Tuesday, April 26, 2022
7:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Regular Agenda
Ord. No. 1892 Reso. No 2022-028
WORKSHOP - 5:30 P.M.
CLOSED SESSION - 6:00 P.M.
REGULAR MEETING - 7:00 P.M.
Grover W. Taylor Council Chambers
City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia- Mayor Pro Tem
Phillip W. Cothran - Council Member
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Germaine McClellan Key - City Clerk
Janet Koehler-Brooks - City Treasurer
1 City Council Meeting Regular Agenda April 26, 2022
Welcome to a meeting of the Fontana City Council.
Welcome to a meeting of the Fontana City Council. A complete agenda packet is located in the binder on the table in the lobby of the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335. To address the Council, please fill out a card located at the entrance to the right indicating your desire to speak on either a specific agenda item or under Public Communications and give it to the City Clerk. Your name will be called when it is your turn to speak. In compliance with Americans with Disabilities Act of 1990 (42 USC § 12132), the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335 is wheelchair accessible, and a portable microphone is available. Upon request, this agenda will be made available in appropriate alternative forms to persons with disabilities, as required by Section 12132 of the Americans with Disabilities Act of 1990. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such a request to the City Clerk ’s Office at ( 909) 350-7602 at least 48 hours before the meeting, if possible. Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection in the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335.
Traduccion en Espa ñol disponible a peticion. Favor de notificar al Departamento "City Clerk".
Para mayor informacion, favor de marcar el numero (909) 350-7602.
WORKSHOP:
A. 5:30 P.M. City Council Workshop
A. (A) Urban Greening Zoning and Development Code
Update(Senior Engineer Shannon J. Casey to present);
(B) Public Communications:
(C) Agenda Review, and
(D) City Manager Comments
21-1354
PUBLIC COMMUNICATION - CLOSED SESSION:
This is an opportunity for citizens to speak to the City Council for up to 3 minutes on the following Closed Session. The Mayor and City Council reserve the right to adjust this time limit based on the number of speakers who wish to address the Mayor and City Council.
A. Public Communications - Closed Session
CLOSED SESSION:
A. 6:00 P.M. CLOSED SESSION
A. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
City Negotiator: Matt Ballantyne, City Manager and Rakesha Thomas,
Director of Human Resources and Risk Management
21-1320
2 City Council Meeting Regular Agenda April 26, 2022
Employee Organization( s): Police Officers Association; Police Management Association
CONFERENCE WITH LEGAL COUNSEL – EXISTING
LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(d)(1)
Case: Daryl Avila v. City of Fontana Police
Claim No. 210300082
CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED
LITIGATION
(Gov. Code section 54956.9(d)(2).)
Significant exposure to litigation. Number of potential cases: (2) Two
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code section 54956.8)
Property: APN #0237-411-13 & APN #0237-411-15
Property Owner: City of Fontana
Negotiating Parties: Phillip Burum, Deputy City Manager & NewBridge Homes
Under Negotiation: Price and terms of payment
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code section 54956.8)
Property: APN #0191-162-05
Property Owner: Mitch Porras
Negotiating Parties: Phillip Burum, Deputy City Manager & Mitch Porras
Under Negotiation: Price and terms of payment
CALL TO ORDER/ROLL CALL:
A. 7:00 P.M. Call To Order/Roll Call:
INVOCATION/PLEDGE OF ALLEGIANCE:
A. Fontana Police Department Chaplain Deylyne McCampbell / Pledge of Allegiance:
PROCLAMATION:
A. 1. Mayor Warren and City Council to proclaim April as Organ Donation Month (Donate Life Representative Elaine Jones to accept).
2. Mayor Warren and City Council to proclaim May as Mental 21-1290
3 City Council Meeting Regular Agenda April 26, 2022
Health Awareness Month (Community Services Manager
Michael Wright to accept).
3. Mayor Warren and City Council to proclaim May 1-7 as Professional Municipal Clerks Week (Deputy City Clerk Ashton R. Arocho to accept).
4. Mayor Warren and City Council to proclaim May as Building and Safety month (Building Official Jeffrey Baughman to accept).
SPECIAL PRESENTATIONS:
A. 1. Mayor Warren and City Council to recognize the Fontana Unified School District collaboration partners Michael A .
Garcia and Renee Castanon for their support on the 7th
annual Teen Leadership Summit (Community Services
Coordinator Andrew Solares to present).
2. Mayor Warren and City Council to recognize retiring Director of Engineering Ricardo Sandoval (Deputy City
Manager Phillip Burum to present).
3. Mayor Warren and City Council to recognize Officer
Matthew Rodgers and Records Specialist II Kelly Janusz as the Police Department ’s March 2022 Employees of the Month (Captain Stover and Captain Dorsey to present).
21-1323
PUBLIC COMMUNICATIONS:
This is an opportunity for members of the public to address the City Council for up to three ( 3) minutes total on items either on the Agenda or items not on the Agenda, but within the City Council's jurisdiction. Note that Public Hearing items have individual and specific public input opportunities during the public hearing and testimony on those items will only be taken during the public hearing. The Council is prohibited by law from discussing or taking immediate action on non-agendized items. The Mayor and City Council reserve the right to adjust this time limit based on the number of speakers who wish to address the Mayor and City Council .
A. Public Communications
CONSENT CALENDAR:
All matters listed under CONSENT CALENDAR will be enacted by one motion in the form listed below. There will be no separate discussion on these items prior to the time Council votes on them, unless a member of the Council requests a specific item be removed from the Consent Calendar for discussion.
A. Approval of Minutes 21-1340
4 City Council Meeting Regular Agenda April 26, 2022
Approve the minutes of the April 12, 2022, Regular City Council Meeting and the April 13, 2022, Special City Council Meeting.
April 12 - City Council Minutes
April 13 - Special Meeting Minutes
Attachments:
B. Adopt a Resolution Approving the Application for Grant Funds from the State Recreational Trails Program to enhance
segments of the Pacific Electric Trail
21-1343
Adopt Resolution No. 2022 -______ of the City Council of the City of Fontana approving the application for grant funds from the Recreational Trails Program.
Resolution for Recreational Trails ProgramAttachments:
C. Adopt Resolution for Projects Funded by the State of California Road Repair and Accountability Act SB-1
21-1359
Adopt Resolution No. 2022-____, of the City Council of the City of Fontana to incorporate projects funded by SB -1, the Road Repair and Accountability Act for Fiscal Year 2022/2023.
CCAR SB1 RMRA Reso 04-26-2022 FINAL
Project List
Grid 50 West Map
Hunter's Ridge
Marygold Map
Commerce & Business Dr Map
Foothill - East to Hemlock
Grid 15 East Map
Grid 47 Map
Attachments:
D. Approve a Dedication of Right of Way for Assessor Parcel No . 0232-201-12 related to the Arrow Blvd at Tokay Avenue Traffic Signal Project
21-1318
Approve and authorize the City Manager to execute a dedication of right of way for Assessor Parcel No. 0232-201-12 related to the Arrow Blvd at Tokay Avenue Traffic Signal Project
Vicinity Map Arrow & Tokay TS
APN 0232-201-12 RW DOC
Attachments:
E. Award a Construction Contract for the Sierra Avenue
Widening Project between Foothill Boulevard and Baseline Avenue
21-1319
1. Approve and authorize the City Manager to award and execute a construction
5 City Council Meeting Regular Agenda April 26, 2022
contract with the lowest responsible /responsive bidder for the Sierra Avenue Widening Project between Foothill Boulevard and Baseline Avenue (Bid No .
SB-86-DE-22)
2. Authorize the City Manager to execute any and all utility agreements and any related items on behalf of the City of Fontana for the Sierra Avenue Widening Project between Foothill Boulevard and Baseline Avenue
3. Authorize the City Manager to execute Quit Claim deeds for any and all Temporary Construction easements and related documents upon project completion for the Sierra Avenue Widening Project between Foothill Boulevard and Baseline Avenue
4. Authorize the City Manager to execute any and all contract amendments on behalf of the City of Fontana for the Sierra Avenue Widening Project between Foothill Boulevard and Baseline Avenue
Sierra Widening Project Vicinity MapAttachments:
F. Final Acceptance of Energy Services Project Park Lighting Upgrade (MS-209-PW-20)
21-1322
1. Accept as complete the work performed by Alliance Building Solutions, Inc. for Energy Services Project Park Lighting Upgrade, and approve the final construction cost of $3,697,716;
2. Authorize the Public Works Director to file a Notice of Completion and release the 5% retention
Fontana Parks - Closeout Book
ABS-City of Fontana Parks (RETENTION)
Attachments:
G. Police Department Monthly Information Update 21-1332 Accept the Police Department monthly information update for March 2022.
March 2022 Report for City CouncilAttachments:
H. 311 Implementation Partner 21-1294
Approve and authorize the City Manager to execute a contract with StackNexus (California Multiple Award Schedule CMAS Number 3-21-09-1034) in the amount of $800,000 and a 10% contingency of $80,000.
Ranking Summary.pdf
3-21-09-1034 StackNexus.pdf
City of Fontana 311- StackNexus SOW
Attachments:
Approve Consent Calendar Items as recommended by staff.
6 City Council Meeting Regular Agenda April 26, 2022
PUBLIC HEARINGS:
To speak on Public Hearing Items, submit comments via e-mail at [email protected]. In the subject of your e-mail please indicate whether you are in favor or opposition of the item. Comments must be received no later than 5:00 P.M. on the day of the meeting. Comments of no more than three ( 3) minutes will be read into the record at the appropriate time during the meeting. If you challenge in court any action taken concerning a Public Hearing item, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City at, or prior to, the Public Hearing.
All Public Hearings will be conducted following this format:
(a) hearing opened (e) oral - favor
(b) written communication (f) oral - opposition
(c) council/staff comments (g) hearing closed
(d) applicant comments (applicant not limited to 5 minutes) A. Introduce an Ordinance to Adopt Police Department Policy 709 (Military Equipment Policy) Pursuant to Assembly Bill 481 (“AB 481”)
21-1356
Read by title only and waive further reading of and introduce Ordinance No. _______, an Ordinance of the City of Fontana Adopting a Military Equipment Policy Pursuant to AB 481, and the reading of the Title Constitute the first reading thereof.
Fontana AB 481 Ordinance
Policy 709
Fontana Police Department Military Equipment Inventory
Attachments:
NEW BUSINESS:
A. Issuance of Special Tax Bonds for CFD # 95 (Summit at Rosena Phase 2)
21-1330
Adopt Resolution No. 2022-____ of the City Council of the City of Fontana authorizing the issuance of City of Fontana Community Facilities District No. 95 (Summit at Rosena Phase Two) Special Tax Bonds, Series 2022, in an aggregate principal amount of not to exceed $11,000,000, authorizing the execution and delivery of an Indenture, a Bond Purchase Agreement and a Continuing Disclosure Agreement, authorizing the distribution of an Official Statement in connection therewith and authorizing the execution of necessary documents and certificates and related actions.
7 City Council Meeting Regular Agenda April 26, 2022
Proposed Resolution
Indenture
Continuing Disclosure Agreement
Bond Purchase Agreement
Preliminary Official Statement
Appraisal Report
Attachments:
CITY MANAGER COMMUNICATIONS:
A. City Manager Communications
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:
A. Elected Officials Communications/Reports
ADJOURNMENT:
A. Adjournment
To the next Regular City Council Meeting on Tuesday, May 10, 2022 at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.
8 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1354 Agenda Date: 4/26/2022
Agenda #: A. Category: Workshop
City Council Workshop
Tuesday, April 26, 2022
5:30 P.M.
Council Chambers
City Council
Acquanetta Warren, Mayor
Peter A. Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesse “Jesus” Sandoval, Council Member
Phillip W. Cothran, Council Member
City of Fontana Printed on 4/21/2022Page 1 of 1
powered by Legistar™
9 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1320 Agenda Date: 4/26/2022
Agenda #: A. Category: Closed Session
Closed Session
Tuesday, April 26, 2022
6:00 P.M.
City Hall - Executive Conference Room
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesse “Jesus” Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Printed on 4/21/2022Page 1 of 1
powered by Legistar™
10 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1290 Agenda Date: 4/26/2022
Agenda #: A. Category: Proclamation
Proclamations
Tuesday, April 26, 2022
Council Chambers
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesse “Jesus” Sandoval, Council Member
Phillip W. Cothran, Council Member
City of Fontana Printed on 4/20/2022Page 1 of 2
powered by Legistar™
11 File #: 21-1290 Agenda Date: 4/26/2022
Agenda #: A. Category: Proclamation
City of Fontana Printed on 4/20/2022Page 2 of 2
powered by Legistar™
12 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1323 Agenda Date: 4/26/2022
Agenda #: A. Category: Special Presentation
Special Presentations
Tuesday, April 26, 2022
Council Chambers
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesse “Jesus” Sandoval, Council Member
Phillip W. Cothran, Council Member
City of Fontana Printed on 4/20/2022Page 1 of 1
powered by Legistar™
13 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1340 Agenda Date: 4/26/2022
Agenda #: A. Category: Consent Calendar
FROM:
City Clerk
SUBJECT:
Approval of Minutes
RECOMMENDATION:
Approve the minutes of the April 12, 2022, Regular City Council Meeting and the April 13, 2022, Special City Council Meeting.
COUNCIL GOALS:
· To create a team by working together to provide stability and consistent policy direction. · To create a team by communicating Goals and Objectives to all sectors of the community.
DISCUSSION:
The City Council will consider approval of the minutes of the April 12, 2022, Regular City Council meeting and the April 13, 2022, Special City Council meeting. The draft minutes are attached to this report for Council review and approval.
FISCAL IMPACT:
None
MOTION:
Approve staff recommendation
City of Fontana Printed on 4/21/2022Page 1 of 1
powered by Legistar™
14 Tuesday, April 12, 2022
7:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
CLOSED SESSION - 6:00 P.M.
REGULAR MEETING - 7:00 P.M.
Grover W. Taylor Council ChambersCity Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia- Mayor Pro Tem
Phillip W. Cothran - Council Member
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Germaine McClellan Key - City Clerk
Janet Koehler-Brooks - City Treasurer
Minutes
15 CLOSED SESSION:
A. 6:00 P.M. CLOSED SESSION
A Closed Session was held in the Executive Conference Room at 6:00 p.m. located at 8353 Sierra Avenue, Fontana, CA 92335, with all members of the City Council present.
PUBLIC COMMUNICATION - CLOSED SESSION:
A. Public Communications - Closed Session
There were no public communications received on the following Closed Session items:
CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
City Negotiator: Shannon Yauchzee, Interim City Manager and Rakesha Thomas, Director of Human Resources and Risk Management
Employee Organization(s): Police Officers’ Association; Police Management Association.
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Sierra Club v. City of Fontana, et al.
San Bernardino Superior Court Case No. CIVSB2121605;
and People of the State of California v. City of Fontana, et al.
San Bernardino Superior Court Case No. CIVSB2121829
CALL TO ORDER/ROLL CALL:
A. 7:00 P.M. Call To Order/Roll Call:
The Regular meeting of the Fontana City Council was held in the Grover W. Taylor Council Chambers, 8353 Sierra Avenue, Fontana, CA 92335, on Tuesday, April 12, 2022. Mayor Warren called the meeting to order at 7:11 p.m.
ROLL CALL:
Present: Mayor Warren, Mayor Pro Tem Garcia, Council Members Cothran, Roberts and Sandoval.
Absent: None
City Clerk McClellan Key and City Treasurer Koehler-Brooks were also in attendance.
INVOCATION/PLEDGE OF ALLEGIANCE:
A. Fontana Police Department Chaplain Deylyne McCampbell / Pledge of Allegiance:
Following the invocation led by Fontana Police Department Chaplain Derek Smith, the pledge of allegiance was led by Council Member Roberts.
CLOSED SESSION ANNOUNCEMENT
City Attorney Ruben Duran announced that the City Council met in Closed Session on the two items listed on the agenda and took no reportable action.
16 City Council Meeting Minutes April 12, 2022
SPECIAL PRESENTATIONS:
A. 21-1295
1. Mayor Warren and City Council to swear in new Fontana Police Officers Toni Lozano and Travis Marshall and Reserve Officers Stephen DuMontier and Troy Pennington (Chief Green to present).
Mayor Warren swore in the new Fontana Police Department Officers Lozano, Marshall and Reserve Officers DuMontier and Pennington. The entire City Council welcomed the new employees and thanked them for choosing to serve the Fontana community.
2. Mayor Warren and City Council to recognize Senior Accountant Genivive Schwarzkopf as Management Services Department Employee of the Year (Chief Financial Officer Jessica Brown to present).
Chief Financial Officer Jessica Brown recognized Senior Accountant Genivive Schwarzkopf as Management Services Department Employee of the Year. The entire City Council congratulated Ms. Schwarzkopf on this great achievement.
PUBLIC COMMUNICATIONS:
A. Public Communications
17 City Council Meeting Minutes April 12, 2022
Mayor Warren announced that due to the volume of public communications received for this evening, the time allotment for each speaker will be limited to one (1) minute.
City Clerk McClellan Key called the following individuals to speak:
1. Kenny Wright spoke in support of the Fontana Wildcats Basketball team and the request to have an indoor gym.
2. Leslie Wright spoke in support of the Fontana Wildcats Basketball team and the request to have an indoor gym.
3. Emma Rivera spoke in support of the Fontana Wildcats Basketball team and the request to have an indoor gym.
4. Nakema Sherman spoke in support of the Fontana Wildcats Basketball team and the request to have an indoor gym.
5. Nathan Vargas spoke in support of the Fontana Wildcats Basketball team and the request to have an indoor gym.
6. Karla Osio Vargas spoke in support of the Fontana Wildcats Basketball team and the request to have an indoor gym.
Mayor Warren requested that those who spoke on behalf of the Fontana Wildcats Basketball team to connect with Acting Director Daniel Schneider to discuss the potential opportunity to utilize an indoor gym and advised that the limited space for such practices and games comes from the COVID 19 testing location at the Jessie Turner Community Center.
7. Jaden Cox spoke in support of the Fontana Wildcats Basketball team and the request to have an indoor gym.
8. Jenesis Cox spoke in support of the Fontana Wildcats Basketball team and the request to have an indoor gym.
9. Gabby Palacio spoke in support of the Fontana Wildcats Basketball team and the request to have an indoor gym.
10. Greg Abdouch spoke in support of Consent Calendar Item 'R'.
11. Eddie Lopez spoke in opposition of the time limit for public speakers.
12. Mayra Rivera spoke in support of the Fontana Wildcats Basketball team and the request to have an indoor gym.
13. Matt Slowik spoke in support of Consent Calendar Item 'R'.
14. Amparo Munoz spoke on concerns with respect to the Brown Act; spoke in opposition of Consent Calendar Items 'B' and 'P'.
15. Timothy Johnson spoke in support of Consent Calendar Item 'R'.
The following individual was called upon to speak during this period but was absent from the Chambers:
1. Ana Gonzalez
CONSENT CALENDAR:
18 City Council Meeting Minutes April 12, 2022
Interim City Manager Shannon Yauchzee announced that staff would like to respectfully request that Consent Calendar Item 'I' be removed from tonight's motion and tabled for a future meeting agenda.
Council Member Sandoval requested that Consent Calendar Items 'E', 'F', 'G', 'M', 'P', and 'R' be removed from the Consent Calendar for staff presentations and questions of the Council .
Further discussion of each item have been included with the specific items (below).
ACTION: Motion was made by Mayor Pro Tem Garcia, seconded by Council Member Roberts, and passed unanimously by a vote of 5-0 to adopt Consent Calendar Items "A-H", "J-R", with the removal of Item 'I'. The motion carried by the following vote:
AYES: Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN; None A. Approval of Minutes 21-1283
Approve the minutes of the March 8, 2022, and March 22, 2022, Regular City Council Meetings.
B. Adoption of Ordinance No. 1891 21-1278
Second Reading/Adopt Ordinance No.1891, an Ordinance of the City Council of the City of Fontana, approving Municipal Code Amendment (MCA) No. 21-001R1 for an amendment to Chapter 9 of the Municipal Code to modify Article V to revise sustainability standards for industrial commerce centers throughout the city.
C. Adopt the Updated Salary Range for the Classification of Accounting Manager
21-1310
Adopt Resolution No. 2022-019, a resolution of the City Council of the City of Fontana adopting the updated salary range for the classification of Accounting Manager and updated salary table for the Management Confidential Group.
D. Accept perimeter CFD Landscape improvements for Duncan Canyon Road and Cypress Avenue for Tract No. 19961 & Tract No. 19962 & Tract 19962-1 within the Arboretum Specific Plan 21-1288
Accept perimeter CFD Landscaping improvements for Duncan Canyon Road and Cypress Avenue for Tract No. 19961 & Tract No. 19962 & Tract No. 19962-1 within the Arboretum Specific Plan and Release related Faithful Performance Bonds
E. Adopt Resolution and Authorize the Deputy City Manager to Award Contract to Masterseal Corp. of San Clemente California, for Emergency Pool Deck Repair Work at the Village of Heritage Pool Facility
21-1292
19 City Council Meeting Minutes April 12, 2022
Council Member Sandoval pulled this item prior to the motion on the Consent Calendar for staff presentation and questions of the City Council.
Public Works Manager, Dan West, provided a brief staff report .
Council Member Sandoval inquired on the emergency job of this item.
RECOMMENDATION:
1. Adopt Resolution No 2022-020, a resolution of the City Council of the City of Fontana recognizing that certain conditions exist on the pool deck at the Village of Heritage Pool Facility requiring emergency repair work. This resolution is made in accordance with Fontana City Code Sec.10-147(6).
2. Authorize the Deputy City Manager, or his designee, to execute a contract with Masterseal Corp. in the amount of $219,500 with a 10% contingency in the amount of $21,950 for the performance of emergency pool deck repair work at the Village of Heritage Pool Facility.
F. Approve a Construction and Maintenance Agreement with Southern California Regional Rail Authority (SCRRA) for the construction of the Citrus Avenue at Ceres Avenue Traffic Signal Project..End
21-1280
Council Member Sandoval pulled this item prior to the motion on the Consent Calendar for staff presentation and questions of the City Council.
Engineering Manager, Jeff Kim, provided a brief staff report.
Council Member Sandoval inquired on the additional traffic light and potential traffic impacts.
RECOMMENDATION:
1. Approve and authorize City Manager to execute a Construction and Maintenance Agreement, with Southern California Regional Rail Authority in the amount of $250,000.00, for the construction of the Citrus Avenue at Ceres Avenue Traffic Signal Project (PN 3355).
2. Approve and authorize the City Manager to execute any future amendments to the Construction and Maintenance Agreement.
G. Approve a License Agreement with San Bernardino County Transportation Authority (SBCTA) for the construction of the Citrus Avenue at Ceres Avenue Traffic Signal Project..End
21-1285
20 City Council Meeting Minutes April 12, 2022
Council Member Sandoval pulled this item prior to the motion on the Consent Calendar for staff presentation and questions of the City Council.
Engineering Manager, Jeff Kim, provided a brief staff report.
Council Member Sandoval inquired on the additional traffic light and potential traffic impacts.
RECOMMENDATION:
1. Approve and authorize City Manager to execute a License Agreement with the San Bernardino County Transportation Authority (SBCTA) for the construction of the Citrus Avenue at Ceres Avenue Traffic Signal Project (PN 3355).
2. Approve and authorize the City Manager to execute any future amendments to the License Agreement.
H. Approve an Agreement related to the National Pollutant Discharge Elimination System (NPDES) Stormwater Permit
21-1289
Approve the National Pollutant Discharge Elimination System (NPDES) Stormwater Permit Implementation Agreement, entitled “Common Interest, Joint Defense, and Confidentiality Agreement Among Permittees” and Authorize the City Manager to execute the agreement on behalf of the City of Fontana as a Co-permittee.
I. Authorization of the Recruitment and Retention Incentive Program 21-1286 Interim City Manager Yauchzee requested that this item be removed from the Consent Calendar motion and tabled for a future agenda.
This item was not taken into consideration during this meeting.
J. Authorization to Share Data with California Franchise Tax Board 21-1275 Adopt Resolution No. 2022-021 of the City Council of the City of Fontana authorizing the City Manager to execute an agreement between the City of Fontana and the State of California Franchise Tax Board in the Local Government Sharing Program.
K. Award Bid and Contract for Household Hazardous Waste Management Services
21-1281
Approve, award bid (SP-41-PW-22) and authorize the City Manager to enter into a two-year contract with Clean Harbors Environmental Services, Inc. for Household Hazardous Waste Management Services with three (3) one-year extensions at the sole discretion of the City.
L. Award Contract (SP-49-DS-21) for the Local Early Action Planning (LEAP) Grant Administration
21-1251
Award bid (SP-49-DS-21)and authorize the City Manager to enter into a contract with Kimley Horn in the amount of $469,375 to facilitate the administration of the
21 City Council Meeting Minutes April 12, 2022
LEAP Grant Program.
M. Award Bid SB-56-PW-22 for the Walnut Village Iron Fencing Removal and Installation Project
21-1297
Council Member Sandoval pulled this item prior to the motion on the Consent Calendar for questions of staff.
Council Member Sandoval inquired on adding the cities of those companies who submitted the bids.
Both Public Works Manager West and Deputy City Manager Phil Burum provided the Council with an overview on how the bids are distributed to potential bidders, including Fontana businesses.
RECOMMENDATION:
Award bid and authorize the City Manager to execute a contract with J & A Engineering Corp. for the Walnut Village Iron Fencing and Installation Project in the amount of $449,526 with a 10% contingency in the amount of $44,952.
N. Declaring Surplus Land - Arrow Blvd. & Citrus Avenue Property 21-1306
1. Approve Resolution No. 2022-022 declaring that two City-owned vacant lots on the SWC of Arrow Blvd. and Citrus Avenue (Assessor ’s Parcel Numbers 0232-201-12 and 0232-201-13) are “Surplus Land” pursuant to the Surplus Land Act, Government Code Section 54220 Et Seq.; and approving the form of Notice of Availability.
2. Authorize the City Manager and /or his designee( s) to take all actions necessary or appropriate to comply with the Surplus Land Act.
O. Purchase One (1) AS-350 B-2 Aircraft (Helicopter) 21-1305
1. Authorize the Police Department to utilize Article V. PURCHASING Sec . 10-152. - Exceptions from bid procedures of the Fontana City Code to acquisition a helicopter along with additional safety and support equipment to be assigned to the air support unit.
2. Authorized the Police Chief or his designee to negotiate the purchase for the best value for the city.
3. Approve appropriation and allocate the amount of $ 3,000,000 from Fund 302 as part of the “American Rescue Plan Act” (ARPA Funds) and authorize the City Manager or his designee to execute all related contract documents.
P. Resolution Adopting the District Voter Map for the City of Fontana 21-1311
22 City Council Meeting Minutes April 12, 2022
Council Member Sandoval pulled this item prior to the motion on the Consent Calendar for staff presentation and questions of the City Council.
Interim Deputy City Manager, Ray Ebert, answered questions of Council Member Sandoval regarding the submission and amendment to the proposed map 104b.
ACTION: Motion was made by Mayor Pro Tem Garcia, seconded by Council Member Roberts, to approve Consent Calendar Item 'P' as follows:
Adopt Resolution No. 2022-023, A Resolution of the City Council of the City of Fontana, California, Adopting District Map for a By-District Electoral System and Certain Related Matters.
The motion passed by a 4-1 vote as follows: AYES: Warren, Garcia, Cothran, and Roberts; NOES: Sandoval; ABSTAIN: None
Q. Resolution of Intent to form Community Facilities District No. 109 (Narra Hills)
21-1313
1. Adopt Resolution No. 2022-024, of the City Council of the City of Fontana of Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes.
2. Adopt Resolution No. 2022-025, of the City Council of the City of Fontana to Incur Bonded Indebtedness of the Proposed City of Fontana Community Facilities District No. 109 (Narra Hills).
R. Adopt a Resolution Opposing SB 871 a School Vaccine
Requirement Bill
21-1325
Council Member Sandoval pulled this item prior to the motion on the Consent Calendar for questions of staff.
Council Member Sandoval inquired on who added this item to the agenda.
Mayor Warren announced that she had this item added onto the agenda and is asking for her colleagues to support the opposition of this bill.
Council Member Sandoval announced concerns on this item due to assumptions that this item would be passed prior to making the appropriate motion.
Mayor Pro Tem Garcia identified that the public misspoke regarding the action that the City Council would take on this item.
ACTION: Motion was made by Mayor Pro Tem Garcia, seconded by Council Member Roberts, to approve Consent Calendar Item 'R' as follows:
Adopt Resolution No, 2022- 026, of the City Council of the City of Fontana Opposing SB 871 a School Vaccine Requirement Bill.
23 City Council Meeting Minutes April 12, 2022
The motion passed by a 4-1 vote as follows: AYES: Warren, Garcia, Cothran, and Roberts; NOES: Sandoval; ABSTAIN: None
PUBLIC HEARINGS:
A. Adoption of a Resolution of the City Council of the City of Fontana Abandoning Undeveloped City-Owned Parkland Pursuant to the Municipal Park Abandonment Law of 1939 (Government Code sections 38501 et. seq.); and Determining that the Abandonment of the Parkland is Exempt from CEQA
21-1309
24 City Council Meeting Minutes April 12, 2022
Mayor Warren opened the public hearing.
City Clerk McClellan Key announced that the City Clerk's Office received a total of 29 letters in opposition of this item and such letters were transmitted to the City Council prior to the start of this meeting.
Additionally, City Clerk McClellan Key announced that we have 22 public communication cards on this item. Mayor Warren announced that the time allotment per speaker will be limited to one (1) minute and reminded the public to remain respectful throughout the item or the Council will call a recess.
Council Member Sandoval requested that the public receive two (2) minutes for their public communications.
Mayor Warren denied that request and the one (1) minute allotment remained.
Deputy City Manager Burum and Planning Director Patty Nevins provided the staff report.
The following individuals spoke in opposition of this item:
1. Miguel Aldana
2. Don Jackson
3. Amber Jackson
Mayor Warren interjected with a final reminder to the public to remain respectful during the comment period or the Council will call a recess.
4. Tanner Jackson
5. Angel Calleja
6. Mark Owen
7. Scott Vilahos
8. Gabriel Vargas
9. Hilary Jaynes
10. Aaron Bernstein
11. Mike Tomlinson
12. Dane Carus
13. Robert Bledsue
14. Raul Garcia Jr.
15. Rene Contreras
16. Samantha Herrera
17. Robert Austria
18. Elizabeth Sena
19. Ana Gonzalez
20. Amparo Munoz
21. Janet Bernabe
22. Alexis Jaymes
23. Eddie Lopez
25 City Council Meeting Minutes April 12, 2022
City Attorney Duran interrupted during Mr. Lopez's comment time to remind the members of the public that this is a public hearing and the public comment period for this hearing is limited to matters regarding the hearing only.
23. (cont.) Eddie Lopez
24. Joaquin Castillejos
25. Emmanuel Felix
26. Christian Aguayo
27. Adrian Garcia
28. Mayra Rivera
The following individuals were called during the public hearing but were not present in the Chambers:
1. Elena Aguayo
Mayor Pro Tem Garcia asked staff for further clarification on the potential plans for the property, estimate for improvement of the property, abandonment of the current bike trails and identification of the ownership of the property to the East of the property up for discussion.
Council Member Roberts asked staff if the sale of the property would eliminate the use for the biking activities.
Deputy City Manager Burum provided clarification accordingly. Additionally, Acting Community Services Director Daniel Schneider assisted with point of clarification.
City Attorney Duran interjected to clarify that the item before the City Council is the abandonment of the land not a sale of the property. Asked that Council conduct their comments regarding the abandonment and not a potential sale as that is not the public hearing.
Council Member Roberts commented on the request to continue this item in order to find a resolution for the groups that spoke during public communications.
Mayor Warren commented on the item before them and identified that there may be a few different options to ensure that the biking activities at this location can still occur, even with the abandonment of the property. Additionally, brought up alternative locations for some of the activities to relocate.
Council Member Cothran asked staff to identify if there is a way for the biking activities to be staged on City owned property, rather than the private property to ensure that the activity can still occur.
City Attorney Duran interjected asking the Mayor and City Council to call a 5 minute recess so that staff can locate a pointer to better identify the locations
26 City Council Meeting Minutes April 12, 2022
that they are speaking so that it is clear to both the Council, staff and the public.
Mayor Warren called a recess at 8:58 p.m.
Mayor Warren reconvened the meeting at 9:08 p.m. identifying that during the recess, the City Council spoke to the organizers to reconfirm that the action taking place during the public hearing will not eliminate the opportunity for the City to work with the groups to find a resolution and ensure that the activities that occur can continue.
Council Member Cothran identified that he spoke with Don Jackson to look at the specific trails that the bike races use in order to find a partnership with the City to find a resolution to continue the activities. The fire road within the subject matter was identified as a potential opportunity for the City to allow the bike racing organizers access to the trails, without being on private property as done in past years.
Mayor Warren spoke on the action during the public hearing will not hinder the assistance that the City will provide to both the biking organization, but also to the RC organization.
Council Member Cothran asked staff to assist with identifying the current staging area for the bike races within City owned property.
At this time, Mayor Warren asked Mr. Jackson to come to the podium for assistance with this.
Don Jackson approached the podium and provided further clarification on the set-up and structure of the races that occur on this property.
Council Member Cothran asked staff to clarify if they received funding from the County to do improvements to the park in question, Don Day.
Deputy City Manager Burum and Public Works Manager West confirmed that there were some funding allocated to Don Day Park.
Council Member Cothran requested that the Council do either a workshop or a sit down conversation in the near future with both organizing groups to ensure that they assist them with continuing their activities. Mayor Warren agreed that a sit down conversation would be preferred to partner with the organizations.
Council Member Sandoval asked Mayor Warren to table this item for a future agenda so that we can have these conversations before Council makes a motion.
Council Member Sandoval made a motion to table the item.
Mayor Warren did not agree with Council Member Sandoval's motion and would
27 City Council Meeting Minutes April 12, 2022
like to move forward with staff's recommendation on this item.
Council Member Cothran also added for clarification that during the recess break he spoke with Raul Garcia who represents the RC club that does activities on this property and would like staff to work with them in partnership to relocate their activities as well, potentially at Martin Tudor Park.
City Clerk McClellan Key noted for the record that the City Clerk's Office received an additional letter in opposition of this item for a grand total of 30 written correspondences which will be in the official record of the hearing.
City Attorney Duran also interjected with a request that if any additional Council Members spoke and discussed with any member of the public during the recess on this item, to voice those discussions now for the official record of the public hearing.
Council Member Roberts did not speak to the biking group, as there were two Council Members speaking to the group already and was advised by City Attorney Duran not to engage in the conversation to eliminate a Brown Act violation. Council Member Roberts did identify that in the public hearing process, no Council Member comes into the hearing with an idea on how they will vote.
The intent of the hearing process is to hear public testimony to assist in making the final decision and from the testimony received, Council Member Roberts would like the public to know that he was very impressed. Thanked Council Member Cothran for meeting with the public during the recess to sort through the confusion and provide further clarification for both parties.
Council Member Sandoval commented that he listened to the concerns of the public on the abandonment of this property and listened to the testimony.
Mayor Pro Tem Garcia commented in agreement with the Council in moving forward with this item and to create partnerships with those organization groups.
Council Member Cothran asked for one additional point of clarification that after this motion, the Council will be presented by staff the next steps in this process and at any point the City Council can recommend that the property be refurbished as a public park.
City Attorney Duran clarified the process in front of the Council within this public hearing. Should the Council motion to abandon the parkland, the property is still owned by the City, but that the City is abandoning the property as a park use.
Mayor Warren stated that the abandonment is tonight but the Council still has time to sit down and figure out the use of the property and the assistance of the groups after the motion.
Mayor Warren asked to make a motion that the Council vote to approve the abandonment, but sit down with the organizations to find a resolution for their
28 City Council Meeting Minutes April 12, 2022
specific causes.
City Attorney Duran advised the Mayor and City Council not to amend the wording in the Resolution before them but rather add a minute order directing staff to work with the organizations to address the issues that have been raised within the public hearing.
Deputy City Clerk Ashton Arocho interjected prior to the motion identifying that there is currently a motion on the floor made by Council Member Sandoval motioning to table this item for a future meeting. Noting for the record that there was no second to this motion, the motion died.
ACTION: Motion was made by Mayor Pro Tem Garcia to approve staff's recommendation. Mayor Warren amended the motion to include direction to staff to work with the groups heard during the public hearing to find a resolution on their concerns. Motion was seconded by Council Member Cothran, and passed by a vote of 4-1 to adopt Public Hearing Item 'A' as follows:
1. Conduct the public hearing; and
2. Adopt Resolution No. 2022 – 027, of the City Council of the City of Fontana Abandoning Undeveloped City-Owned Parkland Pursuant to the Municipal Park Abandonment Law of 1939; and Determining that the Abandonment of the Parkland is Exempt from CEQA.
The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts; NOES: Sandoval; ABSTAIN: None
CITY MANAGER COMMUNICATIONS:
A. City Manager Communications
Mayor Warren thanked Interim City Manager Yauchzee for his hard work, commitment and exceptional service to the City of Fontana and the Community, and especially to his leadership in guiding our team through the transition.
The entire City Council took the opportunity to personally thank Interim City Manager Yauchzee, as well as, City Attorney Duran, City Treasurer Koehler-Brooks and City Clerk McClellan Key.
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:
A. Elected Officials Communications/Reports
29 City Council Meeting Minutes April 12, 2022
Mayor Pro Tem Garcia thanked those who spoke during the public hearing.
Council Member Cothran thanked those who spoke during the public hearing and looks forward to working with those organizations in the near future; and invited the community to attend upcoming church services for the Easter celebration.
Council Member Sandoval thanked those who spoke during the public hearing and clarified on his reasoning for voting 'NO' for Public Hearing Item 'A'; reported on recent attendance at the City/County Conference in Lake Arrowhead, CA; extended condolences to the family of Cathy Lynn Richie; and closed with wishing older son a Happy Birthday.
Council Member Roberts reported on recent attendance at the City/County Conference in Lake Arrowhead, CA; thanked those who spoke during the public hearing; thanked Interim City Manager Yauchzee for all his dedication to the organization and wished the community a Happy Easter.
Mayor Warren announced the global impact from recently aired episode of Undercover Boss; thanked the City staff for all their assistance on the production of the show; thanked the residents who have reached out with the feedback from the show; thanked her family for their patience during the taping of the show; thanked staff for the recent screening of the show; reported on recent attendance at the City/County Conference in Lake Arrowhead, Ca.
Mayor Pro Tem Garcia also reported on recent attendance at the City/County Conference in Lake Arrowhead, CA.
City Clerk McClellan Key also reported on recent attendance at the City/County Conference in Lake Arrowhead, CA.
