANNING AND GLENN A. RICK ENGINEERING & DEVELOPMENT CO., DBA RICK

ENGINEERING COMPANY
THIS AGREEMENT FOR PROFESSIONAL SERVICES (herein “Agreement”) is made and entered into this day: ___________________, (“Effective Date”) by and between the CITY OF BANNING, a California municipal corporation (“City”) and Glenn A. Rick Engineering & Development Co., a California Corporation, dba Rick Engineering Company. (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has sought by issuance of a Request for Proposals (RFP No. 23-036) from the bench of prequalified Engineers (RFQ-22-007), the performance of the services for the Design of Ramsey Street Water Main and as further defined and described particularly in Article 1 of this Agreement.

B. Consultant, following submission of a proposal for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by City to perform those services.

C. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

D. Pursuant to the City of Banning’s Municipal Code, City has authority to enter into this Agreement.

NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit A and incorporated herein by this reference, which services may be referred to herein as the “Services” hereunder. As a material inducement to City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. Consultant covenants that it shall follow the highest professional standards in 721
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performing the Services required hereunder and that all materials will be of good quality, and fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code. Therefore, as to those services that are “public works,” Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B hereto.

1.2 Contract Documents and Exhibits.

This Agreement includes the Request for Proposal and Consultant’s accepted proposal (“Contract Documents”), both of which are on file with the City and incorporated herein by this general reference as though fully set forth herein. Exhibit A (Scope of Services), Exhibit B (Special Requirements), Exhibit C (Schedule of Compensation), and Exhibit D (Schedule of Performance) also constitute a part of this Agreement and are incorporated into this Agreement by this reference. Except as set forth in Section 1.10 regarding Exhibit B, this Agreement controls over the Contract Documents and the provisions in Exhibits A, B and C.

1.3 Compliance with Law.

Consultant shall keep itself informed concerning all ordinances, resolutions, statutes, rules, and regulations of City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered, and shall render all Services hereunder in accordance therewith.

1.4 Licenses, Permits, Fees and Assessments.

Consultant shall obtain and maintain during the term of this Agreement, at its sole cost and expense, all necessary licenses, permits, certificates and approvals required by law for the performance of Services under this Agreement, including a City business license. Consultant shall have the sole obligation to pay for all fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and which arise from or are necessary for Consultant’s performance of the Services required by this Agreement. Consultant shall indemnify, defend and hold harmless City, its officers, employees or agents, against all such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.5 Familiarity with Services.

By executing this Agreement, Consultant warrants that Consultant: (i) has thoroughly investigated and considered the Scope of Services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities and any difficulties and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions existing therein, prior to commencement of Services hereunder. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer (defined in Section 1.12. A). 722
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1.6 Prevention of Loss and Damages.

Consultant shall adopt reasonable methods during the Term (defined in Section 3.4) to furnish continuous protection to the work product, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence.

1.7 Further Responsibilities of Parties.

Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonable necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither Party shall be responsible to perform the Services of the other.

1.8 Additional Services.

City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra services beyond that specified in the Scope of Services or to make changes by altering, adding to or deducting from the Services. No such extra services may be undertaken unless a written order is first given by the Contract Officer to Consultant, which written order incorporates therein an adjustment in (i) the Contract Sum (as defined in Section

2.1), and/or (ii) the Schedule of Performance, (as defined in Section 3.2), and which written order is approved in writing by Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum, or $25,000, whichever is less; or in the Schedule of Performance of up to one hundred eighty (180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to Services which are specifically set forth in the Scope of Services or which are reasonably contemplated therein. Consultant hereby acknowledges that it accepts the risk that the Services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor.

1.9 Facilities and Equipment.

Except as otherwise provided, Consultant shall, at its own cost and expense, provide all facilities and equipment necessary to perform the Services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space (“City Facilities”), as City deems, in its sole discretion, to be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quality, and time of furnishing City Facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facilities that may involve incurring any direct expense, including but not limited to a computer, long distance telephone, network data, internet or other communication charges, vehicles and reproduction facilities. 723
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1.10 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern.

1.11 Corrections.

In addition to the indemnification obligations set forth in Article 4, and Sections 1.4, 1.13,

5.3, 5.4, and 6.3, Consultant shall correct, at its expense, all errors in the Services which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction(s) in a reasonably timely manner, such correction(s) may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction(s) from any retention amount held by City, or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction(s), as provided in Section 6.3.

1.12 Party Representatives.

A. Contract Officer: For the purposes of this Agreement, the Contract Officer shall be the City Manager, or such other person designated in writing by the City Manager (“Contract Officer”). Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement.

B. Principals and Personnel of Consultant.
1) Consultant Representative: The following principal of Consultant is hereby designated as being the Consultant Representative authorized to act on Consultant’s behalf regarding the Services specified herein and make all decisions in connection therewith:

Name Title
Richard O’Neill Associate Principal
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Consultant Representative were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Consultant Representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Consultant Representative. For purposes of this Agreement, the foregoing Consultant Representative may not be replaced nor may their responsibilities be substantially reduced or reassigned by Consultant without the express written approval of City. It shall be Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services, and Consultant shall refer any decisions which must be made by City to the Contract Officer. 724
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2) Consultant’s Personnel: Consultant has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the Services shall be qualified to perform such Services. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and sub-contractors, if any, assigned to perform the Services required under this Agreement.

Consultant shall notify City of all changes in Consultant’s staff and sub-contractors, if any, assigned to perform the Services required under this Agreement, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires to reassign any staff or sub-contractor of Consultant, City shall give notice as set forth in Section 8.1. Consultant shall, immediately upon the receipt of the notice to re-assign staff from City, reassign such person or persons.

1.13 Independent Contractor.

A. Consultant is an independent contractor and not an employee of City.

Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. All Services provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services. Any additional personnel performing Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

B. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant’s personnel practices. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section.

1.14 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant, the Consultant Representative and employees were a substantial inducement for City to enter into this Agreement.

Therefore, Consultant shall not contract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this 725
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Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, as full compensation for Services satisfactorily rendered, City shall pay Consultant at the hourly rates set forth in Exhibit C-1 and the not-to-exceed sub-budget rates set forth in the “Schedule of Compensation” attached hereto as Exhibit C and incorporated herein by this reference. In no event shall Consultant be paid more than One Hundred Fifty-Six Thousand Two Hundred Twenty-Four Dollars and Three Cents ($156,224.03) (the “Contract Sum”). The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City. Coordination of the performance of the Services with City is a critical component of the Services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending those meetings.

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion of the Services, (ii) payment in accordance with specified tasks or the percentage of completion of the Services, (iii) payment for time and materials based upon Consultant’s rates as specified in the Schedule of Compensation, provided that time estimates are provided for the performance of sub tasks, but not exceeding the Contract Sum or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

City shall only reimburse Consultant for those actual and necessary expenses expressly set forth in Exhibit C. Reimbursable expenses may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual sub-contractor expenses of an approved sub-contractor pursuant to Section 1.14, and only if specified in the Schedule of Compensation.

2.4 Unauthorized Services and Expenses.

City will not pay for any Services or reimburse for any expenses incurred which are not specified in the Scope of Services, unless authorized in writing as set forth in Section 1.8 of this Agreement. City shall make payment for such authorized additional Services and expenses in accordance with Article 2 of this Agreement.

2.5 Invoices.

Each month Consultant shall furnish to City an original invoice for all Services performed and expenses incurred during the preceding month. Each such invoice shall contain all of the information set forth in Section III of Exhibit C to this Agreement. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the 726
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Agreement. Consultant shall not invoice City for any duplicate Services performed by more than one person.

City shall independently review each invoice submitted by Consultant to determine whether the Services performed and expenses incurred are in compliance with the provisions of this Agreement. City will use its best efforts to cause Consultant to be paid within thirty (30) days of receipt of Consultant’s correct and undisputed invoice, except as to any charges for Services performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 6.3. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City of any invoice provided by Consultant shall not constitute waiver of any rights or remedies provided herein or any applicable law.

2.6 Waiver.

Payment to Consultant for Services performed pursuant to this Agreement shall not be deemed to waive any defects in Services performed by Consultant.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.

3.2 Schedule of Performance.

Consultant shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit D and incorporated herein by this reference.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant. Such unforeseeable consequences include, but are not restricted to, acts of God or public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified, subject to the provisions of Section 1.8. The Contract Officer’s determination (or the City Council’s determination, in the event the period of enforced delay exceeds the period specified in Section

1.8) shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant 727
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be entitled to recover damages against City for any delay in the performance of this Agreement, however caused; Consultant’s sole remedy shall be the extension of the Agreement pursuant to this Section.

3.4 Term.

The Term of this Agreement shall be from the Effective Date through June 30, 2026, unless sooner terminated as provided in Article 6 of this Agreement or extended as provided in Sections

1.8 and 3.3 of this Agreement. Maximum term and any subsequent amendment or modification shall not exceed five (5) years.

ARTICLE 4. INSURANCE AND INDEMNIFICATION

4.1 Minimum Scope and Limits of Insurance.

Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:

A. Commercial General Liability Insurance with a minimum limit of $1,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $2,000,000.00 per project or location. If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, members, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.

B. Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $1,000,000.00 per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of Services under this Agreement, Consultant shall obtain a non-owned auto endorsement to the Commercial General Liability policy.

C. Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Consultant has no employees while performing Services under this Agreement, workers’ compensation policy is not required; however, Consultant shall execute a declaration that it has no employees.

D. Professional Liability/Errors and Omissions Insurance with minimum limits of $1,000,000.00 per claim and in the aggregate.

4.2 Acceptability of Insurers.

The insurance policies required under this Article shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest 728
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edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Article.

4.3 Additional Insured.

The commercial general and automobile liability policies shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds.

4.4 Primary and Non-Contributing.

The insurance policies required under this Article shall apply on a primary noncontributing basis in relation to any other insurance or self-insurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.

4.5 Consultant’s Waiver of Subrogation.

The insurance policies required under this Article shall not prohibit Consultant and Consultant’s employees, agents or sub-contractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.

4.6 Deductibles and Self-Insured Retentions.

Any deductibles or self-insured retentions must be declared to and approved by City. At City’s option, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City; or Consultant shall procure a bond guaranteeing payment of losses and expenses.

4.7 Cancellations or Modifications to Coverage.

Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Article during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to City. If any insurance policy required under this Article is canceled or reduced in coverage or limits, Consultant shall, within two (2) Business Days (as defined in Section 8.12) of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.

4.8 City Remedy for Noncompliance.

If Consultant does not maintain the policies of insurance required under this Article in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Article, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.

Consultant shall promptly reimburse City for any premium paid by City, or City may withhold amounts sufficient to pay the premiums from payments due to Consultant. 729
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4.9 Evidence of Insurance.

Prior to the performance of Services under this Agreement, Consultant shall furnish the City Clerk with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Article. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with the City Clerk.

Consultant shall provide proof to the City Clerk that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.

4.10 Indemnity Requirements not Limiting.

Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under this Agreement.

4.11 Sub-contractor Insurance Requirements.

Consultant shall require each of its sub-contractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Article.

4.12 Indemnification, Hold Harmless, and Duty to Defend.

A. Indemnification of City.
1) Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify, and hold harmless City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith, and reimbursement of attorney’s fees and costs of defense (collectively “Liabilities”), whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, its officers, agents, servants, employees, subcontractors, material men, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code Section 2782.8(c). 2) Other Indemnities. Other than in the performance of design professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential 730
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damages (collectively “Claims”), at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, sub-contractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
3) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws.

City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.3. 4) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Article from each and every sub-contractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities and Claims, in law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s sub-contractor, its officers, agents, servants, employees, sub-contractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant’s sub-contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities and Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties.