Mayor Warren announced her selection from the United States Conference of Mayors for selecting her to travel to Israel on behalf of the Mayors of the United States and reported on her recent attendance in Israel.
Mayor Warren congratulated Nadia Mireles, Senior at A.B. Miller, who was recently selected to represent the Inland Empire Boys and Girls Club.
ADJOURNMENT:
A. Adjournment
30 City Council Meeting Minutes April 12, 2022
Mayor Warren adjourned the meeting in memory of Donald McKnight and Kathy Lynn Richie.
The meeting adjourned at 9:53 p.m. to the Special City Council meeting on Wednesday, April 13, 2022, at 11:00 a.m. at the Jessie Turner Health and Fitness Community Center at 15556 Summit Avenue, Fontana, CA 92336 and to the next Regular City Council Meeting on Tuesday, April 26, 2022 at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.
______________________________
Ashton R. Arocho, MMC
Deputy City Clerk
THE FOREGOING MINUTES WERE APPROVED AND ADOPTED BY THE FONTANA CITY COUNCIL ON THE 26TH DAY OF APRIL 2022.
_____________________________
Germaine McClellan Key
City Clerk
31 Wednesday, April 13, 2022
11:00 AM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Jessie Turner Health & Fitness Community Center
15556 Summit Avenue
Fontana, CA 92335
Special City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia - Mayor Pro Tem
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Phillip Cothran - Council Member
Germaine McClellan Key - City Clerk
Janet Koehler-Brooks, City Treasurer
Minutes
32 CALL TO ORDER/ROLL CALL:
A. 11:00 A.M. Call To Order/Roll Call:
The Special City Council meeting was held at the Jessie Turner Health and Fitness Community Center at 15556 Summit Avenue, Fontana, CA 92336, on Wednesday, April 13, 2022. Mayor Warren called the meeting to order at 11:20 a.m.
ROLL CALL:
Present: Mayor Warren, Mayor Pro Tem Garcia, Council Members Cothran, Roberts, and Sandoval.
Absent: None
City Clerk McClellan Key and City Treasurer Koehler-Brooks were also in attendance.
INVOCATION/PLEDGE OF ALLEGIANCE:
A. Invocation/Pledge of Allegiance:
Following the invocation led by Council Member Roberts, the pledge of allegiance was led by Mayor Warren.
PUBLIC COMMUNICATIONS:
A. Public Communications
There were no public communications received.
WORKSHOP:
A. City Council Workshop
1. Goal Setting Workshop
The City's Vision, Mission, Goals and Objectives were discussed.
Discussion ensued on the Council goals as following:
1. Improve Public Safety
2. Operate in a Businesslike Manner
3. Promote Economic Development
4. Increase Citizen Involvement
5. Practice Sound Fiscal Management
6. Provide a Diverse Range of Housing Types and Levels of Affordability while Addressing Homelessness in the Community
7. Create and maintain a Dynamic Team
8. Concentrate on Inter-governmental relations
9. Enhance the Local environment for future generations and create a healthy economic and environmental future
10. Invest in the City's infrastructure
ADJOURNMENT:
33 Special City Council Meeting Minutes April 13, 2022
A. Adjournment
Mayor Warren adjourned the meeting at 3:10 p.m. to the next Regular City Council Meeting on April 26, 2022, at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.
___________________________
Ashton R. Arocho, MMC
Deputy City Clerk
THE FOREGOING MINUTES WERE APPROVED BY THE CITY COUNCIL ON THE 26TH DAY OF APRIL 2022.
__________________________
Germaine McClellan Key
City Clerk
34 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1343 Agenda Date: 4/26/2022
Agenda #: B. Category: Consent Calendar
FROM:
City Manager's Office
SUBJECT:
Adopt a Resolution Approving the Application for Grant Funds from the Recreational Trails Program RECOMMENDATION:
Adopt Resolution No. 2022 -______ of the City Council of the City of Fontana approving the application for grant funds from the Recreational Trails Program.
COUNCIL GOALS:
· To create a team by working together to provide stability and consistent policy direction. · To create a team by communicating Goals and Objectives to all sectors of the community. · To create a team by supporting the decisions of the majority once made.
DISCUSSION:
The City of Fontana is applying for a $3,048,700 grant from the State Recreational Trails Program to enhance certain segments of the Pacific Electric Trail. The grant process requires the City of Fontana to certify by resolution the approval of the application before submission to the State of California.
The grant funds will allow the city to install new drought tolerant landscaping and trees, benches, fitness equipment, and fencing.
FISCAL IMPACT:
None.
MOTION:
Approve staff recommendation.
City of Fontana Printed on 4/21/2022Page 1 of 1
powered by Legistar™
35 RESOLUTION NO.________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA
APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE
RECREATIONAL TRAILS PROGRAM
WHEREAS, the “Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users” provides funds to the State of California for Grants to federal, state, local and nonprofit organizations to acquire, develop and/or maintain motorized and nonmotorized trail Projects; and
WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing Project Application under the program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the Applicant to certify by resolution the approval of Application(s) before submission of said Application(s) to the State; and WHEREAS, the Applicant will enter into a Contract with the State of California to complete the Project(s);
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF FONTANA HEREBY:
1. Approves the filing of an Application for the Recreational Trails Program; and
2. Certifies that the Project is consistent with the Applicant’s general plan or the equivalent planning document; and
3. Certifies that said Applicant has or will have available prior to commencement of any work on the Project(s) included in this Application, sufficient funds to operate and maintain the Project(s); and
4. Certifies that the Applicant has reviewed, understands, and agrees to the General Provisions contained in the Contract shown in the Procedural Guide; and
5. Appoints the City Manager, or authorized representative, as agent to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the Project.
6. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.
36 APPROVE AND ADOPT this 26th day if April 2022
READ AND APPROVED AS TO LEGAL FORM:
___________________________________
City Attorney
I, Germaine McClellan Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council do hereby certify that the forgoing resolution is the actual resolution duly and regularly adopted by the City Council at the regular meeting on the 26th day of April by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
City Clerk of the City of Fontana
____________________________________
Mayor of the City of Fontana
ATTEST:
_____________________________________
City Clerk
37 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1359 Agenda Date: 4/26/2022
Agenda #: C. Category: Consent Calendar
FROM:
Public Works
SUBJECT:
Adopt Resolution for Projects Funded by the State of California Road Repair and Accountability Act SB-1
RECOMMENDATION:
Adopt Resolution No. 2022-____, of the City Council of the City of Fontana to incorporate projects funded by SB-1, the Road Repair and Accountability Act for Fiscal Year 2022/2023.
COUNCIL GOALS:
· To operate in a businesslike manner by improving services through the effective use of technology.
· To invest in the city's infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· To concentrate on inter-governmental relations by advocating Fontana's position in regional, state, and federal organizations.
DISCUSSION:
On April 28, 2017, the Governor of the State of California signed Senate Bill 1 (SB-1) the Road Repair and Accountability Act of 2017. The "Gas Tax" funds shall be for basic road maintenance, rehabilitation and critical safety needs on both state highway and the local street roadway system.
SB-1 emphasizes the importance of accountability and transparency in the delivery of California's transportation programs. Therefore, eligibility of Road Maintenance and Rehabilitation Account (RMRA) funding requires cities to adhere to specific documentation submittal to the California Transportation Commission (CTC).
Prior to the City of Fontana approving apportionment of RMRA funds, a list of projects proposed to be funded by SB-1 must be adopted by the City Council at a regular public meeting.
For Fiscal Year 2022/2023, it is anticipated the City will receive $4,876,781 of SB-1, RMRA funds.
The Public Works Department has identified Foothill Blvd. - East Av. to Hemlock Av. and streets South to County Line (Budget Estimated at $4.56 million) for pavement rehabilitation for use of these funds. If the City receives additional funds or if the City is unable to implement the Foothill Boulevard project due to unforeseen circumstances (e.g., Fontana Water Company construction), Public Works has identified the following list of projects for SB1, RMRA funding use:
City of Fontana Printed on 4/21/2022Page 1 of 2
powered by Legistar™
38 File #: 21-1359 Agenda Date: 4/26/2022
Agenda #: C. Category: Consent Calendar
· Marygold - Sierra Av. to Alder Av. (Budget Estimated at $0.62 million) · Grid 47 Residential - see attached exhibit (Budget Estimated at $0.40 million). · Commerce Way - Slover Av. to Santa Ana Av. (Budget Estimated at $0.39 million) · Business Dr. - Slover Av. to Santa Ana Av. (Budget Estimated at $0.40 million) · Santa Ana Av. - Commerce Wy. to Mulberry Av. (Budget Estimated at $0.27 million) · Grid 50 West - see attached exhibit. (Budget Estimated at $1.80 million) · Grid 15 East - see attached exhibit. (Budget Estimated at $5 million) · Hunter’s Ridge - see attached exhibit. (Budget Estimated at $2 million) The total added projects costs are estimated at $10.9 million. Additional funding will come from Fund 281 - Gas Tax, Fund 282 - Solid Waste Mitigation and Fund 302 - ARPA . The work will be completed prior to the end of May 2023.
FISCAL IMPACT:
Funds have been included in the proposed Fiscal Year 2022/23 Capital Improvement Program Budget specifically in the Pavement Rehabilitation RMRA Project # 38104130.283.
The estimated budget for this project is $4,145,000 and will be adjusted accordingly to actual funding received. Additional funding for added projects will come from Fund 281 - Gas Tax, Fund 282 - Solid Waste Mitigation, and Fund 302 - ARPA
MOTION:
Approve staff recommendation.
City of Fontana Printed on 4/21/2022Page 2 of 2
powered by Legistar™
39
Regular City Council Meeting – April 26, 2022
RESOLUTION NO. 2022-_
RESOLUTION AMENDING THE 2022-23 BUDGET TO
INCORPORATE A LIST OF PROJECTS FUNDED BY SB 1:
THE ROAD REPAIR AND ACCOUNTABILITY ACT
WHEREAS, Senate Bill 1 (SB-1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi -modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Fontana are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City of Fontana must include a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, in the City of Fontana budget, which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; and
WHEREAS, the City of Fontana, will receive an estimated $$4,145,574 in RMRA funding in Fiscal Year 2022-23 from SB-1; and
WHEREAS, the City of Fontana shall include the RMRA funding in the 2022-23 fiscal year budget and 7-year CIP which will be adopted June 14, 2022; and
WHEREAS, the City of Fontana used a Pavement Management System to develop the SB- 1 project list to ensure revenues are being used on the most high -priority and cost -effective projects that also meet the community's priorities for transportation investment; and
WHEREAS, the funding from SB-1 will help the City of Fontana maintain and rehabilitate eighteen (18) Lane Miles of roads throughout the City of Fontana this year and many similar projects into the future; and
WHEREAS, the 2016 California Statewide Local Streets and Roads Needs Assessment found that the City of Fontana streets and roads are in an "above average" condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a "good" condition; and
WHEREAS, without revenue from SB-1, the City of Fontana, would have otherwise been postponing certain projects throughout the community; and 40
Regular City Council Meeting - May 25, 2021
WHEREAS, if the Legislature and Governor failed to act, city streets and county roads would have continued to deteriorate, having many and varied negative impacts on our community; and
WHEREAS, cities and counties own and operate more than 81 percent of streets and roads in California, and from the moment we open our front door to drive to work, bike to school, or walk to the bus station, people are dependent upon a safe, reliable local transportation network; and
WHEREAS, modernizing the local street and road system provides well -paying construction jobs and boosts local economies; and
WHEREAS, the local street and road system is also critical for, interconnectivity, multimodal needs, and commerce; and
WHEREAS, police, fire, and emergency medical services all need safe reliable roads to react quickly to emergency calls and a few minutes of delay can be a matter of life and death; and
WHEREAS, maintaining and preserving the local street and road system in good condition will reduce drive times and traffic congestion, improve bicycle safety, and make the pedestrian experience safer and more appealing, which leads to reduced vehicle emissions helping the State achieve its air quality and greenhouse gas emissions reductions goals; and
WHEREAS, restoring roads before they fail reduces construction time and expenses which result in less air pollution from heavy equipment and less water pollution from site run-off; and
WHEREAS, the SB -1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting -edge technology, materials and practices, will have significant positive co-benefits statewide. SB -1 will expedite the maintenance effort citywide on the most high-priority and cost-effective projects and help meet the need for the community's priorities for transportation investment.
NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Fontana, State of California, as follows:
Section1. The foregoing recitals are true and correct.
Section 2. The City of Fontana adopted budget for fiscal year 202 1-22 shall incorporate the following list of projects planned to be funded with Road Maintenance and Rehabilitation Account revenues:
41 Regular City Council Meeting - May 25, 2021
Description/Location: Pavement Rehabilitation Project SB-1/RMRA 38104130.
Walnut St
Marlay Avenue -
Cherry Avenue -
Alder Avenue -
Cherry Avenue to Citrus Avenue
Etiwanda Avenue to Mulberry Avenue
Foothill Boulevard to Baseline Avenue
Arrow Boulevard to Baseline Avenue
Estimated Useful Life: 10 years to 15 years.
Anticipated year of construction: 2021/22 .
Section 3. The City of Fontana shall adopt the budget for Fiscal Year 2023-23 on June 14, 2022 as follows:
Description/Location: Pavement Rehabilitation Project -SB1 / RMRA 38104130
Foothill Boulevard Pavement
Rehabilitation
Foothill Boulevard, from East Avenue to
Hemlock Avenue, and all streets south of
Foothill Boulevard to County line.
Marygold Avenue Pavement
Rehabilitation
Sierra Avenue to Alder Avenue
Grid 47 Residential Pavement
Rehabilitation
Aliso Drive, Oleander to end of cul-de-sac
Aliso Drive, Juniper to Nuevo Court
Nuevo Court, Aliso Drive to end of cul-de-sac
Bennett Drive, Santa Ana Avenue to Ash
Drive
Ash Drive, Bennett Drive to Sierra Avenue
Nuevo Drive, Santa Ana Avenue to Manila
Court
Manila Court, Nuevo Drive to end of cul-de-
sac
Shelly Court, Nuevo Drive to end of cul-de-
sac
Commerce Way Pavement
Rehabilitation
Santa Ana Avenue to Slover Avenue
Business Drive Pavement
Rehabilitation
Santa Ana Avenue to Slover Avenue
Santa Ana Avenue Pavement
Rehabilitation
Commerce Way to Mulberry Avenue
Grid 50 West Residential Pavement
Rehabilitation
All streets between Mulberry Avenue &
Rancherias Avenue and Jurupa Avenue & El
Contento Avenue
42 Grid 15 East Residential Pavement
Rehabilitation
All streets between Mango Avenue &
Palmetto Avenue and South Highland
Avenue and Baseline Avenue
Hunter’s Ridge Pavement
Rehabilitation
All pavement rehabilitation in Hunter’s Ridge
required for a slurry seal
APPROVED AND ADOPTED this 26th day of April 2022.
READ AND APPROVED AS TO LEGAL FORM:
City Attorney
I, Tonia Lewis, City Clerk of the City of Fontana, California, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Resolution is the actual Resolution duly and regularly adopted by the City Council at a regular meeting on the 25th day of May by the following vote to wit:
AYES:
NOES:
ABSENT:
City Clerk of the City of Fontana
Mayor of the City of Fontana
ATTEST:
City Clerk
Page
43 -117.479 34.37 Degrees
44 45
46 47
48 49
50 51
52 53
54 55
56 57
58 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1318 Agenda Date: 4/26/2022
Agenda #: D. Category: Consent Calendar
FROM:
Engineering
SUBJECT:
Approve a Dedication of Right of Way for Assessor Parcel No. 0232-201-12 related to the Arrow Blvd at Tokay Avenue Traffic Signal Project
RECOMMENDATION:
Approve and authorize the City Manager to execute a dedication of right of way for Assessor Parcel No. 0232-201-12 related to the Arrow Blvd at Tokay Avenue Traffic Signal Project COUNCIL GOALS:
· To invest in the city's infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· To invest in the city's infrastructure (streets, sewers, parks, etc.) by focusing on relief of traffic congestion.
· To invest in the city's infrastructure (streets, sewers, parks, etc.) by creating and promoting community through people, parks, and programs.
DISCUSSION:
On November 9th, 2021, the City Council approved a Sale Agreement between the City of Fontana and Rosemead Properties Inc. for the acquisition of two vacant properties (APNs 0232-201-12 and 0232-201-13) located on the southeast corner of Arrow Boulevard and Tokay Avenue. In March 2022, the transfer of the properties’ title to the City of Fontana has been completed.
On June 8th, 2021, the City Council approved the City of Fontana’s Seven-Year Capital Improvement Program (CIP) Budget which includes the Arrow Blvd at Tokay Avenue Traffic Signal project (PN 3354). The traffic signal project proposes construction of a new traffic signal and street improvements at ultimate width which requires right of way acquisition from the APN 0232-201-12.
This action will dedicate an easement from the City-owned property (APN 0232-201-01) for street, highway and public utility purposes to the City of Fontana for the traffic signal and street improvements.
FISCAL IMPACT:
There is no fiscal impact resulting from this action.
MOTION:
Approve staff recommendation
City of Fontana Printed on 4/21/2022Page 1 of 2
powered by Legistar™
59 File #: 21-1318 Agenda Date: 4/26/2022
Agenda #: D. Category: Consent Calendar
City of Fontana Printed on 4/21/2022Page 2 of 2
powered by Legistar™
60 N01 inch = 600 feet1200600
PROJECT LOCATIONARROW BLVD AND TOKAY AVETRAFFIC SIGNAL PROJECT(PN 3354) 61 Sheet 1 of 4
City Index No.__________
APN: 0232-201-12 R/W
Recording Requested By
City of Fontana
When Recorded, Mail To:
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Attn: Engineering Division
APN: 0232-201-12
Arrow Route & Tokay Avenue
No Recording Fee Required;
This Document is Exempt from
Fee Pursuant to Government
Code Section 27383
Documentary Tax Due: $ None
By:
EASEMENT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Fontana, a California Municipal Corporation (“Grantor”), does hereby dedicate to the CITY OF FONTANA, a California Municipal Corporation (“Grantee”) on behalf of the PUBLIC, an EASEMENT for street, highway and public utility purposes over, under and upon the real property in the City of Fontana, County of San Bernardino, State of California described as follows:
Said Easement is more specifically described in EXHIBIT “A”, sheet 3 of 4 and shown on Sketch EXHIBIT “B”, sheet 4 of 4, both attached hereto.
City of Fontana, a California Municipal Corporation
By: Shannon Yauchzee Date
Title: Interim City Manager
(Signatures must be Notarized, see Sheet 2 for All-Purpose Notary Acknowledgement) By: Matt Ballantyne
Title: City Manager
62 Sheet 2 of 4
City Index No.__________
APN: 0232-201-12 R/W
CALIFORNIA ALL- PURPOSE ACKNOWLEDGEMENT
State of California }
County of San Bernardino }
On before me, , Notary Public,
DATE NAME, TITLE OF OFFICER
personally appeared
NAME(S) OF SIGNER(S)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY PUBLIC
CITY OF FONTANA ACCEPTANCE CERTIFICATE
This is to certify that the interest in real property conveyed by the Easement Deed or Grant Deed dated from the City of Fontana, a California Municipal Corporation , to the City of Fontana, a Municipal Corporation, is hereby accepted by the undersigned officer pursuant to authority conferred by resolution of the City Council adopted on July 16, 1991; and the grantee consents to the recordation thereof by its duly authorized officer.
Ricardo Sandoval, P.E., L.S.
City Engineer, City of Fontana
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of the document. 63 Sheet 3 of 4
City Index No.__________
APN: 0232-201-12 R/W
EXHIBIT “A”
APN: 0232-201-12
LEGAL DESCRIPTION:
BEING A PORTION OF THE WEST HALF OF LOT 193 OF ETIWANDA VINEYARDS, PER PLAT RECORDED IN BOOK 17 OF MAPS, PAGE 29, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, FURTHER DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF ARROW ROUTE (GRAND AVENUE) WITH THE
EAST LINE OF TOKAY AVENUE (TOKAY STREET) AS SHOWN ON SAID PLAT, SAID SOUTH LINE OF ARROW ROUTE BEING 25.00 FEET SOUTH OF, AND PARALLEL WITH, THE CENTERLINE OF SAID ARROW ROUTE, AND SAID EAST LINE OF TOKAY AVENUE BEING 25.00 FEET EAST OF, AND PARALLEL WITH, THE CENTERLINE OF SAID TOKAY AVENUE; THENCE NORTH 89°31’50” EAST ALONG SAID SOUTH LINE OF ARROW ROUTE, 321.46 FEET TO THE EAST LINE OF SAID WEST HALF OF SAID LOT 193; THENCE SOUTH 00°08’56” EAST ALONG SAID EAST LINE, 27.00 FEET TO A LINE THAT IS 52.00 FEET SOUTH OF, AND PARALLEL WITH, SAID CENTERLINE OF ARROW ROUTE; THENCE SOUTH 89°31’50” WEST ALONG SAID PARALLEL LINE, 289.13 FEET; THENCE SOUTH 44°40’27” WEST, 33.04 FEET TO A LINE THAT IS 34.00 FEET EAST OF, AND PARALLEL WITH, SAID CENTERLINE OF TOKAY AVENUE; THENCE SOUTH 00°10’55” EAST ALONG SAID PARALLEL LINE, 254.69 FEET TO THE SOUTH LINE OF SAID LOT 193; THENCE SOUTH 89°31’49” WEST ALONG SAID SOUTH LINE, 9.00 FEET TO THE EAST LINE OF TOKAY AVENUE PER SAID PLAT, SAID LINE BEING 25.00 FEET EAST OF, AND PARALLEL WITH, SAID CENTERLINE OF TOKAY AVENUE; THENCE NORTH 00°10’55” WEST ALONG SAID EAST LINE, 305.00 FEET TO THEPOINT OF BEGINNING.
CONTAINING APPROXIMATELY 11,453 S.F., 0.263 ACRES
SEE EXHIBIT “B”, SKETCH TO ACCOMPANY LEGAL DESCRIPTION AND BY THIS REFERENCE MADE A PART HEREOF.
PREPARED BY:
MARK WARE, P.L.S. 5820 DATE 04-05-22
64 ARROW BOULEVARD
65 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1319 Agenda Date: 4/26/2022
Agenda #: E. Category: Consent Calendar
FROM:
Engineering
SUBJECT:
Award a Construction Contract for the Sierra Avenue Widening Project between Foothill Boulevard and Baseline Avenue
RECOMMENDATION:
1. Approve and authorize the City Manager to award and execute a construction contract with the lowest responsible/responsive bidder for the Sierra Avenue Widening Project between Foothill Boulevard and Baseline Avenue (Bid No. SB-86-DE-22)
2. Authorize the City Manager to execute any and all utility agreements and any related items on behalf of the City of Fontana for the Sierra Avenue Widening Project between Foothill Boulevard and Baseline Avenue
3. Authorize the City Manager to execute Quit Claim deeds for any and all Temporary Construction easements and related documents upon project completion for the Sierra Avenue Widening Project between Foothill Boulevard and Baseline Avenue
4. Authorize the City Manager to execute any and all contract amendments on behalf of the City of Fontana for the Sierra Avenue Widening Project between Foothill Boulevard and Baseline Avenue COUNCIL GOALS:
· To invest in the city's infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· To invest in the city's infrastructure (streets, sewers, parks, etc.) by improving the aesthetics of the community.
· To invest in the city's infrastructure (streets, sewers, parks, etc.) by focusing on relief of traffic congestion.
DISCUSSION:
City of Fontana’sapproved Capital Improvement Program Budget includes the Sierra Avenue from Foothill Boulevard to Baseline Avenue Street Improvement Project. The proposed improvements include widening Sierra Avenue to six-lane with curb, gutter, sidewalks, raised landscaped median, decorative streetlights, and a new traffic signal at Sierra Avenue and Reed Street intersection. The construction of the project is expected to begin in Summer 2022.
It is anticipated that the lowest responsible/responsive bidder will be determined shortly after the City Council approval of this item. Staff is requesting that City Manager be authorized to award and City of Fontana Printed on 4/21/2022Page 1 of 2
powered by Legistar™
66 File #: 21-1319 Agenda Date: 4/26/2022
Agenda #: E. Category: Consent Calendar
Council approval of this item. Staff is requesting that City Manager be authorized to award and execute a construction contract with the lowest responsive/responsible bidder in order to expedite the contract approval process and accommodate the project schedules, provided that the construction contract cost, including contingency, is within the project budget. In addition, staff is requesting that City Manager be authorized to execute any utility agreements, real property acquisition agreements, and contract amendments in order to expedite the schedules.
The project is expected to start construction by June 2022 with the completion date of July 2023.
FISCAL IMPACT:
Funds for the construction are budgeted in Fiscal Year 2021/2022 in Measure I Arterial Fund 245 and the City's Circulation Mitigation Fund 630 in Project No. 3281, Sierra Avenue widening project from Foothill Boulevard to Baseline Avenue.
MOTION:
Approve staff recommendation.
City of Fontana Printed on 4/21/2022Page 2 of 2
powered by Legistar™
67 N01 inch = 800 feet1600800
SIERRA AVENUE WIDENING PROJECTFROM FOOTHILL BOULEVARD TO BASELINE AVENUEBID NO. SB-86-DE-22(PROJECT NO. 3281)PROJECT LOCATION 68 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1322 Agenda Date: 4/26/2022
Agenda #: F. Category: Consent Calendar
FROM:
Public Works
SUBJECT:
Final Acceptance of Energy Services Project Park Lighting Upgrade (MS-209-PW-20) RECOMMENDATION:
1. Accept as complete the work performed by Alliance Building Solutions, Inc. for Energy Services Project Park Lighting Upgrade, and approve the final construction cost of $3,697,716;
2. Authorize the Public Works Director to file a Notice of Completion and release the 5% retention COUNCIL GOALS:
· To invest in the city's infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· To preserve the local environment for generations to come and to create a healthy economic and environmental future by committing to conservation and efficiency in city buildings and equipment.
· To preserve the local environment for generations to come and to create a healthy economic and environmental future by committing to purchasing specific products and goods that are climate-friendly
· To preserve the local environment for generations to come and to create a healthy economic and environmental future by promoting programs that encourage reducing Green House gas emissions.
DISCUSSION:
On January 28th, 2020 the City Council awarded an Energy Services Contract to Alliance Building Solutions, Inc. in the amount of $3,697,716 and authorized a 5% contingency amount of $184,886 for Energy Services Project Park Lighting Upgrade.
The project was completed on 3/17/2022 with a final construction cost of $3,697,716. No contract change orders were needed to complete the project. All work has been completed to the satisfaction of the City.
This project updated the security lighting at 30 different park sites and updated the sports lighting in 14 parks using new fixtures with Light Emitting Diode (LED) technology.
FISCAL IMPACT:
City of Fontana Printed on 4/21/2022Page 1 of 2
powered by Legistar™
69 File #: 21-1322 Agenda Date: 4/26/2022
Agenda #: F. Category: Consent Calendar
Funding for this project was budgeted in the Future Capital Projects Fund #603, in the Energy Services Park Lighting Project #38200002. Remaining funds in this project will be returned to fund balance.
MOTION:
Approve Staff Recommendation
City of Fontana Printed on 4/21/2022Page 2 of 2
powered by Legistar™
70 Fontana Parks
Parks Lighting Project
71 Table of Contents
1. Scope Of Work
2. Lighting Inventories
3. Lighting Spec Sheets
4. Sports Lighting Inspection Log
5. Warranties
Veterans Park Parking Lot: Before Picture
Veterans Park Parking Lot: After Picture
72 Fontana Parks
Scope of Work
73 Upgrade
Exterior
Lighting
to LED
Upgrade
Sports
Lighting
to LED
Bill Martin Park X X
Chaparelle Park X X
Condor Park X
Coyote Canyon Park X X
Fernandez Park X
Heritage Circle Park X
Hunter Ridge Park X X
Jack Bulik Park X X
Koehler Park X X
Martin Tutor Park X X
McDermott Sports Complex X
North Gate Park X X
North Heritage Park X
North Tamarind Park X
Oak Park X
Pacific Electric Trail X
Patricia Marrujo Park X
Patricia Murray Park X
Ralph M. Lewis Park X X
Rosena Park East X
Rosena Park West X
San Sevaine Park X X
Sante Fe Park X
Seveille Park X
Shadow Park X
Sierra Crest Park X
South Ridge Park X X
Sycamore Park X X
Veterans Park X X
Village Park X X
Fontana Parks Scope Matrix
DocuSign Envelope ID: C8E955EE-5469-4786-A51B-A9DA4134AB72 74 12520 High Bluff Drive Suite 345, San Diego, CA 92130 (858) 333-4775 www.absenergy.com Contractor’s License # 1008135
Bill Martin Park
Lighting
Replace identified existing exterior high intensity discharge (HID), incandescent, and fluorescent lighting systems with high efficiency light emitting diode (LED) systems.
Installation includes disposal of existing lighting systems and installation of new equipment. Refer to the detailed lighting inventory list at the end of this section for identified fixtures, specific quantities, and locations.
Chaparelle Park
Lighting
Replace identified existing exterior high intensity discharge (HID), incandescent, and fluorescent lighting systems with high efficiency light emitting diode (LED) systems.
Installation includes disposal of existing lighting systems and installation of new equipment. Refer to the detailed lighting inventory list at the end of this section for identified fixtures, specific quantities, and locations.
Condor Park
Lighting
Replace identified existing exterior high intensity discharge (HID), incandescent, and fluorescent lighting systems with high efficiency light emitting diode (LED) systems.
Installation includes disposal of existing lighting systems and installation of new equipment. Refer to the detailed lighting inventory list at the end of this section for identified fixtures, specific quantities, and locations.
Coyote Canyon Park
Lighting
Replace identified existing exterior high intensity discharge (HID), incandescent, and fluorescent lighting systems with high efficiency light emitting diode (LED) systems.
Installation includes disposal of existing lighting systems and installation of new equipment. Refer to the detailed lighting inventory list at the end of this section for identified fixtures, specific quantities, and locations.
DocuSign Envelope ID: C8E955EE-5469-4786-A51B-A9DA4134AB72 75 12520 High Bluff Drive Suite 345, San Diego, CA 92130 (858) 333-4775 www.absenergy.com Contractor’s License # 1008135
Fernandez Park
Lighting
Replace identified existing exterior high intensity discharge (HID), incandescent, and fluorescent lighting systems with high efficiency light emitting diode (LED) systems.
Installation includes disposal of existing lighting systems and installation of new equipment. Refer to the detailed lighting inventory list at the end of this section for identified fixtures, specific quantities, and locations.
Heritage Circle Park
Lighting
Replace identified existing exterior high intensity discharge (HID), incandescent, and fluorescent lighting systems with high efficiency light emitting diode (LED) systems.
Installation includes disposal of existing lighting systems and installation of new equipment. Refer to the detailed lighting inventory list at the end of this section for identified fixtures, specific quantities, and locations.
Hunter Ridge Park
Lighting
Replace identified existing exterior high intensity discharge (HID), incandescent, and fluorescent lighting systems with high efficiency light emitting diode (LED) systems.
Installation includes disposal of existing lighting systems and installation of new equipment. Refer to the detailed lighting inventory list at the end of this section for identified fixtures, specific quantities, and locations.
Jack Bulik Park
Lighting
Replace identified existing exterior high intensity discharge (HID), incandescent, and fluorescent lighting systems with high efficiency light emitting diode (LED) systems.
Installation includes disposal of existing lighting systems and installation of new equipment. Refer to the detailed lighting inventory list at the end of this section for identified fixtures, specific quantities, and locations.
DocuSign Envelope ID: C8E955EE-5469-4786-A51B-A9DA4134AB72 76 12520 High Bluff Drive Suite 345, San Diego, CA 92130 (858) 333-4775 www.absenergy.com Contractor’s License # 1008135
Koehler Park
Lighting
Replace identified existing exterior high intensity discharge (HID), incandescent, and fluorescent lighting systems with high efficiency light emitting diode (LED) systems.
Installation includes disposal of existing lighting systems and installation of new equipment. Refer to the detailed lighting inventory list at the end of this section for identified fixtures, specific quantities, and locations.
Martin Tutor Park
Lighting
Replace identified existing exterior high intensity discharge (HID), incandescent, and fluorescent lighting systems with high efficiency light emitting diode (LED) systems.
Installation includes disposal of existing lighting systems and installation of new equipment. Refer to the detailed lighting inventory list at the end of this section for identified fixtures, specific quantities, and locations.
McDermott Sports Complex
Lighting
Replace identified existing exterior high intensity discharge (HID), incandescent, and fluorescent lighting systems with high efficiency light emitting diode (LED) systems.
Installation includes disposal of existing lighting systems and installation of new equipment. Refer to the detailed lighting inventory list at the end of this section for identified fixtures, specific quantities, and locations.
North Gate Park
Lighting
Replace identified existing exterior high intensity discharge (HID), incandescent, and fluorescent lighting systems with high efficiency light emitting diode (LED) systems.
Installation includes disposal of existing lighting systems and installation of new equipment. Refer to the detailed lighting inventory list at the end of this section for identified fixtures, specific quantities, and locations.
DocuSign Envelope ID: C8E955EE-5469-4786-A51B-A9DA4134AB72 77 12520 High Bluff Drive Suite 345, San Diego, CA 92130 (858) 333-4775 www.absenergy.com Contractor’s License # 1008135
North Heritage Park
Lighting
Replace identified existing exterior high intensity discharge (HID), incandescent, and fluorescent lighting systems with high efficiency light emitting diode (LED) systems.
Installation includes disposal of existing lighting systems and installation of new equipment. Refer to the detailed lighting inventory list at the end of this section for identified fixtures, specific quantities, and locations.
North Tamarind Park
Lighting
Replace identified existing exterior high intensity discharge (HID), incandescent, and fluorescent lighting systems with high efficiency light emitting diode (LED) systems.
Installation includes disposal of existing lighting systems and installation of new equipment. Refer to the detailed lighting inventory list at the end of this section for identified fixtures, specific quantities, and locations.
Oak Park
Lighting
Replace identified existing exterior high intensity discharge (HID), incandescent, and fluorescent lighting systems with high efficiency light emitting diode (LED) systems.
Installation includes disposal of existing lighting systems and installation of new equipment. Refer to the detailed lighting inventory list at the end of this section for identified fixtures, specific quantities, and locations.
Pacific Electric Trail
Lighting
Replace identified existing exterior high intensity discharge (HID), incandescent, and fluorescent lighting systems with high efficiency light emitting diode (LED) systems.
Installation includes disposal of existing lighting systems and installation of new equipment. Refer to the detailed lighting inventory list at the end of this section for identified fixtures, specific quantities, and locations.
DocuSign Envelope ID: C8E955EE-5469-4786-A51B-A9DA4134AB72 78 12520 High Bluff Drive Suite 345, San Diego, CA 92130 (858) 333-4775 www.absenergy.com Contractor’s License # 1008135
Patricia Marrujo Park
Lighting
Replace identified existing exterior high intensity discharge (HID), incandescent, and fluorescent lighting systems with high efficiency light emitting diode (LED) systems.
Installation includes disposal of existing lighting systems and installation of new equipment. Refer to the detailed lighting inventory list at the end of this section for identified fixtures, specific quantities, and locations.
Patricia Murray Park
Lighting
Replace identified existing exterior high intensity discharge (HID), incandescent, and fluorescent lighting systems with high efficiency light emitting diode (LED) systems.
Installation includes disposal of existing lighting systems and installation of new equipment. Refer to the detailed lighting inventory list at the end of this section for identified fixtures, specific quantities, and locations.
Ralph M. Lewis Park
Lighting
Replace identified existing exterior high intensity discharge (HID), incandescent, and fluorescent lighting systems with high efficiency light emitting diode (LED) systems.
Installation includes disposal of existing lighting systems and installation of new equipment. Refer to the detailed lighting inventory list at the end of this section for identified fixtures, specific quantities, and locations.
Rosena Park East
Lighting
Replace identified existing exterior high intensity discharge (HID), incandescent, and fluorescent lighting systems with high efficiency light emitting diode (LED) systems.
Installation includes disposal of existing lighting systems and installation of new equipment. Refer to the detailed lighting inventory list at the end of this section for identified fixtures, specific quantities, and locations.
DocuSign Envelope ID: C8E955EE-5469-4786-A51B-A9DA4134AB72 79 12520 High Bluff Drive Suite 345, San Diego, CA 92130 (858) 333-4775 www.absenergy.com Contractor’s License # 1008135
Rosena Park West
Lighting
Replace identified existing exterior high intensity discharge (HID), incandescent, and fluorescent lighting systems with high efficiency light emitting diode (LED) systems.
Installation includes disposal of existing lighting systems and installation of new equipment. Refer to the detailed lighting inventory list at the end of this section for identified fixtures, specific quantities, and locations.
San Sevaine Park
Lighting
Replace identified existing exterior high intensity discharge (HID), incandescent, and fluorescent lighting systems with high efficiency light emitting diode (LED) systems.
Installation includes disposal of existing lighting systems and installation of new equipment. Refer to the detailed lighting inventory list at the end of this section for identified fixtures, specific quantities, and locations.
Sante Fe Park
Lighting
Replace identified existing exterior high intensity discharge (HID), incandescent, and fluorescent lighting systems with high efficiency light emitting diode (LED) systems.
Installation includes disposal of existing lighting systems and installation of new equipment. Refer to the detailed lighting inventory list at the end of this section for identified fixtures, specific quantities, and locations.
Seveille Park
Lighting
Replace identified existing exterior high intensity discharge (HID), incandescent, and fluorescent lighting systems with high efficiency light emitting diode (LED) systems.
Installation includes disposal of existing lighting systems and installation of new equipment. Refer to the detailed lighting inventory list at the end of this section for identified fixtures, specific quantities, and locations.
DocuSign Envelope ID: C8E955EE-5469-4786-A51B-A9DA4134AB72 80 12520 High Bluff Drive Suite 345, San Diego, CA 92130 (858) 333-4775 www.absenergy.com Contractor’s License # 1008135
Shadow Park
Lighting
Replace identified existing exterior high intensity discharge (HID), incandescent, and fluorescent lighting systems with high efficiency light emitting diode (LED) systems.
Installation includes disposal of existing lighting systems and installation of new equipment. Refer to the detailed lighting inventory list at the end of this section for identified fixtures, specific quantities, and locations.
Sierra Crest Park
Lighting
Replace identified existing exterior high intensity discharge (HID), incandescent, and fluorescent lighting systems with high efficiency light emitting diode (LED) systems.
Installation includes disposal of existing lighting systems and installation of new equipment. Refer to the detailed lighting inventory list at the end of this section for identified fixtures, specific quantities, and locations.
South Ridge Park
Lighting
Replace identified existing exterior high intensity discharge (HID), incandescent, and fluorescent lighting systems with high efficiency light emitting diode (LED) systems.