B. Workers’ Compensation Acts not Limiting. Consultant’s indemnifications and obligations under this Article, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Article shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City. 731
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D. Survival of Terms. Consultant’s indemnifications and obligations under this Article shall survive the expiration or termination of this Agreement.

ARTICLE 5. RECORDS, REPORTS, AND RELEASE OF INFORMATION

5.1 Service Records.

Consultant shall keep, and require sub-contractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and Services performed hereunder (the “Service Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. Any and all such Service Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such Service Records at all times during normal business hours of City, including the right to inspect, copy, audit and make copies and transcripts from such Service Records. Such Service Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Service Records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the Service Records may be given to City, and access shall be provided by Consultant’s successor in interest (“Consultant’s Successor”). If custody of the Service Records is given to Consultant’s Successor, Consultant shall give written notice to City of the transfer of the Service Records to Consultant’s Successor. The notice shall include contact information (address and telephone number) for Consultant’s Successor, and access shall be provided to City by Consultant’s Successor.

5.2 Reports.

Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that City is greatly concerned about the cost of Services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein, Consultant shall promptly notify the Contract Officer of that fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.

5.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “Consultant Documents”) prepared by Consultant, its employees, sub-contractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Consultant Documents hereunder. Any use, reuse or assignment of such completed Consultant Documents for other projects and/or use of uncompleted Consultant Documents without specific written authorization by Consultant will be at City’s sole 732
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risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use or assignment. Consultant may retain copies of such Consultant Documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. All sub-contractors shall provide for assignment to City of all Consultant Documents prepared by them; and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.

5.4 Confidentiality and Release of Information.

A. All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.

B. Consultant, its officers, employees, agents or sub-contractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.

C. If Consultant, or any officer, employee, agent or sub-contractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Consultant’s conduct.

D. Consultant shall promptly notify City should Consultant, its officers, employees, agents or sub-contractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any Party regarding this Agreement and the Services performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite the response.

ARTICLE 6. ENFORCEMENT OF AGREEMENT AND TERMINATION

6.1 California Law.

This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such 733
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court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

6.2 Disputes; Default.

A. In the event that City determines Consultant is in default under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any Services performed after the date of default. In addition to the provisions of Section 4.8, and the right to terminate pursuant to Section 6.7, if the City Manager determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, City may serve Consultant with written notice of the default. Consultant shall have ten (10) calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance.

In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

B. In the event of termination pursuant to this Section, City may take over the Services and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of set-off or partial payment of the amounts owed City as provided in Section 6.3.

6.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement): (i) any payment amount of which may be in dispute hereunder or which is necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, (ii) all amounts retained pursuant to the provisions of Section 4.8, (iii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement, and (iv) all payments due or that become due to Consultant during the period that Consultant or any of its sub-contractors fail to maintain any required insurance in full force and effect, until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City, as provided in Section 4.9, above. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as elsewhere provided herein.

6.4 Waiver.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any 734
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Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any Services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver.

Any waiver by either Party of any default must be in writing, and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

6.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

6.6 Legal Action.

In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant must file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action against City under this Agreement.

6.7 Termination Prior to Expiration of Term.

This Article 6 shall govern any termination of this Agreement except as specifically provided in Section 6.2 for termination for default of Consultant. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of Consultant, the period of notice may be a shorter time as may be determined by the Contract Officer. In addition, Consultant reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of City, the period of notice may be a shorter time as Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer. Except where Consultant has initiated termination, Consultant shall be entitled to compensation for all Services rendered prior to the effective date of the notice of termination and for any Services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 6.3. In the event Consultant has initiated termination, Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating Party need not provide the non-terminating Party with the opportunity to cure pursuant to Section 6.2.
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6.8 Attorneys’ Fees.

In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees. Attorneys’ fees shall include attorney’s fees on any appeal, and in addition the Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 7. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

7.1 Non-liability of City Officers and Employees.

No officer or employee of City shall be personally liable to Consultant, or Consultant’s Successor, in the event of any default or breach by City or for any amount which may become due to Consultant or Consultant’s Successor, or for breach of any obligation of the terms of this Agreement.

7.2 Conflict of Interest.

Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of Services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or sub-contractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of City shall have any direct or indirect financial interest in this Agreement within the scope of Government Code section 1090, nor shall any such officer or employee make, participate in making, or use his or her official position to influence, any City decision relating to the Agreement which has a material financial effect on his or her financial interests or the financial interests of any corporation, partnership or association in which he or she is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given, and will not pay or give any third party any money or other consideration for obtaining this Agreement.

Consultant and its officers, employees, associates and sub-contractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar services for other clients; but Consultant and its officers, employees, associates and subcontractors shall not, without the Contract Officer’s prior written approval, perform services for another person or entity for whom Consultant is not currently performing services that would 736
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require Consultant or one of its officers, employees, associates or sub-contractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section into any subcontract that Consultant executes in connection with the performance of this Agreement.

7.3 Covenant Against Discrimination.

Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, or ancestry in the performance of this Agreement.

Consultant shall take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry, or other protected class.

7.4 Unauthorized Aliens.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of Services covered by this Agreement, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

ARTICLE 8. MISCELLANEOUS PROVISIONS

8.1 Notices.

Any notice, demand, request, document, consent, approval, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on confirmed delivery by courier service or overnight delivery service during Consultant’s and City’s regular business hours; or (b) three (3) Business Days after deposit in the United States mail, by certified or registered mail, and addressed to the Party to be notified as set forth below:

If to City Attn: Nathan Smith
Deputy Director of Engineering
City of Banning
99 East Ramsey Street
Banning, California 92220
Email: [email protected]
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With a courtesy copy to: Serita R. Young, City Attorney Richards, Watson & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Email: [email protected]
If to Consultant: Attn: Rick O’Neill
Rick Engineering Company
1770 Iowa Avenue, Suite 100
Riverside, CA 92507

8.2 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

8.3 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

8.4 Integration; Amendment.

This Agreement, and all exhibits referred to in this Agreement, constitute the final, complete and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. No amendment to or modification of this Agreement, nor any provision or breach hereof waived, shall be valid unless made in writing and approved by Consultant and by City Council. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

8.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

8.6 Mutual Cooperation.
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A. City’s Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement.

B. Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.

8.7 No Third Party Beneficiaries Intended.

This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.

8.8 Final Payment Acceptance Constitutes Release.

The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s Services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, sub-contractors and agents for the accuracy and competency of the information provided and/or Services performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the Services prepared by Consultant, its employees, sub-contractors and agents.

8.9 Non-Appropriation of Funds.

Payments to be made to Consultant by City for Services performed within the current fiscal year which are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s Services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.

8.10 Headings.

The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the Parties to this Agreement.
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8.11 Word Usage.

Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.

8.12 Business Days.
“Business Days” refers to days that the Banning City Hall is open for business.

8.13 Corporate Authority.

The persons executing this Agreement on behalf of the Parties hereto warrant that (i): such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of that 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 that Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

8.14 Electronic Signatures.

Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF the Parties hereto have executed this Agreement the day and year first hereinabove written.

CITY OF BANNING CONSULTANT
Robert Fisher, Date
Acting City Manager
NAME: Date
TITLE:

NAME: Date
TITLE:

ATTEST:

Tax ID No.

Caroline Patton Date
Administrative City Clerk
Address:

APPROVED AS TO FORM:

Slovak, Baron, Empey, Murphy & Pinkney
LLP
City Council Approval:________________
John O. Pinkney Date
City Attorney
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED. APPROPRIATE

ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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Exhibit “A”-1
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the following Services in connection with providing Engineer Design Services prepared in connection therewith:

II. As part of the Services, Consultant will prepare and deliver the following tangible work products and services to City:
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SCOPE OF WORK
Rick Engineering Company (RICK) will perform the following services in connection with providing the design of a new ductile iron pipe (size TBD by city) water main in Ramsey Street between Sunset Avenue and Highland Home Road based on the following scope of work.

Task 1. Project Management

1.1 Kick-off Meeting and Project Management
After execution of the contract, Rick Engineering Company (RICK) will schedule and attend a kick-off meeting with the City of Banning (City) to discuss the project scope, goals, preliminary findings and alignment selected by the City, finalize the project schedule, and identify available as-built plans and studies. RICK will prepare the meeting agenda and provide the team with meeting minutes following the meeting.

RICK will provide project management of the project that includes preparation and maintenance of a project specific Work Plan. The Work Plan will include details of methodology of design, sequence of tasks lists of deliverables, milestone submittal schedule, summary of organizational responsibilities, and a communication plan with contacts of all team members. Additionally, RICK will provide utility coordination with the utility providers that have utilities along the alignment, and perform quality assurance and quality control prior to each milestone submittal, and in conformance with federal, state, and city standards.

Deliverables – Meeting agenda and minutes, Work Plan

1.2 Progress Meetings
RICK will schedule monthly progress meetings with the City and project team, that will be face to face or virtual, and facilitate additional meetings with the City departments/stakeholders as needed for the project during the project duration.

Scope assumes 8 monthly meetings, that includes milestone design review / comment resolution meetings and an additional 3 project meetings.

RICK will prepare agendas and minutes for the meetings, distribute the minutes, and will also provide a monthly progress report to be included with the monthly invoice.

Deliverables – Meeting agendas and minutes
EXHIBIT "A" Exhibit "A" - 2
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1.3 Invoicing
RICK will develop and provide a monthly invoice to the City. The invoice will include RICK labor costs, subconsultant invoices and direct expenses. Direct expenses will be supported by a copy of the receipt if applicable. Invoices shall include details of billed and remaining budget for each task, and will include the monthly progress report of the tasks completed, identify any outstanding issues to be resolved, and upcoming work to be performed.

Deliverable – Monthly invoices and progress reports
Task 2. Project Development

2.1 Utility Research, Base Mapping, and Site Reconnaissance RICK will conduct research with the City of Banning, County of Riverside, and other governing agencies and utility companies for existing plans and maps of the adjacent area to be used for the design of the project.

RICK will conduct a field visit to collect visible information of project site.

Research will consist of the private water systems that will be reconnected to the new/proposed waterline in Ramsey Street and the affected private properties.

RICK will verify existing site data in terms of surrounding street system, geometry, parking, signing and striping, and private improvements and private water system appurtenances on the properties.

RICK will prepare a CAD file based on the boundary survey described below showing the existing utilities discovered in the research.

Deliverables - Photo log for any photos taken, letters to utility companies, utility as-built maps, and an AutoCAD drawing of the existing utilities.

2.1.1 Property Research
RICK will research City of Banning and County of Riverside survey records and record mapping for property and right of way information. RICK will also conduct a field survey to establish street centerline and rights of way of Ramsey Street within the project limits (between Sunset Avenue and Highland Home Road), Omar Street (between Ramsey and W. Jacinto View Road), W. Jacinto View Road (between Omar Street and Winchester Drive), and the property lines of the adjacent private properties and private properties that are affected by the relocation of water services. Survey basis of bearings and coordinates will be California State Plane Coordinates. Survey data and records analysis will be prepared within a CAD file establishing project mapping for centerline and right of EXHIBIT "A" Exhibit "A" - 3
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way, including intersecting streets. Base mapping will include existing easements.

Easements will be researched to identify their applicability/inapplicability with new waterline alignments.

Deliverables - Field Review notes, photo log for any photos taken, and an AutoCAD drawing of the rights of ways and centerline.

2.1.2 Site Topography and Surveying
RICK will provide a supplemental field topography along the existing water line points of connection and where needed and the effected private properties (where water systems will be reconnected in Ramsey Street). Consultant will locate and dip existing sewer and storm drain manholes. Topography will be vertically controlled by local published benchmarks.

Deliverables – Field Review notes, photo log for any photos taken, and CAD file with survey points.

2.1.3 Aerial Topography
RICK will provide an aerial topography of the project site consisting of surface utility appurtenances and improvements such as curb, edge of pavement, drainage inlets, valve cans, fences, driveways, mailboxes, utility vaults, power poles, signs, lights, traffic signals, sidewalks, pedestrian ramps, and notable grade features.