Installation includes disposal of existing lighting systems and installation of new equipment. Refer to the detailed lighting inventory list at the end of this section for identified fixtures, specific quantities, and locations.
Sycamore Park
Lighting
Replace identified existing exterior high intensity discharge (HID), incandescent, and fluorescent lighting systems with high efficiency light emitting diode (LED) systems.
Installation includes disposal of existing lighting systems and installation of new equipment. Refer to the detailed lighting inventory list at the end of this section for identified fixtures, specific quantities, and locations.
DocuSign Envelope ID: C8E955EE-5469-4786-A51B-A9DA4134AB72 81 12520 High Bluff Drive Suite 345, San Diego, CA 92130 (858) 333-4775 www.absenergy.com Contractor’s License # 1008135
Veterans Park
Lighting
Replace identified existing exterior high intensity discharge (HID), incandescent, and fluorescent lighting systems with high efficiency light emitting diode (LED) systems.
Installation includes disposal of existing lighting systems and installation of new equipment. Refer to the detailed lighting inventory list at the end of this section for identified fixtures, specific quantities, and locations.
Install new lighting fixtures to illuminate the Veterans’ Memorial located in the park.
Installation will include routing new electrical service to the new lighting fixtures and installation of all new supports for the lighting. Refer to the detailed lighting inventory list at the end of this section for specific quantities and proposed fixtures.
Village Park
Lighting
Replace identified existing exterior high intensity discharge (HID), incandescent, and fluorescent lighting systems with high efficiency light emitting diode (LED) systems.
Installation includes disposal of existing lighting systems and installation of new equipment. Refer to the detailed lighting inventory list at the end of this section for identified fixtures, specific quantities, and locations.
DocuSign Envelope ID: C8E955EE-5469-4786-A51B-A9DA4134AB72 82 Fontana Parks
Lighting Inventories
83 Fontana Parks - Lighting Inventory
Line Measure Type Site Qty Fixture Description Lamp Description Lamp Type
Fixture
Watts Qty Item Number Description Lamp
Type
Fixture
Watts
1 Exterior (Dusk-Dawn) Bill Martin Park 15 Knuckle Mount Flood (1) 250W MH MH 295 15 NV-1-32L-700-50K-UNV-KM-BRZ LED Flood LED 71 2 Sports Field Bill Martin Park 155 Sports Lights (1) 1500W MH MH 1610 155 NLS VUE 4 Sports LED Sports Field Fixture LED 809 3 Exterior (Dusk-Dawn) Bill Martin Park 3 Mini Wall Pack (1) 26W CFL CFL 26 3 PQL 17W Mini Wall Pack LED Wall Pack LED 17 4 Exterior (Dusk-Dawn) Bill Martin Park 5 Restroom Surface Mount (4) 32W T8 T8 128 5 L48T8/850 12G EB LED T8 Tube LED 48 5 Exterior (Dusk-Dawn) Bill Martin Park 12 Wall Pack (1) 50W MH MH 72 12 GC-A21/850 120-277V LED Lamp LED 16.5 6 Sports Field Chaparelle Park 35 Sports Lights (1) 1500W MH MH 1610 35 NLS VUE 4 Sports LED Sports Field Fixture LED 809 7 Exterior (Dusk-Dawn) Chaparelle Park 6 Mini Wall Pack (1) 50W MH MH 72 6 PQL 17W Mini Wall Pack LED Wall Pack LED 17 8 Exterior (Dusk-Dawn) Condor Park 9 Pathway Lighting 14' (1) 150W MH [, E40] MH 190 9 LED-FXSAL75/50K/DB/3S LED Pole Mount LED 75 9 Exterior (Dusk-Dawn) Coyote Canyon Park 65 Parking Lot (1) 200W MH [, E40] MH 200 65 NV-1-32L-700-50K-UNV-ASA-BRZ Shoe Box LED 71 10 Exterior (Dusk-Dawn) Coyote Canyon Park 14 Knuckle Mount Flood (1) 250W MH MH 295 14 NV-1-32L-700-50K-UNV-KM-BRZ LED Flood LED 71 11 Sports Field Coyote Canyon Park 60 Sports Lights (1) 1500W MH MH 1610 60 NLS VUE 4 Sports LED Sports Field Fixture LED 809 12 Exterior (Dusk-Dawn) Coyote Canyon Park 7 Mini Wall Pack (1) 26W CFL CFL 26 7 PQL 17W Mini Wall Pack LED Wall Pack LED 17 13 Exterior (Dusk-Dawn) Fernandez Park 4 Parking Lot (1) 400W MH [, E40] MH 458 4 NV-1-32L-700-50K-UNV-ASA-BRZ Shoe Box LED 136 14 Exterior (Dusk-Dawn) Fernandez Park 32 Pumpkin Heads (1) 100W MH MH 128 32 GC-25HID/50K 120-277V Post Top Retrofit LED 25 15 Exterior (Dusk-12am) Fernandez Park 2 Mini Wall Pack (1) 26W CFL CFL 26 2 PQL 17W Mini Wall Pack LED Wall Pack LED 17 16 Exterior (Dusk-Dawn) Heritage Circle Park 4 Post Tops (1) 100W MH MH 128 4 GC-25HID/50K 120-277V Post Top Retrofit LED 25 17 Exterior (Dusk-Dawn) Heritage Circle Park 2 Wall Pack (1) 100W MH - Wall Pack MH 128 2 60 Watt LED Wall Pack Wall Pack LED 60 18 Restroom Heritage Circle Park 4 Restroom Surface Mount (2) 32W T8 T8 64 4 L48T8/850 12-G EB 4' Wrap Fixture LED 24 19 Exterior (Dusk-Dawn) Hunter Ridge Park 4 Parking Lot (1) 200W MH [, E40] MH 200 4 NV-1-32L-700-50K-UNV-ASA-BRZ Shoe Box LED 71 20 Exterior (Dusk-Dawn) Hunter Ridge Park 8 Pumpkin Heads (1) 100W MH MH 128 8 GC-25HID/50K 120-277V Post Top Retrofit LED 25 21 Sports Field Hunter Ridge Park 28 Sports Lights (1) 1500W MH MH 1610 28 NLS VUE 4 Sports LED Sports Field Fixture LED 809 22 Exterior (Dusk-Dawn) Hunter Ridge Park 6 canopy (1) 100W MH - Canopy MH 128 6 LED Canopy Canopy LED 40 23 Restroom Hunter Ridge Park 7 Rest rooms (2) 32W T8 T8 64 7 L48T8/850 12-G EB 4' Wrap Fixture LED 24 24 Sports Field Jack Bulik Park 25 Knuckle Mount Flood (1) 250W MH MH 295 25 NV-1-32L-700-50K-UNV-KM-BRZ LED Flood LED 71 25 Exterior (Dusk-Dawn) Jack Bulik Park 171 Sports Lights (1) 1500W MH MH 1610 171 NLS VUE 4 Sports LED Sports Field Fixture LED 809 26 Exterior (Dusk-Dawn) Jack Bulik Park 6 Mini Wall Pack (1) 26W CFL CFL 26 6 PQL 17W Mini Wall Pack LED Wall Pack LED 17 27 Exterior (Dusk-Dawn) Jack Bulik Park 15 Wall Pack (1) 400W MH MH 458 15 90W Wall Pack Wall Pack LED 90 28 Sports Field Jack Bulik Park 15 High Bay (1) 450W MH MH 450 15 ES40S-A1-23K-4MS-50-80-CL-LV-CRM-10V High Bay LED 150 29 Exterior (Dusk-Dawn) Koehler Park 20 Parking Lot (1) 400W MH [, E40] MH 458 20 NV-1-32L-700-50K-UNV-ASA-BRZ Shoe Box LED 136 30 Exterior (Dusk-Dawn) Koehler Park 9 Knuckle Mount Flood (1) 250W MH MH 295 9 NV-1-32L-700-50K-UNV-KM-BRZ LED Flood LED 71 31 Sports Field Koehler Park 66 Sports Lights (1) 1500W MH MH 1610 66 NLS VUE 4 Sports LED Sports Field Fixture LED 809 32 Exterior (Dusk-Dawn) Martin Tutor Park 2 Parking Lot (1) 400W MH [, E40] MH 458 2 NV-1-32L-700-50K-UNV-ASA-BRZ Shoe Box LED 136 33 Exterior (Dusk-Dawn) Martin Tutor Park 6 Knuckle Mount Flood (1) 250W MH MH 295 6 NV-1-32L-700-50K-UNV-KM-BRZ LED Flood LED 71 34 Sports Field Martin Tutor Park 11 Sports Lights (1) 1500W MH MH 1610 11 NLS VUE 4 Sports LED Sports Field Fixture LED 809 35 Exterior (Dusk-Dawn) Martin Tutor Park 2 Mini Wall Pack (1) 50W CFL CFL 50 2 PQL 17W Mini Wall Pack Mini Wall Pack LED 17 36 Exterior (Dusk-Dawn) Martin Tutor Park 10 Wall Pack (1) 255W MH MH 255 10 60 Watt LED Wall Pack Wall Pack LED 60 37 Exterior (Dusk-Dawn) Martin Tutor Park 4 Post Tops (1) 100W MH MH 128 4 GC-25HID/50K 120-277V Post Top Retrofit LED 25 38 Exterior (Dusk-Dawn) McDermott Sports Complex 52 Parking Lot (1) 400W MH [, E40] MH 458 52 NV-1-32L-700-50K-UNV-ASA-BRZ Shoe Box LED 136 39 Sports Field McDermott Sports Complex 8 Knuckle Mount Flood (1) 400W MH MH 458 8 90W Wall Pack Wall Pack LED 90 40 Exterior (Dusk-Dawn) McDermott Sports Complex 17 Post Top (1) 100W MH MH 128 17 GC-25HID/50K 120-277V Post Top Retrofit LED 25 41 Sports Field North Gate Park 2 Sports Lights (1) 1500W MH MH 1610 2 NLS VUE 4 Sports LED Sports Field Fixture LED 809 42 Exterior (Dusk-Dawn) North Heritage Park 4 Bell Fixtures (1) 150W MH [N/A, E26] MH 190 4 SALR-1-T2-20L-1-30K-UNV-DFM-WHT Bell Fixture Retrofit LED 66 43 Exterior (Dusk-Dawn) North Tamarind Park 2 Mini Wall Pack (1) 50W MH MH 72 2 PQL 17W Mini Wall Pack LED Wall Pack LED 17 44 Sports Field Oak Park 2 Knuckle Mount Flood (1) 400W MH MH 458 2 90W Wall Pack Wall Pack LED 90 45 Exterior (Dusk-Dawn) Oak Park 11 Pumkin Heads (1) 100W MH MH 128 11 GC-25HID/50K 120-277V Post Top Retrofit LED 25 46 Exterior (Dusk-Dawn) Oak Park 1 Mini Wall Pack (1) 50W MH MH 72 1 PQL 17W Mini Wall Pack LED Wall Pack LED 17 General Information Existing Fixture Data Proposed Fixture Data DocuSign Envelope ID: C8E955EE-5469-4786-A51B-A9DA4134AB72 84 Fontana Parks - Lighting Inventory (Continued)
Line Measure Type Site Qty Fixture Description Lamp Description Lamp Type
Fixture
Watts Qty Item Number Description Lamp
Type
Fixture
Watts
General Information Existing Fixture Data Proposed Fixture Data 47 Exterior (Dusk-Dawn) Pacific Electric Trail 265 Bell Fixtures (1) 150W MH [N/A, E26] - PET MH 190 265 SALR-1-T2-20L-1-30K-UNV-DFM-WHT Bell Fixture Retrofit LED 66 48 Exterior (Dusk-Dawn) Patricia Marrujo Park 27 Parking Lot (1) 400W MH [, E40] MH 458 27 NV-1-32L-700-50K-UNV-ASA-BRZ Shoe Box LED 136 49 Exterior (Dusk-Dawn) Patricia Marrujo Park 1 Knuckle Mount Flood (1) 250W MH MH 295 1 NV-1-32L-700-50K-UNV-KM-BRZ LED Flood LED 71 50 Exterior (Dusk-Dawn) Patricia Marrujo Park 6 Canopy (1) 52W MH MH 52 6 RAB VANLED10 Canopy Square LED 10 51 Exterior (Dusk-Dawn) Patricia Murray Park 4 Knuckle Mount Flood (1) 250W MH MH 295 4 NV-1-32L-700-50K-UNV-KM-BRZ LED Flood LED 71 52 Exterior (Dusk-Dawn) Patricia Murray Park 2 Mini Wall Pack (1) 50W CFL CFL 50 2 PQL 17W Mini Wall Pack Mini Wall Pack LED 17 53 Exterior (Dusk-Dawn) Ralph M. Lewis Park 60 Parking Lot (1) 400W MH [, E40] MH 458 60 NV-1-32L-700-50K-UNV-ASA-BRZ Shoe Box LED 136 54 Exterior (Dusk-Dawn) Ralph M. Lewis Park 12 Knuckle Mount Flood (1) 250W MH MH 295 12 NV-1-32L-700-50K-UNV-KM-BRZ LED Flood LED 71 55 Sports Field Ralph M. Lewis Park 163 Sports Lights (1) 1500W MH MH 1610 163 NLS VUE 4 Sports LED Sports Field Fixture LED 809 56 Exterior (Dusk-Dawn) Ralph M. Lewis Park 36 Round Wall Pack (1) 50W MH MH 72 36 GC-A21/850 120-277V LED Lamp LED 16.5 57 Exterior (Dusk-Dawn) Rosena Park East 12 Parking Lot (1) 200W MH [, E40] - Rosena MH 200 12 NV-1-32L-700-50K-UNV-ASA-BRZ Shoe Box LED 71 58 Exterior (Dusk-Dawn) Rosena Park East 35 Pumpkin Heads (1) 100W MH MH 128 35 GC-25HID/50K 120-277V Post Top Retrofit LED 25 59 Restroom Rosena Park East 12 Rest rooms (2) 32W T8 T8 64 12 L48T8/850 12-G EB 4' Wrap Fixture LED 24 60 Exterior (Dusk-Dawn) Rosena Park West 17 Pumpkin Heads (1) 100W MH MH 128 17 GC-25HID/50K 120-277V Post Top Retrofit LED 25 61 Exterior (Dusk-Dawn) Rosena Park West 1 Mini Wall Pack (1) 26W CFL CFL 26 1 PQL 17W Mini Wall Pack LED Wall Pack LED 17 62 Exterior (Dusk-Dawn) Rosena Park West 1 canopy (1) 50W MH MH 72 1 PQL 17W Mini Wall Pack LED Wall Pack LED 17 63 Restroom Rosena Park West 2 Rest rooms (2) 32W T8 T8 64 2 L48T8/850 12-G EB 4' Wrap Fixture LED 24 64 Exterior (Dusk-Dawn) San Sevaine Park 24 Parking Lot (1) 400W MH [, E40] MH 458 24 NV-1-32L-700-50K-UNV-ASA-BRZ Shoe Box LED 136 65 Exterior (Dusk-Dawn) San Sevaine Park 8 Pumpkin Heads (1) 100W MH MH 128 8 GC-25HID/50K 120-277V Post Top Retrofit LED 25 66 Sports Field San Sevaine Park 8 Sports Lights (1) 1500W MH MH 1610 8 NLS VUE 4 Sports LED Sports Field Fixture LED 809 67 Exterior (Dusk-Dawn) Sante Fe Park 10 Pathway Lighting 14' Globe Head (1) 150W MH [, E40] MH 190 10 LED-FXSAL75/50K/DB/3S LED Pole Mount LED 75 68 Exterior (Dusk-Dawn) Seveille Park 6 Parking Lot (1) 400W MH [, E40] MH 458 6 NV-1-32L-700-50K-UNV-ASA-BRZ Shoe Box LED 136 69 Exterior (Dusk-Dawn) Seveille Park 3 Mini Wall Pack (1) 50W MH MH 72 3 PQL 17W Mini Wall Pack LED Wall Pack LED 17 70 Exterior (Dusk-Dawn) Shadow Park 2 Parking Lot (1) 400W MH [, E40] MH 458 2 NV-1-32L-700-50K-UNV-ASA-BRZ Shoe Box LED 136 71 Exterior (Dusk-Dawn) Shadow Park 2 Mini Wall Pack (1) 50W MH MH 72 2 PQL 17W Mini Wall Pack LED Wall Pack LED 17 72 Exterior (Dusk-Dawn) Sierra Crest Park 10 Pathway Lighting 14' (1) 150W MH [, E40] MH 190 10 LED-FXSAL75/50K/DB/3S LED Pole Mount LED 75 73 Exterior (Dusk-Dawn) South Ridge Park 10 Parking Lot (1) 400W MH [, E40] MH 458 10 NV-1-32L-700-50K-UNV-ASA-BRZ Shoe Box LED 136 74 Exterior (Dusk-Dawn) South Ridge Park 7 Knuckle Mount Flood (1) 250W MH MH 295 7 NV-1-32L-700-50K-UNV-KM-BRZ LED Flood LED 71 75 Sports Field South Ridge Park 67 Sports Lights (1) 1500W MH MH 1610 67 NLS VUE 4 Sports LED Sports Field Fixture LED 809 76 Exterior (Dusk-Dawn) South Ridge Park 8 Pumkin Heads (1) 100W MH MH 128 8 GC-25HID/50K 120-277V Post Top Retrofit LED 25 77 Exterior (Dusk-Dawn) Sycamore Park 18 Parking Lot (1) 400W MH [, E40] MH 458 18 NV-1-32L-700-50K-UNV-ASA-BRZ Shoe Box LED 136 78 Exterior (Dusk-Dawn) Sycamore Park 2 Knuckle Mount Flood (1) 250W MH MH 295 2 NV-1-32L-700-50K-UNV-KM-BRZ LED Flood LED 71 79 Sports Field Sycamore Park 12 Sports Lights (1) 1500W MH MH 1610 12 NLS VUE 4 Sports LED Sports Field Fixture LED 809 80 Exterior (Dusk-Dawn) Sycamore Park 4 Bollards (1) 100W MH MH 128 4 GC-25HID/50K 120-277V Post Top Retrofit LED 25 81 Exterior (Dusk-Dawn) Veterans Park 60 PARKING & AREA LIGHTING (1) 250W HPS - SHOE BOX HPS 295 60 NV-1-32L-700-50K-UNV-ASA-BRZ Shoe Box LED 71 82 Exterior (Dusk-Dawn) Veterans Park 10 Mini wall Packs (2) 26W CFL - Wall Pack CFL 52 10 PQL 17W MINI WALL PACK Mini Wall Pack LED 17 83 Exterior (Dusk-Dawn) Veterans Park 2 Floods on Bull Horn (1) 400W HPS - Flood HPS 465 2 NV-1-32L-1050-50K-UNV-ASA-BRZ Shoe Box LED 136 84 Exterior (Dusk-Dawn) Veterans Park 6 Canopy Fixture (1) 100W MH - Canopy MH 128 6 LED Canopy Canopy LED 40 85 Exterior (Dusk-Dawn) Veterans Park 4 FUTURE NEW FIXTURE (NONE EXISTING) (1) 0W 4 NEW POLE & FLOOD-Power to get there New Pole & Flood Fixtures LED 25 86 Sports Field Veterans Park 125 Sports Lights (1) 1500W mh mh 1610 125 NLS VUE 4 Sports LED Sports Field Fixture LED 809 87 Exterior (Dusk-Dawn) Village Park 2 Parking Lot (1) 400W MH [, E40] MH 458 2 NV-1-32L-700-50K-UNV-ASA-BRZ Shoe Box LED 136 88 Exterior (Dusk-Dawn) Village Park 2 Knuckle Mount Flood (1) 250W MH MH 295 2 NV-1-32L-700-50K-UNV-KM-BRZ LED Flood LED 71 89 Sports Field Village Park 86 Sports Lights (1) 1500W MH MH 1610 86 NLS VUE 4 Sports LED Sports Field Fixture LED 809 90 Exterior (Dusk-Dawn) Village Park 9 Mini Wall Pack (1) 26W CFL CFL 26 9 PQL 17W Mini Wall Pack LED Wall Pack LED 17 91 Exterior (Dusk-Dawn) Village Park 38 Wall Pack (1) 100W MH MH 128 38 GC-25HID/50K 120-277V Post Top Retrofit LED 25 DocuSign Envelope ID: C8E955EE-5469-4786-A51B-A9DA4134AB72 85 Fontana Parks
Lighting Spec Sheets
86 25W REPLACES
TITANIUM LED SERIES 2.0
70% Energy Savings
70-100W
HID
Optional Lamp Extender
TITANIUM LED SERIES HID LED 25W 277V E26
WARRANTY
YR
5 50,000 H
PRO
132
82 Direct line voltage 120-277V - Not compatible with ballasts Omnidirectional: 290° beam angle
Exceptional efficacy 132 LPW in Cool White
Frosted diffuser maintains low glare
Optional lamp extender available for use in larger fixtures Suitable for use in totally enclosed fixtures
www.greencreative.com / [email protected] - Tel / Fax: (866) 774-5433 - / GREENCREATIVELED / GClightingLED / GREEN CREATIVE
HID LED PRODUCT FEATURES
Suitable for Enclosed Fixtures
Omnidirectional Lighting
This HID LED emits 290° of uniform light and meets ENERGY STAR requirements. Its compact form factor and omnidirectional output provides a fuller distribution than other LED lamps.
This HID LED lamp replaces a 70-100W HID and is suitable for use in enclosed fixtures. Its high lumen output and exceptional efficacy make it an ideal choice for bollard, post top, low bay and other outdoor applications.
An optional lamp extender is also available for use in larger fixtures.
ENCLOSED**
Other LED Light Distribution
GREEN CREATIVE Omnidirectional Light Distribution
$154
Savings
per lamp*
TM 21 IES
DocuSign Envelope ID: C8E955EE-5469-4786-A51B-A9DA4134AB72 87 Bollard Lighting Low Bay LightingPost Top Lighting
APPLICATIONS
* Savings per lamp based on $0.11 / kw energy cost, 12 hrs / day lamp usage, $12 HID with 10,000-hr lifetime, $70 ballast, $60 LED HID with 50,000-hr lifetime ** Suitable for use in totally enclosed fixtures
*** Suitable for damp locations. Not for use where directly exposed to weather or water
SPECIFICATIONS
Product
Model
Type
Base
Power (W)
Voltage - Frequency
Color Temp. (ANSI)
CRI (Ra) (typ.)
Typical lumens (lm)
Efficacy (LPW)
Beam Angle
Dimmable
Power Factor
Rated Lifetime - L70 (hrs.)
Temperature Rating
Dia. x MOL
Weight (lb. / g)
A23
E26
25 120-277V 50/60Hz
Cool White 4000K
82 3300
132
290°
No
0.9 50,000
-4°F/-20°C - 95°F/35°C
3.23"x6.34" (82x161mm)
1.04lb. / 470g
A23
E26
25 120-277V 50/60Hz
Warm White 3000K
82 3200
128
290°
No
0.9 50,000
-4°F/-20°C - 95°F/35°C
3.23"x6.34" (82x161mm)
1.04lb. / 470g
A23
E26
25 120-277V 50/60Hz
Daylight 5000K
82 3400
136
290°
No
0.9 50,000
-4°F/-20°C - 95°F/35°C
3.23"x6.34" (82x161mm)
1.04lb. / 470g
97974
25HID/850/277V/E26
97973
25HID/840/277V/E26
97972
25HID/830/277V/E26
TITANIUM LED SERIES HID LED 25W 277V E26
HID EQUIVALENCE
Power
25W
Power
100W
Power
70W
Power
50W
Lumens
3300
Mean Lumens
3300
Mean Lumens
3400
Mean Lumens
3600
GREEN CREATIVE HID LED Mercury VaporMetal Halide High Pressure Sodium Ref.#: DS246-HID-LED-25W-277V-E26-250118
DocuSign Envelope ID: C8E955EE-5469-4786-A51B-A9DA4134AB72 88 Flex Lighting Solutions ESSENTIALS SERIES 4.0
- 1 -ES40 US © 2019 Flex Lighting Solutions www.flexlightingsolutions.com • Rotatable LED Modules: Field adjustable rotating modules.
Easily adjusted outer modules with stops at 45°, 90° and 135°.
Factory set at 0°. Allows for customizing light pattern to suit individual situations.3,15
• Bulk Packaging: All fixtures come in eco-friendly bulk packaging. Individual boxes are also available.
POWER & CONTROL
• Power Input: 120-277V or 347-480 (50/60Hz), Typical,
depending on model.
• Dimming: 0-10V standard. Capable of dimming down to 10%. • Power Factor: Greater than 0.9 (0.96–0.99 typical).
• Total Harmonic Distortion: Less than 20%, 10% typical. • Occupancy Sensors: Optional - factory installed photocell sensors.
• Emergency Battery Backup (EMB and EMB2): EMB initial lumen output is ~2200 lumens, thereafter EMB produces ~2000 lumens for a minimum of 90 minutes. EMB2 Initial lumen output is ~3600, thereafter EMB2 produces ~2200 lumens for a minimum of 90 minutes. EMB has 16 watts initial output, EMB2 has 20 watts initial output. Available in LV and HV (EMB only)1,8,10,15,16,18,25 • Surge Protection: Standard is 6kV for drivers. Additional surge protection is available. All HV orders will have SRG automatically added.
• Driver Quick Disconnect: A Driver Quick Disconnect feature is available as an additional option.
FEATURES & SPECIFICATIONS
• Environment: Dry/Damp, for interior applications (IP4X).
Dust rating and Wet Location available. Impact protection (IK08).19
• Ambient Range Operation: -40°C up to 65°C
(-40°F up to 149°F), depending on product line1.
• Heat Sinks: Extruded aluminum heat sinks provide
optimal thermal management, decreasing LED junction
temperature and ensuring long life and high efficacy.
• Power Supply Access: Wireway cover is captured and
hinged, opening over 120° for hands-free, easy access and quick wiring. Center hole accepting 3/4” stem and also
1/2” KO near top end of wire way.
• Mounting: Fixture is cable ready (CRM) and has a center opening to accept a 3/4” stem mount, cable (CRM),
HOOK or surface mount options (with optional MBR). MBR
reduces ambient range by 5°C when mounted flush to
junction box.
• Lenses: UV stable polycarbonate clear and aisle or acrylic (PMMA) frosted available.
• CCT: 3500K, 4000K and 5000K standard, other CCT
available (extended lead time).2
• Wire Guards: Optional factory-installed wire guards for the fixture and OCC sensor are available.
• Warranty: 5-year standard, up to 10-year optional, also available a 10-year warranty on ES40P fixtures including labor, see Accessories.
Essentials Series 4.0 provides the highest quality, reliability and performance with extraordinary lumen maintenance
and efficacy, delivering superior ROI for your application.
Designed with best-in-class thermal management to
perform at ambient temperatures up to 65°C.
APPLICATIONS: Industrial and Commercial Facilities,
Warehouses, Manufacturing, Parking Garages,
Distribution Centers, Hangars and Indoor Sports.
MULTIPLE PATENTS PENDING
ESSENTIALS SERIES 4.0
LED High Bay Fixtures
Project Name
Date
Cat. Number
Type
Flex Lighting Solutions TECHNICAL SPECIFICATION SHEET
5 YEAR
LUMEN
MAINTENANCE
WARRANTY
0-10V
DIMMING
STANDARD
6kV
STANDARD
IK08
STANDARD
WET
OPTIONAL
DUST
OPTIONAL
IoT
OPTIONAL
See page 4 for more information
EXTENDED
PREMIUM
WARRANTIES
AVAILABLE
AND
65°C
UP TO
DocuSign Envelope ID: C8E955EE-5469-4786-A51B-A9DA4134AB72 89 - 2 -ES40 US © 2019 Flex Lighting Solutions www.flexlightingsolutions.com Flex Lighting Solutions ESSENTIALS SERIES 4.0
TECHNICAL SPECIFICATIONS
PERFORMANCE LINE: Highest efficacy and longest life. Up to 65°C [149°F] Lumen
Output5 Efficacy Watts Frame6 Part Number
8291 165 50 2MS ES40P-A1-08K-2MS
13438 167 81 4MS or 2M ES40P-A1-13K-4MS [2M]
15544 165 94 4MS or 2M ES40P-A1-15K-4MS [2M]
17818 164 109 4MS or 2M ES40P-A1-17K-4MS [2M]
21743 168 129 6MS ES40P-A1-21K-6MS
24874 167 149 6MS ES40P-A1-24K-6MS
31088 167 186 4M ES40P-A1-31K-4M
36044 166 217 4M ES40P-A1-36K-4M
43486 168 258 6M ES40P-A1-43K-6M
49749 167 298 6M ES40P-A1-49K-6M
58933 165 358 6M ES40P-A1-58K-6M
25°C Ambient Temp. 65°C Ambient Temp.1
309,000 hours 194,000 hours
Ambient Year 1 Year 5 Year 10
25°C 99.66% 95.60% 90.76%
45°C 99.51% 94.55% 88.68%
55°C 99.34% 93.81% 87.34%
65°C 99.12% 93.00% 85.88%
Ambient 25°C 35°C 45°C 55°C 65°C
Lumen
Multiplier 1.00 0.99 0.984 0.98 0.97
Lumen
Output5 Efficacy Watts Frame6 Part Number
6453 159 41 2MS ES40S-A1-06K-2MS
9822 158 62 2MS ES40S-A1-09K-2MS
12280 152 81 2MS ES40S-A1-12K-2MS
17295 142 122 4MS or 2M ES40S-A1-17K-4MS [2M]
20646 161 128 4MS or 2M ES40S-A1-20K-4MS [2M]
23789 157 151 4MS or 2M ES40S-A1-23K-4MS [2M]
30969 163 190 6MS ES40S-A1-30K-6MS
35394 157 227 6MS ES40S-A1-36K-6MS
43277 160 271 4M ES40S-A1-43K-4M
49121 156 315 4M ES40S-A1-49K-4M
73681 159 465 6M ES40S-A1-73K-6M
25°C Ambient Temp. 55°C Ambient Temp.1
256,000 hours 184,000 hours
Ambient Year 1 Year 5 Year 10
25°C 99.60% 94.99% 89.53%
45°C 99.29% 93.63% 87.01%
55°C 99.09% 92.82% 85.55%
Ambient 25°C 35°C 45°C 55°C 65°C
Lumen
Multiplier 1.00 0.98 0.97 0.97 X
STANDARD LINE: High efficacy and long life. Up to 55°C [131°F] 4 LM-79, LM 80 tests and reports are performed in accordance to IESNA standards, per TM-21. Lumen maintenance in hours (L70 via TM-21) based on 24/7 operation. 5 Typical (±10%) at 277V (LV), 25°C, 4000K/5000K, Clear Lens, CRI 80+. Lumen Multipliers: 3500K = 0.93 ; Frosted Lens = 0.98 ; Aisle Lens = 0.96 2M model available as a variation of 4MS. Consult factory.
Lumen
Output5 Efficacy Watts Frame6 Part Number
6135 151 41 2MS ES40V-A1-06K-2MS23
13699 150 92 2MS ES40V-A1-13K-2MS
15378 147 105 4MS or 2M ES40V-A1-15K-4MS [2M]
27398 151 181 4MS or 2M ES40V-A1-27K-4MS [2M]
41097 151 271 6MS ES40V-A1-41K-6MS
54796 154 356 4M ES40V-A1-54K-4M
70787 157 455 6M ES40V-A1-70K-6M
25°C Ambient Temp. 45°C Ambient Temp.1
238,000 hours 191,000 hours
Ambient Year 1 Year 5 Year 10
25°C 99.52% 94.66% 88.92%
45°C 99.19% 93.22% 86.27%
Ambient 25°C 35°C 45°C 55°C 65°C
Lumen
Multiplier 1.00 0.98 0.97 X X
VALUE LINE: Lowest cost per lumen. Up to 45°C [113°F] PROJECTED L70 VIA TM-21 (24/7 OPERATION) LUMEN MAINTENANCE4
PROJECTED L70 VIA TM-21 (24/7 OPERATION)
PROJECTED L70 VIA TM-21 (24/7 OPERATION)
DocuSign Envelope ID: C8E955EE-5469-4786-A51B-A9DA4134AB72 90 - 3 -ES40 US © 2019 Flex Lighting Solutions www.flexlightingsolutions.com Flex Lighting Solutions ESSENTIALS SERIES 4.0
ORDERING EXAMPLES
Base Fixture: ES40P-A1-08K-2MS-50-80-CL-LV-CRM-10V
Base Fixture with Options: ES40P-A1-08K-2MS-50-80-CL-LV-CRM-OCCDIM20-CW-WET-10V DLC Number: ES40P-A1-08K-2MS-50-80-CL-LV-[xxx]-10V
When submitting for utility incentives and rebates, please use catalog numbers. When ordering OPTIONS, separate each option with a "-". Catalog number always ends with dimming selection "10V"
SELECT ONE SELECT ONE SELECT ONE SELECT ONE SELECT ONE
Series-Compliance-Lumens-Frame Color Temp CRI Lens Voltage ES40S-A1-06K-2MS7
ES40V-A1-06K-2MS7,23
ES40P-A1-08K-2MS7
ES40S-A1-09K-2MS7
ES40S-A1-12K-2MS7
ES40P-A1-13K-4MS6,7
ES40V-A1-13K-2MS7
ES40P-A1-15K-4MS6,7
ES40V-A1-15K-4MS6,7
ES40P-A1-17K-4MS6,7
ES40S-A1-17K-4MS6,7
ES40S-A1-20K-4MS6,7
ES40P-A1-21K-6MS7
ES40S-A1-23K-4MS6,7
ES40P-A1-24K-6MS7
ES40V-A1-27K-4MS6,7
ES40S-A1-30K-6MS7
ES40P-A1-31K-4M7
ES40P-A1-36K-4M
ES40S-A1-36K-6MS
ES40V-A1-41K-6MS1,8,20,21
ES40P-A1-43K-6M
ES40S-A1-43K-4M
ES40P-A1-49K-6M
ES40S-A1-49K-4M
ES40V-A1-54K-4M7,21
ES40P-A1-58K-6M21
ES40V-A1-70K-6M21
ES40S-A1-73K-6M7,21
352
3500K
40 4000K
50 5000K
Other CCT
available upon
request
80+
(Standard)
Other CRI
available
upon request
CL
Clear Lens, Wide
Distribution
FR
Frosted Lens,
Wide Distribution
AL
Aisle Distribution
LV
120-277V
HV26
347-480V
SELECT ONE
SELECT ONE IF APPLICABLE, IF
NONE, LEAVE BLANK AND MOVE TO
CORD & PLUG
SELECT ONE IF APPLICABLE, IF NONE, LEAVE
BLANK, MOVE TO OPTION
SELECT AS MANY AS APPLICABLE,
SEPARATE EACH WITH “-“. IF NONE,
LEAVE BLANK, MOVE TO DIMMING
10V
Mounting Occupancy Sensors10 –
No OCC sensor (Standard) Cord & Plug – No cord/plug (Standard) 10,14 Option 10 Dimming CRM9
Cable-ready
(standard) for
suspension
mounting or 3/4”
stem mount
MBR10
Factory installed
mounting box
and bracket for
surface mount
applications -
adds 1 1/8" to
fixture height
HOOK10
Field installed
mounting kit,
includes hook
and one pair of
leveling cables
for hook/loop
applications
Plate and Hanger
mount also
available, sold
and packaged
separately, see
Accessories,
order as CRM.
Other mounting
options available,
contact factory
OCC810,24
WattStopper OCC Sensor, on/off,
w/ photocell, 8’ mounting height
OCCDIM810,11,24
WattStopper OCC Sensor, dimmable,
w/ photocell, 8’ mounting height
MOCCDIM810,12,24
WattStopper OCC Sensor, manual
set and photocell, dimmable,
8’ mounting height
OCC2010,24
WattStopper OCC Sensor, on/off,
w/ photocell, 20’ mounting height
TOCC2010,12,13,24
IR-TEC OCC Sensor, on/off,
w/ photocell, 20’ mounting height
TOCCDIM2010,11,15,24
IR-TEC OCC Sensor, dimmable
w/ photocell, LV only, 20’ mounting
height
OCCDIM2010,11,15,24
WattStopper OCC Sensor, dimmable,
w/ photocell, 20’ mounting height
MOCCDIM2010,12,24
WattStopper OCC Sensor, manual
set and photocell, dimmable,
20’ mounting height
OCC4010,24
WattStopper OCC Sensor, on/off,
w/ photocell, 40’ mounting height
TOCC4010,12,13,24
IR-TEC OCC Sensor, on/off,
w/ photocell, 40’ mounting height
TOCCDIM4010,11,15,24
IR-TEC OCC Sensor, dimmable w/
photocell, LV only, 20’ mounting
height
OCCDIM4010,11,15,24
WattStopper OCC Sensor, dimmable,
w/ photocell, 40’ mounting height
MOCCDIM4010,12,24
WattStopper OCC Sensor, manual set
and photocell, dimmable,
40’ mounting height
Other control options available,
contact factory
6’ 18AWG CORD,
WHITE WITH THE
FOLLOWING-
CW10,14
Cord, 15A, 3-wire,
no plug
DW10,14
Dimming cord, 15A,
5-wire, no plug
C51510,14
Cord, 15A, straight
plug 120V (5–15P)
CL51510,14
Cord, 15A, locking
plug 120V (L5–15P)
CL71510,14
Cord, 15A, locking
plug 277V (L7–15P)
CL72010,14
Cord, 20A, locking
plug 277V (L7–20P)
CL242010,14
Cord, 20A, locking
plug 347V (L24–20P)
CL82010,14
Cord, 20A, locking
plug 480V (L8–20P)
CACS10,16,22
6' SO Cord whip,
ACS Locking System,
277/480V, 2-wire w/
ground
CACSMC10,16,22
6' MC Cable, ACS
Locking System,
277/480V, 2-wire w/
ground
10’ 18AWG CORD,
WHITE WITH THE
FOLLOWING-
10CW10,14
Cord, 15A, 3-wire,
no plug
15’ 18AWG CORD,
WHITE WITH THE
FOLLOWING-
15CW10,14
Cord, 15A, 3-wire,
no plug
15DW10,14
Dimming cord, 15A,
5-wire, no plug
15C51510,14
Cord, 15A, straight
plug 120V (5–15P)
15CL51510,14
Cord, 15A, locking
plug 120V (L5–15P)
15CL71510,14
Cord, 15A, locking
plug 277V (L7–15P)
15CL72010,14
Cord, 20A, locking
plug 277V (L7–20P)
15CL242010,14
Cord, 20A, locking
plug 347V (L24–20P)
15CL82010,14
Cord, 20A, locking
plug 480V (L8–20P)
Other cord options
available, contact
factory
EMB1,8,10,15,16,18,25
Emergency battery
back-up. Adds
1.25” to fixture
height
EMB21,8,10,15,16,18,25
High lumen
emergency battery
back-up. LV Only.