Deliverables – 40-scale at 1-foot contours

2.2 Potholing
RICK’s subconsultant, C Below, will perform potholing for the project. C Below will perform forty (40) potholes as indicated in the RFP. A standard pothole is 12 in. x 12 in, performed to the top of pipe or encasement with sand backfill and a permanent surface patch. Potholes are assumed to be 5’ in depth. Potholes include water line tie-in points and underground utility crossings. Potholes will also be used to locate the old Highway 99 concrete by setting alignment of potholes perpendicular to Ramsey Street, spaced 10’ on center curb to curb. Alignments will be performed at mid-point of each project phase (3 alignments). C Below will provide a detailed potholing report at the conclusion of the investigation. Service includes Dig Alert Coordination and Delineation, Encroachment permit, vacuum excavation to top of utility, encasement, or stop depth, standard traffic control, 12- inches of hot patching (restored within 30-days of excavation activity), sand backfill, removal of debris, and pothole report. Services not included are slurry backfill, extensive traffic control, flagging for traffic control, sidewalk concrete EXHIBIT "A" Exhibit "A" - 4
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panel replacement, and removal of Dig Alert marks.

Standard traffic control includes one lane closure with minimal signage not spanning an intersection.

Prior to potholing, a potholing plan will be developed showing location of potholes for connection points, intermediate points, and location of other underground utilities.

Deliverables – Potholing plan and potholing report

2.3 Geotechnical Study
Geocon is proposing to drill six (6) geotechnical borings up to 15 feet in depth, along portions of the proposed water main alignment, where the subsurface explorations of our 2018 geotechnical investigation cannot supplement. The geotechnical borings will be performed to the observe subsurface soil conditions and collect samples for laboratory testing. We expect that traffic control signage/equipment will be sufficient and flag persons will not be required. Furthermore, we expect that the Banning encroachment permit will be a no fee permit for this project, and that patching of the borings with asphalt concrete cold-patch is acceptable.

RICK’s subconsultant, Geocon West, Inc, will consist of:
 Mark the planned boring locations and notify Underground Surface Alert of Southern California to mark any subsurface utility locations near the exploration locations. Additionally, the client should provide plans depicting the locations of all utilities in the project area.
 Prepare no-fee encroachment permits with the City of Banning for our work. We have assumed a traffic control plan utilizing MUTCD or Watchbook details will be sufficient, and an engineered traffic control plan will not be required.  Provide traffic control setup and breakdown at each boring location. We plan to source traffic control signage/equipment for our work and did not include flag persons in this budget.
 Drill six (6) geotechnical borings along the portion of the proposed water main alignment that our 2018 subsurface explorations cannot supplement. We will collect bulk and ring samples of the subgrade soil for laboratory testing. Borings will be backfilled with soil cuttings and clean sand, and capped with asphalt concrete cold-patch upon completion. We expect borings of up to 15 feet will be sufficient for design of the proposed water main. Borings will be located so that there is an approximate 500-foot interval maintained between the new borings and 2018 borings, along the proposed water main alignment, to ensure an appropriate standard of care. We have budgeted one day of drilling.  Perform laboratory testing which is expected to include in-situ moisture content and dry density determinations, maximum dry density and optimum moisture EXHIBIT "A" Exhibit "A" - 5
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content, grain size analysis, corrosion screening, sand equivalent, and direct shear testing. The laboratory testing program will be based on the conditions encountered during the field investigation with respect to the proposed improvements. Our 2018 laboratory test results will be provided as supplemental information for the portion of the proposed water main alignment able to be covered by our 2018 geotechnical investigation.
 Prepare a geotechnical report presenting our findings in the field, boring logs, a map depicting the boring locations, a discussion of the geotechnical conditions at the site, and geotechnical parameters for storm drain design.

Assumptions:
 The borings can be safely performed in the vicinity of the proposed water main alignment, considering existing utilities are present and to facilitate traffic flow around our drilling operations. Where performing the borings poses a conflict with existing utilities, resulting in an unsafe working environment for property, personnel, and/or motorists/pedestrians, the planned borings will be relocated, as feasible.
 This proposal does not include any costs to re-grade, install hot-mix asphalt concrete patching, re-vegetate, landscape or otherwise repair disturbed areas.

Deliverables – Geotechnical report
Task 3. Preliminary Engineering Design

3.1 Preliminary Design Plans (30% design)
RICK will prepare waterline plans for approximately (7,200 LF) for a proposed Ductile Iron pipe in Ramsey Street between Sunset Avenue and Highland Home Road. Plans will be at 40-scale and include plan and profile. Plans will be setup for 3 construction phases:

Phase 1: The waterline between Sunset Avenue to near the property at 3929 W.

Ramsey Street.

Phase 2: The continuation of Phase 1 to Omar Street, then continuing north on Omar to W. Jacinto View Road, and then east to the Winchester Drive intersection.

Phase 3: From Omar Street westerly on Ramsey Avenue to approximately Highland Home Road.

Additionally, RICK will:
a. Collect the data from the utility and property research from scope items above to use as part of the base file for the water plans. Existing utilities will be shown on the plans in locations verified by the potholing above and/or provided by the utility companies. As part of the plan preparation, RICK will contact affected EXHIBIT "A" Exhibit "A" - 6
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utility companies to obtain permits if needed (utility fees to be paid by the City of Banning).
b. RICK will arrange and participate in informal meetings as necessary with City staff to review the progress of the project and exchange ideas and information. c. Meetings with the City of Banning will discuss the key design issues and develop general project criteria for construction, including schedule and possible ways of minimizing problems. RICK will prepare and submit meeting agendas prior to the meetings.
d. RICK will provide data received and assumptions utilized to the city for approval prior to integrating the data into the project’s final design. e. RICK will prepare preliminary water plans (30-percent design) using AutoCAD for approximately 7,200 LF of water line (8-inch to 14-inch) to establish an agreement with the City of Banning on project scope, alignment, easements, parameters, hydraulic requirements, maintenance concerns, constructability and construction phasing, traffic impacts, and general disruption to the area. The preliminary design is to be submitted to the City of Banning for review and approval. The preliminary design shall address the following:
a. Pipeline alignment/facility locations
b. Construction schedule and phasing recommendations
c. Construction Cost Estimate of recommended improvements d. Conflicts with other utilities and adjacent facilities in the area e. Traffic and pedestrian control
f. Erosion Control
g. Preferred materials for construction
h. Areas where construction work is limited or controlled. i. Impacts to City water system.
j. Impacts to surrounding business and residential areas. k. Easements (existing and proposed)
l. Corrosion protection (if necessary)
f. The preliminary design will be submitted in PDF format through the City’s SmartGov platform for the City of Banning’s review and concurrence. The design will be at a 30% level of effort. Changes in layout and location of facilities suggested by the city will be investigated. A final layout and location of facilities will then be established.
g. As part of the meetings with the city, discussions and submittals of material will be presented to the city through the preliminary design process to reduce comment time and effort by the city.

It is assumed that the City of Banning will provide the size of the proposed new waterline. A hydraulic analysis is not included with this scope. However, we have provided it as an additional/if needed service.

It is assumed that the majority of the existing waterline will be abandoned in place.

EXHIBIT "A" Exhibit "A" - 7
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As part of the 30% design, RICK will prepare a traffic control conceptual staging plan for Phase 1 only identifying the assumed stages for each of the phases as noted in the Request for Proposal. The project Phase 1 proposes to construct approximately 2,600’ of a water main along Ramsey Street from Sunset Avenue to 3929 W. Ramsey Street. It is anticipated that the traffic control conceptual staging plan will be prepared at 40 scale and will identify the proposed linear footage per stage and a description of the work that will be completed.

Deliverables – (all via the city’s SmartGov platform): PDF of the preliminary design plans and the preliminary opinion of probable costs.

3.2 Preliminary Design Plans (60% design)
Rick will prepare plans based on the 30% design and subsequent review comments by the City. Plans include a one (1) cover sheet, two (2) detail sheet, ten (10) plan and profile sheets, two (2) connection detail sheets for private landowners, and one (1) valve shut down sheet if needed, and will show the existing water services and fire hydrants to the new waterline. Due to the existing waterline being at the back of the effected parcels, water meters, backflow devised and related system components shall be moved to front Ramsey off the new proposed waterline. Detail sheets will detail the on-site design connecting to the new line to provide a water system at minimum equal to the existing condition.

RICK’s subconsultant, Dexter Wilson Engineering, will assist in preparation of technical specifications, pipeline material design, pipeline deflection calculations, design of thrust restraining systems, details for phased connections, details for connection to the existing pipeline, peer review of replacement plans, and other pipeline design aspects.

Consultant will incorporate any comments received from the City of Banning on the traffic control conceptual staging plan into the 60% design plans. Consultant will prepare 40-scale traffic control plans for the work associated with the Ramsey Street Water Main for Phase 1 only. The traffic control plans will provide work zones that are staged for construction of the water main, appurtenances, laterals, and any required detours. The one stage of traffic control is assumed as follows:

Phase 1: Sunset Avenue to 3929 W. Ramsey Street. There are assumed 5 stages of traffic control; Stage 1A is to 600’ west of Sunset Avenue; Stages 1B, 1C, 1D, and 1E will be up to 500’ along Ramsey to 3929 W. Ramsey Street.

The traffic control plans will be prepared following the requirements of the California Manual on Uniform Traffic Control Devices (MUTCD) and the City of Banning. Three (3) submittals are assumed – 60%, 90%, and final. Five (5) sheets EXHIBIT "A" Exhibit "A" - 8
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of traffic control plans are assumed for Phase 1.

A progress meeting will be coordinated with the City of Banning to discuss the 60% design plans. The meeting will discuss the comments and markups and establish a timeline for the project moving forward.

Deliverables - (all via the city’s SmartGov platform): PDF of the preliminary design plans and the preliminary opinion of probable costs.

3.3 Detailed Design Plans (90% Design)
Rick will prepare the 90% detailed design waterline plans and traffic control plans based on the 60% review comments received from the City of Banning and other entities. Plans shall follow the City of Banning standards and policies.

RICK will prepare project specifications following the Standard Specifications for Public Works Construction, SSPWC, “Greenbook”, latest edition.

RICK will prepare an opinion of probable cost and bid schedule that has construction items of work, unit of measurement, unit cost, and cost based on the detailed design waterline plans.

Deliverables - (all via the city’s SmartGov platform): PDF of the preliminary design plans, the preliminary opinion of probable costs, and the Standards and Specifications
Task 4. Final Design Plans

4.1 Final Water Plans
Upon authorization from the City, RICK will finalize the waterline plans and traffic control plans based on the final comments from the City and other entities. Plans will follow the City of Banning standards and policies. Plans will be signed by a licensed Civil Engineer and provided to the City of Banning on Mylar.

RICK will provide the City of Banning a Final set of Project specifications based on final comments from the City of Banning following the SPPWC. RICK will also provide a final opinion of probable cost and bid schedule based on the signed waterline plans.

Deliverables - (all via the city’s SmartGov platform): PDF of the preliminary design plans, the preliminary opinion of probable costs, and the Standards and Specifications
EXHIBIT "A" Exhibit "A" - 9
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Task 5. Easement Documents

5.1 Easement Documents
RICK will prepare a legal description and plat for each easement for three (3) permanent easements to be granted to the City of Banning and ten (10) temporary construction easements that are required for reconnection of existing private water systems to the new water main. RICK will obtain and review title reports for the thirteen (13) affected properties.

RICK assumes three (3) permanent easements to be granted to the City of Banning and ten (10) Temporary Construction Easements for reconnection of existing private water systems to the new water main.