Adds 1.25” to
fixture height
QDC10,15
Driver Quick
Disconnect
SRGOFF10,16,20,26
Fixture installed
20kA Surge
Suppression
Device, Fails to OFF
SRG10,26
Fixture installed
10kA Surge
Protector fails to
ON
BOX10
Individual box
packaging
available
CTRWT7,10
Counter Balance
Weight for MBR
and stem mounting
(certain fixtures
only, see notes for
applicable models,
contact factory)
CTRL8,10,12,15,16,26
Fixture installed
EnOcean Control
module. 120-277V
Wire-in Relay, 16A,
0-10V
CTRLR10,12,15,16,26
Control Ready
5-wire harness
(factory
installed)
WG10
Fixture Wire
Guard
CTOPEND1,8,10,13
Cord mounted
on top edge of
wireway
WET3,10,15,16
Wet location
rated. Only
available
with no cord or
CW or DW cord
option.
DUST10
Dust resistant
INDR1,3,10,15
LED modules
factory inverted
for Indirect
lighting
GTD10,16,21
Generator
transfer device
10V
0–10V
Interface
(Standard)
DocuSign Envelope ID: C8E955EE-5469-4786-A51B-A9DA4134AB72 91 - 4 -ES40 US © 2019 Flex Lighting Solutions www.flexlightingsolutions.com Flex Lighting Solutions ESSENTIALS SERIES 4.0
ACCESSORIES
Must be ordered separately. Packaged separately.
Type Part Number Description
Safety Kit SAFETYCABLE Kit includes (one) 5 ft. aircraft cable with single snap hook, L-bracket, screw and nut. For use with HOOK, MBR, PLATE MOUNT or stem mounting options.
Cable Kit CABLEKIT Kit includes (two) 10 ft. aircraft “Y” cables and snap hooks (one pair).
Hanger HANGER Kit includes two wire V hangers. Order fixture with CRM mounting option.
Plate Mount PLATE Kit includes hanging plate with mounting hole for 3/4" conduit and (four) each 5 ft. aircraft cables and snap hooks. Order fixture with CRM option.
Occupancy Sensor Wire Guard OWG Wire guard for occupancy sensors, field install. Shipped in separate box.
Wireless Programmer for
Dimmable Occupancy Sensor(s) OCCDIMPROG Handheld wireless programmer for setup OCCDIMXX dimmable occupancy sensors. Required with OCCDIM8, OCCDIM20 and OCCDIM40 selection.
Replacement Power Supply Available upon request. Contact factory for details.
IR-TEC Wireless Programmer for
Dimmable Occupancy Sensors TOCCDIMPROG Handheld wireless programmer for setup TOCCDIMXX dimmable occupancy sensors. Required with TOCCDIM20 and TOCCDIM40 selection. 10-Year Labor Warranty 10PREMIUM
Only available for Essentials Series 4.0 Performance Line (ES40P). 10-year coverage for parts, lumen maintenance (L70) and labor reimbursement of $300 per fixture. Contact your Sales Rep for details.
EnOcean Controls (for use with EnOcean control module, CTRL) Single Rocker ENSR EnOcean Control Single Rocker
Double Rocker ENDR EnOcean Control Double Rocker
Wall Occupancy Sensor ENWLOCC EnOcean Control Wall OCC
Ceiling Occupancy Sensor ENCLOCC EnOcean Control Ceiling OCC Ceiling Daylight Sensor ENDAY EnOcean Control Daylight Sensor Software ENSFT EnOcean Control Navigan Commissioning Software
LISTINGS & CERTIFICATIONS
• ETL listed (UL 1598) - RoHS Compliant
• DesignLightsTM Consortium Premium
• EMI: Title 47 CFR 15 Class A and ICES-005 - CSA 22.2
WARRANTY UPGRADES
Type Part Number Description
7-Year Extended Warranty FLS-EXTENDED-WARRANTY-7 Extends coverage for parts for a total of 7 years 10-Year Extended Warranty FLS-EXTENDED-WARRANTY-10 Extends coverage for parts for a total of 10 years 10-Year Premium Warranty 10PREMIUM
10-year coverage for parts, lumen maintenance (L70)
and labor reimbursement of $300 per fixture.
Only available for Essentials Series 4.0 Performance Line (ES40P) DocuSign Envelope ID: C8E955EE-5469-4786-A51B-A9DA4134AB72 92 - 5 -ES40 US © 2019 Flex Lighting Solutions www.flexlightingsolutions.com Flex Lighting Solutions ESSENTIALS SERIES 4.0
1. MBR, 135° module setting and INDR fixtures max. temp 5°C less, typical. EMB fixtures 32°F to 113°F (0°C to 45°C). EMB for ES40V-A1- 41K-6MS fixtures 32°F to 95°F (0°C to 30°C) and not available with EMB and OCC sensor. HV EMB not available on ES40V-A1-41K-6MS. HV EMB Max ambient 35°C. HV EMB
includes step-down transformer. Temperatures below -20° have limited switch cycles, consult factory. Generator
Transfer Device ambient range 0°C to 50°C (32°F to 122°F).
EMB and EMB2 not available with CTOPEND.
2. 3500K CCT is not DLC qualified.
3. Rotatable Modules will rotate when wire guards are
installed. Rotatable Modules will function in INDR mode on 4M, 4MS, 6M and 6MS only. With WET and DUST options, the Rotatable Modules are not able to be set in the field; if custom settings are required, please consult factory.
4. LM-79, LM 80 tests and reports are performed in accordance to IESNA standards, per TM-21. Lumen maintenance in hours (L70 via TM-21) based on 24/7 operation.
5. Typical (±10%) at 277V (LV), 25°C, 4000K/5000K, Clear Lens, CRI 80+. Lumen Multipliers: 3500K = 0.93 ; Frosted Lens = 0.98 ; Aisle Lens = 0.96.
6. All 4MS units can be configured in the 2M (longer) size for additional cost, please contact factory.
7. Counterweight is available for fixtures with odd number of power supplies which may not hang level from a non-rigid, single point mount. Models affected are:
ES40S-A1-06K-2MS, ES40V-A1-06K-2MS, ES40P-A1-08K-2MS,
ES40S-A1-09K-2MS, ES40S-A1-12K-2MS, ES40P-A1-13K-4MS,
ES40V-A1-13K-2MS, ES40P-A1-15K-4MS, ES40P-A1-17K-4MS,
ES40S-A1-17K-4MS, ES40S-A1-20K-4MS, ES40P-A1-21K-6MS,
ES40S-A1-23K-4MS, ES40V-A1-27K-4MS, ES40P-A1-24K-6MS,
ES40S-A1-30K-6MS, ES40P-A1-31K-4M, ES40V-A1-54K-4M and
ES40S-A1-73K-6M, ES40S-A1-36K-6MS.
8. ES40V-A1-41K-6MS not available with CTOPEND. HV EMB not available on ES40V-A1-41K-6MS. When ordered with any
OCC sensor this unit will have the MBR mounting option only.
This unit is not available with EMB and OCC sensor together.
Even with the MBR mounting option these may be cable
mounted. This fixture will have CTRL (EnOcean module)
installed through the KO on the top end of the wire way.
CTOPEND not available on this fixture with CTRL option.
9. Optional CABLEKIT ordered separately. See ACCESSORIES.
10. Optional add-on. See price list for pricing.
11. Wireless programmer required for final field setup. See ACCESSORIES.
12. 120-277V only.
13. Fixtures ordered with any cord option and an IR-TEC OCC Sensor will have the cord exit from the fixture from the center of the fixture only. CTOPEND not available.
14. All cords are 18/3 AWG, 600V and white. DW and 15DW are 18/5, 600V and white.
15. WET rating covers the fixture and OCCDIM20/40 only (if ordered as an option). It does NOT include the following sensors or controls: CTRL, CTRLR, OCC, TOCC, TOCCDIM or MOCCDIM. QDC and EMB not available with WET option.
Not compatible with INDR. With WET, Rotatable Modules not able to be set in the field, must be set in factory. SRGOFF is IP66 and will work with WET option when used with
approved, WET LOCATION connectors (supplied by other).
16. Consult factory for orders requiring EMB, EMB2, WET, CTRL and CTRLR. GTD, SRGOFF, CACS and CACSMC may have
extended lead times.
17. CTRLR includes 5 wires, capped off inside of fixture for use with field installed controls.
18. Dimensions listed are for the fixture only. See dimensional drawings for measurements with mounting hardware.
Weights are approximate and vary by model, if weight is a concern, please contact factory. Weight changes when
battery backup is added.
19. Clear and Aisle lens only and all fixtures including a wire guard option.
20. 20kA Surge suppression device in which, when triggered, the fixture will fail in the "Off" mode (fixture will not illuminate).
Not available with ES40-A1-41K-6MS.
21. Generator Transfer Device. Ambient range is 0°C to +50°C (32°F to 122°F)
Provides full fixture output on generator power for all fixtures except ES40V-A1-54K-4M, ES40P-A1-58K-6M, ES40V-A1-70K-
6M, which will have 50% output and ES40S-A1-73K-6M, which will have 60% output. The GTD is not available on the ES40V- A1-41K-6MS. GTD is available on LV only; not available on HV fixtures.
22. American Cable Systems connector for modular wiring.
The connector is 277/480V, 2-wire with Ground. If a different connector is required, please contact factory with details of the installation.
23. ES40V-A1-06K-2MS Max ambient is 55°C
Settings for sensors from factory:
OCC (LV and HV)--If no movement for 15 mins, OFF
TOCC-- If no movement for 10 mins, OFF
OCCDIM—If no movement for 5 mins, dim to 10%, if no
movement for 60 mins, OFF
MOCCDIM--If no movement for 15 mins, dim to 10%, if no
movement for ~8 mins, OFF. The photocell is disabled from the factory.
TOCCDIM—If no movement for 10 mins, dim to 30%, if no
movement for 10 minutes, OFF.
24. When using EMB or EMB2, ES40V-A1-06K-2MS, ES40V-A1-15K- 4MS (2M) and ES40S-A1-17K-4MS (2M) have ~74% of rated
output in battery powered mode.
25. SRG (10kA protection) is standard option on all HV fixtures.
Controls and sensors should have optional SRG or SRGOFF added. They are not protected by the internal surge
suppression provided by the driver.
END NOTES
DocuSign Envelope ID: C8E955EE-5469-4786-A51B-A9DA4134AB72 93 - 6 -ES40 US © 2019 Flex Lighting Solutions www.flexlightingsolutions.com Flex Lighting Solutions ESSENTIALS SERIES 4.0
DIMENSIONS & DRAWINGS
See End Note #18.
Model Length (in) Width (in) Height (in) Weight (lb)
2MS 23.1 8.28 2.1 ~8
4MS 23.1 11.2 2.1 ~10
6MS 23.1 14.1 2.1 ~14
2M* 43.72 8.28 2.1 ~16
4M 43.72 11.2 2.1 ~18
6M 43.72 14.1 2.1 ~20.6
MBR and EMB mounting options adds 1 1/8" to fixture height.
MBR on MS (short) fixtures with EMB adds 1 1/4" to fixture height to fixture height.
Weights are approximate and vary by model, if weight is a concern, please contact factory.
Bottom View
Fixture Mounting Box
(MBR)
Fixture Mounting Box
(EMB)
Cable Ready Mount
(CRM)
TOP VIEW
SIDE VIEW
END VIEW
TOP VIEW
END VIEW
SIDE VIEW
TOP VIEW
SIDE VIEW
END VIEW
SIDE VIEWEND VIEW
Surface Mount Option
(when ordering EMB with MBR)
*2M available as a variation of 4MS. Consult factory.
DocuSign Envelope ID: C8E955EE-5469-4786-A51B-A9DA4134AB72 94 - 7 -ES40 US © 2019 Flex Lighting Solutions www.flexlightingsolutions.com Flex Lighting Solutions ESSENTIALS SERIES 4.0
LIGHT DISTRIBUTION AT DIFFERENT MODULE ANGLES WITH CLEAR LENS 0° 45° 90° 135°0° 45° 90° 135°
6M and 6MS
2M and 2MS
0° 45° 90° 135°0° 45° 90° 135°
4M and 4MS
0° 45° 90° 135°0° 45° 90° 135°
DocuSign Envelope ID: C8E955EE-5469-4786-A51B-A9DA4134AB72 95 - 8 -ES40 US © 2019 Flex Lighting Solutions www.flexlightingsolutions.com Flex Lighting Solutions ESSENTIALS SERIES 4.0ES40 US © 2019 Flex Lighting Solutions All specifications subject to change without notice. Please see www.flexlightingsolutions.com for latest information. All values are typical or design values and series averages. Actual performance may differ as a result of end-user environments and applications. Consult Flex Lighting Solutions with specific inquiries.
Copyright © 2019, Flex. All rights reserved. No part of this document may be reproduced in any form without the prior written permission of Flex.
Flex Lighting Solutions
(+1) 913-851-3000
[email protected]
www.flexlightingsolutions.com
7320 W 162nd St.
Overland Park, KS
66085, USA
600 Shiloh Rd.
Plano, TX
75074, USA
6201 America Center Dr.
San Jose, CA
95002, USA
Rev: 09.18.19
DocuSign Envelope ID: C8E955EE-5469-4786-A51B-A9DA4134AB72 96 Features & Benefits
No rewiring needed
Works with fluorescent electronic instant start ballast Long life
High CRI
Instant on, no delay
Convenient and quick installation
Utilizes existing instant start or rapid start sockets
Compatible with controls and sensors
Works in cold temperature applications
Glass tube for superior optical performance
5 Year Warranty
* EMERGENCY BALLAST RESTRICTIONS
Commercial Grade
LED T8 Lamp
Specification Data
Order Code
Length
Lamp
Power
Input Voltage
(Depend on
Ballast)
CCT
Initial
Lumens
CRI
Beam
Angle
Lamp
Efficacy
System
Efficacy
Life
L48T8/850/12G-EB
48 12
120/277V, 347V
5000K
1800
83 325
135
125
50,000
Yes
L48T8/840/12G-EB
48 12
120/277V, 347V
4000K
1800
83 325
135
125
50,000
Yes
L48T8/835/12G-EB
48 12
120/277V, 347V
3500K
1800
83 325
135
125
50,000
Yes
PRODUCT SPECIFICATIONS
Photometric Data
C195(Max)
C0
C180
C90
C270
Wiring diagram
ESPEN L48T8/840/12G-EB
HART UNIFIED SCHOOL DISTRICT
DocuSign Envelope ID: C8E955EE-5469-4786-A51B-A9DA4134AB72 97 Copyright © 2014 ESPEN Technology Inc. All Rights Reserved Espen Technology Inc. | 12257 Florence Ave. | Santa Fe Springs, CA 90670 Toll Free: (866) 933-7736 | Tel.: (562) 529-2938 | Fax: (562) 529-2978 | Email: [email protected] * Not compatible with products equipped with battery backup and/or emergency ballasts. * Please refer to "Ballast Compatibility List" on Related Downloads.
Specification data is based on tests performed in a controlled environment and represents relative performance. Actual performance can vary depending on operating conditions. Application and performance data subject to change without notice. All specifications are nominal unless noted otherwise.
DocuSign Envelope ID: C8E955EE-5469-4786-A51B-A9DA4134AB72 98 16.5W REPLACES
TITANIUM LED SERIES 2.0
70% Energy Savings
$72
Savings
per lamp*
50-70W
HID
Optional Lamp Extender
TITANIUM LED SERIES HID LED 16.5W HO 277V
WARRANTY
YR
5 40,000 H
PRO
121
82 Direct line voltage 120-277V - Not compatible with ballasts Compact form factor - Ideal for bollards & post tops
Exceptional efficacy 121 LPW in Cool White
Frosted diffuser maintains low glare
Optional lamp extender available for use in larger fixtures Suitable for use in totally enclosed fixtures
www.greencreative.com / [email protected] - Tel / Fax: (866) 774-5433 - / GREENCREATIVELED / GClightingLED / GREEN CREATIVE ENCLOSED**
HID LED PRODUCT FEATURES
Suitable for Enclosed Fixtures
Omnidirectional Lighting
This HID LED emits 330° of uniform light and meets ENERGY STAR requirements. Its compact form factor and omnidirectional output provides a fuller distribution than other LED lamps.
This HID LED lamp replaces a 50-70W HID and is suitable for use in enclosed fixtures. Its high lumen output and exceptional efficacy make it an ideal choice for bollard, post top and other outdoor applications. An optional lamp extender is also available for use in larger fixtures.
Other LED Light Distribution
GREEN CREATIVE Omnidirectional Light Distribution
TM 21 IES
DocuSign Envelope ID: C8E955EE-5469-4786-A51B-A9DA4134AB72 99 General Lighting Post Top LightingBollard Lighting
APPLICATIONS
** Suitable for use in totally enclosed fixtures
*** Suitable for damp locations. Not for use where directly exposed to weather or water * Savings per lamp based on $0.11 / kw energy cost, 12 hrs / day lamp usage, $12 HID with 10,000-hr lifetime, $35 LED with 40,000-hr lifetime
SPECIFICATIONS
Product
Model
Type
Base
Power (W)
Voltage - Frequency
Color Temp. (ANSI)
CRI (Ra) (typ.)
Typical lumens (lm)
Efficacy (LPW)
Beam Angle
Dimmable
Power Factor
Rated Lifetime - L70 (hrs.)
Dia. x MOL
Weight (lb. / g)
HID LED
E26
16.5 120-277V 50/60Hz
Cool White 4000K
82 2000
121
330°
No
0.9 40,000
2.55''x5.00'' (65x127mm)
0.50lb. / 227g
HID LED
E26
16.5 120-277V 50/60Hz
Warm White 3000K
82 2000
121
330°
No
0.9 40,000
2.55''x5.00'' (65x127mm)
0.50lb. / 227g
HID LED
E26
16.5 120-277V 50/60Hz
Daylight 5000K
82 2050
124
330°
No
0.9 40,000
2.55''x5.00'' (65x127mm)
0.50lb. / 227g
58240
16.5A21/850/277V
58239
16.5A21/840/277V
58238
16.5A21/830/277V
TITANIUM LED SERIES HID LED 16.5W HO 277V
Ref.#: DS180-A21-16.5W-277V-100217
DocuSign Envelope ID: C8E955EE-5469-4786-A51B-A9DA4134AB72 100
Project Name:
FORM AND FUNCTION
• Sleek, low profile housing
• Spec grade performance
• Engineered for optimum thermal management
• Low depreciation rate
• Reduces energy consumption and costs up to 65%
• Exceeds IES foot candle levels utilizing the least number of poles and fixtures per project
• Optical system designed for:
- Parking Lots
- Auto Dealerships
- General Area Lighting
Type:
NV
Size 1
(NV-1)
Cat # Kelvin
3000K
(30K)
4000K
(40K)
5000K
(50K)
Volts
120-277
(UNV)
347-480
(HV)
Mounting
Direct Pole
Single, D180
3" (DPS3)
D90, T90, T120, QD
7" (DPS7)
Knuckle Mount (KM)
Sweep Arm (SA)
Wall Mount (WM)
Trunnion Mount (TM)
*Standard finish is stainless steel.
Can be painted to match fixture
Tennis Arm (TA)
*See next page for Arm Configurations
*For Round Pole, please specify RPA4
or RPA5
Color
Bronze
(BRZ)
White
(WHT)
Silver
(SVR)
Black
(BLK)
Graphite
(GPH)
Grey
(GRY)
Custom
(CS)
Options
Bird Deterrant (BD)
Marine Grade Finish (MGF)
Optic Plate Painted to Match Fixture (OPP)
Mounting Painted to Match Fixture (MP)
Nema 7-Pin Receptacle (PE7)
Photocell + Receptacle (PCR)
Receptacle + Shorting Cap (PER)
FSP-211 with Motion Sensor (UNV Voltage)
(FSP-20) *9'-20'' Heights
(FSP-40) *21'-40' Heights
Surge Protector (10K)
Quick Mount Bracket (QMB)
Retrofit Mount Bracket (RQMB)
Round Pole Adaptor 3"- 4" Pole (RPA4)
Round Pole Adaptor 5"- 6" Pole (RPA5)
Rotated Optic Left (ROL)
Rotated Optic Right (ROR)
Automotive House Side Shield (AHS)
House Side Shield (HSS)
*HSS not applicable with N2 - NEMA 24° Optics
*HSS not applicable with N3 - NEMA 30° Optics
350
(35)
530
(53)
700
(7)
1050
(1)
MilliampsLight Dist.
Type 2
(T2)
Type 3
(T3)
Type 4
(T4)
Type 5
(T5)
Nema 2
24° Narrow
Beam
(N2)
Nema 3
30° Narrow
Beam
(N3)
No. of LEDs
16 (16L)
32 (32L)
48 (48L)
64 (64L)
AREA LIGHTING
NV-1
CONSTRUCTION
• Die Cast Aluminum
• External cooling fins, Finite Element Analysis (FEA)
designed
• Corrosion resistant external hardware
• One-piece silicone gasket ensures IP-65 seal for
electronics compartment
• One-piece Optics Plate™ mounting silicone Micro Optics • Two-piece silicone Micro Optic system ensures IP-67
level seal around each PCB
• Grade 2 Clear Anodized Optics Plate™ standard
WARRANTY
Five-year limited warranty for drivers and LEDs.
LED WATTAGE CHART
16L 32L 48L 64L
350 milliamps 18w - - -
530 milliamps 28w - - -
700 milliamps 36w 71w 104w 136w
1050 milliamps 56w 106w 156w 205w
NV-1 with DPS3
LISTINGS
• Certified to UL 1598
• UL 8750
• CSA C22.2 No. 250.0
• DesignLights Consortium® (DLC)
• DesignLights Consortium Premium® (DLCP)
• IP65/ IP67 Rated
• 3G Vibration Rated per ANSI C136.31-2010
FINISH
• 3-5 mils electrostatic powder coat.
• NLS’ standard high-quality finishes prevent corrosion protects against and extreme environmental conditions
DocuSign Envelope ID: C8E955EE-5469-4786-A51B-A9DA4134AB72 101
701 Kingshill Place, Carson, CA 90746
Call Us Today (310) 341-2037 nlslighting.com
ELECTRICAL
• 120-277 Volts (UNV) or 347-480 Volts (HV)
• 0-10V dimming driver by Philips Advance
• Driver power factor at maximum load is ≥ .95, THD maximum load is 15% • All internal wiring UL certified for 600 VAC and 105°C • All drivers, controls, and sensors housed in enclosed IP-65 compartment • Lumileds Luxeon MX LED's
• CRI >70
• Color temperatures: 3000K, 4000K, 5000K
RPA4 / RPA5
OPTICS
Silicone optics high photothermal stability and light output provides higher powered LEDs with minimized lumen depreciation LED life. UV and thermal stability with scratch resistance increases exterior application durability. • IES Types
RPA5
OPTIONS
• BIRD DETERRANT (BD)—offers effective and humane deterrent for larger bird species and provides cost-effective long-term solution to nuisance bird infestations and protect your property.
• MARINE GRADE FINISH (MGF)—A multi-step process creating protective finishing coat against harsh environments.
• Chemically washed in a 5 stage cleaning system.
• Pre-baked
• Powder coated 3-5 mils of Zinc Rich Super Durable Polyester Primer. • 1-2 feet inside pole coverage top and bottom.
• Oven Baked.
• Finished Powder Coating of Super Durable Polyester Powder Coat 3-5 mil thickness.
• SHIELDS (HSS, AHS)—House Side Shield (HSS) is designed for full property line cut-off. Automotive House Side Shield (AHS) is a single-sided shield allowing partial cut-off on either side or front of luminaire. • ROUND POLE ADAPTER (RPA)– When using round poles, specify Round Pole Adapter (RPA). Specify RPA4 when installing on 3"-4" round poles, and RPA5 when installing on 5"-6" round poles.
CONTROLS
• FSP-211 (FSP-X)—Passive infrared (PIR) sensor providing multi-level control based on motion/daylight contribution.
• All control parameters adjustable via wireless configuration remote storing and transmitting sensor profiles.
• FSP-20 mounting heights 9-20 feet
• FSP-40 mounting heights 21-40 feet.
• Includes 5 dimming event cycles, 0-10V dimming with motion sensing, reprogrammable in the field.
• NEMA 7-PIN RECEPTACLE (PE7)—An ANSI C136.41-2013 receptacle provides electrical and mechanical interconnection between photo control cell and luminaire. Dimming receptacle available two or four dimming contacts supports 0-10 VDC dimming methods or Digital Addressable Lighting Interface (DALI), providing reliable power interconnect.
Weight: 24 lbs
3.375"
14.75"
16.5"
RPA4
FSP-211
TYPE II (T2) TYPE III (T3) TYPE IV (T4) TYPE V (T5) NEMA 2 (N2) NEMA 3 (N3)
HOUSE SIDE SHIELD
AUTOMOTIVE
HOUSE SIDE SHIELD
DocuSign Envelope ID: C8E955EE-5469-4786-A51B-A9DA4134AB72 102
701 Kingshill Place, Carson, CA 90746
Call Us Today (310) 341-2037 nlslighting.com
OPTICAL CONFIGURATIONS
Rotatable Optics (ROR) Rotated Right, (ROL) Rotated Left options available. Optics field and factory rotatable. * OPTIC PLATE PAINTED TO MATCH FIXTURE FINISH (OPP)– Optic Plate standard clear anodized, Grade 2. When (OPP) specified, Optic Plate finish will match fixture finish.
EPA
EPA SGL D90 D180 T90 T120 QD
NV-1-DP 0.46 1.14 0.92 1.34 1.37 1.34
NV-1-KM 0.54 N/A 1.08 N/A N/A N/A
NV-1-SA 0.75 1.29 1.50 1.99 2.05 1.99
DPX ARM LENGTH
DPX
ARM LENGTH SGL D90 D180 T90 T120 QD
NV-1 3" 7" 3" 7" 7" 7"
L70/L90 DATA
*DLC S= Standard
P= Premium
TEMP. NV-1
L70 (64L-1050mA) L90 (64L-1050mA)
25°C 483,000 160,000
NV-1 / 32L
(OPP)
NV-1 / 48L NV-1 / 64LNV-1 / 16L
PART
NUMBER N2 LM/W BUG N3 LM/W T2 LM/W DLC BUG T3
HSS LM/W BUG T3 LM/W DLC BUG T4
AHS LM/W T4
HSS LM/W BUG T4 LM/W DLC BUG T5 LM/W DLC BUG W
NV-1-16L-35-30K 1944 108 B2-U0-G0 2016 112 2209 117 P B1-U0-G1 1134 63 B0-U0-G0 2106 117 P B1-U0-G1 1296 72 1116 62 B0-U0-G0 2187 116 P B1-U0-G1 2124 118 P B2-U0-G0 18 NV-1-16L-35-40K 2016 112 B2-U0-G0 2088 116 2268 126 P B1-U0-G1 1206 67 B0-U0-G0 2286 127 P B1-U0-G1 1368 76 1188 66 B0-U0-G0 2250 125 P B1-U0-G1 2304 128 P B2-U0-G0 18 NV-1-16L-35-50K 2088 116 B2-U0-G0 2160 120 2376 132 P B1-U0-G1 1278 71 B0-U0-G0 2394 133 P B1-U0-G1 1440 80 1260 70 B0-U0-G0 2358 131 P B1-U0-G1 2412 134 P B2-U0-G2 18 NV-1-16L-53-30K 3024 108 B3-U0-G1 3136 112 3192 114 P B1-U0-G1 1764 63 B0-U0-G1 3220 115 P B1-U0-G1 2016 72 1736 62 B0-U0-G1 3119 113 P B1-U0-G1 3248 116 P B2-U0-G1 28 NV-1-16L-53-40K 3136 112 B3-U0-G1 3248 116 3472 124 P B1-U0-G1 1876 67 B0-U0-G1 3472 124 P B1-U0-G1 2128 76 1848 66 B0-U0-G1 3444 123 P B1-U0-G1 3500 125 P B2-U0-G1 28 NV-1-16L-53-50K 3248 116 B2-U0-G1 3360 120 3612 129 P B1-U0-G1 1988 71 B0-U0-G1 3640 130 P B1-U0-G1 2240 80 1960 70 B0-U0-G1 3584 128 P B1-U0-G1 3668 131 P B2-U0-G1 28 NV-1-16L-7-30K 3888 108 B3-U0-G1 4032 112 3960 110 P B1-U0-G1 2268 63 B0-U0-G1 3960 110 P B1-U0-G1 2592 72 2232 62 B0-U0-G1 3973 109 P B1-U0-G1 3996 111 P B3-U0-G1 36 NV-1-16L-7-40K 4032 112 B3-U0-G1 4176 116 4428 123 P B1-U0-G1 2412 67 B0-U0-G1 4284 119 P B1-U0-G1 2736 76 2376 66 B0-U0-G1 4212 117 P B1-U0-G1 4320 120 P B3-U0-G1 36 NV-1-16L-7-50K 4176 116 B3-U0-G1 4320 120 4644 129 P B1-U0-G1 2556 71 B0-U0-G1 4500 125 P B1-U0-G1 2880 80 2520 70 B0-U0-G1 4428 123 P B1-U0-G1 4500 125 P B3-U0-G1 36 NV-1-16L-1-30K 6048 108 B3-U0-G1 6272 112 6160 110 S B1-U0-G1 3528 63 B0-U0-G1 6384 114 P B1-U0-G1 4032 72 3472 62 B0-U0-G1 6232 112 P B1-U0-G1 6440 115 P B3-U0-G1 56 NV-1-16L-1-40K 6272 112 B3-U0-G1 6496 116 6832 122 P B1-U0-G1 3752 67 B0-U0-G1 6888 123 P B2-U0-G2 4256 76 3696 66 B0-U0-G1 6776 121 P B2-U0-G2 6944 124 P B3-U0-G2 56 NV-1-16L-1-50K 6496 116 B4-U0-G1 6720 120 7168 128 P B1-U0-G2 3976 71 B0-U0-G1 7224 129 P B2-U0-G2 4480 80 3920 70 B0-U0-G1 7112 127 P B2-U0-G2 7280 130 P B3-U0-G2 56 NV-1-32L-7-30K 7668 108 B4-U0-G1 7952 112 7810 110 S B1-U0-G2 4473 63 B0-U0-G1 7810 110 S B2-U0-G2 5112 72 4402 62 B0-U0-G1 7739 109 S B2-U0-G2 7881 111 S B3-U0-G2 71 NV-1-32L-7-40K 7952 112 B4-U0-G1 8236 116 9017 127 P B1-U0-G2 4757 67 B0-U0-G1 8449 119 P B2-U0-G2 5396 76 4686 66 B0-U0-G2 8307 117 P B2-U0-G2 8520 120 P B3-U0-G2 71 NV-1-32L-7-50K 8236 116 B4-U0-G1 8520 120 9159 129 P B2-U0-G2 5041 71 B0-U0-G2 8875 125 P B2-U0-G2 5680 80 4970 70 B0-U0-G2 8733 123 P B2-U0-G2 8946 126 P B3-U0-G2 71 NV-1-32L-1-30K 11448 108 B4-U0-G1 11872 112 11660 110 S B2-U0-G2 6678 63 B0-U0-G2 12084 114 S B2-U0-G2 7632 72 6572 62 B0-U0-G2 11820 112 S B2-U0-G2 12190 115 S B4-U0-G2 106 NV-1-32L-1-40K 11872 112 B4-U0-G1 12296 116 12932 122 P B2-U0-G2 7102 67 B0-U0-G2 13038 123 P B2-U0-G2 8056 76 6996 66 B0-U0-G2 12826 121 P B3-U0-G2 13144 124 P B4-U0-G2 106 NV-1-32L-1-50K 12296 116 B4-U0-G1 12720 120 13568 128 P B2-U0-G2 7526 71 B0-U0-G2 13674 129 P B3-U0-G3 8480 80 7420 70 B0-U0-G2 13462 127 P B3-U0-G3 13780 130 P B4-U0-G2 106 NV-1-48L-7-30K 11232 108 B4-U0-G1 11648 112 11440 110 S B2-U0-G2 6552 63 B0-U0-G2 11440 110 S B2-U0-G2 7488 72 6448 62 B0-U0-G2 11336 109 S B2-U0-G2 11544 111 S B4-U0-G2 104 NV-1-48L-7-40K 11648 112 B4-U0-G1 12064 116 13208 127 P B2-U0-G2 6968 67 B0-U0-G2 12376 119 P B2-U0-G2 7904 76 6864 66 B0-U0-G2 12168 117 P B2-U0-G2 12480 120 P B4-U0-G2 104 NV-1-48L-7-50K 12064 116 B4-U0-G1 12480 120 13520 130 P B2-U0-G2 7384 71 B0-U0-G2 13000 125 P B3-U0-G3 8320 80 7280 70 B0-U0-G2 12792 123 P B2-U0-G2 13104 126 P B4-U0-G2 104 NV-1-48L-1-30K 16848 108 B5-U0-G1 17472 112 17160 110 S B3-U0-G3 9828 63 B1-U0-G2 17784 114 S B3-U0-G3 11232 72 9672 62 B1-U0-G2 17472 112 S B3-U0-G3 17940 115 S B4-U0-G2 156 NV-1-48L-1-40K 17472 112 B5-U0-G1 18096 116 19032 122 P B3-U0-G3 10452 67 B1-U0-G2 19188 123 P B3-U0-G3 11856 76 10296 66 B1-U0-G2 18876 121 P B3-U0-G3 19344 124 P B5-U0-G3 156 NV-1-48L-1-50K 18096 116 B5-U0-G1 18720 120 19968 128 P B3-U0-G3 11076 71 B1-U0-G2 20124 129 P B3-U0-G3 12480 80 10920 70 B1-U0-G2 19812 127 P B3-U0-G3 20280 130 P B5-U0-G3 156 NV-1-64L-7-30K 14688 108 B5-U0-G1 15232 112 14960 110 S B2-U0-G2 8568 63 B0-U0-G2 14960 110 S B3-U0-G3 9792 72 8432 62 B1-U0-G2 14824 109 S B3-U0-G3 15096 111 S B4-U0-G2 136 NV-1-64L-7-40K 15232 112 B5-U0-G1 15776 116 17272 127 P B3-U0-G3 9112 67 B0-U0-G2 16184 119 P B3-U0-G3 10336 76 8976 66 B1-U0-G2 15912 117 P B3-U0-G3 16320 120 P B4-U0-G2 136 NV-1-64L-7-50K 15776 116 B5-U0-G1 16320 120 17680 130 P B3-U0-G3 9656 71 B1-U0-G2 17000 125 P B3-U0-G3 10880 80 9520 70 B1-U0-G2 16728 123 P B3-U0-G3 17136 126 P B4-U0-G2 136 NV-1-64L-1-30K 22140 108 B5-U0-G1 22960 112 22550 110 S B3-U0-G3 12915 63 B1-U0-G2 23370 114 S B3-U0-G3 14760 72 12710 62 B1-U0-G3 22960 112 S B3-U0-G3 23575 115 S B5-U0-G3 205 NV-1-64L-1-40K 22960 112 B5-U0-G1 23780 116 25010 122 P B3-U0-G3 13735 67 B1-U0-G3 25215 123 P B3-U0-G3 15580 76 13530 66 B1-U0-G3 24805 121 P B3-U0-G4 25420 124 P B5-U0-G3 205 NV-1-64L-1-50K 23780 116 B5-U0-G1 24600 120 26240 128 P B3-U0-G3 14555 71 B1-U0-G3 26445 129 P B3-U0-G3 16400 80 14350 70 B1-U0-G3 26035 127 P B3-U0-G4 26650 130 P B5-U0-G3 205 LUMENS
DocuSign Envelope ID: C8E955EE-5469-4786-A51B-A9DA4134AB72 103
701 Kingshill Place, Carson, CA 90746
Call Us Today (310) 341-2037 nlslighting.com
MOUNTING OPTIONS
SWEEP ARM (SA)
DIRECT POLE (DP)
Cast Sweep Arm includes (as standard)
Internal Quick Mount Bracket.
Standard mounting arm is extruded
aluminum in lengths of 3" and 7".
*Arm lengths may vary depending on configuration
KNUCKLE MOUNT (KM)
Die Cast Knuckle great for adjustable installation
on 2-3/8" OD vertical or horizontal tenon.
• Max Uptilt of 114 degrees
• Adjustable in 6 degree increments
WALL MOUNT (WM)
TRUNNION MOUNT (TM)
TENNIS ARM (TA)
Cast Aluminum Plate for direct wall
mount. 3" extruded aluminum arm
mounts directly to a cast wall mount box.
Steel, bolt-on-mounting for adjustable
installation with a maximum uplift of
90 degrees.
*Unpainted stainless steel is standard
Steel fitter slips over 3.5" x 1.5" rectangular arm.
*See Tennis Arm Spec Sheet for details
7"
3"
SGL, D180
D90, T90, T120, QD
1.25"
THK
2.5"
5.33"
(0-114° Tilt)
(90° Tilt)
10.25"
OPTIONAL
Optional Cast Aluminum Bracket, Quick Mount Bracket (QMB) and Retrofit Quick Mount Bracket (RQMB), designed for quick mounting on Direct Square or Round Poles. Cleat mounts
directly to pole for easily hung fixtures.
Longer slot to
accommodate
existing drill
pattern.
QMB RQMB
DocuSign Envelope ID: C8E955EE-5469-4786-A51B-A9DA4134AB72 104
SITE LIGHTING
SALR-1
Project Name:
Salinas
(Size 1 Round)
(SALR-1)
Cat #
Type:
Light Dist. No. of LEDs Volts Mounting Color Options
20 (20L)
28 (28L)
32 (32L)
36 (36L)
48 (48L)
56 (56L)
120-277
(UNV)
347-480
(HV)
Direct Fixture Mount
(DFM)
White
(WHT)
Surge Protector
(10K)
Dual Circuit
(DC)
Fuses
(FS)
Terminal Block
(TB)
Milliamps
350
(35)
530
(53)
700
(7)
1050
(1)
Kelvin
3000K
(30K)
4000K
(40K)
5000K
(50K)
The Salinas is a collaborative design of Light Economic principles by NLS Lighting in which intelligent lighting design is combined with a unique patented LED optical system
specifically designed to retrofit existing site lighting and decorative pedestrian luminaires for campuses municipalities and retail applications.
• A lightweight Salinas Light Engine Chassis has been
specifically designed for the existing luminaire enabling easy, safe, and fast installation.
• Salinas is available from 22 to 175 watts.
• The Modular light engine features an efficient chip
upgrade that takes less than a minute to perform.
Salinas features Type 2, 3, 4 and 5 light distributions. • Salinas is the perfect long life solution for any municipality, campus or infrastructure project because of its intelligent and efficient end of life solution and economical pricing. • Salinas conforms to the strictest made in the USA
standards. The Salinas is designed, tooled, fabricated and assembled in California.
Type 2
(T2)
Type 3
(T3)
Type 4
(T4)
Type 5
(T5)
LED WATTAGE CHART
20L 28L 32L 36L 48L 56L
350 milliamps 22w 32w 36w 40w 52w 60w
530 milliamps 33w 46w 54w 59w 78w 90w
700 milliamps 44w 58w 71w 76w 102w 117w
1050 milliamps 66w 64w 106w 114w 156w 175w
LISTINGS
• Certified to UL 1598
• CSA C22.2 No. 250.0
67 DocuSign Envelope ID: C8E955EE-5469-4786-A51B-A9DA4134AB72105 701 Kingshill Place, Carson, CA 90746
Call Us Today (310) 341-2037 nlslighting.com
PRODUCT DIMENSIONS
PRODUCT SPECIFICATIONS
*Not all configurations may be UL Listed.
Housing: Aluminum Housing and Frame
LED: Lumileds Luxeon MX. CRI 70
Optics: Star Power T2, T3, T4 and T5
Watts: 22-175
Listings: UL 1598 Listed
Driver: 0-10V Dimming driver as standard by Philips Advance THD @ Max Load < 15%
Power Factor @ Max Load < 0.95
Kelvin: 3000, 4000, or 5000
Hardware: Stainless Steel
Warranty: Standard Warranty is 5 years for Driver and LEDs 1-7/8"
SALR-1 (14.5" Round)
68 DocuSign Envelope ID: C8E955EE-5469-4786-A51B-A9DA4134AB72 106 Replace old canopy fixtures with
low-profile, energy-saving LED.
VANLED
®
RABLIGHTING.COM • 888-722- 1000
DocuSign Envelope ID: C8E955EE-5469-4786-A51B-A9DA4134AB72 107
Photometrics
VANLED 10W - 10 ft mounting height
Photometric Report #dlf1808125-2a
VANLED 20W - 10 ft mounting height
Photometric Report #dlf1808102-2amod50
VANLED 40W - 10 ft mounting height
Photometric Report #dlf1808102-4amod50
VANLED 52W - 16 ft mounting height
Photometric Report #dlf1808102-5amod50
VANLED 65W - 16 ft mounting height
Photometric Report #dlf1808102-6amod50
VANLED 75W - 16 ft mounting height
Photometric Report #dlf1808102-7amod50
Grid scales: Multiples of mounting height
Values shown in footcandles
Mounting Height 8 9 10 11 12
Multiplier 1.6 1.2 1.0 0.8 0.7
Grid scales: Multiples of mounting height
Values shown in footcandles
Mounting Height 12 14 16 18 20
Multiplier 1.8 1.3 1.0 0.8 0.6
• 6 power packages with a replacement range of 50W to 200W • Low-profile design covers traditional canopy footprints • Ultra-high efficiency up to 150 lm/W
• Available with flat lens or drop lens
• Replace surface or recess-mounted fixtures
• Durable polycarbonate lens is vandal and UV resistant • IP66 rated against dust and water ingress
• 100,000-Hour LED lifespan
Vandal-resistant canopy light
.
0 1
1 2 323
2 2
3 3
0 1
1 2
2 3
3 11 0
0 1
1 2 323
2 2
3 3
0 1
1 2
2 3
3 11 0
0 1
1 2 323
2 2
3 3
0 1
1 2
2 3
3 11 0
0 1
1 2 323
2 2
3 3
0 1
1 2
2 3
3 11 0
0 1
1 2 323
2 2
3 3
11 0
0 1
1 2 323
2 2
3 3
0 1
1 2
2 3
3 11 0
.25
.5
1 2
5 10
.25
.5
1 2
.25
.5
1 2 5
10 .25
.5
1 2
5 .25
.5
1 2
5 .25
.5
1 2
5 10
RAB’s warranty is subject to all
terms and conditions found at
rablighting.com/warranty
Visit rablighting.com to see
which models are DLC listed.
DocuSign Envelope ID: C8E955EE-5469-4786-A51B-A9DA4134AB72 108
Specifications
UL Listing: Suitable for wet locations
LEDs: Long-life, high-efficiency, surface-mount LEDs
Drivers:
10W: Class 2, Constant Current, 100-277V, 50-60Hz, 120V: 0.30A, 208V: 0.20A, 240V: 0.17A, 277V: 0.15A, 280mA
20W: Class 2, Constant Current, 100-277V, 50-60Hz, 120V: 0.30A, 208V: 0.20A, 240V: 0.17A, 277V: 0.15A, 500mA
40W: Class 2, Constant Current, 100-277V and 480V, 50-60Hz, 120V: 0.60A, 208V: 0.19A, 240V: 0.17A, 277V: 0.14A, 1050mA
52W: Class 2, Constant Current, 100-277V and 480V, 50-60Hz, 120V: 0.80A, 208V: 0.26A, 240V: 0.23A, 277V: 0.20A, 1400mA
65W: Class 2, 100-277V, 50-60Hz, 120V: 0.64A, 208V: 0.40A, 240V: 0.35A, 277V: 0.30A, 1650mA 75W: Class 2, 100-277V, 50-60Hz, 120V: 0.85A, 208V: 0.53A, 240V: 0.46A, 277V: 0.40A, 1980mA IP Rating: IP66, protected against dust and water ingress Nominal Watts @120V 10W 20W 40W 52W 65W 75W
Color Temperature (CCT) 5000K 5000K 5000K 5000K 5000K 5000K Input Watts* 14 22 40 56 68 78
Output Lumens* 1971 2989 5380 6811 8486 9344
HID Replacement* 50W 70W 100W 150W 175W 200W
Lumens Per Watt* 146 137 135 122 124 121
Color Accuracy (CRI)* 78 78 78 78 78 78
Dimming: On/off driver or 0-10V dimming available for 20, 40 and 52W models Cold Weather Starting: The minimum starting temperature is -40°C.
Housing: Die-cast aluminum housing and lens frame with (4) 1/2" NPS side conduit entries and weatherproof rear wire plug and access plate
Reflector: Semi-specular, vacuum-metalized polycarbonate Lens: Vandal-resistant polycarbonate textured opaque for low glare; frosted models available.
Mounting: Ceiling mount to recessed junction with knockout template or directly to ceiling surface, utilizing side conduit entry points.
Gaskets: High-temperature silicone gaskets
Finish: Our environmentally friendly polyester powder coatings are formulated for high-durability and long-lasting color, and contain no VOC or toxic heavy metals.
Color Stability: LED color temperature warrantied not to shift more than 200K in CCT in 5 years Color Uniformity: RAB’s range of CCT (Correlated Color Temperature) follows the guidelines of the American National Standard for Specific ations for the Chromaticity of Solid State Lighting (SSL) Products, ANSI C78.377-2017.
Green Technology: Mercury and UV free. RoHS-compliant components.
IESNA LM-79 & LM-80 Testing: RAB LED luminaires have been tested by an independent laboratory in accordance with IESNA LM-79 and LM-80, and have received the Department of Energy “Lighting Facts” label.
California Title 24: 10 and 20 Watt VANLED models equipped with a swivel photocell or mini-sensor comply with 2013 California Title 24 building and electrical codes as a commercial outdoor non-pole-mounted fixture <30 Watts. * Values shown for 5000K temperature only, with a clear drop lens. Visit rablighting.com for 4000K and 3000K performance, as well as other lenses.
Ordering Information
VANLED
Dimensions and Weights
Accessories
Flat Lens
Weight: 11.8 lbs
Drop Lens
Weight: 12 lbs
VANLED RETROPLATE (Bronze)
VANLED RETROPLATEW (White)
Mounting plate used to retrofit recessed
canopy fixtures.
10 10W
20 20W
40 40W
52 52W
65 65W
75 75W
WattageProduct Family Option-Motion Sensor
Blank 5000K
N 4000K
Y 3000K
Color Temp
Blank Drop Lens Blank
F
FFR
Flat Lens
FR Frosted Drop Lens
Frosted Flat Lens
Lens
No Option
Microwave Sensor /MVS2
Wattstopper 8ft /WS3
Wattstopper, 20ft /WS23
Standard
Options- Control
No Option
120V Swivel Photocell /PCS
277V Swivel Photocell /PCS2
480V Swivel Photocell /PCS4
Blank
Options
No Option
Lightcloud® /LC
Emergency Battery /E2/uniF665
Standard
Finish Voltage
Bronze
WWhite Blank
480,0-10V Dim /4801
120-277, 0-10V Dim
1480V not available for 10W, 20W and 28W
2Microwave Sensors available only with Drop Lens @120-277V 3WS = Wattstopper - White - 8ft. WS2 = Wattstopper - White - 20ft. Available for both 120-277 and 480 V 4120-277V only
4 1/3"
110 mm
4 1/3"
110 mm
11"
292 mm
11"
292 mm
11"
282 mm
282 mm
14”
356 mm
14”
356 mm
11"
DocuSign Envelope ID: C8E955EE-5469-4786-A51B-A9DA4134AB72 109
VANLED Canopy Light
DocuSign Envelope ID: C8E955EE-5469-4786-A51B-A9DA4134AB72 110
Project Name:
Vertical Retrofit
(VRET)
Cat #
Type:
Light Dist. No. of LEDs Volts Mounting Color Options
16 (16L)
32 (32L)
48 (48L)
64 (64L)
120-277
(UNV)
Direct Fixture
Mount
(DFM)
White
(WHT)
Surge Protector
(10K)
Dual Circuit
(DC)
Fuses
(FS)
Motion Sensor
(MS)
Milliamps
350
(35)
530
(53)
700
(7)
Kelvin
3000K
(30K)
4000K
(40K)
5000K
(50K)
The VRET Series is a collaborative design of “Light
Economic” principles by NLS Lighting, LLC in which
intelligent lighting design is combined with a unique
patent pending LED optical system specifically designed to retrofit site lighting and decorative pedestrian
luminaires for campuses, parks and retail applications.
VRET features a unique patent pending optical design
in which the LEDs. Are mounted just below the reflector in order to provide full cutoff design while at the same time provide significant illumination up to four mounting heights away by utilizing a long adjustable 95 percent
reflective finish. The optic can be field adjustable after installation to throw longer, shorter, or provide a sharp house side cut off.
LED WATTAGE CHART
16L 32L 48L 64L
350 milliamps 18L 33w 51w 66w
530 milliamps 28w 54w 80w 102w
700 milliamps 36w 71w 104w 136w
Type 3
(T3)
Type 5
(T5)
SITE LIGHTING
VERTICAL LED RETROFIT
STAR POWERTM OPTICAL SYSTEM
The Star PowerTM reflector is an
excellent system which provides great
value and performance.
Flexible Optics!
• Internal adjustable House Side Shield. Any desired
degree angle is achieved. Optics can be adjusted to
concentrate light at any distance from the pole.
• Ideal for sidewalks. The optic allows a cut off at
the base of the store fronts or restaurants as not
to impede on the windows while at the same time
lighting the pathway or street.
• Throws up to five mounting heights on the street
side, providing a long range.
• Light source does not appear as a hot area. The
light is evenly dispersed, creating a full bright glow in lantern.
• 105 lumens per watt output
118
CITY OF SANTA CLARITA DECORATIVE RETROFIT
VRET-T3-48L-35-30K-UNV-DFM-WHT
VRET
T3
48L
35 30K
UNV
DFM
WHT
DocuSign Envelope ID: C8E955EE-5469-4786-A51B-A9DA4134AB72111 701 Kingshill Place, Carson, CA 90746
Call Us Today (310) 341-2037 nlslighting.com
PRODUCT DIMENSIONS
PRODUCT SPECIFICATIONS
VRET - LUMEN DATA CHART
PART NUMBER T5
LUMENS
T5
Lm/W WATTS
VRET-16L-53-40K 3016 108 28
VRET-16L-53-50K 3094 111 28
VRET-16L-7-40K 3434 95 36
VRET-16L-7-50K 3536 98 36
VRET-32L-53-40K 5883 109 54
VRET-32L-53-50K 5989 111 54
VRET-32L-7-40K 6664 94 71
VRET-32L-7-50K 6868 97 71
VRET-48L-53-40K 8560 107 80
VRET-48L-53-50K 5720 72 80
VRET-48L-7-40K 9690 93 104
VRET-48L-7-50K 9996 96 104
VRET-64L-53-40K 11227 110 102
VRET-64L-53-50K 11433 112 102
Benefit with the VRET
Take advantage of retrofitting any
project—landscape, area, roadway,
commercial, shopping centers and
more. Options are endless!
The Vertical LED Retrofit gives you
more in return. Save in material and
energy cost by upgrading your existing
installation to LED.
The Savannah and Sentry lanterns
(shown on left) are benefitting from the
VRET’s LED technology performance
while maintaining their traditional
design. What a great solution!
Savannah + VRET LED Sentry + VRET LED
Housing: Aluminum
LED: Lumileds Luxeon MX. CRI 70
Optics: Star Power
Driver: 0-10V Dimming driver as standard by Philips Advance THD @ Max Load < 15%
Power Factor @ Max Load < 0.95
Kelvin: 4000, or 5000
Hardware: Stainless Steel
Warranty: Standard Warranty is 5 years for Driver and LEDs 119
DocuSign Envelope ID: C8E955EE-5469-4786-A51B-A9DA4134AB72 112 Project Name: Type:
VUE-4
(VUE-4)
Cat # Kelvin
4000K
(40K)
5000K
(50K)
Volts
120-277
(UNV)
347-480
(HV)
Mounting
Knuckle Mount
(KM)
Trunion Mount
(TM)
Color
Grey
(GRY)
Options
Marine Grade Finish (MGF)
Surge Protector (10K)
Photocell + Receptacle (PCR)
Receptacle + Shorting Cap (PER)
NEMA 5 Pin Receptacle
+ Shorting Cap (5PIN)
NEMA 7 Pin Receptacle
+ Shorting Cap (7PIN)
Wireless Control System (WCS)
Remote Driver (RD)
*RD kept in separate driver box
(See SLC Spec Sheet)
House Side Shield (HSS)
Front Side Shield (FSS)
4 Sided Shield (4SS)
1050
(1)
MilliampsLight Dist.
Type 4
(T4)
Type TT
(TT)
No. of LEDs
208 (208L)
224 (224L)
240 (240L)
256 (256L)
HIGH PERFORMACE SPORTS LIGHTING
VUE-4 SPORTS
LED WATTAGE CHART
208L 224L 240L 256L
1050 milliamps 662w 711w 760w 809w
FORM AND FUNCTION
• Sleek, low profile housing
• Dark Sky Compliant, Full Cutoff
• Engineered for optimum thermal management
• Low depreciation rate : L70 = 483,000 Hours
• Reduces energy consumption and costs up to 65%
• Exceeds IES foot candle levels utilizing the least number of poles and fixtures per project
• Optical system designed specifically for Sports Field Lighting
CONSTRUCTION
• Aluminum
• External cooling fins, Finite Element Analysis (FEA)
designed
• Corrosion resistant external hardware
LISTINGS
• Certified to UL 1598
• UL 8750
• CSA C22.2 No. 250.0
• DesignLights Consortium® (DLC)
WARRANTY
Five-year limited warranty for drivers and LEDs.
FINISH
• 3-5 mils electrostatic powder coat.
• NLS’ standard high-quality finishes prevent corrosion protects against and extreme environmental conditions
90 DocuSign Envelope ID: C8E955EE-5469-4786-A51B-A9DA4134AB72113 701 Kingshill Place, Carson, CA 90746
Call Us Today (310) 341-2037 nlslighting.com
PRODUCT SPECIFICATIONS
PRODUCT DIMENSIONS
EPA VUE-4 VUE-4 HSS VUE-4 FSS VUE-4 4SS
Single 1.6 1.25 2.24 2.24
DIMENSION A B C
VUE-4 with Remote Driver (RD) 26.3 in 6.1 in 32.81 in
VUE-4 with Internal Driver 26.3 in 6.1 in 34.5 in
WEIGHT
VUE-4 with Remote Driver (RD) 47 lbs
VUE-4 with Internal Driver 75 lbs
Housing: Aluminum
LED: Lumileds Luxeon MX. CRI 70
Optics: Star Power T4 and Tennis (TT)
Watts: 662-809
L70 Depreciation: 483,000 Hours (@77°F/ 25°C)
Listings: UL 1598 Listed , DLC QPL
Driver: 0-10V Dimming driver as standard by Philips Advance THD @ Max Load < 15%
Power Factor @ Max Load < 0.95
Kelvin: 4000 or 5000
Finish: 5 mils Powder Coat
Warranty: Standard Warranty is 5 years for Driver and LEDs
VUE - LUMEN DATA CHART
PART NUMBER T4
OPTIC Lm/W *DLC T4-HSS
OPTIC Lm/W *DLC T4-FSS
OPTIC Lm/W *DLC T4-4SS
OPTIC Lm/W *DLC TT
OPTIC Lm/W *DLC TT -HSS
OPTIC Lm/W *DLC TT -FSS
OPTIC Lm/W *DLC TT -4SS
OPTIC Lm/W *DLC WATT
VUE-4-208L-1-40K 69510 105 S 65538 99 S 68848 104 S 67524 102 S 69510 105 S 65538 99 S 68848 104 S 68186 103 S 662 VUE-4-208L-1-50K 71496 108 S 67524 102 S 72158 109 S 70834 107 S 71496 108 S 67524 102 S 72158 109 S 71496 108 S 662 VUE-4-224L-1-40K 74655 105 S 70389 99 S 73944 104 S 72522 102 S 74655 105 S 70389 99 S 73944 104 S 73233 103 S 711 VUE-4-224L-1-50K 76788 108 S 72522 102 S 77499 109 S 76077 107 S 76788 108 S 72522 102 S 77499 109 S 76788 108 S 711 VUE-4-240L-1-40K 79800 105 S 75240 99 S 79040 104 S 77520 102 S 79800 105 S 75240 99 S 79040 104 S 78280 103 S 760 VUE-4-240L-1-50K 82080 108 S 77520 102 S 82257 109 S 81320 107 S 82080 108 S 77520 102 S 82840 109 S 82080 108 S 760 VUE-4-256L-1-40K 84945 105 S 80091 99 S 84136 104 S 82518 102 S 84945 105 S 80091 99 S 84136 104 S 83327 103 S 809 VUE-4-256L-1-50K 86996 108 S 82518 102 S 88181 109 S 86563 107 S 87372 108 S 82518 102 S 88181 109 S 87372 108 S 809 *DLC S= Standard
* Cabinet Ordered Separately
L70 DEPRECIATION
483,000 Hours (@77°F/ 25°C)
SHIELD OPTIONS
A
A
B
C
B
C
8.6"
21"
HOUSE SIDE SHIELD (HSS)
VUE-4 with Remote Driver (RD) VUE-4 with Internal Driver FRONT SIDE SHIELD (FSS) FOUR SIDE SHIELD (4SS)
3.5"
3.5"
91 DocuSign Envelope ID: C8E955EE-5469-4786-A51B-A9DA4134AB72 114 701 Kingshill Place, Carson, CA 90746
Call Us Today (310) 341-2037 nlslighting.com
PRODUCT CONFIGURATIONS
EPA VUE-4 VUE-4 HSS VUE-4 FSS VUE-4 4SS
3 FIXTURES 10.37 14.12 12.29 12.29
EPA VUE-4 VUE-4 HSS VUE-4 FSS VUE-4 4SS
9 FIXTURES 30.91 42.16 36.67 36.67
EPA VUE-4 VUE-4 HSS VUE-4 FSS VUE-4 4SS
6 FIXTURES 20.54 28.04 24.38 24.38
EPA VUE-4 VUE-4 HSS VUE-4 FSS VUE-4 4SS
12 FIXTURES 41.08 56.08 48.76 48.76
*EPA includes all fixtures and crossarm
*EPA includes all fixtures and crossarm
*EPA includes all fixtures and crossarm
*EPA includes all fixtures and crossarm
SPORTS LIGHTING 3 FIXTURE CROSS ARM
SPORTS LIGHTING 6 FIXTURE CROSS ARM
SPORTS LIGHTING 9 FIXTURE CROSS ARM
SPORTS LIGHTING 12 FIXTURE CROSS ARM
92 DocuSign Envelope ID: C8E955EE-5469-4786-A51B-A9DA4134AB72 115 1 of 4www.naturaLED.com | [email protected] Toll-Free: 855.758.7009 Project
Schedule Date
Notes
DESCRIPTION
naturaLED® TWP traditional wallpack comes in rugged
cast-aluminum housing with excellent thermal design.
DesignLights Consortium qualified, our TWP product offers a popular classic appearance for your needs. The traditional shape maintains an aesthetic appearance and will replace any building’s wall pack or perimeter lighting. Our TWP is ideal for outdoor applications such as carports, loading areas, driveways, parking area and pathways. Designed for wall mounting above four feet from ground.
TRADITIONAL WALL PACK (TWP)
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
© 2019 naturaLED® All rights reserved
FX
FEATURES
EXAMPLE: LED-FXTWP28/30K/DB
TWP 28 30K
Series
TWP
Traditional Wall Pack
Wattage
28 28W
CCT
30K 3000K
Ordering Information
Category
FX Fixture
LED
LED
WARRANTY
5 Year Warranty
APPLICATIONS
Security Lighting
Pathway Lighting
Perimeter Lighting
Entryway Lighting
Area Lighting
•
•
•
•
•
•
Emergency Driver
ACCESSORIES
DB
Color
DB Dark Bronze
DLC Standard/Premium Qualified
L70 Rated Chip for over 100,000 projected life hours
Uniform and consistent color: ANSI C78.377-2017
UL 1598 for use in wet locations
IP65 Rated
Excellent thermal design
Photocell Sensor Compatible
Microwave Sensor Compatible
LED Emergency Drivers Compatible
2KV - 6KV Surge Protection
Corrosion resistant powder coating
Material: Die Cast Aluminum
Lens: Borosilicate Glass Lens
Input line voltage: 120-277V
Power Factor: >0.9
THD: <20%
Dimmable: 0-10V
Beam: Forward Throw
Color Temp: 3000K, 4000K, 5000K
Operating temperature: -22˚F - 131˚F
Finish: Dark Bronze
EMERGENCY
BACKUP
V
DIMMING
IP65
IP65
Borosilicate Glass/ Plastic Lens Gasket
Cut Off Shield
Photocell
Motion Sensor
Motion/ Daylight Sensor Option Available
DocuSign Envelope ID: C8E955EE-5469-4786-A51B-A9DA4134AB72 116
TRADITIONAL WALL PACK
2 of 4www.naturaLED.com | [email protected] Toll-Free: 855.758.7009 © 2019 naturaLED® All rights reserved
ORDERING
Length (L) Width (W) Height(H)
8.66” (220mm)
14.5” (363mm)
14.5” (363mm)
18.5” (463mm)
9” (230mm)
7.50” (188mm)
7.50” (188mm)
9.25”(239mm)
7.28” (185mm)
9” (230mm)
9” (230mm)
9” (230mm)
SPECIFICATIONS
Wattage
28W
38/55W
42/60W
95/120W
DLC
Standard
Premium
Standard
Standard
7756
7466
7467
7775
7776
7777
7778
7757
7076
7077
7088
7089
7765
7766
7767
7768
LED-FXTWP28/30K/DB
LED-FXTWP28/40K/DB
LED-FXTWP28/50K/DB
LED-FXTWP38/40K/DB
LED-FXTWP38/50K/DB
LED-FXTWP55/40K/DB
LED-FXTWP55/50K/DB
LED-FXTWP42/30K/DB
LED-FXTWP42/40K/DB
LED-FXTWP42/50K/DB
LED-FXTWP60/40K/DB
LED-FXTWP60/50K/DB
LED-FXTWP95/40K/DB
LED-FXTWP95/50K/DB
LED-FXTWP120/40K/DB
LED-FXTWP120/50K/DB
3000K
4000K
5000K
4000K
5000K
4000K
5000K
3000K
4000K
5000K
4000K
5000K
4000K
5000K
4000K
5000K
28 28
28 39
39 58
58 42
42 42
60 60
95 95
120
120
3,448
3,448
3,635
5,780
5,808
8,382
8,459
4,775
5,017
5,150
7,449
7,706
12,044
12,615
15,010
15,498
8.8” x 8.9”
8.8” x 8.9”
8.8” x 8.9”
14.50” x 9”
14.50” x 9”
14.50” x 9”
14.50” x 9”
14.50” x 9”
14.50” x 9”
14.50” x 9”
14.50” x 9”
14.50” x 9”
18.5” x 9.25”
18.5” x 9.25”
18.5” x 9.25”
18.5” x 9.25”
50,000
50,000
50,000
50,000
50,000
50,000
50,000
50,000
50,000
50,000
50,000
50,000
50,000
50,000
50,000
50,000
-
P
P
P
P
P
P
-
S
S
S
S
S
S
S
S
*P= Premium DLC / *S = Standard DLC
Ordering
Code Description
Color
Temp (K)
Lumens
(lm)
Equiv.
Wattage
(W) Size
Rated
Hrs
IP
65 DLC
(S/P)
Watts
(W)
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
175W
175W
175W
250-400W
250-400W
400-575W
400-575W
175-250W
175-250W
175-250W
250-400W
250-400W
400-575W
400-575W
400-750W
400-750W
L
H
W
DocuSign Envelope ID: C8E955EE-5469-4786-A51B-A9DA4134AB72 117
3 of 4www.naturaLED.com | [email protected] Toll-Free: 855.758.7009 © 2019 naturaLED® All rights reserved
TRADITIONAL WALL PACK
SOLD SEPARATELY
MOUNTING / ACCESSORIES
Cut Off Shield
• P10055 CVR-TWP-SMALL/DB
(Full Cut-off Shield for 28W)
• P10022 CVR-TWP-MEDIUM/DB
(Full Cut-off Shield for 38-60W)
• P10023 CVR-TWP-LARGE/DB
(Full Cut-off Shield for 95-120W)
Replacement Glass/ Plastic Lens
• P10002 LENS-TWP-SMALL
( Glass Lens Gasket for 28W)
• P10000 LENS-TWP-MEDIUM
(Glass Lens Gasket for 38W-60W)
• P10003 LENS-TWP-PC-MEDIUM
(Plastic Lens Gasket for 38W-60W)
• P10001 LENS-TWP-LARGE
(Glass Lens Gasket for 95-120W)
Photocell
• P10036 SEN-PHO-BT-MT/MV
(Button Photocell 120-277V)
Sensor
• P10091 SEN-UM05/ANT5
(Microwave Sensor
*for 38W or higher)
EM Driver
• 7334 BAEM15-48BC/MV-A
(Emergency Driver)
160
240
320
cd/klm η = 100%
C0 - C180 C90 - C270
0° 15° 30° 45°
60°
75°
90°
105°
120°
135°150°165°180°165°150°135°
120°
105°
90°
75°
60°
45° 30° 15° 0°
200
300
400
500
cd/klm η = 100%
C0 - C180 C90 - C270
0° 15° 30°
45°
60°
75°
90°
105°105°
90°
75°
60°
45°
30° 15° 0°
160
240
320
cd/klm η = 100%
C0 - C180 C90 - C270
0° 15° 30° 45°
60°
75°
90°
105°
120°
135°150°165°180°165°150°135°
120°
105°
90°
75°
60°
45° 30° 15° 0°
28 Watt
DLC Premium
38 Watt
DLC Premium
55 Watt
DLC Premium
PHOTOMETRICS CHART
DocuSign Envelope ID: C8E955EE-5469-4786-A51B-A9DA4134AB72 118
PHOTOMETRICS CHART
4 of 4www.naturaLED.com | [email protected] Toll-Free: 855.758.7009 © 2019 naturaLED® All rights reserved
TRADITIONAL WALL PACK
200
300
400
500
cd/klm η = 100%
C0 - C180 C90 - C270
0° 15° 30° 45°
60°
75°
90°
105°
120°
135°150°165°180°165°150°135°
120°
105°
90°
75°
60°
45° 30° 15° 0°
42 Watt
DLC Standard
1000
1500
2000
2500
cd 7453 lm
C0 - C180 C90 - C270
0° 15° 30° 45°
60°
75°
90°
105°
120°
135°150°165°180°165°150°135°
120°
105°
90°
75°
60°
45° 30° 15° 0°
200
300
400
cd/klm η = 100%
C0 - C180 C90 - C270
0° 15° 30° 45°
60°
75°
90°
105°
120°
135°150°165°180°165°150°135°
120°
105°
90°
75°
60°
45° 30° 15° 0°
160
240
320
cd/klm η = 100%
C0 - C180 C90 - C270
0° 15° 30° 45°
60°
75°
90°
105°
120°
135°150°165°180°165°150°135°
120°
105°
90°
75°
60°
45° 30° 15° 0°
60 Watt
DLC Standard
95 Watt
DLC Standard
120 Watt
DLC Standard
PACKAGE
Master Pack: 1
DocuSign Envelope ID: C8E955EE-5469-4786-A51B-A9DA4134AB72 119
Fontana Parks
Sports Lighting Inspection Log
120
Date Ball Field Inspected By Condition Before Repair
(Good/Bad/Other) Bracket Added? Saftey Cable Added? Fixture Replaced? Notes 8/16/2021 Field #1 Michael Roy Good Yes Yes No
8/16/2021 Field #1 Michael Roy Good Yes Yes No
8/16/2021 Field #1 Michael Roy Good Yes Yes No
8/16/2021 Field #1 Pole #1 Fixture #4 Michael Roy Good Yes Yes No 8/16/2021 Field #1 Michael Roy Good Yes Yes No
8/16/2021 Field #1 Michael Roy Good Yes Yes No
8/16/2021 Field #1 Michael Roy Good Yes Yes No
8/16/2021 Field #1 Michael Roy Good Yes Yes No
8/16/2021 Field #1 Michael Roy Good Yes Yes No
8/16/2021 Field #1 Michael Roy Good Yes Yes No
8/16/2021 Field #1 Michael Roy Good Yes Yes No
8/16/2021 Field #1 Pole #3 Fixture #4 Michael Roy Good Yes Yes No 8/16/2021 Field #1 Michael Roy Good Yes Yes No
8/16/2021 Field #1 Michael Roy Good Yes Yes No
8/16/2021 Field #1 Michael Roy Good Yes Yes No
8/16/2021 Field #1 Pole #4 Fixture #4 Michael Roy Good Yes Yes No 8/18/2021 Field #2 Michael Roy Good Yes Yes No
8/18/2021 Field #2 Michael Roy Good Yes Yes No
8/18/2021 Field #2 Michael Roy Good Yes Yes No
8/18/2021 Field #2 Pole #1 Fixture #4 Michael Roy Good Yes Yes No 8/18/2021 Field #2 Michael Roy Good Yes Yes No
8/18/2021 Field #2 Michael Roy Good Yes Yes No
8/18/2021 Field #2 Michael Roy Good Yes Yes No
8/18/2021 Field #2 Pole #2 Fixture #4 Michael Roy Good Yes Yes No 8/18/2021 Field #2 Pole #3 Fixture #1 Michael Roy Good Yes Yes No 8/18/2021 Field #2 Pole #3 Fixture #2 Michael Roy Good Yes Yes No 8/18/2021 Field #2 Pole #3 Fixture #3 Michael Roy Good Yes Yes No Park Name: Bill Martin Park
Park Address: 7881 Juniper Ave
Start Date:
Total Fixture Quantity:
8/2/2021
112
Pole #3 Fixture #1
Pole #2 Fixture #4
Pole #2 Fixture #2
Pole #2 Fixture #3
Fixture and Pole Number
Pole #1 Fixture #1
Pole #3 Fixture #3
Pole #4 Fixture #1
Pole #4 Fixture #2
Pole #4 Fixture #3
Pole #3 Fixture #2
Pole #2 Fixture #1
Pole #1 Fixture #2
Pole #1 Fixture #3
Pole #2 Fixture #1
Pole #2 Fixture #2
Pole #2 Fixture #3
Pole #1 Fixture #3
Pole #1 Fixture #1
Pole #1 Fixture #2
NLS Sports Lighting Inspection Log
121
Date Inspected By Condition Before Repair
(Good/Bad/Other) Bracket Added? Saftey Cable Added? Fixture Replaced? Notes 7/28/2021 Michael Roy Good Yes Yes No
7/28/2021 Michael Roy Good Yes Yes No Replaced broken glass 7/28/2021 Michael Roy Good Yes Yes No
7/28/2021 Michael Roy Good Yes Yes No
7/28/2021 Michael Roy Good Yes Yes No
7/28/2021 Michael Roy Good Yes Yes No
7/28/2021 Michael Roy Good Yes Yes No
7/28/2021 Michael Roy Good Yes Yes No
7/28/2021 Michael Roy Good Yes Yes No
7/27/2021 Michael Roy Good Yes Yes No
7/27/2021 Michael Roy Good Yes Yes No
7/27/2021 Michael Roy Good Yes Yes No
7/27/2021 Michael Roy Good Yes Yes No
7/27/2021 Michael Roy Good Yes Yes No
7/27/2021 Michael Roy Good Yes Yes No
7/27/2021 Michael Roy Good Yes Yes No
7/27/2021 Michael Roy Good Yes Yes No
7/27/2021 Michael Roy Good Yes Yes No
7/27/2021 Michael Roy Good Yes Yes No
7/27/2021 Michael Roy Good Yes Yes No
7/27/2021 Michael Roy Good Yes Yes No
7/27/2021 Michael Roy Good Yes Yes No
7/27/2021 Michael Roy Good Yes Yes No
7/27/2021 Michael Roy Good Yes Yes No
7/27/2021 Michael Roy Good Yes Yes No
7/28/2021 Michael Roy Good Yes Yes No
7/28/2021 Michael Roy Good Yes Yes No
7/28/2021 Michael Roy Good Yes Yes No
7/28/2021 Michael Roy Good Yes Yes No
7/28/2021 Michael Roy Good Yes Yes No
Start Date:
Total Fixture Quantity:
7/27/2021
30 Pole #8 Fixture #3
Pole #8 Fixture #4
Pole #8 Fixture #5
Pole #7 Fixture #1
Pole #7 Fixture #2
Pole #7 Fixture #3
Pole #7 Fixture #4
Pole #8 Fixture #1
Pole #8 Fixture #2
Pole #6 Fixture #1
Pole #6 Fixture #2
Pole #6 Fixture #3
Pole #6 Fixture #4
Pole #4 Fixture #3
Pole #4 Fixture #4
Pole #5 Fixture #1
Pole #5 Fixture #2
Pole #5 Fixture #3
Pole #5 Fixture #4
Pole #3 Fixture #2
Pole #3 Fixture #3
Pole #3 Fixture #4
Pole #3 Fixture #5
Pole #4 Fixture #1
Pole #4 Fixture #2
Pole #1 Fixture #2
Pole #2 Fixture #1
Pole #2 Fixture #2
Pole #3 Fixture #1
Fixture and Pole Number
Pole #1 Fixture #1
NLS Sports Lighting Inspection Log
Park Name: Chaparral Park
Park Address: 11415 Rancherias Dr
122
Date Inspected By Condition Before Repair
(Good/Bad/Other) Bracket Added? Saftey Cable Added? Fixture Replaced? Notes 5/5/2021 Michael Roy Good Yes Yes No
5/5/2021 Michael Roy Good Yes Yes No
5/5/2021 Michael Roy Good Yes Yes No
5/5/2021 Michael Roy Good Yes Yes No
5/5/2021 Michael Roy Good Yes Yes Yes Replaced Arm
5/5/2021 Michael Roy Bad Broke tenon Yes Yes Yes Replaced Arm 5/5/2021 Michael Roy Bad Stress Crack Yes Yes Yes Replaced Arm 5/5/2021 Michael Roy Bad Broke off Yes Yes Yes Replaced Arm 5/10/2021 Michael Roy Good Yes Yes No
5/10/2021 Michael Roy Good Yes Yes No
5/10/2021 Michael Roy Good Yes Yes No
5/10/2021 Michael Roy Bad Stress crack Yes Yes Yes
5/10/2021 Michael Roy Good Yes Yes No
5/10/2021 Michael Roy Bad Stress Crack Yes Yes Yes
5/12/2021 Michael Roy Good Yes Yes No
5/12/2021 Michael Roy Good Yes Yes No
5/12/2021 Michael Roy Good Yes Yes No
5/12/2021 Michael Roy Good Yes Yes No
5/12/2021 Michael Roy Good Yes Yes No
5/12/2021 Michael Roy Good Yes Yes No
5/7/2021 Michael Roy Good Yes Yes No
5/7/2021 Michael Roy Good Yes Yes No
5/7/2021 Michael Roy Good Yes Yes No
5/7/2021 Michael Roy Good Yes Yes No
5/7/2021 Michael Roy Good Yes Yes No
5/7/2021 Michael Roy Good Yes Yes No
5/7/2021 Michael Roy Good Yes Yes No
5/7/2021 Michael Roy Good Yes Yes No
5/11/2021 Michael Roy Good Yes Yes No
5/11/2021 Michael Roy Good Yes Yes No
5/11/2021 Michael Roy Good Yes Yes No
5/11/2021 Michael Roy Good Yes Yes No
5/11/2021 Michael Roy Good Yes Yes No
5/11/2021 Michael Roy Good Yes Yes No
5/10/2021 Michael Roy Good Yes Yes No
5/10/2021 Michael Roy Good Yes Yes No
5/10/2021 Michael Roy Good Yes Yes No
Start Date:
Total Fixture Quantity:
5/5/2021
80 Field 2 Pole 3 F# 4
Field 2 Pole 3 F# 5
Field 2 Pole 3 F# 6
Field 2 Pole 4 F# 1
Field 2 Pole 4 F# 2
Field 2 Pole 4 F# 3
Field 2 Pole 2 F# 2
Field 2 Pole 2 F# 3
Field 2 Pole 2 F# 4
Field 2 Pole 3 F# 1
Field 2 Pole 3 F# 2
Field 2 Pole 3 F# 3
Field 1 Pole 4 F# 6
Field 2 Pole 1 F# 1
Field 2 Pole 1 F# 2
Field 2 Pole 1 F# 3
Field 2 Pole 1 F# 4