Assumptions:
 Assumes up to 13 tax parcels owned by 13 unique entities are impacted by temporary construction easements (TCE’s) and/or permanent easements.  Scope does not include any discussions with property owners.  No appraisal work or negotiations included.
 Consultant is providing legal description and plat for the 13 easements only.

Deliverables - (all via the city’s SmartGov platform): Easement documents (legal description and plat) and up to 13 preliminary title reports.

Task 6. Stormwater Pollution Prevention Plan

6.1 Stormwater Pollution Prevention Plan
The Risk Type 1 LUP SWPPP will be prepared in accordance with the requirements of the Appendix E of the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities Order WQ 2022-0057-DWQ NPDES No. CAS000002 (adopted September 8, 2022, effective September 1, 2023).

RICK will prepare a Risk Type 1 LUP SWPPP based on the project’s assumed Risk Type.

This task will also include the preparation of a Notice of Intent (NOI) on the Storm Water Multi Application Report Tracking System (SMARTS) database. The Discharger must designate RICK as a Data Entry Person to prepare the NOI. The Discharger/LRP must electronically certify and submit the NOI on SMARTS.

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RICK will act as the initial Qualified SWPPP Developer (QSD) for the preparation of the SWPPP, however the Discharger must hire a QSD and a Qualified SWPPP Practitioner (QSP) for implementation of the SWPPP throughout the life of the project.

Based on the provided bid package this project is assumed to be a Risk Type 1 LUP based on the following assumptions:

1. More than 70% of the soil disturbance will occur on paved surfaces; and

2. Areas that are disturbed will be returned to pre-project conditions at the end of each day.

Deliverables - (all via the city’s SmartGov platform): SWPPP (erosion control plan submitted via drawing submittals)
Task 7. Construction Surveying and Staking

7.1 Phase One Water Stakes
RICK will maintain horizontal and vertical control for the duration of the surveying work on this project. RICK will also provide required calculations to field crew for each survey request received.

RICK will provide one set of stakes at all primary points of control; beginning and ends of pipe and at not less than 50’ on center along tangent sections and 25’ on curves to facilitate the construction of approximately 2,600 LF of water mainline.

RICK will also provide not more than two (2) stakes each; to facilitate the location of services, fire hydrants, and points of connection.
*Water stakes to be set in three (3) trips.

Deliverables – Construction Staking Cut Sheets

7.2 Phase Two Water Stakes
RICK will provide one set of stakes at all primary points of control; beginning and ends of pipe and at not less than 50’ on center along tangent sections and 25’ on curves to facilitate the construction of approximately 2,700 LF of water mainline.

RICK will also provide not more than two (2) stakes each; to facilitate the location of services, fire hydrants, and points of connection.
*Water stakes to be set in three (3) trips.

Deliverables – Construction Staking Cut Sheets
EXHIBIT "A" Exhibit "A" - 11
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7.3 Phase Three Water Stakes
RICK will provide one set of stakes at all primary points of control; beginning and ends of pipe and at not less than 50’ on center along tangent sections and 25’ on curves to facilitate the construction of approximately 1,900 LF of water mainline.

RICK will also provide not more than two (2) stakes each; to facilitate the location of services, fire hydrants, and points of connection.
*Water stakes to be set in three (2) trips.

Deliverables – Construction Staking Cut Sheets
Task 8. Bidding/Construction Support – Phase 1 Only

8.1 Bidding
RICK will be available during the advertising and bidding of the project to assist the City of Banning in answering questions/RFI’s and the preparation of plan addenda, if needed. RICK will attend one (1) pre-bid meeting for the bidding process.

Deliverables – Meeting attendance, responses to Bidder’s RFI’s

8.2 Construction Administration
RICK will be available during the construction of the project to answer RFI’s and prepare plan addenda, if needed. RICK will attend one (1) pre-construction meeting and eight (8) site visits during construction of the project as requested by the city. RICK will review shop drawings and submittals from the contractor for conformance with the contract plans and specifications, and make recommendations for acceptance, denial or resubmittal.

Deliverables – Meeting attendance, response to Contractor’s RFI’s, design addenda, submittal reviews

8.3 As-Built Plans
RICK will prepare As-Built Plans and process with the City of Banning, as necessary. Scope assumes RICK will receive as-built letters from the contractors and the contractor’s as-built plan markup’s. Scope assumes no major changes have occurred and does not include any as-built survey time. As-built plans will be submitted to the City within one month of receiving as-built letters and markup’s from the contractor.

Deliverables – As-built Plans
EXHIBIT "A" Exhibit "A" - 12
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Additional Services (If Needed Services)
Corrosivity Assessment
Rick’s subconsultant, RF Yeager will prepare a corrosivity assessment for the proposed waterline, that will include a field resistivity testing, a review of the Geotech/soil chemical analysis data, a review for the potential of stray current interference, and a Corrosivity Assessment Letter Report. This information will be used for the determination of the type of corrosion protection and if any cathodic protection for the pipeline would be required and the corrosion control approach that the City may want to implement.

Deliverable – Corrosivity Assessment Letter Report
Corrosion Control Design
As part of the 90% design plans, RICK’s subconsultant, RF Yeager, will provide Corrosion Control Design as part of the plans if Client requires joint bonds, test stations, insulators, and other standard corrosion control facilities. It is recommended the Client to use joint bonds, test stations, and insulators (steel or DIP) such that the pipeline is made electrically continuous and test stations are installed at the side of the road. This allows for monitoring and for adding cathodic protection in the future (should soil conditions/pipeline environment change) and will be much less costly because the pipe is electrically continuous and test stations are already installed. Corrosion control detail sheets, specifications, and cost estimate is included.

Cathodic Protection Design Pipeline
If it is found that Cathodic Protection is required, RICK’s subconsultant, RF Yeager, will review the waterline plans, provide comments, and corrosion control design analysis/calculations. Details and specifications will be included. A cathodic protection system cost estimate will be included. RF Yeager will then address the 90% plan comments and provide final 100% design documents. Once approved for final signature, RF Yeager will sign and stamp the final drawings. Cathodic protection detail sheets, specifications, and cost estimates are included.