Field 2 Pole 2 F# 1
Field 1 Pole 3 F# 6
Field 1 Pole 4 F# 1
Field 1 Pole 4 F# 2
Field 1 Pole 4 F# 3
Field 1 Pole 4 F# 4
Field 1 Pole 4 F# 5
Field 1 Pole 2 F# 4
Field 1 Pole 3 F# 1
Field 1 Pole 3 F# 2
Field 1 Pole 3 F# 3
Field 1 Pole 3 F# 4
Field 1 Pole 3 F# 5
Field 1 Pole 1 F# 2
Field 1 Pole 1 F# 3
Field 1 Pole 1 F# 4
Field 1 Pole 2 F# 1
Field 1 Pole 2 F# 2
Field 1 Pole 2 F# 3
Fixture and Pole Number
Field 1 Pole 1 F# 1
Park Name: Coyote Canyon
Park Address: 5065 Coyote Canyon Dr
NLS Sports Lighting Inspection Log
123
5/11/2021 Michael Roy Good Yes Yes No
5/11/2021 Michael Roy Good Yes Yes No
5/11/2021 Field 2 Pole 4 F# 6 Michael Roy Good Yes Yes No 6/10/2021 Field 3 Pole 1 F# 1 Michael Roy Bad Broke off Yes Yes Yes 6/10/2021 Field 3 Pole 1 F# 2 Michael Roy Bad Stress Crack Yes Yes Yes 6/10/2021 Field 3 Pole 1 F# 3 Michael Roy Bad Stress Crack Yes Yes Yes 5/19/2021 Field 3 Pole 1 F# 4 Michael Roy Good Yes Yes No 5/19/2021 Field 3 Pole 1 F# 5 Michael Roy Good Yes Yes No 5/19/2021 Field 3 Pole 1 F# 6 Michael Roy Good Yes Yes No 6/10/2021 Field 3 Pole 2 F# 1 Michael Roy Bad Stress Crack Yes Yes Yes 6/10/2021 Field 3 Pole 2 F# 2 Michael Roy Bad Stress Crack Yes Yes Yes 5/13/2021 Field 3 Pole 2 F# 3 Michael Roy Good Yes Yes No Field 2 Pole 4 F# 4
Field 2 Pole 4 F# 5
124
Date Inspected By Condition Before Repair
(Good/Bad/Other) Bracket Added? Saftey Cable Added? Fixture Replaced? Notes 6/29/2021 Michael Roy Good Yes Yes Yes Replaced Arm
6/29/2021 Michael Roy Bad Yes Yes Yes Replaced Arm
6/29/2021 Michael Roy Bad Yes Yes Yes Replaced Arm
6/29/2021 Michael Roy Good Yes Yes No
6/29/2021 Michael Roy Good Yes Yes No
6/29/2021 Michael Roy Good Yes Yes No
6/29/2021 Michael Roy Good Yes Yes No
6/29/2021 Michael Roy Good Yes Yes No
6/29/2021 Michael Roy Good Yes Yes No
6/29/2021 Michael Roy Good Yes Yes No
6/29/2021 Michael Roy Good Yes Yes No
7/1/2021 Michael Roy Good Yes Yes No
7/1/2021 Michael Roy Good Yes Yes No
7/1/2021 Michael Roy Good Yes Yes No
7/1/2021 Michael Roy Good Yes Yes No
7/1/2021 Michael Roy Good Yes Yes No
7/1/2021 Michael Roy Good Yes Yes No
7/1/2021 Michael Roy Good Yes Yes No
7/1/2021 Michael Roy Good Yes Yes No
6/30/2021 Michael Roy Good Yes Yes Yes Replaced Arm
6/30/2021 Michael Roy Good Yes Yes Yes Replaced Arm
6/30/2021 Michael Roy Good Yes Yes Yes Replaced Arm
6/30/2021 Michael Roy Good Yes Yes Yes Replaced Arm
6/30/2021 Michael Roy Bad (Ripped off) Yes Yes Yes Replaced Arm Start Date:
Total Fixture Quantity:
6/29/2021
24 Pole #5 Fixture #4
Pole #6 Fixture #1
Pole #6 Fixture #2
Pole #6 Fixture #3
Pole #6 Fixture #4
Pole #6 Fixture #5
Pole #4 Fixture #2
Pole #4 Fixture #3
Pole #4 Fixture #4
Pole #5 Fixture #1
Pole #5 Fixture #2
Pole #5 Fixture #3
Pole #3 Fixture #1
Pole #3 Fixture #2
Pole #3 Fixture #3
Pole #3 Fixture #4
Pole #3 Fixture #5
Pole #4 Fixture #1
Pole #1 Fixture #2
Pole #1 Fixture #3
Pole #2 Fixture #1
Pole #2 Fixture #2
Pole #2 Fixture #3
NLS Sports Lighting Inspection Log
Fixture and Pole Number
Pole #1 Fixture #1
Park Name: Hunter Ridge
Park Address: 5072 Cherry Ave
125
Date Inspected By Condition Before Repair
(Good/Bad/Other) Bracket Added? Saftey Cable Added? Fixture Replaced? Notes 7/20/2021 Michael Roy Good Yes Yes No
7/20/2021 Michael Roy Good Yes Yes No
7/20/2021 Michael Roy Good Yes Yes No
7/20/2021 Pole #1 Fixture #4 Michael Roy Good Yes Yes No 7/20/2021 Pole #1 Fixture #5 Michael Roy Good Yes Yes No 7/20/2021 Pole #1 Fixture #6 Michael Roy Good Yes Yes No 7/20/2021 Pole #1 Fixture #7 Michael Roy Good Yes Yes No 7/20/2021 Michael Roy Good Yes Yes No
7/20/2021 Michael Roy Good Yes Yes No
7/20/2021 Michael Roy Good Yes Yes No
7/20/2021 Michael Roy Good Yes Yes No
7/20/2021 Michael Roy Good Yes Yes No
7/20/2021 Michael Roy Good Yes Yes No
7/20/2021 Pole #2 Fixture #7 Michael Roy Good Yes Yes No 7/21/2021 Michael Roy Good Yes Yes No
7/21/2021 Michael Roy Good Yes Yes No
7/21/2021 Michael Roy Good Yes Yes No
7/21/2021 Pole #3Fixture #4 Michael Roy Good Yes Yes No 7/21/2021 Pole #3 Fixture #5 Michael Roy Good Yes Yes No 7/21/2021 Pole #3 Fixture #6 Michael Roy Good Yes Yes No 7/21/2021 Pole #3 Fixture #7 Michael Roy Good Yes Yes No 7/21/2021 Michael Roy Good Yes Yes No
7/21/2021 Michael Roy Good Yes Yes No
7/21/2021 Michael Roy Good Yes Yes No
7/21/2021 Michael Roy Good Yes Yes No
7/21/2021 Michael Roy Good Yes Yes No
7/21/2021 Michael Roy Good Yes Yes No
7/21/2021 Pole #4 Fixture #7 Michael Roy Good Yes Yes No 7/22/2021 Michael Roy Good Yes Yes No
7/22/2021 Michael Roy Good Yes Yes No
7/22/2021 Michael Roy Good Yes Yes No
7/22/2021 Pole #5 Fixture #4 Michael Roy Good Yes Yes No 7/22/2021 Pole #5 Fixture #5 Michael Roy Good Yes Yes No 7/22/2021 Pole #5 Fixture #6 Michael Roy Good Yes Yes No 7/22/2021 Pole #5 Fixture #7 Michael Roy Good Yes Yes No 7/22/2021 Michael Roy Good Yes Yes No
7/22/2021 Michael Roy Good Yes Yes No
7/20/2021
56 Pole #4 Fixture #1
Pole #4 Fixture #2
Pole #4 Fixture #3
Pole #5 Fixture #3
Pole #4 Fixture #6
Pole #6 Fixture #1
Pole #6 Fixture #2
Pole #3 Fixture #2
Pole #3 Fixture #3
Pole #4 Fixture #4
Pole #4 Fixture #5
Pole #5 Fixture #1
Pole #5 Fixture #2
Pole #1 Fixture #2
Pole #1 Fixture #3
Pole #2 Fixture #1
Pole #2 Fixture #2
Pole #2 Fixture #3
Pole #3 Fixture #1
Pole #2 Fixture #4
Pole #2 Fixture #5
Pole #2 Fixture #6
Fixture and Pole Number
Pole #1 Fixture #1
Park Name: Koehler Park
Park Address: 15352 Walnut St
Start Date:
Total Fixture Quantity:
NLS Sports Lighting Inspection Log
126
7/22/2021 Michael Roy Good Yes Yes No
7/22/2021 Michael Roy Good Yes Yes No
7/22/2021 Michael Roy Good Yes Yes No
7/22/2021 Michael Roy Good Yes Yes No
7/22/2021 Pole #6 Fixture #7 Michael Roy Good Yes Yes No 7/23/2021 Michael Roy Good Yes Yes No
7/23/2021 Michael Roy Good Yes Yes No
7/23/2021 Michael Roy Good Yes Yes No
7/23/2021 Pole #7 Fixture #4 Michael Roy Good Yes Yes No 7/23/2021 Pole #7 Fixture #5 Michael Roy Good Yes Yes No 7/23/2021 Pole #7 Fixture #6 Michael Roy Good Yes Yes No 7/23/2021 Pole #7 Fixture #7 Michael Roy Good Yes Yes No 7/23/2021 Michael Roy Good Yes Yes No
7/23/2021 Michael Roy Good Yes Yes No
7/23/2021 Michael Roy Good Yes Yes No
7/23/2021 Michael Roy Good Yes Yes No
7/23/2021 Michael Roy Good Yes Yes No
7/23/2021 Michael Roy Good Yes Yes No
7/23/2021 Pole #8 Fixture #7 Michael Roy Good Yes Yes No Pole #6 Fixture #4
Pole #6 Fixture #5
Pole #7 Fixture #2
Pole #7 Fixture #1
Pole #6 Fixture #3
Pole #6 Fixture #6
Pole #8 Fixture #5
Pole #8 Fixture #6
Pole #7 Fixture #3
Pole #8 Fixture #1
Pole #8 Fixture #2
Pole #8 Fixture #3
Pole #8 Fixture #4
127
Date Inspected By Time Inspected Condition Before Repair (Good/Bad/Other) Bracket Added? Saftey Cable Added? Fixture Replaced? Notes 5/4/2021 Michael Roy Stress crack tenon/fixture YES YES YES Replaced with new arm and fixtures. Old fixtures removed bolts break while taken off
5/4/2021 Michael Roy Good YES YES YES
Replaced with new arm and fixtures. Old fixtures removed bolts break while taken off
5/4/2021 Michael Roy Good YES YES YES
Replaced with new arm and fixtures. Old fixtures removed bolts break while taken off
5/4/2021 Michael Roy Good YES YES YES
Replaced with new arm and fixtures. Old fixtures removed bolts break while taken off
5/4/2021 Michael Roy Good YES YES YES
Replaced with new arm and fixtures. Old fixtures removed bolts break while taken off
5/3/2021 Michael Roy Stress crack tenon/fixture YES YES YES Replaced with new arm and fixtures. Old fixtures removed bolts break while taken off
5/3/2021 Michael Roy Good YES YES YES
Replaced with new arm and fixtures. Old fixtures removed bolts break while taken off
5/3/2021 Michael Roy Stress crack tenon/fixture YES YES YES Replaced with new arm and fixtures. Old fixtures removed bolts break while taken off
5/3/2021 Michael Roy Good YES YES YES
Replaced with new arm and fixtures. Old fixtures removed bolts break while taken off
5/3/2021 Michael Roy Stress crack fixture YES YES YES
Replaced with new arm and fixtures. Old fixtures removed bolts break while taken off
4/26/2021 Michael Roy Stress crack fixture YES YES YES
Replaced with new arm and fixtures. Old fixtures removed bolts break while taken off
4/26/2021 Michael Roy Good YES YES YES
Replaced with new arm and fixtures. Old fixtures removed bolts break while taken off
4/26/2021 Michael Roy Good YES YES YES
Replaced with new arm and fixtures. Old fixtures removed bolts break while taken off
4/26/2021 Michael Roy Broken off at tenon YES YES YES
Replaced with new arm and fixtures. Old fixtures removed bolts break while taken off
4/15/2021 Michael Roy Good YES YES YES
Replaced with new arm and fixtures. Old fixtures removed bolts break while taken off
4/15/2021 Michael Roy Good YES YES YES
Replaced with new arm and fixtures. Old fixtures removed bolts break while taken off
4/15/2021 Michael Roy Stress fracture tenon YES YES YES Replaced with new arm and fixtures. Old fixtures removed bolts break while taken off
4/15/2021 Michael Roy Good YES YES YES
Replaced with new arm and fixtures. Old fixtures removed bolts break while taken off
4/15/2021 Michael Roy Stress crack fixture YES YES YES
Replaced with new arm and fixtures. Old fixtures removed bolts break while taken off
4/22/2021 Michael Roy Good YES YES NO
4/22/2021 Michael Roy Good YES YES NO
4/22/2021 Michael Roy Good YES YES NO
4/22/2021 Michael Roy Good YES YES NO
4/22/2021 Michael Roy Good YES YES NO
4/22/2021 Michael Roy Good YES YES NO
4/22/2021 Michael Roy Good YES YES NO
4/22/2021 Michael Roy Good YES YES NO
4/21/2021 Michael Roy Good YES YES NO
4/21/2021 Michael Roy Good YES YES NO
4/21/2021 Michael Roy Good YES YES NO
4/21/2021 Michael Roy Good YES YES NO
4/21/2021 Michael Roy Good YES YES NO
4/21/2021 Michael Roy Good YES YES NO
4/21/2021 Michael Roy Good YES YES NO
4/21/2021 Michael Roy Good YES YES NO
4/21/2021 Michael Roy Good YES YES NO
4/19/2021 Michael Roy Good YES YES NO
4/19/2021 Michael Roy Good YES YES NO
4/19/2021 Michael Roy Good YES YES NO
4/19/2021 Michael Roy Good YES YES NO
4/20/2021 Michael Roy Good YES YES NO
4/20/2021 Michael Roy Good YES YES NO
4/20/2021 Michael Roy Good YES YES NO
4/20/2021 Michael Roy Good YES YES NO
4/20/2021 Michael Roy Good YES YES NO
NLS Sports Lighting Inspection Log
Park Name: Ralph Lewis Start Date: 3/15/2021
Park Address: 6198 Citrus Ave, Fontana, CA 92336 Total Fixture Quantity: 166 Fixture and Pole Number
Pole # 7 Fixture #1
Pole # 7 Fixture #2
Pole # 7 Fixture #3
Pole # 7 Fixture #4
Pole # 7 Fixture #5
Pole # 7 Fixture #6
Pole # 7 Fixture #7
Pole # 7 Fixture #8
Pole # 7 Fixture #9
Pole # 7 Fixture #10
Pole # 8 Fixture #1
Pole # 8 Fixture #2
Pole # 8 Fixture #3
Pole # 8 Fixture #4
Pole # 8 Fixture #5
Pole # 8 Fixture #6
Pole # 8 Fixture #7
Pole # 8 Fixture #8
Pole # 8 Fixture #9
Pole # 12 Fixture #1
Pole # 12 Fixture #2
Pole # 12 Fixture #3
Pole # 12 Fixture #4
Pole # 12 Fixture #5
Pole # 12 Fixture #6
Pole # 12 Fixture #7
Pole # 12 Fixture #8
Pole # 11 Fixture #1
Pole # 11 Fixture #2
Pole # 11 Fixture #3
Pole # 11 Fixture #4
Pole # 11 Fixture #5
Pole # 11 Fixture #6
Pole # 11 Fixture #7
Pole # 11 Fixture #8
Pole # 11 Fixture #9
Pole # 13 Fixture #1
Pole # 13 Fixture #2
Pole # 13 Fixture #3
Pole # 13 Fixture #4
Pole # 13 Fixture #5
Pole # 13 Fixture #6
Pole # 13 Fixture #7
Pole # 13 Fixture #8
Pole # 13 Fixture #9
128
4/20/2021 Michael Roy Good YES YES NO
4/20/2021 Michael Roy Good YES YES NO
4/20/2021 Michael Roy Good YES YES NO
4/20/2021 Michael Roy Good YES YES NO
4/20/2021 Michael Roy Good YES YES NOPole # 13 Fixture #14 Pole # 13 Fixture #10
Pole # 13 Fixture #11
Pole # 13 Fixture #12
Pole # 13 Fixture #13
129
Date Inspected By Condition Before Repair
(Good/Bad/Other) Bracket Added? Saftey Cable Added? Fixture Replaced? Notes 5/4/2021 Michael Roy Stress crack tenon/fixture YES YES YES Replaced with new arm and fixtures. 5/4/2021 Michael Roy Good YES YES YES Replaced with new arm and fixtures. 5/4/2021 Michael Roy Good YES YES YES Replaced with new arm and fixtures. 5/4/2021 Michael Roy Good YES YES YES Replaced with new arm and fixtures. 5/4/2021 Michael Roy Good YES YES YES Replaced with new arm and fixtures. 5/3/2021 Michael Roy Stress crack tenon/fixture YES YES YES Replaced with new arm and fixtures. 5/3/2021 Michael Roy Good YES YES YES Replaced with new arm and fixtures. 5/3/2021 Michael Roy Stress crack tenon/fixture YES YES YES Replaced with new arm and fixtures. 5/3/2021 Michael Roy Good YES YES YES Replaced with new arm and fixtures. 5/3/2021 Michael Roy Stress crack fixture YES YES YES Replaced with new arm and fixtures. 4/26/2021 Michael Roy Stress crack fixture YES YES YES Replaced with new arm and fixtures. 4/26/2021 Michael Roy Good YES YES YES Replaced with new arm and fixtures. 4/26/2021 Michael Roy Good YES YES YES Replaced with new arm and fixtures. 4/26/2021 Michael Roy Broken off at tenon YES YES YES Replaced with new arm and fixtures. 4/15/2021 Michael Roy Good YES YES YES Replaced with new arm and fixtures. 4/15/2021 Michael Roy Good YES YES YES Replaced with new arm and fixtures. 4/15/2021 Michael Roy Stress fracture tenon YES YES YES Replaced with new arm and fixtures. 4/15/2021 Michael Roy Good YES YES YES Replaced with new arm and fixtures. 4/15/2021 Michael Roy Stress crack fixture YES YES YES Replaced with new arm and fixtures. 4/22/2021 Michael Roy Good YES YES NO
4/22/2021 Michael Roy Good YES YES NO
4/22/2021 Michael Roy Good YES YES NO
4/22/2021 Michael Roy Good YES YES NO
4/22/2021 Michael Roy Good YES YES NO
4/22/2021 Michael Roy Good YES YES NO
4/22/2021 Michael Roy Good YES YES NO
4/22/2021 Michael Roy Good YES YES NO
4/21/2021 Michael Roy Good YES YES NO
4/21/2021 Michael Roy Good YES YES NO
4/21/2021 Michael Roy Good YES YES NO
4/21/2021 Michael Roy Good YES YES NO
4/21/2021 Michael Roy Good YES YES NO
4/21/2021 Michael Roy Good YES YES NO
4/21/2021 Michael Roy Good YES YES NO
4/21/2021 Michael Roy Good YES YES NO
4/21/2021 Michael Roy Good YES YES NO
4/19/2021 Michael Roy Good YES YES NO
4/19/2021 Michael Roy Good YES YES NO
4/19/2021 Michael Roy Good YES YES NO
4/19/2021 Michael Roy Good YES YES NO
4/20/2021 Michael Roy Good YES YES NO
4/20/2021 Michael Roy Good YES YES NO
4/20/2021 Michael Roy Good YES YES NO
4/20/2021 Michael Roy Good YES YES NO
4/20/2021 Michael Roy Good YES YES NO
4/20/2021 Michael Roy Good YES YES NO
4/20/2021 Michael Roy Good YES YES NO
4/20/2021 Michael Roy Good YES YES NO
4/20/2021 Michael Roy Good YES YES NO
4/20/2021 Michael Roy Good YES YES NO
NLS Sports Lighting Inspection Log
Pole # 13 Fixture #14
Pole # 13 Fixture #6
Pole # 13 Fixture #7
Pole # 13 Fixture #8
Pole # 13 Fixture #9
Pole # 13 Fixture #12
Pole # 13 Fixture #10
Pole # 13 Fixture #11
166
Pole # 11 Fixture #5
Pole # 11 Fixture #6
Pole # 11 Fixture #7
Pole # 13 Fixture #13
Pole # 11 Fixture #8
Pole # 11 Fixture #9
Pole # 13 Fixture #1
Pole # 13 Fixture #2
Pole # 13 Fixture #3
Pole # 13 Fixture #4
Pole # 13 Fixture #5
Pole # 12 Fixture #7
Pole # 12 Fixture #8
Pole # 11 Fixture #1
Pole # 11 Fixture #2
Pole # 11 Fixture #3
Pole # 11 Fixture #4
Pole # 12 Fixture #1
Pole # 12 Fixture #2
Pole # 12 Fixture #3
Pole # 12 Fixture #4
Pole # 12 Fixture #5
Pole # 12 Fixture #6
Pole # 8 Fixture #4
Pole # 8 Fixture #5
Pole # 8 Fixture #6
Pole # 8 Fixture #7
Pole # 8 Fixture #8
Pole # 8 Fixture #9
Pole # 7 Fixture #8
Pole # 7 Fixture #9
Pole # 7 Fixture #10
Pole # 8 Fixture #1
Pole # 8 Fixture #2
Pole # 8 Fixture #3
Pole # 7 Fixture #2
Pole # 7 Fixture #3
Pole # 7 Fixture #4
Pole # 7 Fixture #5
Pole # 7 Fixture #6
Pole # 7 Fixture #7
Fixture and Pole
Number
Pole # 7 Fixture #1
Park Name: Ralph Lewis
Park Address: 6198 Citrus Ave, Fontana, CA 92336
Start Date:
Total Fixture Quantity:
3/15/2021
130
Date Inspected By Condition Before Repair
(Good/Bad/Other) Bracket Added? Saftey Cable Added? Fixture Replaced? Notes 7/28/2021 Michael Roy Good Yes Yes No
7/28/2021 Michael Roy Good Yes Yes No
7/28/2021 Michael Roy Good Yes Yes No
7/28/2021 Michael Roy Good Yes Yes No
Start Date:
Total Fixture Quantity:
7/14/2021
4 Pole #1 Fixture #2
Pole #2 Fixture #1
Pole #2 Fixture #2
Fixture and Pole Number
Pole #1 Fixture #1
Park Name: San Sevaine
Park Address: 5440 Cherry Ave
NLS Sports Lighting Inspection Log
131
Date Field Inspected By Condition Before Repair
(Good/Bad/Other) Bracket Added? Saftey Cable Added? Fixture Replaced? Notes 10/11/2021 Field #1 Michael Roy Good Yes Yes No
10/11/2021 Field #1 Michael Roy Good Yes Yes No
10/11/2021 Field #1 Michael Roy Good Yes Yes No
10/11/2021 Field #1 Pole #1 Fixture #4 Michael Roy Good Yes Yes No 10/11/2021 Field #1 Michael Roy Good Yes Yes No
10/11/2021 Field #1 Michael Roy Good Yes Yes No
10/11/2021 Field #1 Michael Roy Good Yes Yes No Replaced (1) Driver 10/11/2021 Field #1 Michael Roy Good Yes Yes No
10/11/2021 Field #1 Michael Roy Good Yes Yes No
10/11/2021 Field #1 Michael Roy Good Yes Yes No
10/11/2021 Field #1 Michael Roy Good Yes Yes No
10/11/2021 Field #1 Pole #3 Fixture #4 Michael Roy Good Yes Yes No 10/11/2021 Field #1 Michael Roy Good Yes Yes No
10/11/2021 Field #1 Michael Roy Good Yes Yes No
10/11/2021 Field #1 Michael Roy Good Yes Yes No
10/11/2021 Field #1 Michael Roy Good Yes Yes No
10/11/2021 Field #1 Michael Roy Good Yes Yes No
10/12/2021 Field #1 Michael Roy Good Yes Yes No
10/12/2021 Field #1 Michael Roy Good Yes Yes No
10/12/2021 Field #1 Michael Roy Good Yes Yes No
10/12/2021 Field #1 Pole #5 Fixture #4 Michael Roy Good Yes Yes No 10/12/2021 Field #1 Pole #5 Fixture #5 Michael Roy Good Yes Yes No 10/12/2021 Field #1 Michael Roy Good Yes Yes No
10/12/2021 Field #1 Michael Roy Good Yes Yes No
10/12/2021 Field #1 Michael Roy Good Yes Yes No
10/12/2021 Field #1 Michael Roy Good Yes Yes No
10/12/2021 Field #2 Michael Roy Good Yes Yes No
10/12/2021 Field #2 Michael Roy Good Yes Yes No
10/12/2021 Field #2 Michael Roy Good Yes Yes No
10/13/2021 Field #2 Pole #1 Fixture #4 Michael Roy Good Yes Yes No 10/13/2021 Field #2 Michael Roy Good Yes Yes No
10/13/2021 Field #2 Michael Roy Good Yes Yes No
10/13/2021 Field #2 Michael Roy Good Yes Yes No
10/13/2021 Field #2 Michael Roy Good Yes Yes No
10/13/2021 Field #2 Michael Roy Good Yes Yes No
10/13/2021 Field #2 Michael Roy Good Yes Yes No
10/13/2021 Field #2 Michael Roy Good Yes Yes No
10/13/2021 Field #2 Pole #3 Fixture #4 Michael Roy Good Yes Yes No 10/14/2021 Field #2 Michael Roy Good Yes Yes No
10/14/2021 Field #2 Michael Roy Good Yes Yes No
Pole #4 Fixture #1
Pole #2 Fixture #1
Pole #2 Fixture #2
Pole #2 Fixture #3
Pole #4 Fixture #2
Pole #3 Fixture #3
Fixture and Pole Number
Pole #1 Fixture #1
Pole #1 Fixture #2
Pole #1 Fixture #3
Pole #2 Fixture #1
Start Date:
Total Fixture Quantity:
Pole #1 Fixture #3
Pole #2 Fixture #4
Pole #3 Fixture #1
Pole #3 Fixture #2
Pole #6 Fixture #4
Pole #4 Fixture #1
Pole #4 Fixture #2
Park Name: SouthRidge Park
Park Address: 14501 Live Oak Ave
10/11/2021
52 Pole #2 Fixture #2
Pole #2 Fixture #3
Pole #3 Fixture #1
Pole #2 Fixture #4
Pole #3 Fixture #2
Pole #3 Fixture #3
Pole #4 Fixture #4
Pole #4 Fixture #5
Pole #5 Fixture #1
Pole #5 Fixture #2
Pole #4 Fixture #3
Pole #1 Fixture #1
Pole #6 Fixture #2
Pole #6 Fixture #3
Pole #1 Fixture #2
NLS Sports Lighting Inspection Log
Pole #5 Fixture #3
Pole #6 Fixture #1
132
Date Ball Field Inspected By Condition Before Repair
(Good/Bad/Other) Bracket Added? Saftey Cable Added? Fixture Replaced? Notes 8/19/2021 Field #1 Michael Roy Good Yes Yes No
8/19/2021 Field #1 Michael Roy Good Yes Yes No
8/19/2021 Field #1 Michael Roy Good Yes Yes No
8/19/2021 Field #1 Pole #1 Fixture #4 Michael Roy Good Yes Yes No 8/19/2021 Field #1 Pole #1 Fixture #5 Michael Roy Good Yes Yes No 8/19/2021 Field #1 Pole #1 Fixture #6 Michael Roy Good Yes Yes No 8/19/2021 Field #1 Michael Roy Good Yes Yes No
8/19/2021 Field #1 Michael Roy Good Yes Yes No
8/19/2021 Field #1 Michael Roy Good Yes Yes No
8/19/2021 Field #1 Michael Roy Good Yes Yes No
8/19/2021 Field #1 Michael Roy Good Yes Yes No
8/19/2021 Field #1 Michael Roy Good Yes Yes No
8/19/2021 Field #1 Michael Roy Good Yes Yes No
8/19/2021 Field #1 Michael Roy Good Yes Yes No
8/19/2021 Field #1 Michael Roy Good Yes Yes No
8/25/2021 Field #1 Michael Roy Good Yes Yes No
8/25/2021 Field #1 Michael Roy Good Yes Yes No
8/25/2021 Field #1 Michael Roy Good Yes Yes No
8/25/2021 Field #1 Michael Roy Good Yes Yes No
8/25/2021 Field #1 Michael Roy Good Yes Yes No
8/25/2021 Field #1 Michael Roy Good Yes Yes No
8/25/2021 Field #1 Michael Roy Good Yes Yes No
8/25/2021 Field #1 Michael Roy Good Yes Yes No
8/25/2021 Field #1 Michael Roy Good Yes Yes No
8/25/2021 Field #1 Pole #5 Fixture #5 Michael Roy Good Yes Yes No 8/25/2021 Field #1 Michael Roy Good Yes Yes No
8/25/2021 Field #1 Michael Roy Good Yes Yes No
8/25/2021 Field #1 Michael Roy Good Yes Yes No
8/25/2021 Field #1 Michael Roy Good Yes Yes No
8/25/2021 Field #1 Michael Roy Good Yes Yes No
8/25/2021 Field #1 Michael Roy Good Yes Yes No
8/25/2021 Field #1 Michael Roy Good Yes Yes No
8/25/2021 Field #1 Michael Roy Good Yes Yes No
8/25/2021 Field #1 Pole #7 Fixture #5 Michael Roy Good Yes Yes No 8/25/2021 Field #1 Michael Roy Good Yes Yes No
8/25/2021 Field #1 Michael Roy Good Yes Yes No
8/25/2021 Field #1 Michael Roy Good Yes Yes No
8/25/2021 Field #1 Michael Roy Good Yes Yes No
8/23/2021 Field #2 Michael Roy Good Yes Yes No
8/23/2021 Field #2 Michael Roy Good Yes Yes No
8/23/2021 Field #2 Michael Roy Good Yes Yes No
8/23/2021 Field #2 Pole #1 Fixture #4 Michael Roy Good Yes Yes No 8/23/2021 Field #2 Pole #1 Fixture #5 Michael Roy Good Yes Yes No Pole #2 Fixture #6
Fixture and Pole Number
Pole #1 Fixture #1
Pole #4 Fixture #3
Pole #2 Fixture #3
Pole #3 Fixture #1
Pole #2 Fixture #4
Park Name: Veterans Park
Park Address: 17255 Merrill Ave
Pole #4 Fixture #2
Pole #1 Fixture #2
Pole #1 Fixture #3
Pole #2 Fixture #1
Pole #2 Fixture #2
Pole #5 Fixture #4
Pole #6 Fixture #1
Pole #6 Fixture #2
Pole #6 Fixture #3
Pole #6 Fixture #4
Pole #1 Fixture #3
Pole #7 Fixture #2
Pole #7 Fixture #3
Pole #1 Fixture #1
Pole #1 Fixture #2
Start Date:
Total Fixture Quantity:
Pole #5 Fixture #3
Pole #3 Fixture #2
Pole #3 Fixture #3
Pole #3 Fixture #4
Pole #4 Fixture #1
Pole #2 Fixture #5
Pole #8 Fixture #3
Pole #8 Fixture #4
Pole #7 Fixture #1
Pole #4 Fixture #4
Pole #5 Fixture #1
Pole #5 Fixture #2
Pole #7 Fixture #4
Pole #8 Fixture #1
Pole #8 Fixture #2
NLS Sports Lighting Inspection Log
8/19/2021
140
133
8/23/2021 Field #2 Pole #1 Fixture #6 Michael Roy Good Yes Yes No 8/24/2021 Field #2 Michael Roy Good Yes Yes No
8/24/2021 Field #2 Michael Roy Good Yes Yes No
8/24/2021 Field #2 Michael Roy Good Yes Yes No
8/24/2021 Field #2 Pole #2 Fixture #4 Michael Roy Good Yes Yes No 8/24/2021 Field #2 Pole #2 Fixture #5 Michael Roy Good Yes Yes No 8/24/2021 Field #2 Pole #2 Fixture #6 Michael Roy Good Yes Yes No 8/24/2021 Field #2 Pole #3 Fixture #1 Michael Roy Good Yes Yes No 8/24/2021 Field #2 Pole #3 Fixture #2 Michael Roy Good Yes Yes No 8/24/2021 Field #2 Pole #3 Fixture #3 Michael Roy Good Yes Yes No 8/24/2021 Field #2 Pole #3 Fixture #4 Michael Roy Good Yes Yes No Pole #2 Fixture #2
Pole #2 Fixture #3
Pole #2 Fixture #1
134
Date Field Inspected By Condition Before Repair
(Good/Bad/Other) Bracket Added? Saftey Cable Added? Fixture Replaced? Notes 10/8/2021 Field #1 Michael Roy Good Yes Yes No
10/8/2021 Field #1 Michael Roy Good Yes Yes No
10/8/2021 Field #1 Michael Roy Good Yes Yes No
10/8/2021 Field #1 Michael Roy Good Yes Yes No
10/8/2021 Field #1 Michael Roy Good Yes Yes No
10/8/2021 Field #1 Michael Roy Good Yes Yes No
10/8/2021 Field #1 Michael Roy Good Yes Yes No
10/8/2021 Field #1 Michael Roy Good Yes Yes No
10/8/2021 Field #1 Michael Roy Good Yes Yes No
10/8/2021 Field #1 Pole #3 Fixture #4 Michael Roy Good Yes Yes No 10/8/2021 Field #1 Michael Roy Good Yes Yes No
10/8/2021 Field #1 Michael Roy Good Yes Yes No
10/8/2021 Field #1 Michael Roy Good Yes Yes No
10/8/2021 Field #1 Michael Roy Good Yes Yes No
10/8/2021 Field #1 Michael Roy Good Yes Yes No
10/7/2021 Field #1 Michael Roy Good Yes Yes No
10/7/2021 Field #1 Michael Roy Good Yes Yes No
10/7/2021 Field #1 Michael Roy Good Yes Yes No
10/7/2021 Field #1 Pole #5 Fixture #4 Michael Roy Good Yes Yes No 10/7/2021 Field #1 Pole #5 Fixture #5 Michael Roy Good Yes Yes No 10/7/2021 Field #1 Michael Roy Good Yes Yes No
10/7/2021 Field #1 Michael Roy Good Yes Yes No
10/7/2021 Field #1 Michael Roy Good Yes Yes No
10/7/2021 Field #1 Michael Roy Good Yes Yes No
10/7/2021 Field #2 Michael Roy Good Yes Yes No
10/7/2021 Field #2 Michael Roy Good Yes Yes No
10/7/2021 Field #2 Michael Roy Good Yes Yes No
10/7/2021 Field #2 Michael Roy Good Yes Yes No
10/7/2021 Field #2 Michael Roy Good Yes Yes No
10/7/2021 Field #2 Michael Roy Good Yes Yes No
10/11/2021 Field #2 Michael Roy Good Yes Yes No
10/11/2021 Field #2 Michael Roy Good Yes Yes No
10/11/2021 Field #2 Michael Roy Good Yes Yes No
10/11/2021 Field #2 Pole #3 Fixture #4 Michael Roy Good Yes Yes No 10/6/2021 Field #2 Michael Roy Good Yes Yes No
10/6/2021 Field #2 Michael Roy Good Yes Yes No
Pole #5 Fixture #3
Pole #6 Fixture #1
Pole #1 Fixture #2
Pole #3 Fixture #3
Pole #1 Fixture #1
Pole #6 Fixture #2
Pole #6 Fixture #3
Pole #6 Fixture #4
Pole #4 Fixture #5
Pole #4 Fixture #2
Pole #4 Fixture #1
Pole #5 Fixture #1
Pole #5 Fixture #2
Pole #4 Fixture #3
Pole #2 Fixture #3
Pole #3 Fixture #1
Pole #3 Fixture #2
Pole #3 Fixture #3
Pole #4 Fixture #4
Pole #1 Fixture #2
Pole #1 Fixture #3
Park Name: Village Park
Park Address: 15531 Village Dr
10/5/2021
67 NLS Sports Lighting Inspection Log
Pole #4 Fixture #2
Pole #2 Fixture #2
Start Date:
Total Fixture Quantity:
Pole #1 Fixture #3
Pole #3 Fixture #1
Pole #3 Fixture #2
Fixture and Pole Number
Pole #1 Fixture #1
Pole #2 Fixture #1
Pole #4 Fixture #1
Pole #2 Fixture #1
Pole #2 Fixture #2
Pole #2 Fixture #3
135
Fontana Parks
Warranties
136
6XEMHFWWRDOORIWKHOLPLWDWLRQVVHWIRUWKLQ1/6/LJKWLQJ¶V7HUPVDQG&RQGLWLRQVRI 6DOHIRU1/6/LJKWLQJ2XWGRRU/LJKW(PLWWLQJ'LRGH
/('
OXPLQDLUHVRQO\
1/6/LJKWLQJZDUUDQWVWRWKHRULJLQDOSXUFKDVHUWKDWWKH/('OLJKWLQJV\VWHPDQGIXOO IL[WXUHZLOOEHIUHHIURPGHIHFWVLQPDWHULDODQGZRUNPDQVKLSIRUWHQ
\HDUVIURP
WKHGDWHRIVKLSPHQWRIWKHSURGXFWV
,IRIWKHLQGLYLGXDO/('V
OLJKWVRXUFH
VKRXOGIDLOZLWKLQ\HDUVRIVKLSPHQW
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¶V7 HUPVDQG &RQGLWLRQVRI6DOHIRU1/6/LJKWLQJ/LJKWLQJ2XWGRRU/('OXPLQDLUHVRQO\1/6 /LJKWLQJ/LJKWLQJZDUUDQWVWRWKHRULJLQDOSXUFKDVHUILQLVKIRUDSHULRGRI\HDUV IURPGDWHRIVKLSPHQW
Nls lighting, llc OUTDOOR LED PRODUCTS WARRANTY
701 kingshill place, carson, ca 90746
office: 310.341.2037 | FAX: 310.218.0070
NLSLIGHTING.COM
6XEMHFWWRDOORIWKHOLPLWDWLRQVVHWIRUWKLQ1/6/LJKWLQJ¶V7HUPVDQG&RQGLWLRQVRI 6DOH IRU1/6/LJKWLQJ 2XWGRRU/LJKW(PLWWLQJ'LRGH
/('
OXPLQDL UHVRQO\
1/6/LJKWLQJZDUUDQWVWRWKHRULJLQDOSXUFKDVHUWKDWWKH/('OLJKWLQJV\VWHPDQGIXOO IL[WXUHZLOOEHIUHH IURPGHIHFWVLQPDWHULDODQGZRUNPDQVKLSIRUWHQ
\HDUV IURP
WKHGDWHRIVKLSPHQWRIWKHSURGXFWV
,IRIWKHLQGLYLGXDO/('V
OLJKWVRXUFH
VKRXOGIDLOZLWKLQ\HDUVRIVKLSPHQW
1/6/LJKWLQJZLOODWLWVVROHRSWLRQVKLSDUHSDLUHGRUUHSODFHPHQWIL[WXUH IURP1/6 /LJKWLQJ IDFWRU\ 2UDWLWVGLVFUHWLRQUHSDLUWKHIL[WXUHLQWKHILHOG,I ILHOGUHSDLULV GRQHODERUUDWHVPXVWEHDJUHHGXSRQLQZULWLQJEHIRUHVDLGZRUNLVFRPSOHWH 7KHZDUUDQW\GRHVQRWFRYHUIDLOXUHVGXHWRDEQRUPDOVLWHFRQGLWLRQV7KHVH DEQRUPDOFRQGLWLRQVLQFOXGHEXWDUHQRWOLPLWHGWRXQGHURYHUYROWDJHXQGHURYHU FXUUHQWH[FHVVLYHVZLWFKLQJDQGH[FHVVLYHDPELHQWWHPSHUDWXUHV 0RGLILFDWLRQVWR
IL[WXUHVRUSROHVZLWKRXWWKHDSSURYDORI1/6/LJKWLQJZLOOYRLG:DUUDQW\ 6XEMHFWWRDOORIWKHOLPLWDWLRQVVHWIRUWKLQ1/6/LJKWLQJ/LJKWLQJ¶V7 HUPVDQG &RQGLWLRQVRI 6DOH IRU1/6/LJKWLQJ/LJKWLQJ 2XWGRRU/('OXPLQDLU HVRQO\1/6 /LJKWLQJ/LJKWLQJ ZDUUDQWVWRWKHRULJLQDOSXUFKDVHUILQLVK IRUD SHULRGRI \HDUV IURPGDWHRIVKLSPHQW
Nls lighting, llc OUTDOOR LED PRODUCTS WARRANTY
701 kingshill place, carson, ca 90746
office:
310.341.2037
|
F
AX
:
310.218.007
0 NLSLIGHTING
.
CO
M
,IDQ/('IL[WXUHRUFRPSRQHQWIDLOVZLWKLQ\HDUVRIVKLSPHQW1/6/LJKWLQJZLOO VKLSDUHSODFHPHQWIL[WXUHIURP1/6IDFWRU\RUILHOGVHUYLFHWKHIL[WXUH1/6VKDOO DJUHHWRWKHIHHRIDVHFRQGSDUW\FRQWUDFWRUWRUHSDLURUUHSODFHWKHIL[WXUHRUKLUHD UHSXWDEOHORFDOFRQWUDFWRUWRUHSDLUWKHRXWDJH0DWHULDOV/DERUDQG/LIW&KDUJHDUH FRYHUHGXQGHUWKLVZDUUDQW\
7(0(&8/$9$//(<72<27$ CITY OF FONTANA
137
djJ ALLIANCE
FONTANA
< \11101{,t\
WARRANTY
City of Fontana - Lighting Warranty
As a reminder for the warranty of products supplied to our cu tomers (ABS), Two boxes or lamps & ballasts to be given at the end of the project. The manufacture policy, like ours, is to inform the customer to use the boxes for replacements and keep the old ones.
Once a box is full of bad lamps or ballasts. AB should be contacted to replace the items under the warranty. A new box will then be provided to the customer in exchange for the old box. The customer will always have a full box of product if this process is managed on their end.
Note: The two replacement boxes of materials come to the customer as part of the project from AES ..... ** 0 ITEMS WILL BE REPLACED AFTER THE
ORIGI AL TWO BOXES UNLESS THE CU TOMER RETUR S THE
ORIGI AL FAILED LAMPS OR BALLA TS FOR REPLACEME T.**
Thank you.
Chris Fall
President I Alliance Electrical Systems. Inc.
cell 661.510.8299 I fax 858.356.9651
12520 High Bluff Drive, Suite 312
San Diego, CA 92130
Signature
Print Name:���-<-� ==>-�k_\�\�--
TITLE: Qrusicte /) t
DATE:
12520 High Bluff Drive Suite 345 I San Diego, CA 92130 I 858.333.4775 I 858.356.9651 fax www.absenergy.com I Contractor's License# 1008135
3/22/2022
138
139
140
141
142
143
144
145
146
147
148
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1332 Agenda Date: 4/26/2022
Agenda #: G. Category: Consent Calendar
FROM:
Police Department
SUBJECT:
Police Department Monthly Information Update
RECOMMENDATION:
Accept the Police Department monthly information update for March 2022.
COUNCIL GOALS:
· To operate in a businesslike manner by becoming more service oriented. · To concentrate on inter-governmental relations by establishing partnerships and positive working relationships with other public agencies providing services to residents. · To increase citizen involvement by informing the public about issues, program and accomplishments.
DISCUSSION:
The March 2022 monthly information report has been completed. Once the report is accepted by the City Council it will be featured on the Department website.
FISCAL IMPACT:
There is no fiscal impact.
MOTION:
Approve staff recommendation.
City of Fontana Printed on 4/21/2022Page 1 of 1
powered by Legistar™
149
2022 CRIME STATISTICS ARE IN NIBRS
FORMAT
• As reported to the community in October of 2021, the Fontana Police Department transitioned from Uniform Crime Reporting (UCR) format to the Department of Justice mandated National Incident Based Reporting System (NIBRS).
• There were significant reporting requirement changes, in terms of types of crimes and categories reported.
• As a result, year-to-year comparison reporting is not available due to the new format and crimes reported.
• As an example, Robbery was reported as a Crime Against Person in UCR format but transitioned to a Property Crime under NIBRS. • It is important to note nothing has changed in the manner your Fontana Police Department investigates crimes.
150
POLICE DEPARTMENT
MONTHLY REPORT
March 2022
151
NOTEWORTHY EVENTS
• COPE organized two Playdates with the Police
• Social media posts about the dangers of speeding and street racing • Area 1 Community Meeting was conducted on March 10th
• Traffic Unit conducted a DUI checkpoint on March 5th
• Graveyard officers identified a suspect responsible for stealing beer from a cargo train • Living Way Christian School provided lunch for officers on March 8th • Personnel and Training Unit hosted a practice physical agility test for perspective police officer applicants on March 12th • Street Racing Suppression Detail wrote 21 citations and impounded 1 vehicle on March 4th • FPD Explorer Post hosted a Bowling Tournament Fund Raiser on March 25th • Traffic Unit conducted a Commercial Vehicle Checkpoint on March 16th • Captain Dorsey graduated from the FBI National Academy • ASO’s hosted a drive through animal vaccination clinic on the 20th • A Street Racing detail was also conducted on March 18th which resulted in 29 citations issued and 3 impounded vehicles • Sergeant Janusz graduated from the Sherman Block Supervisory Leadership Institute 152
153
CITYWIDE
• Priority 1 response time- 4:55 (Emergency calls like subject not breathing, shots fired, and other immediate risk to life/safety)
• Calls for service- 9,583
• Total Traffic Accidents- 256
• Non-Injury- 195, Injury - 61
• Total arrests- 723
• Hispanic- 474, White- 122, Black- 112, All others races- 15 • Total Group A Offenses- 804
• Crimes Against Persons- 163
• Crimes Against Property- 376
• Crimes Against Society- 265
154
CITYWIDE
• Crimes Against Person- 163
• Homicide- 1
• Sex Offenses- 10
• Assault- 152
• Kidnapping- 0
• Crimes Against Property- 376
• Robbery- 16
• Burglary- 36
• Larceny- 134
• Destruction of Property- 30
• Fraud- 59
• Possession of Stolen Property- 38
• Other Miscellaneous Property Crimes- 63
• Crimes Against Society- 265
• Drug and Paraphernalia Possession- 216
• Possession of Child Pornography- 9
• Possession of Weapons- 40
155
CRIMES BY BEAT
• Police Department Beat system is NOT
geographically the same as City Council
representation Districts
• Beat 1- All area north of 210 Freeway
• Beat 2- All area south of 210 Freeway and
north of Foothill
• Beat 3- All area south of Foothill and north
of 10 Freeway
• Beat 4- All area south of the 10 Freeway
Area 1
Area 2
Area 3
Area 4
156
BEAT 1
AREA COMMANDER IS LIEUTENANT CARLO GRANILLO
EMAIL- [email protected]
DESK- (909) 350-7716
• Total Group A Offenses- 70
• Crimes Against Persons- 18
• Crimes Against Property- 39
• Crimes Against Society- 13
157
BEAT 2
AREA COMMANDER IS LIEUTENANT ADAM CLABAUGH
EMAIL- [email protected]
DESK- (909) 854-8004
• Total Group A Offenses- 168
• Crimes Against Persons- 31
• Crimes Against Property- 82
• Crimes Against Society- 55
158
BEAT 3
AREA COMMANDER IS LIEUTENANT RAUL FILETO
EMAIL – [email protected]
DESK – (909) 854-8161
• Total Group A Offenses- 386
• Crimes Against Persons- 85
• Crimes Against Property- 169
• Crimes Against Society- 132
159
Beat 4
AREA COMMANDER IS LIEUTENANT DOUG IMHOF
EMAIL – [email protected]
DESK – (909) 350-7707
• Total Group A Offenses- 131
• Crimes Against Persons- 27
• Crimes Against Property- 82
• Crimes Against Society- 22
160
ADDITIONAL USEFUL INFORMATION
• For more information regarding specific geographical crime data, visit www.crimemapping.com and enter your zip code
• Police Department information line- (909) 350-7740
• Police Department Dispatch non-emergency line- (909) 350-7700 • Anonymous crime reporting (909) 356-TIPS to leave a recorded message
• Report Graffiti on City Property- (909) 350-GONE
• Office of the Chief- (909) 350-7702 or [email protected] 161
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1294 Agenda Date: 4/26/2022
Agenda #: H. Category: Consent Calendar
FROM:
Information Technology
SUBJECT:
311 Implementation Partner
RECOMMENDATION:
Approve and authorize the City Manager to execute a contract with StackNexus (California Multiple Award Schedule CMAS Number 3-21-09-1034) in the amount of $800,000 and a 10% contingency of $80,000.
COUNCIL GOALS:
· To operate in a businesslike manner by becoming more service oriented. · To promote economic development by pursuing business retention, expansion and attraction. · To promote economic development by striving to constantly improve the city's competitiveness.
DISCUSSION:
Earlier this year the City Council approved the purchase of Salesforce software which will be used as our 311 Customer Relationship Management system.
The 311 CRM will assist residents, visitors and businesses locate services, information, file forms/complaints, or report problems like graffiti or road damage. This new system will vastly improve our customer’s, visitors, and businesses online experience when interacting with our city.
Salesforce is an American cloud-based software company headquartered in San Francisco, California. The platform, purchased in early 2022, provides customer relationship management (CRM) service and provides enterprise applications focused on customer service, marketing automation, analytics, and application development.
The city is currently operating a legacy app called “AccessFontana”.The Access Fontana app does not offer the full functionality desired to assist businesses and residents to identify and request city services. The app will be discontinued once the implementation of the Salesforce platform is complete.
The City solicited proposals from Salesforce vendors from CMAS and selected experienced companies. Six companies were interviewed and give equal opportunity to bid on the implementation contract. StackNexus provided the best overall solution to the city; and staff felt they were the most experienced with implementing Salesforce software and would offer the best value.
City of Fontana Printed on 4/21/2022Page 1 of 2
powered by Legistar™
162
File #: 21-1294 Agenda Date: 4/26/2022
Agenda #: H. Category: Consent Calendar
After extensive analysis the city is recommending awarding a contract to StackNexus as its Salesforce implementation partner.
Under the Fontana City Code Article V - Purchasing (Section 10-152) authorizes bidding to be exempt from bid procedures conducted by another public agency. Staff is recommending that the City Council authorize this contract between StackNexus and the City for implementing the Salesforce platform.
FISCAL IMPACT:
StackNexus implementation services will be $800,000 paid from the 311 System Project #26101023 in the City Technology Fund #102. Staff is requesting a 10% contingency for this project. Funds for the project are budgeted in FY 2021-2022.
MOTION:
Approve staff recommendation
City of Fontana Printed on 4/21/2022Page 2 of 2
powered by Legistar™
163
Salesforce Implementation
Ranking
FIRM RANKING
StackNexus, Inc. 1
Sacramento, CA
Catalyst Consulting Group, Inc. 2
Chicago, IL
Cloud Creations, Inc. 3
Pasadena, CA
Incapsulate LLC 4
Boston, MA
164
/i255
/1/2/3/4/5/2/6/7/6/8/9/i255/10/11/12/11/13/11/3/8/i255
/14/15/14/i255/16/17/11/2/18/i255/19/9/2/6/6/9/20/i255/21/8/18/i255/22/23/3/3/2/20/i255/24/19/i255/25/21/26/21/15/21/i255 /27/6/13/9/i255/19/28/4/2/28/7/6/8/9/3/20/i255/29/30/i255/31/32/33/15/32/26/21/34/35/35/i255 /19/9/28/9/6/i255/3/36/i255/29/28/23/11/36/3/2/8/11/28/i255 /24/37/38/16/39/1/38/40/i255/30/27/30/41/10/i255/19/29/42/40/10/37/38/40/i255 /43/44/45/46/47/48/49/50/51/52/i255/54/55/46/56/i255
/57/45/44/49/58/59/60/61/49/52/i255/i255 /54/55/62/59/60/63/45/44/61/59/55/i255/i255 /29/24/30/19/i255/64/37/24/65/40/41/66/i255/67 /68/69/70/68/71/72/68/70/71/67/73/i255 /29/24/30/19/i255/16/40/41/24/i255/10/30/16/40/19/66/i255/15 /31/74/75/15/74/21/15/21/35/i255/9/17/2/3/5/76/17/i255/15/14/74/35/35/74/21/15/21/21/i255 /29/24/30/19/i255/29/30/16/40/77/78/41/79/66/i255/39 /8/36/3/2/7/28/9/11/3/8/i255/16/6/4/17/8/3/23/3/76/80/i255/77/3/3/18/13/i255/81/i255/19/6/2/12/11/4/6/13/i255 /30/1/1/38/39/29/30/65/38/40/i255
/16/40/41/24/19/i255/81/i255/29/78/64/10/39/16/39/78/64/19/66/i255 /82/5/8/6/i255/14/20/i255/21/15/35/31/i255
/83/84/84/84/85/18/76/13/85/4/28/85/76/3/12/74/26/74/7/6/18/11/28/74/10/11/12/11/13/11/3/8/13/74/1/10/74/30/4/86/5/11/13/11/9/11/3/8/13/74/i255 /29/24/30/19/74/39/16/26/29/24/30/19/26/16/6/2/7/13/26/28/8/18/26/29/3/8/18/11/9/11/3/8/13/85/28/13/17/87/88/23/28/89/6/8/81/i255 /17/28/13/17/89/65/90/35/75/90/21/15/34/15/10/40/32/35/35/35/21/35/40/29/29/21/32/75/30/15/90/10/33/21/30/29/31/15/29/40/10 /33/35/21/75/91/i255
/24/30/92/39/24/37/24/i255/78/41/10/40/41/i255/38/39/24/39/16/66/i255 /19/9/28/9/6/i255/30/76/6/8/4/11/6/13/66/i255/43/49/49/i255/93/51/60/46/94/45/52/61/55/58/i255/95/51/44/94/59/60/61/44/96/i255 /97/59/98/98/45/60/i255/99/94/60/49/52/94/59/98/100/i255/101/60/59/102/61/52/61/59/55/i255 /38/3/4/28/23/i255/77/3/12/6/2/8/7/6/8/9/i255/30/76/6/8/4/11/6/13/66/i255/103/55/98/61/63/61/44/49/100/i255 /22/78/41/i255/37/19/40/i255/65/79/66/i255/19 /9/28/9/6/i255/81/i255/38/3/4/28/23/i255/77/3/12/6/2/8/7/6/8/9/i255/30/76/6/8/4/11/6/13/i255 /65/30/19/40/i255/19/29/42/40/10/37/38/40/i255/25/66/i255 /77/19/26/75/32/22/26/32/90/15/77/30/i255 /65/30/19/40/i255/19/29/42/40/10/37/38/40/i255/42/78/38/10/40/41/66/i255/30/4/4/6/8/9/5/2/6/i255/22/6/18/6/2/28/23/i255/19/6/2/12/11/4/6/13/i255/38/38/29/i255 /16/17/11/13/i255/29/24/30/19/i255/104/2/3/12/11/18/6/13/i255/36/3/2/i255/9/17/6/i255/104/5/2/4/17/28/13/6/i255/28/8/18/i255/84/28/2/2/28/8/9/80/i255/3/36/i255/39/8/36/3/2/7/28/9/11/3/8/i255/16/6/4/17/8/3/23/3/76/80/i255 /83/39/16/91/i255/4/3/8/13/5/23/9/11/8/76/i255/13/6/2/12/11/4/6/13/85/i255/83/19/6/6/i255/104/28/76/6/i255/21/i255/36/3/2/i255/9/17/6/i255/23/28/105/3/2/i255/4/28/9/6/76/3/2/11/6/13/i255/28/8/18/i255/2/6/13/9/2/11/4/9/11/3/8/13/i255 /28/104/104/23/11/4/28/105/23/6/i255/9/3/i255/9/17/11/13/i255/29/24/30/19/85/91/i255 /16/17/6/i255/7/3/13/9/i255/4/5/2/2/6/8/9/i255/78/2/18/6/2/11/8/76/i255/39/8/13/9/2/5/4/9/11/3/8/13/i255/28/8/18/i255/19/104/6/4/11/28/23/i255/1/2/3/12/11/13/11/3/8/13/20/i255/29/24/30/19/i255/16/6/2/7/13/i255/28/8/18/i255/29/3/8/18/11/9/11/3/8/13/20/i255/28/8/18/i255 /104/2/3/18/5/4/9/13/i255/28/8/18/74/3/2/i255/13/6/2/12/11/4/6/13/i255/28/2/6/i255/11/8/4/23/5/18/6/18/i255/17/6/2/6/11/8/85/i255/30/23/23/i255/104/5/2/4/17/28/13/6/i255/3/2/18/6/2/13/i255/11/13/13/5/6/18/i255/105/80/i255/19/9/28/9/6/i255/28/76/6/8/4/11/6/13/i255/13/17/28/23/23/i255 /11/8/4/3/2/104/3/2/28/9/6/i255/9/17/6/13/6/i255/78/2/18/6/2/11/8/76/i255/39/8/13/9/2/5/4/9/11/3/8/13/i255/28/8/18/i255/19/104/6/4/11/28/23/i255/1/2/3/12/11/13/11/3/8/13/i255/28/8/18/i255/29/24/30/19/i255/16/6/2/7/13/i255/28/8/18/i255/29/3/8/18/11/9/11/3/8/13/85/i255 /30/76/6/8/4/80/i255/8/3/8/26/4/3/7/104/23/11/28/8/4/6/i255/84/11/9/17/i255/9/17/6/i255/2/6/86/5/11/2/6/7/6/8/9/13/i255/7/28/80/i255/2/6/13/5/23/9/i255/11/8/i255/9/17/6/i255/23/3/13/13/i255/3/36/i255/18/6/23/6/76/28/9/6/18/i255/28/5/9/17/3/2/11/9/80/i255/9/3/i255/5/13/6/i255 /9/17/6/i255/29/24/30/19/i255/104/2/3/76/2/28/7/85/i255 /29/24/30/19/i255/4/3/8/9/2/28/4/9/3/2/i255/8/3/8/26/4/3/7/104/23/11/28/8/4/6/i255/84/11/9/17/i255/9/17/6/i255/2/6/86/5/11/2/6/7/6/8/9/13/i255/7/28/80/i255/2/6/13/5/23/9/i255/11/8/i255/9/6/2/7/11/8/28/9/11/3/8/85/i255 /40/36/36/6/4/9/11/12/6/i255/10/28/9/6/66/i255/72/106/67/71/106/69/71/69/70/i255 /107/108/109/110/109/111/112/113/i255/115/109/110/111/112/116/117/108/118/i255/119/111/i255/120/109/113/118/i255 /121/122/123/48/i255/97/54/57/124/54/48/43/122/48/125/i255/93/60/59/58/60/45/63/i255/95/55/45/98/96/52/44/125/i255/57/45/98/61/62/59/60/55/61/45/i255/126/51/98/44/61/101/98/49/i255/95/127/45/60/100/i255/43/46/94/49/100/51/98/49/52/i255/103/55/61/44/i255 165
© 2022 StackNexus, Inc.
.
Salesforce 311 Solution Implementation Statement of Work
Submitted by,
StackNexus, Inc.
251State St, Suite 302
Schenectady, NY 12305
Suman Akula, CEO
Email: [email protected]
Phone: (518) 265-3060
Submitted To,
City of Fontana
8353, Sierra Avenue
Fontana CA 92335
Jesse Villamor, IT Consultant
Email: [email protected]
City of Fontana
Date: March 28, 2022
Statement of Work
166
City of Fontana | Salesforce 311 Implementation
SN-Fontana-2022 | Statement of Work
© 2022 StackNexus, Inc. | March 28, 2022 2
TABLE OF CONTENTS
Table of Contents ................................ ................................ ................................ ...................... 2 Document Control ................................ ................................ ................................ ..................... 3 Revision History .................................................................................................................................. 3 Sign-off List ......................................................................................................................................... 3 Sign-off Notes ..................................................................................................................................... 3 Acronyms and Abbreviations ................................ ................................ ................................ .. 4
1. Project Overview and Scope ................................ ................................ ........................... 5
1.1 Introduction/Background ............................................................................................................ 5
1.2 Objectives .................................................................................................................................. 5
1.3 Project Scope ............................................................................................................................. 6
1.4 Period of Performance ............................................................... Error! Bookmark not defined.
1.5 Place of Performance ................................................................................................................ 6
2. Services Methodology and Approach ................................ ................................ ............. 7
3. Key Activities and Deliverables ................................ ................................ ....................... 8
3.1 Phase 1 ...................................................................................... Error! Bookmark not defined.
3.2 Phase 2 .................................................................................................................................... 12
3.3 Deliverable Acceptance ........................................................................................................... 14
4. Project Schedule & Timeline. ................................ ................................ ........................ 15
5. Expectations from the City ................................ ................................ ............................ 16
6. Proposed Team Composition ................................ ................................ ........................ 17
7. Project Costs ................................ ................................ ................................ .................. 18
7.1 Engagement Type.................................................................................................................... 18
7.2 Invoicing and Payment ............................................................................................................ 18
8. Assumptions/Considerations ................................ ................................ ........................ 20
9. Signatures ................................ ................................ ................................ ....................... 21 Appendix 1 Approach and Methodology................................ ................................ ..... 22
1. Project Management Methodology ............................................................................................... 22
2. Our Implementation Approach ...................................................................................................... 29
3. Change Management ................................................................................................................... 37
167
City of Fontana | Salesforce 311 Implementation
SN-Fontana-2022 | Statement of Work
© 2022 StackNexus, Inc. | March 28, 2022 3
DOCUMENT CONTROL
REVISION HISTORY
Revision Date Version Updated by Summary of Changes
03/25/2022 1.0 Dan Williamson Created SOW
03/27/2022 2.0 Nik Samajdwar Modified timeline, assumptions, and considerations
03/29/2022 3.0 Nik Samajdwar Updated invoicing information to align with milestones instead of
months.
SIGN-OFF LIST
Name Department & Role Signature Date
SIGN-OFF NOTES
Name Note
168
City of Fontana | Salesforce 311 Implementation
SN-Fontana-2022 | Statement of Work
© 2022 StackNexus, Inc. | March 28, 2022 4
ACRONYMS AND ABBREVIATION
Term Definitions
CRM Customer Relationship Management
GIS Geographical Information System
MVP Minimum Viable Product
RAD Rapid Application Development
RFP Request for Proposal
SMS Short Message Service
SOW Statement of Work
WOA Work Order Authorization
[REMAINDER OF THE PAGE HAS BEEN INTENTIONALLY LEFT BLANK]
169
City of Fontana | Salesforce 311 Implementation
SN-Fontana-2022 | Statement of Work
© 2022 StackNexus, Inc. | March 28, 2022 5
1. PROJECT OVERVIEW AND SCOPE
Under this Agreement, StackNexus Inc (hereinafter “CONTRACTOR”) shall provide Salesforce 311 implementation services for the City of Fontana (hereinafter “the City”). CONTRACTOR shall be responsible for providing 311 implementation services for the scope as identified by the City in its RFP named “City of Fontana – 311 Customer Service Portal”.
1.1 INTRODUCTION/BACKGROUND
The City of Fontana wishes to implement Salesforce as their 311 system to improve communication and streamline services to the Citizens and Businesses by bringing all customer interactions to one central location. Currently, the city does not have a 311 system, Customers are being transferred multiple times before they are helped. The city has a mobile app that is not up to modern technology and has limited features. Some processes are done via Civic Plus forms, others are paper processes or different applications.
1.2 OBJECTIVES
Following are the objectives that City would like to achieve:
A solution that will assist citizens with an easy-to-use web and mobile interface. Guiding citizens to enter the right data at the right time to accelerate the attainment of requests.
Informing citizens on the status of any previous inquiry or request status in a central location to improve citizen understanding of the status of a request. A solution that will seamlessly connect with surrounding systems via API for data synchronization and cross-platform communication.
Chatbot – Open service requests, give status updates, and make the customer experience easy.
A solution that will ensure city employees process requests consistently and efficiently.
Ensuring that important data is entered, and not skipped. Ensuring that work can be automated.
A solution that will provide dynamic reporting insights to internal operations.
170
City of Fontana | Salesforce 311 Implementation
SN-Fontana-2022 | Statement of Work
© 2022 StackNexus, Inc. | March 28, 2022 6
1.3 PROJECT SCOPE
The contractor will implement the Salesforce 311 solution to cover the following scope items.
This project will be executed in two phases.
Phase 1: 33 Weeks
Project Start Date: 05/02/2022
Project End Date: 12/19/2022
Phase 2: 22 Weeks
Project Start Date: Will be identified after completion of Phase 1. Project End Date: Will be identified after completion of Phase 1.
1.4 PLACE OF PERFORMANCE
Work will be performed at the following locations.
Exhibit 1: Work Location
The city of Fontana (As
required)
Fontana, CA.
Remote Location
(Contractor US Location)
251 State Street, Suite 302 Schenectady, NY,
12305
939 Route 146, Suite 800, Clifton Park. NY 12064
Remote Location
(Contractor India
Location)
Technical Block, Madhava Reddy Colony,
Gachibowli, Hyderabad, Telangana 500032
[THIS PART OF THE PAGE HAS BEEN INTENTIONALLY LEFT BLANK]
171
City of Fontana | Salesforce 311 Implementation
SN-Fontana-2022 | Statement of Work
© 2022 StackNexus, Inc. | March 28, 2022 7
2. SERVICES METHODOLOGY AND APPROACH
We incorporate best practices from Agile SCRUM and Rapid Application Development (RAD) methodologies. The Development Framework, based upon the processes of Product Backlog Elaboration and Build phases, is aligned to our iterative approach for defining requirements and planning Sprints.
Sprint Lifecycle
We have identified 10 Sprints to complete the Phase 1 MVP Project. The 12-Sprint Plan includes a Sprint 0, 8 Development Sprints, a UAT / Training Sprint, and finally the official Go-Live. The completion of a Sprint cycle typically takes 3 – 4 weeks.
Once a sprint commences the requirements that need to be completed in the sprint are documented in the Work Order Authorization (WOA).
Sprint Lifecycle includes
Work Order Authorization approval was received from the Agency Product Owner and Federal Project Director to define the scope for that Sprint. Joint Application Validation Sessions are conducted to validate requirements and develop user stories for Sprint.
Configuration, Unit / System Testing, and Defects resolution is completed. State Functional Testing of User Stories.
The Sprint Package deliverable is submitted and upon approval from the The agency that all activities in the WOA are accepted, the Sprint is completed.
Please refer to Appendix 1 – Approach and Methodology for our detailed approach and implementation methodology.
[THIS PART OF THE PAGE HAS BEEN INTENTIONALLY LEFT BLANK]
172
City of Fontana | Salesforce 311 Implementation
SN-Fontana-2022 | Statement of Work
© 2022 StackNexus, Inc. | March 28, 2022 8
3. KEY ACTIVITIES AND DELIVERABLES
This project will be divided into two main phases.
3.1 KEY ACTIVITIES AND DELIVERABLES BY PHASE
Phase Key Activities Deliverables
Planning and
Requirements
Confirmation
Process & Requirements Analysis
Integration Requirements
Analysis
A project plan including
schedule and governance
arrangements
Business Requirements
document
Functional Specifications
Requirements Traceability
Matrix
Initial risk and issue register
Release Management Plan
Development Process
Overall
Solution
Design
High-level solution overview
Application design
Integration functional design
Reports Design
Data model
Application Design
Specifications
Interface Design
Specifications
Report Design Specifications
Data Conversion and
Migration Plan
Updated Risk/Issues
Register
Stakeholders/Change
Management Plan
Build
Configure &
Test
Sprint 1
Requirements Analysis Session
Chatbot
Request Submittal via Web and
Mobile
Requests via social media
Call Center within Salesforce and
Mitel System (The main number
with a phone tree to direct to
different city Services)
File Uploads
Mobile
Apple & Android -App and Web
PC compatible – Web
Search Feature
Showcase Demos
Testing Reports
City’s Acceptance
173
City of Fontana | Salesforce 311 Implementation
SN-Fontana-2022 | Statement of Work
© 2022 StackNexus, Inc. | March 28, 2022 9
Back Office Operations
Request Review/update
PC compatible -Web
City Services Directory
Find Answer Directory.
Sprint 2
Requirements Analysis Session
Notification, email subscriptions,
SMS subscriptions
City Hall News & social media
Emergency Notifications for
employees
Jobs Fairs
Apply for employment - Sync
with Employment system
(NEOGOV)
EDD - Go to the State of CA
Kaiser Permanente Jobs - Go to
KP Site
Notifications and any Feature
Salesforce can offer. Templates
for different events (Fire, Virus,
Earthquake, ETC.)
Sprint 3
Requirements Analysis Session
Accounts Payable
Vendor Self Service Portal - Tyler
Purchasing
Planet Bids
Business License
All BL needs -
Apply/Renewal/check for BL –
HDL
Sprint 4
Requirements Analysis Session
Licensing - Tyler
Lost & Found - Direct to an
outside agency
Reporting non-emergency -
Currently an online form
Animal Municipal Code
174
City of Fontana | Salesforce 311 Implementation
SN-Fontana-2022 | Statement of Work
© 2022 StackNexus, Inc. | March 28, 2022 10
Sprint 5
Requirements Analysis Session
Parking - Public Property
File a Police Report – Cop Logic
Abandoned Vehicles - Public
Property -Update tickets
Report Street Racing - Currently
a form online
Homelessness
RV parking
CODE Red - Import users on the
monthly and direct link
ER Contact
Live scan
Background check form to
records - paid service
Sprint 6
Requirements Analysis Session
Zoning
Voting Districts
Street sweeping
Trash Pick up
Pinpoint
Sprint 7
Requirements Analysis Session
Sidewalk & road repairs- Lucity
Trees - Lucity
Parks - Lucity
Landscape/ Weed abatement
Public Property / Sprinklers -
Lucity
Graffiti Removal - Public Areas -
Lucity
Abandoned Shopping Carts -
Lucity
Illegal Dumping - Lucity
Streetlights - Direct to Edison
Park Lights - Lucity
175
City of Fontana | Salesforce 311 Implementation
SN-Fontana-2022 | Statement of Work
© 2022 StackNexus, Inc. | March 28, 2022 11
City Signs Damage -
Maintenance of existing signs-
Lucity
Report City Street Issue
Drainage, high water issues. -
Lucity.
Sprint 8
Requirements Analysis Session
Install New Sign
Traffic Sign issue
Traffic signals
Crosswalks
Promote Fontana
Grants Available
Business Services
Explore – Restaurants -shops
UAT &
Deployment
City Testing of the System
Feedback Incorporation
Document Transition to Support
and detailed design.
Establish a deployment activity
sheet and tasks dependencies
Load Testing
Trial execution of deployment
into the training environment.
Ensure the City executes
stakeholders’ system deployment
communications and outages.
Deploy into production.
Production verification test
Go live and end-users trained
Integration is operational in the
production environment
Test Scenarios/Use Cases
Test Scripts for functional
and Integration Tests
Defect Rectification and
Tracking
Load Testing Report
UAT Sign off Report
Training Plan
The solution is operational in
the production environment
Training Execution
Transition to Support Plan
Updated Risk/Issue Register
City’s Approval
Transition to
Support
Review Project Performance
Gain Formal Acceptance
Handover Outstanding Risks and
Issues to Sponsor
Prepare Project Closure Report
Obtain Customer Survey Results
Warranty/Production
Stabilization
Handover to Support
Updated Risk/Issue Register
Project Closure Report
Project Completion
Acceptance
176
City of Fontana | Salesforce 311 Implementation
SN-Fontana-2022 | Statement of Work
© 2022 StackNexus, Inc. | March 28, 2022 12
3.2 PHASE
Phase Key Activities Deliverables
Planning and
Requirements
Confirmation
Process & Requirements Analysis
Integration Requirements
Analysis
A project plan including
schedule and governance
arrangements
Business Requirements
document
Functional Specifications
Requirements Traceability
Matrix
Initial risk and issue register
Release Management Plan
Development Process
Overall
Solution
Design
High-level solution overview
Application design
Integration functional design
Reports Design
Data model
Application Design
Specifications
Interface Design
Specifications
Report Design Specifications
Data Conversion and
Migration Plan
Updated Risk/Issues
Register
Stakeholders/Change
Management Plan
Build
Configure &
Test
Sprint 1
Requirements Analysis Session
Registration - Sign up for Classes
- Perfect Mind
Shelter Rental - Perfect Mind
Facility Rentals - Perfect Mind
Field Rentals - Perfect Mind
Event Vendor Opportunities -
Nothing in place right now
Sprint 2
Requirements Analysis Session
Sports Management - Team
Sideline
Registration for Afterschool
Program - Seamless Doc Form
because of signature but pay via
Perfect mind
Online forms
Showcase Demos
Product Backlog
Sprint Backlog
Product Increment
The Definitions of Done
177
City of Fontana | Salesforce 311 Implementation
SN-Fontana-2022 | Statement of Work
© 2022 StackNexus, Inc. | March 28, 2022 13
Community Events - Healthy
Fontana, Concerts, Car Shows,
and other Specials Events. -
NEWS Flash - PUSH TO PUBLIC
Public Records Request
Agendas and Meetings - Granicus
Sprint 3
Requirements Analysis Session
Graffiti removal - Private
Property
Abandoned Vehicles - Private
property code
Weed abatement - Private
property
Report a Code Violation (full list
with over 15 different complaints
- Currently an online form
Sprint 4
Requirements Analysis Session
Pay City Utility Bills – Tyler
(CSS)
CSS - Animal Lic, Utility - sewer,
General Billing.
Search projects, Land Use &
Permits
UAT &
Deployment
City Testing of the System
Feedback Incorporation
Document Transition to Support
and detailed design.
Establish a deployment activity
sheet and tasks dependencies
Load Testing
Trial execution of deployment
into the training environment.
Ensure the City executes
stakeholders’ system deployment
communications and outages.
Deploy into production.
Production verification test
Go live and end-users trained
Integration is operational in the
production environment
Test Scenarios/Use Cases
Test Scripts for functional
and Integration Tests
Defect Rectification and
Tracking
Load Testing Report
UAT Sign off Report
Training Plan
The solution is operational in
the production environment
Training Execution
Transition to Support Plan
Updated Risk/Issue Register
City’s Approval
178
City of Fontana | Salesforce 311 Implementation
SN-Fontana-2022 | Statement of Work
© 2022 StackNexus, Inc. | March 28, 2022 14
3.3 DELIVERABLE ACCEPTANCE
All deliverables will be submitted to the City for review before final approval, acceptance, and payment. All written deliverables will be reviewed with the City Project Manager.
The City will have ten (10) working days to complete its review of the deliverables.
The city can accept or reject the deliverables in writing. In the event of the rejection of any deliverable, the Contractor shall be notified in writing giving the specific reason(s) for rejection. The Contractor shall have five (5) working days to correct the rejected deliverable and return it to the City.
[THIS PART OF THE PAGE HAS BEEN INTENTIONALLY LEFT BLANK]
Transition to
Support
Review Project Performance
Gain Formal Acceptance
Handover Outstanding Risks and
Issues to Sponsor
Prepare Project Closure Report
Obtain Customer Survey Results
Warranty/Production
Stabilization
Handover to Support
Updated Risk/Issue Register
Project Closure Report
Project Completion
Acceptance
179
City of Fontana | Salesforce 311 Implementation
SN-Fontana-2022 | Statement of Work
© 2022 StackNexus, Inc. | March 28, 2022 15
4. PROJECT SCHEDULE & TIMELINE.
A key summary of our project schedule is highlighted below. Please refer to Attachment 1 – Project Schedule for our detailed project plan.
[THIS PART OF THE PAGE HAS BEEN INTENTIONALLY LEFT BLANK]
180
City of Fontana | Salesforce 311 Implementation
SN-Fontana-2022 | Statement of Work
© 2022 StackNexus, Inc. | March 28, 2022 16
5. EXPECTATIONS FROM THE CITY
The city stakeholders should attend interviews and meetings as required to capture requirements, feedback, etc.
Concerning data migration, the city would be responsible to provide us with data that has been cleansed and is in the format that StackNexus would require.
StackNexus would propose to bring in only constituent data as this is a new implementation for the city.
The city should assign process SMEs and Business Analysts to work with the StackNexus team as required to provide the required inputs. Learning from our past experiences, it would be beneficial if the city can assign 1 dedicated SME whom the StackNexus team can reach out for all questions and clarifications. StackNexus assumes that the SMEs and Business Analysts from the city team would be responsible for interfacing with the various other teams and departments and then funneling the information to the StackNexus team. We would urge the city to review Salesforce Mobile Publisher which can wrap a portal and launch it as a mobile application in addition to the other options the city might have been pursuing.
For integration, we would highly recommend the city look at the option of having a middleware system as there are multiple systems that we would be integrating with, and from a scalability and maintenance standpoint, a middleware is always the best way to go.
As there are multiple integrations involved with various systems, StackNexus would ask the city to ensure that each of these systems can expose their APIs in a consistent format for Salesforce to consume and also have a consistent authentication mechanism & payload format.
The city stakeholders should provide approval to deliverables within a reasonable timeframe.
The city project team should provide the required documents and any access required for the StackNexus team to reasonably perform the services. The city team should attend the training as required. The city leadership team should attend project governance meetings to understand the status and to resolve issues (if any).
[THIS PART OF THE PAGE HAS BEEN INTENTIONALLY LEFT BLANK]
181
City of Fontana | Salesforce 311 Implementation
SN-Fontana-2022 | Statement of Work
© 2022 StackNexus, Inc. | March 28, 2022 17
6. PROPOSED TEAM COMPOSITION
Role Quantity
Sr. Project Manager 0.5
Sr. Solution Architect 0.5
Project Lead 1
Salesforce Developer 2
Salesforce Administrator 1
Quality Analyst 2
Integration Developer 1
[THIS PART OF THE PAGE HAS BEEN INTENTIONALLY LEFT BLANK]
182
City of Fontana | Salesforce 311 Implementation
SN-Fontana-2022 | Statement of Work
© 2022 StackNexus, Inc. | March 28, 2022 18
7. PROJECT COSTS
The total Fixed Price for this Project shall not exceed the following.