Deliverables – Corrosion control design analysis/calculations, specifications, and cost estimate.

Hydraulic Analysis
RICK’s subconsultant, Dexter Wilson Engineering, will perform hydraulic modeling for the waterline sizing for the project site, if City does not provide the waterline EXHIBIT "A" Exhibit "A" - 13
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sizing. It is assumed City will provide the necessary information to run the modeling.

Caltrans Encroachment Permit
RICK will prepare one (1) Caltrans encroachment permit application for the traffic control devices (i.e. advance signage) that are within the Caltrans right-of-way (ROW) along Sunset Avenue in the vicinity of I-10. For the Caltrans encroachment permit application, the traffic control plans are assumed to be submitted to Caltrans in City of Banning format and will include a Caltrans signature block on the plans.

Plan Processing and Coordination (Caltrans)
RICK will submit and process the traffic control plans with Caltrans District 8. It is assumed that up to two (2) sets of plan check review comments will be received, coordinated, and addressed.

Monument Preservation
Pursuant to Section 8771 of the Business and Professions Code, preconstruction corner records will be prepared and filed identifying recovered survey monuments within the proposed construction limits. Post construction corner records will also be filed reflecting replacement monuments.

Deliverables – Pre and Post construction corner records Monument Replacement
RICK will replace destroyed survey monuments at the completion of the construction with the project limits.

Record of Survey
Pursuant to 8762 of the Business and Professions Code the filing of a Record of Survey shall be filed if the survey discloses “the establishment of one or more points or lines not shown on any subdivision map, official map, or record of survey, the positions of which are not ascertainable from the inspection of the subdivision map official map or record of survey.

EXHIBIT "A" Exhibit "A" - 14
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Exhibit “A”-15
III. In addition to the requirements of Parts I and II of this Scope of Services, during the performance of the Services, Consultant will keep City appraised through periodic status reports regarding the performance of the Services under this Agreement as set forth below and in Section 5.2, by the following means:
a. In-person meetings and/or teleconferences.
b. Email updates/questions to applicant team and City while reviews are underway.
c. Conference calls.

IV. All work product is subject to review and acceptance by City, and must be revised by Consultant without additional charge to City until found satisfactory and accepted by City.

Exhibit "A"
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Exhibit “B”-1
EXHIBIT “B”

SPECIAL REQUIREMENTS

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works,” Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.

4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.

5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.

6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.

7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.
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Exhibit “B”-2

8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations.

Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. The Consultant shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. The Consultant and Subcontractors shall not be debarred or suspended throughout the duration of this Agreement pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If the Consultant or any subcontractor becomes debarred or suspended during the duration of the project, the Consultant shall immediately notify City.

10. Consultant acknowledges that eight hours labor constitutes a legal day’s work.

Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Date______________ Signature___________________________ 758
Exhibit “B”-3

12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including, without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure.
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Exhibit “C”-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Scope of Services at the rates stated in Exhibit C-1.

II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub-budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.

III. City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:

A. Line items for all personnel describing the Services performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved sub-contractor labor, supplies, equipment, materials, and travel properly charged to the Services.

IV. Consultant’s billing rates for all personnel are attached as Exhibit C-1. 760
Exhibit “C-1”-1
EXHIBIT “C-1”
CONSULTANT’S BILLING RATE AND TASK SCHEDULE
761
Exhibit “C
-1”-2
762
Exhibit “D”- 1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely, and deliver the specified tangible work products to City in accordance with the schedule attached as Exhibit D-1.

II. The Contract Officer may approve extensions for performance of the Services in accordance with Sections 1.8 and 3.3.
763
Exhibit “D-1”- 1
EXHIBIT “D-1”

PROPOSED PROJECT SCHEDULE
764
Exhibit “D-1”- 2
Less $230,670.97 revised total $156,224.03
765
Exhibit “D-1”- 3
766
767
768
769
770
RESOLUTION 2023-182

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,

APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR THE DESIGN OF

THE RAMSEY STREET WATER MAIN REPLACEMENT TO RICK ENGINEERING, INC. IN THE AMOUNT OF $ 386,895 AND APPROVING A 10% CONTINGENCY FOR A TOTAL PROJECT BUDGET OF " NOT-TO-EXCEED" $ 425,584.50 WHEREAS, the City of Banning owns, operates, and maintains water distribution and transmission pipelines that distribute water to residents and businesses; and WHEREAS, to provide its customers with a reliable supply of water, it is important for the City to continue replacing aging and undersized water distribution infrastructure; and
WHEREAS, the 2018 City of Banning Integrated Master Plan ( IMP) identified the existing 4-inch water main on the south side of Ramsey Street as deficient due to its age and conveyance capacity to support commercial development on the south side of Ramsey Street from Sunset Ave to Highland Home Road. The IMP also identified the existing 14- inch water main that runs along the north property lines of properties fronting Ramsey Street to be deficient and difficult to maintain outside of public road right of way; and
WHEREAS, on April 12, 2022 City Council approved Resolution 2022- 35 authorizing the use of American Rescue Plan Act ( ARPA) funds on certain eligible projects including making the necessary investments in water infrastructure including the installation of a new water main along Ramsey Street; and WHEREAS, on October 26, 2022 staff released a Request for Proposals ( RFP) for the Design of the Rasmey Street Water Main Replacement to five ( 5) consultants on the on- call Professional Engineering Services list approved by City Council on July 12, 2022 under Resolution 2022- 99 and received three ( 3) proposals; and WHEREAS, the scope of work will include the design of +/- 7,200 linear feet of a new Ductile Iron Pipe ( DIP) water main including reconnection of water services, new fire hydrant connections and abandonment of the existing 4-inch water main in Ramsey Street between Sunset Avenue and Highland Home Road and 14-inch steel water mains north of the existing parcels north of Ramsey Street, and other related tasks. The design will be developed for three construction phases to be constructed as funding becomes available; and
WHEREAS, staff recommends the award of a Professional Services Agreement to Rick Engineering, Inc.

Resolution 2023- 182