Phase 1 $550,000.00/-
Phase 2 $250,000.00/-
7.1 ENGAGEMENT TYPE
Fixed Fee.
7.2 INVOICING AND PAYMENT
Invoices will be raised on monthly basis as per the below schedule. Payment should be carried out within 30 days from the date of receipt of the invoice by the Contractor to the city.
Month Invoice
Phase 1
Planning & Requirement Confirmation
and Overall Solution Design
58,000.00/-
Dev Sprint 1 50,000.00/-
Dev Sprint 2 50,000.00/-
Dev Sprint 3 50,000.00/-
Dev Sprint 4 50,000.00/-
Dev Sprint 5 55,000.00/-
Dev Sprint 6 55,000.00/-
Dev Sprint 7 55,000.00/-
Dev Sprint 8 55,000.00/-
UAT & Go Live 72,000.00/-
Phase 2
Planning & Requirement Confirmation
and Overall Solution Design
30,000/-
Dev Sprint 1 40,000/-
183
City of Fontana | Salesforce 311 Implementation
SN-Fontana-2022 | Statement of Work
© 2022 StackNexus, Inc. | March 28, 2022 19
Dev Sprint 2 40,000/-
Dev Sprint 3 40,000/-
Dev Sprint 4 50,000/-
UAT & Go Live 50,000/-
184
City of Fontana | Salesforce 311 Implementation
SN-Fontana-2022 | Statement of Work
© 2022 StackNexus, Inc. | March 28, 2022 20
8. ASSUMPTIONS/CONSIDERATIONS
The proposed timeline and cost for both Phase 1 and Phase 2 are based on a very high-level understanding of the scope. After Discovery, the team will mutually agree upon the requirements that will be delivered for this minimum viable product.
As the team would be following a SCRUM lifecycle, the development lifecycle would be distributed into multiple sprints and a certain velocity would be delivered in each sprint. The city team would work with the StackNexus team to prioritize the items from the backlog that should go into each Sprint depending on the velocity which would then be delivered at end of each Sprint. Salesforce is discontinuing its Social Studio product within the Marketing Cloud ecosystem within 6 months. StackNexus would be more than happy to work with the city to identify an alternate approach for their social media interaction requirements. Based on the tool that we end up identifying, we would like to call out that there would be a learning curve to it.
Concerning UI / UX designs StackNexus already has a framework that the city can leverage with its own theme and color. If the city has specific UI expectations, StackNexus would urge the city to identify them ahead of time so we can collectively discuss as a team what would be the scope and timeframe for each of the expectations.
StackNexus is assuming the train the trainer approach.
[THIS PART OF THE PAGE HAS BEEN INTENTIONALLY LEFT BLANK]
185
City of Fontana | Salesforce 311 Implementation
SN-Fontana-2022 | Statement of Work
© 2022 StackNexus, Inc. | March 28, 2022 21
9. SIGNATURES
This Statement of Work is agreed to and accepted ty the Parties on the date set forth below
City of Fontana.
Name:
Title:
Phone:
Email:
Signature:
Contractor
Name: Suman Akula
Title: CEO
Phone: (518) 265-3060
Email: [email protected]
Signature:
186
City of Fontana | Salesforce 311 Implementation
SN-Fontana-2022 | Statement of Work
© 2022 StackNexus, Inc. | March 28, 2022 22
Appendix 1 APPROACH AND METHODOLOGY
1. PROJECT MANAGEMENT METHODOLOGY
StackNexus management methodology will be tailored to the specific requirements of this project. The following exhibit provides our systematic approach to providing Project Management services to the city and is combined with our own time-tested agile-based implementation methodology.
Exhibit 2: Project Management Methodology
This exhibit provides the step-by-step process of Project Management Methodology StackNexus methodology draws from a compilation of multiple industry standards, best practices have been incorporated as highlighted in the following exhibit.
Exhibit 3: Industry Standards and Best Practices
Methodology Description Relevance
Project
Management
Institute (PMI)
Project
Management Body
of Knowledge
(PMBOK)
PMI provides global leadership in the
development of standards in the
project management profession
throughout the world. PMI’s “A Guide to
the Project Management Body of
Knowledge (PMBOK® Guide),” is a
globally recognized standard for
managing projects in today’s
marketplace. The PMBOK® Guide is
approved as an American National
Standard (ANS) by the American
National Standards Institute (ANSI).
PMI’s Project Management Professional
(PMP®) certification is the world’s most
recognized professional credential. In
1999, PMI became the first
organization to attain International
Organization for Standardization (ISO)
9001 recognition.
PMBOK forms the basis of
all StackNexus project
work plans and
deliverables. We lead
activities with local PMI
organizations.
187
City of Fontana | Salesforce 311 Implementation
SN-Fontana-2022 | Statement of Work
© 2022 StackNexus, Inc. | March 28, 2022 23
The Institute of
Electrical and
Electronics
Engineers, Inc.
(IEEE)
IEEE is an internationally recognized
authority in technical areas ranging
from computer engineering, biomedical
technology, and telecommunications to
electric power, aerospace, and
consumer electronics, among others.
Interestingly, PMI’s PMBOK has been
incorporated as an IEEE standard for
project management. Through its
technical publishing, conferences, and
consensus-based standards activities,
the IEEE produces 30 percent of the
world's published literature in electrical
engineering, computers, and control
technology and has nearly 900 active
standards with 700 under development.
Many governments require
specific adherence to a
variety of IEEE standards,
depending upon the scope
of work. We have
complied with these
standards and our clients
can vouch for the
consistent quality of our
deliverables.
Information
Technology
Infrastructure
Library (ITIL)
U.K.’s Office of Government Commerce
(OGC’s) Information Technology
Infrastructure Library (ITIL) is a
customizable framework for IT service
management. ITIL is a set of rules for
how to deliver IT services more
efficiently by improving management
processes across IT departments that
support networks, applications,
databases, and systems.
We are committed to the
best practice IT Service
Management approaches
of ITIL. Our professional
staff has achieved
certification at the
foundation and
practitioner levels.
International
Institute of
Business Analysis
(IIBA)
IIBA® International Institute of
Business Analysis (IIBA) is an
independent non-profit professional
association for business analysis. IIBA
assists business analysts by:
Defining standards for business
analysis through the creation of A
Guide to the Business Analysis Body
of Knowledge® (BABOK® Guide), a
summary of current generally
accepted practices.
Identifying the skills necessary to
be effective in the business analyst
role through the IIBA Business
Analysis Competency Model, Self-
assessment Tool, and soon, the
Online Assessment Tool.
We have invested in our
Business Analyst toolkit
and the staff is
knowledgeable in the
Business Analysts’ current
practices. They hold IBAA
certifications and routinely
refer to the BABOK®
Guide to evolve our
Business Analysts’ best
practices methodologies.
Prosci Change
Management
Prosci’s unique integration of individual,
organizational, and enterprise-wide
change management is built on over 15
years of research with more than 3400
organizations. This holistic approach
has three main pillars for change
success:
We have numerous
experts that have
successfully followed OCM
Standards from Prosci.
Prosci’s consistent and
universal standards help
ensure the business
analysis activities on the
188
City of Fontana | Salesforce 311 Implementation
SN-Fontana-2022 | Statement of Work
© 2022 StackNexus, Inc. | March 28, 2022 24
Prosci's ADKAR model addresses the
transitions of individuals affected by
change with a five-step process that
can be used by managers, executives,
and even employees themselves to
identify and remove barriers to
successful change.
project are successfully
implemented.
Our methodology is based on past experiences and lessons learned from hundreds of implementation projects. It includes overarching project management for delivering projects on- time and within budget. It provides guidelines on how to work collaboratively with these entities to identify and mitigate project risks, as well as to address issues identified throughout the engagement. Our methodology is proven, robust, yet flexible and tailored to government projects to help maximize project success and deliver measurable results.
Our approach aligns with the project management processes of the PMBOK, while easily accommodating adaptation for iterative design, delivery, and implementation.
Our project management approach also conforms to SEI-CMMI Maturity Model requirements to ensure repeatable, consistent iterative processes, procedures, tools, and templates that maximize efficiencies, ensure proper planning, guide successful execution, and provide tracking and reporting of all tasks.
StackNexus Methodology for the City’s 311 CRM Implementation would utilize an Agile/Scrum methodology.
Agile software development refers to a
group of software development
methodologies based on iterative
development, where requirements and
solutions evolve through collaboration
between self-organizing cross-
functional teams. Fundamental to a
successful agile implementation are the
following:
Disciplined project management
process.
Frequent inspection and adaptation.
Leadership philosophy that
encourages teamwork, self-
organization, and accountability.
A defined set of engineering best
practices intended to allow for rapid
delivery of high-quality software.
Scrum Framework Overview
Exhibit 4: Agile Methodology
We will implement each phase using an
iterative deployment methodology that
includes multiple current-state iterations
and a functional prototype delivered at
the end of each phase.
189
City of Fontana | Salesforce 311 Implementation
SN-Fontana-2022 | Statement of Work
© 2022 StackNexus, Inc. | March 28, 2022 25
Scrum is a subset of Agile. It is a lightweight process framework for agile development and is also the most commonly adopted/utilized. A “process framework” is a particular set of practices that must be followed in order for a process to be consistent with the framework. “Lightweight” means that the overhead of the process is kept as small as possible, to maximize the amount of productive time available for getting useful work done.
Scrum Artifacts
Product Backlog – A collection of user stories (requirements) that represent a feature of the product to be developed.
Sprint Backlog – User stories chosen by the team to design develop and test during a particular Sprint.
Burn Down Chart – Depicts the status of stories being worked on in a particular Sprint.
Scrum Ceremonies
These core ceremonies are critical to maintaining consistent progress and maximizing the velocity of the team. These recurring meetings each serve an important purpose in ensuring the project is aligned at both a strategic and tactical level, looping in the appropriate project team members as needed to ensure appropriate presentations and approvals are provided. The following exhibit highlights sprint planning.
[REMAINDER OF THE PAGE HAS BEEN INTENTIONALLY LEFT BLANK] 190
City of Fontana | Salesforce 311 Implementation
SN-Fontana-2022 | Statement of Work
© 2022 StackNexus, Inc. | March 28, 2022 26
Exhibit 5: Sprint Planning
This exhibit provides details on sprint planning including phases such as planning, implementation, daily scrum, review, and retrospect.
Sprint Planning. Sprint Planning is when the team takes the user stories from the Product Backlog and assigns them to a sprint. It is a conversation about what needs to be built in the next iteration of the product. The sprint is time- boxed (i.e., it has a start and end date). During the sprint, the team works on tasks until user stories are completed.
Daily Scrum Stand-up. Daily Scrum Stand-up is a brief meeting where the team reports on a minimum of three important items:
What did you accomplish yesterday?
What will you accomplish today?
Is anything blocking you from completing your tasks?
Sprint Review and Retrospective. During the Sprint Review, the development team will demonstrate the working software to the Product Owner in order to validate that they have in fact completed the tasks/user stories and to receive feedback regarding the functionality. The goal is to develop bug-free working software. In addition, the team will also participate in a Retrospective to discuss what went well vs. what did not work so well with the process. The team will then make adjustments to make the process more effective for future Sprints.
Requirements Tracking for Agile Scrum
StackNexus proposes the use of JIRA with the Confluence toolset for our Agile Scrum methodology. JIRA and Confluence in our instance are highly customizable 191
City of Fontana | Salesforce 311 Implementation
SN-Fontana-2022 | Statement of Work
© 2022 StackNexus, Inc. | March 28, 2022 27
and configurable not only for Release Planning, Sprint Planning, Agile User Story map, Backlog, Active sprints, Bug tracking, issue tracking, metrics, reports, and project management but also provides interfaces for executing tests, tracking defects and managing requirements, along with support for quantitative analysis and reporting of the test objects.
Additionally, the JIRA apps such as XRay, EazyBI Reports, Advanced Roadmaps, TraceabilityX, SumUp, Power Scripts, and SAFe EPIC to Feature Translator are used to manage projects efficiently and effectively.
Please refer to the following exhibit for a snapshot of tracking Agile Scrum activities in JIRA.
Exhibit 6: JIRA Application for tracking Agile Scrum
This exhibit provides information on how the StackNexus team tracks agile scrum activities using JIRA.
The tools allow the generation of the requirement traceability matrix (RTM), which is an indication of functional coverage of the application/system under test (SUT).
The focus is on requirements elaboration of system-level functional and non- functional requirements, user experience prototypes and product demonstrations would be tracked against RTM.
[REMAINDER OF THE PAGE HAS BEEN INTENTIONALLY LEFT BLANK]
192
City of Fontana | Salesforce 311 Implementation
SN-Fontana-2022 | Statement of Work
© 2022 StackNexus, Inc. | March 28, 2022 28
Exhibit 7: Traceability Matrix
This exhibit provides information on RTM. RTM is updated on a rolling basis as requirements are demonstrated and gap strategies defined.
[REMAINDER OF THE PAGE HAS BEEN INTENTIONALLY LEFT BLANK]
193
City of Fontana | Salesforce 311 Implementation
SN-Fontana-2022 | Statement of Work
© 2022 StackNexus, Inc. | March 28, 2022 29
2. OUR IMPLEMENTATION APPROACH
PHASE I – PLANNING
1) Process & Requirements Analysis
Validate and understand the current state (from documented processes) and future state high-level processes.
Define business capabilities required to achieve the strategic end state via best practices, drilling down into each of the core areas.
Translate business requirements into enabling technology functionality requirements and prioritize to determine modification scope, timeframe, and success measures.
2) Replicating and Integration Requirements Analysis
Understand current logical architecture and integration. The key output is to determine how Salesforce fits within the overall technology landscape of the city.
Review & identify integration requirements associated with Accela, Tyler Munis (Cashiering), Lucity, Laserfiche, Selectron IVR, PowerBI, ESRI/GIS, PayPal, HDL. Collaborate with the City to validate the integration architecture approach and associated level of complexity and effort.
3) Data Migration Requirements Analysis
Review data conversion requirements from the legacy system. Review of each source system data entity requiring migration, associated cleanliness (i.e., duplication, accuracy, and completion), and volumes. Validate data conversion strategy and technology approach.
Deliverables
A project plan including schedule and governance arrangements Business Requirements document
Functional Specifications
Requirements Traceability Matrix
Initial risk and issue register
Release Management Plan
Development Process
194
City of Fontana | Salesforce 311 Implementation
SN-Fontana-2022 | Statement of Work
© 2022 StackNexus, Inc. | March 28, 2022 30
PHASE II – DESIGN
The Design stage involves two core streams:
Solution stream – focused on the core Salesforce functionality, identifying gaps, and producing a high-level solution overview.
Performing a gap analysis on the high-level functional specifications, identifying standard Salesforce elements to support the requirements, and identifying gaps to be supported by either partner applications or a custom build.
Producing a Solution Overview – documenting the high-level solution elements and future state landscape based on the force.com platform, indicating where AppExchange partners are used, custom build, and integration with City systems and non-force.com applications. Technical Stream – focused on drilling down into the detailed functional design for custom components of the design and for each interface, producing the data model and data migration plan.
Producing an integration strategy, and detailed functional specifications for each of the interfaces such as Accela, Tyler Munis (Cashiering), Lucity, Laserfiche, Selectron IVR, PowerBI, ESRI/GIS, PayPal, HDL
Designing Salesforce high-level data model, considering City’s existing organizational data model.
Producing a data migration strategy and plan from the legacy system– encompassing overall approach, the scope of source systems, objects, enabling ETL tool(s), indicative volumes, schedule, and milestones.
Key design components of the solution are typically prototyped as part of this stage of the engagement to ensure the best solution for the city is designed.
The result of the Solution and Technical stream activities will be fed into the Detailed Design document, covering the following areas:
High-level solution overview
Application design – both standard Salesforce and custom build a functional design
Integration functional design
Data model
Deliverables
Application Design Specifications
Interface Design Specifications
Report Design Specifications
Data Conversion and Migration Plan
195
City of Fontana | Salesforce 311 Implementation
SN-Fontana-2022 | Statement of Work
© 2022 StackNexus, Inc. | March 28, 2022 31
Updated Risk/Issues Register
Stakeholders/Change Management Plan
PHASE III – CONFIGURE BUILD AND TESTING
StackNexus understands that Agile Scrum velocity is a rough estimate for the amount of work that a team can accomplish in a given sprint. It is calculated based on the sum of all the completed story points. A team’s velocity becomes a valuable metric over time as teams complete multiple sprints and have the opportunity to establish a consistent velocity. Our historical experience and data have enabled us to properly establish velocity for our team to determine how much work they can tackle in each sprint which will reassure City’s Product Owner the confidence that the deliverable will be delivered as per the agreed plan.
Iterations or sprints will focus on delivering valuable end-to-end functionality which can be meaningfully tested with real content. Work is broken down into units or Work Items with defined acceptance criteria. The sprint plan will be structured in order of business units and/or technical functional areas in such a way that we can re-use and evolve the design and architecture in subsequent iterations.
Each iteration will typically involve:
Design clarification sessions
Prioritization of work
Development / configuration
Content migration plan / implementation
System testing and regression testing of previous iterations Evaluation and acceptance via a business showcase
Optional release to UAT with real business unit content Early visibility = No Surprises: Our methodology allows the city to view functionality early, leverage and consolidate any learnings, re-prioritize work if required, all prior to commencing consequent iterations.
Iterations are governed by the following rules:
If the Business Requirements have been documented and prioritized StackNexus project team will commence work according to the priority defined. However, if the Business Requirements do not have any priority defined at the time, there is a need for 1 overarching Product Owner from the City to help prioritize work. Each iteration will contain Business and Functional components of the solution. Work Items in scope for each iteration will be reviewed and clarified with the relevant stakeholder.
196
City of Fontana | Salesforce 311 Implementation
SN-Fontana-2022 | Statement of Work
© 2022 StackNexus, Inc. | March 28, 2022 32
There is a need for either a Signed Business Requirement and Functional documents or approval by the Product Owner is needed prior to the commencement of development.
The Product Owner must be empowered to make decisions or have direct access to other business stakeholders enabling them to turn decisions around efficiently.
An explicit specification of the acceptance criteria for each work item in scope will be required before iteration can commence.
At the completion of each iteration, final approval of deliverables will be obtained from the relevant City stakeholder(s). Any changes/suggestions to already approved deliverables will be captured as a requirement for future consideration and may make it into future iterations based on priority and agreed scope allowance.
Release Phase: Production Releases will be planned with the business. Releases will be dependent on accepted Work Items and successful completion of system and user testing. Our methodology has the flexibility to take each Iteration drop to production if required.
By using agile methodology, StackNexus will be able to continuously improve and adapt over the course of the project. By performing Backlog Grooming at certain intervals within the project and sprints, the Scrum teams are able to ensure the relevancy of a requirement, re-prioritize as necessary.
StackNexus Scrum teams are constantly looking at opportunities to improve.
StackNexus sets up a meeting prior to the next sprint commencement to reflect on areas of improvement and/or areas that have been successful (Retrospectives).
StackNexus uses a method called start-stop-continue within these Retrospectives.
Every member of the Project Teams is encouraged to participate in Retrospectives and are asked to identify specific things that the team should:
Start doing
Stop doing
Continue doing
This allows the team to come up with ideas on how they can improve with every sprint. These ideas are put into action in the next sprint and once again reviewed in the Retrospective to assess if that idea should be Stopped or Continued. These Retrospectives are crucial in Scrum as StackNexus, and the City will be able to identify the most efficient and effective way to work as a project team and bounce ideas of each other.
In addition, StackNexus plans to hold a status meeting with the City Project Manager and Project Owner each week to review progress and next steps, address any issues, and discuss any risks of concern. StackNexus will issue a status report each week which will summarize these items. If there are any changes to the scope, timeline, or costs, these will be clearly documented and approved using a change control process.
197
City of Fontana | Salesforce 311 Implementation
SN-Fontana-2022 | Statement of Work
© 2022 StackNexus, Inc. | March 28, 2022 33
Broadly, StackNexus will be accountable for the following:
Requirements Gathering
Solution architecture
Design (Functional specification)
Build
System testing
Integration with Accela, Tyler Munis (Cashiering), Lucity, Laserfiche, Selectron IVR, PowerBI, ESRI/GIS, PayPal, HDL
Data migration from the legacy system.
Data preparation, validation, and extraction.
User acceptance testing support.
Training.
Deployment.
The city will be accountable for the following:
Defining Business Rules and Naming convention.
Participating in Weekly Showcase.
Guidance and business rules for data validation and transformation. User acceptance testing and test scripts.
Participating in training sessions.
Production verification testing.
Key aspects of the deliverables will be walked through with the city at the end of each development iteration.
Integration:
There are four ways to integrate with Salesforce. The City’s existing technologies, current business processes, and business goals will determine which integration approach—or combination of approaches—is best. The four methods are defined below.
AppExchange: AppExchange includes more than 2000+ pre-integrated components and applications. This would be the first place to look to see if a pre-integrated solution is available to meet the City’s requirements.
AppExchange includes apps for email marketing, customer surveys, sales methodologies, analytics, and much more.
Native desktop connectors: Salesforce.com provides free connectors to the most popular desktop productivity tools in the market, including Microsoft Outlook, Lotus Notes, Microsoft Excel, and Microsoft Word. 198
City of Fontana | Salesforce 311 Implementation
SN-Fontana-2022 | Statement of Work
© 2022 StackNexus, Inc. | March 28, 2022 34
Integration middleware: Salesforce applications work with all major middleware solutions including MuleSoft, Tibco, Informatica, IBM, Oracle Fusion, Software AG/Web Methods, and Cast Iron.
Developer toolkits: These toolkits provide the ultimate integration flexibility and choice. The Force.com platform supports all major development environments and tools, including Java, .NET, PHP, and Ruby.
With that said, based on our current understanding of City requirements and experience working on similar implementations, we have recommended the type of integration for all the city requirements in the response document.
Testing
The objective of testing is to ensure that all the business and technical requirements of the solution are met. Our testing methodology identifies three key elements such as inputs, process, and output.
Inputs to testing typically include requirements (business and software, functional and non-functional), high-level design documents, interface control documents, and a code base that has passed the exit criteria of the Build phase.
The outputs typically include test plans, test scripts, testing tools, test results, defect logs, and relevant defect management reports.
The UAT component is introduced with another Conference Room Pilot session (CRP3), which allows City stakeholders to be ‘stepped through’ the final solution and address any questions in the group forum.
In addition, this CRP3 session acts as a briefing to those conducting user acceptance testing.
Key Activities/Milestones of Testing
Identify Test scenarios or use cases.
Establish test scripting for functional and integration tests. Execute test and summarize test execution.
Defect rectifications and tracking.
User acceptance testing is completed, and results are recorded. UAT is signed off.
Key Activities/Milestones of Build
Showcase session at the end of each sprint.
Consistent coding standards and coding frameworks.
Well established and scrum velocity.
Deliverables
Configured and installed the app.
199
City of Fontana | Salesforce 311 Implementation
SN-Fontana-2022 | Statement of Work
© 2022 StackNexus, Inc. | March 28, 2022 35
Showcase- Demo.
Test Execution Summary.
Training Material.
Updated Risk/Issues Register.
PHASE IV – DEPLOYMENT
The Deployment phase implements the new land management solution into the City’s production environment. Pre-deployment meetings will take place to confirm the solution is ready for deployment and that the business is aware of and prepared for the transition.
All the elements of the implementation must come together to ensure that the land management solution is successfully transitioned to production. The project team conducts the end-user training while the technical team configures the Production Environment and migrates the required legacy data to the new application.
Key Activities:
Document Transition to Support and detailed design.
Establish a deployment activity sheet and tasks dependencies (including data migration).
Trial execution of deployment into the training environment. Ensure the City executive stakeholders’ system deployment communications and outages.
Deploy into production.
Data is migrated from the legacy system.
Production verification test.
Go live and end-users trained.
Integration is operational in the production environment. The solution is operational in the production environment.
Deliverables:
Training Execution.
Transition to Support Plan.
Updated Risk/Issue Register.
Complete Data Migration.
City’s Approval.
200
City of Fontana | Salesforce 311 Implementation
SN-Fontana-2022 | Statement of Work
© 2022 StackNexus, Inc. | March 28, 2022 36
Detailed Design Document
PHASE V – TRANSITION TO SUPPORT
The Support phase starts immediately following the Production cutover which marks the end of the implementation phase and the beginning of the system support cycle. Our support methodology defines the systems support cycle concerning the quality of the current situation, transition timetable, business risk, and financial considerations. StackNexus will also provide its warranty service, and then in the longer term, provide support and enhancement services if requested.
Key Activities
Review Project Performance.
Gain Formal Acceptance.
Handover Outstanding Risks and Issues to Sponsor.
Prepare Project Closure Report.
Obtain Customer Survey Results.
Key Deliverables
Warranty/Production Stabilization.
Handover to Support.
Updated Risk/Issue Register.
Project Closure Report.
Project Completion Acceptance.
201
City of Fontana | Salesforce 311 Implementation
SN-Fontana-2022 | Statement of Work
© 2022 StackNexus, Inc. | March 28, 2022 37
3. CHANGE MANAGEMENT
StackNexus will maintain tight control on change management through an established change control process. We will identify changes in the StackNexus internal weekly status report and review them with the city during the biweekly status update. Changes that require modification to scope, effort, or schedule will be reviewed, documented, and agreed upon.
An effective change management process is essential to counter potential schedule and budget slippages, resulting from changes in project scope or requirements.
StackNexus’ change management process broadly involves the following steps:
The change initiator submits a Change Request (CR). Both StackNexus and the City teams are allowed to raise CRs.
StackNexus analyzes the CR to determine the impact of the change on project work items, schedule, and cost.
Based on the findings of CR analysis, an authorized evaluator assigned by the city either approves or rejects the CR.
StackNexus incorporates approved CRs into the project SOW/requirements for implementation.
StackNexus implements approved CR and tests, and releases the change, then obtains the City’s signoff.
202
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1356 Agenda Date: 4/26/2022
Agenda #: A. Category: Public Hearing
FROM:
Police Department
SUBJECT:
Introduce an Ordinance to Adopt Police Department Policy 709 (Military Equipment Policy) Pursuant to Assembly Bill 481 (“AB 481”)
RECOMMENDATION:
Read by title only and waive further reading of and introduce Ordinance No. _______, an Ordinance of the City of Fontana Adopting a Military Equipment Policy Pursuant to AB 481, and the reading of the Title Constitute the first reading thereof.
COUNCIL GOALS:
· To create a team by working together to provide stability and consistent policy direction. · To create a team by communicating Goals and Objectives to all sectors of the community.
DISCUSSION:
AB 481 was enacted to increase transparency, accountability, and oversight surrounding the use and acquisition of military equipment by state and local law enforcement. It requires law enforcement agencies to obtain approval from the legislative bodies that oversee them before purchasing, raising funds for, or acquiring military equipment, by any means. Law enforcement agencies are also required to obtain approval by their legislative bodies before collaborating with another law enforcement agency in the deployment or use of military equipment within the law enforcement agencies jurisdiction, or before using any new or existing military equipment not previously approved.
Under AB 481, a governing body approval must take the form of an ordinance adopting a publicly released, written military equipment use policy, which must address a number of specific topics, including the type, quantity, capabilities, purposes, and authorized uses of each type of military equipment, the fiscal impact of their acquisition and use, the legal and procedural rules that govern their use, the training required by any officer allowed to use them, the mechanisms in place to ensure policy compliance, and the procedures by which the public may register complaints. The governing body must consider a proposed military equipment use policy in open session and may only approve a military equipment use policy if it makes various specific findings regarding the necessity of the military equipment and the lack of reasonable alternatives.
AB 481 also requires any law enforcement agency that receives approval for the use of military equipment to submit annual reports to the governing body regarding the use of the equipment, any complaints received, any internal audits or other information about violations of the military equipment use policy, the cost of such use, and other similar information.
City of Fontana Printed on 4/21/2022Page 1 of 2
powered by Legistar™
203
File #: 21-1356 Agenda Date: 4/26/2022
Agenda #: A. Category: Public Hearing
DISCUSSION:
Law enforcement incidents can be unpredictable and complex. In order to de-escalate violent and tense situations at times special equipment, tools or resources may be necessary to reduce the possibility of harm to community members, individuals directly involved in the incident and officers and increase the likelihood of a positive outcome. Items identified as “militaryequipment”include, but at not limited to, unmanned aerial (Drones) or ground vehicles, bulletproof vehicles, pepper balls, less lethal 40mm projectile launchers and distraction devices. These tools have been tested in the field and are used to help enhance citizen safety, officer safety and reduce the need for escalation of force. They are commonly utilized by law enforcement and their use is considered best practices. The Department has not discovered other reasonable alternatives for these tools that can achieve the same objectives of community member safety and officer safety as these tools are capable of doing.
The mere presence or communicated use of some of these tools can help to de-escalate a situation prior to the need to utilize them and some items can be used for other purposes, such as drones for missing persons or interior searches of a building, or a Long Range Acoustic Device (LRAD) for making announcements during evacuations. The Department is committed to utilizing equipment that helps to safeguard the community and reduce the risk of escalating volatile situations that might rise to the level of a lethal encounter.
The proposed Ordinance and Policy # 709 provide for safeguards to the public’s safety, welfare, and civil rights and ensures transparency, oversight and accountability measures are in place. As examples, the Department will be required to conduct annual audits of the equipment to ensure compliance with the policy, annually report to City Council the use of this equipment, seek approval prior to purchasing tools deemed to be “military equipment.” FISCAL IMPACT:
There is no fiscal impact associated with the approval of this item. Funds are included in both fiscal year 2021/2022 and 2022/2023 budgets for equipment purchases including the General Fund (fund 101) and Federal Asset Seizure (fund 223).
MOTION:
Approve staff recommendation
City of Fontana Printed on 4/21/2022Page 2 of 2
powered by Legistar™
204
1 of 3
ORDINANCE NO. [ ]
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA ADOPTING POLICE DEPARTMENT POLICY NO. 709, IN ACCORDANCE WITH ASSEMBLY BILL 481
WHEREAS, on September 30, 2021, Governor Newsom signed into law Assembly Bill (“AB”) 481 to address the funding, acquisition, and use of military equipment, as that term is defined by Government Code section 7070(c); and
WHEREAS, AB 481 requires adoption of a military equipment policy (“Policy”) by the City Council before the Fontana Beach Police Department (“Department”) may take action to request military equipment; seek funds (such as grants or in -kind donations) for acquiring military equipment; actually ac quire military equipment, either permanently or temporarily by owning, borrowing, or leasing; collaborate with other law enforcement agencies to deploy or use military equipment in the agency’s territorial jurisdiction; use new or existing military equipment in a manner not previously subject to AB 481’s scope; solicit or respond to a proposal for, or enter into an agreement with, any person or entity to seek funds for, apply for, acquire, use, or collaborate in using military equipment; or to acquire milit ary equipment through any other means not specifically detailed in the statute; and
WHEREAS, to continue to use military equipment acquired prior to January 1, 2022, the law enforcement agency must commence the process of adopting the Policy no later than May 1, 2022; and
WHEREAS, in accordance with AB 481, the proposed Policy was made available on the website on the Department website at least thirty (30) days prior to the public hearing by the City Council to adopt the Policy; and
WHEREAS, once adopted, the Policy will be made publicly available on the Department website for as long as the covered military equipment is available for use; and
WHEREAS, in accordance with AB 481, the Policy is on the agenda as an open session item at a regular meeting of the City Council, and public comment on the item will be allowed in accordance with the Brown Act; and
WHEREAS, this Ordinance shall be reviewed by the City Council at least annually, and based on an annual military equipment report that will be submitted to the City Council pursuant to AB 481, the City Council shall determine whether each type of military equipment identified in the report has complied with the standards for continued approval.
205
Ordinance No. [ ]
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA DOES ORDAIN AS FOLLOWS:
SECTION 1. RECITALS
The City Council finds that all recitals, facts, findings, and conclusions set forth above are true and correct and hereby incorporated by reference.
SECTION 2. FINDINGS
Pursuant to Government Code section 7071(d)(1), as may be amended or renumbered from time to time, the City Council hereby makes the following findings in support of its adoption of the Policy:
A. The military equipment identified in the Policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
B. The proposed Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
C. If the Department purchases military equipment pursuant to the Policy, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
D. Prior military equipment use complied with the Policy that was in effect at the time, or if prior uses did not comply with the accom panying Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
SECTION 3. ADOPTION OF MILITARY EQUIPMENT POLICY
The City Council hereby adopts the Policy No. 709, Military Equipment Policy, along with any related Attachments, which are all attached hereto as Exhibit “A”.
SECTION 4. CEQA.
The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
SECTION 5. EFFECTIVE DATE.
This ordinance shall be effective thirty (30) days from and after its final passage.
SECTION 6. SEVERABILITY.
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court 206
Ordinance No. [ ]
of competent jurisdiction, then such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Fontana hereby declare they would have adopted this ordinance, and each section, subsection, subdivi sion, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions. sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 7. PUBLICATION.
The City Clerk is authorized and directed to cause this ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code section 36933(c).
INTRODUCED at the regular meeting of Fontana Council on the 26th day of April 2022.
PASSED, APPROVED AND ADOPTED at the regular meeting of Fontana City Council on the 10th day of May 2022.
READ AND APPROVED AS TO LEGAL FORM:
City Attorney
I, Germaine McClellan Key , City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Ordinance is the actual Ordinance introduced at a regular meeting of said City Council on the 26th day of April 2022, and was finally passed and adopted not less than five days thereafter on the 10th of May, 2022, by the following wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk of the City of Fontana
207
Ordinance No. [ ]
Mayor of the City of Fontana
ATTEST:
City Clerk
208
Exhibit “A”
[insert AB 481 policy]
209
Policy
709
Fontana Police Department
Fontana PD Policy Manual
Copyright Lexipol, LLC 2022/03/10, All Rights Reserved.
Published with permission by Fontana Police Department
Military Equipment - 531
Military Equipment
709.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
709.1.1 DEFINITIONS
Definitions related to this policy include those provided in (Government Code § 7070) and as follows:
Governing body – The elected or appointed body that oversees the Department.
Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
210
Fontana Police Department
Fontana PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/10, All Rights Reserved.
Published with permission by Fontana Police Department
Military Equipment - 532
709.2 POLICY
It is the policy of the Fontana Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to the funding, acquisition and use of military equipment.
709.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police will designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Fontana Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
709.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
See attachment: FONTANA POLICE MILITARY EQUIPMENT INVENTORY.pdf 709.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
211
Fontana Police Department
Fontana PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/10, All Rights Reserved.
Published with permission by Fontana Police Department
Military Equipment - 533
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 709.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this jurisdiction shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction, or otherwise engaged in law enforcement operations in this jurisdiction, shall comply with their respective military equipment use policies in rendering mutual aid.
709.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use.
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 709.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1330 Agenda Date: 4/26/2022
Agenda #: A. Category: New Business
FROM:
Management Services
SUBJECT:
Issuance of Special Tax Bonds for CFD #95 (Summit at Rosena Phase 2) RECOMMENDATION:
Adopt Resolution No. 2022-____ of the City Council of the City of Fontana authorizing the issuance of City of Fontana Community Facilities District No. 95 (Summit at Rosena Phase Two) Special Tax Bonds, Series 2022, in an aggregate principal amount of not to exceed $11,000,000, authorizing the execution and delivery of an Indenture, a Bond Purchase Agreement and a Continuing Disclosure Agreement, authorizing the distribution of an Official Statement in connection therewith and authorizing the execution of necessary documents and certificates and related actions.
COUNCIL GOALS:
· To practice sound fiscal management by developing long-term funding and debt management plans.
DISCUSSION:
On April 23, 2019, the City Council authorized the formation of Community Facilities District No. 95 (Summit at Rosena Phase Two) and conducted a special election to levy taxes within the District.
This project consists of 280 residential lots located north of Summit Avenue between Sierra Avenue and Cypress Avenue. Bond proceeds will be used to fund public infrastructure including sewer, storm drain, street improvements, landscaping, public facilities and park facilities.
In order to issue the special tax bonds, it is necessary to execute bond documents and agreements relating to this District. The recommended action complies with the City’s debt management strategy.
The following documents, in their materially correct form, are attached hereto:
1. Indenture;
2. District Continuing Disclosure Agreement;
3. Bond Purchase Agreement;
4. First Amendment to Acquisition and Funding Agreement;
5. Preliminary Official Statement; and
City of Fontana Printed on 4/21/2022Page 1 of 2
powered by Legistar™
227
File #: 21-1330 Agenda Date: 4/26/2022
Agenda #: A. Category: New Business
6. Appraisal Report.
FISCAL IMPACT:
These bonds will produce project funds of approximately $9.9 million, of which 20% ($1.9 million) will be available to the City for a defined community benefit. Costs of issuance will be paid from gross bond proceeds. Debt service payments will be made from special taxes levied on the property owners within the district.
MOTION:
Approve staff recommendation.
City of Fontana Printed on 4/21/2022Page 2 of 2
powered by Legistar™
228
1 4160-5310-2133.3
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FONTANA AUTHORIZING THE ISSUANCE OF CITY OF
FONTANA COMMUNITY FACILITIES DISTRICT NO. 95
(SUMMIT AT ROSENA PHASE TWO ) SPECIAL TAX
BONDS, SERIES 2022 , IN AN AGGREGATE PRINCIPAL
AMOUNT OF NOT TO EXCEED $11,000,000,
AUTHORIZING THE EXECUTION AND DELIVERY OF AN
INDENTURE, A BOND PURCHASE AGREEMENT AND A
CONTINUING DISCLOSURE AGREEMENT,
AUTHORIZING THE DISTRIBUTION OF AN OFFICIAL
STATEMENT IN CONNECTION THER EWITH AND
AUTHORIZING THE EXECUTION OF NECESSARY
DOCUMENTS AND CERTIFICATES AND RELATED
ACTIONS
WHEREAS, the City Council (the “City Council”) of the City of Fontana (the “City”) has formed City of Fontana Community Facilities District No. 95 (Summit at Rosena Phase Two) (the “Community Facilities District”) under the provisions of the Mello -Roos Community Facilities Act of 1982 (the “Act”);
WHEREAS, the Community Facilities District is authorized under the Act to levy special taxes (the “Special Taxes”) to pay for the costs of certain public facilities (the “Facilities”) and to issue bonds payable from the Special Taxes;
WHEREAS, in order to provide funds to finance certain of the Facilities, the Community Facilities District proposes to issue its City of Fontana Community Facilities District No. 95 (Summit at Rosena Phase Two) Special Tax Bonds, Series 2022 (the “Series 2022 Bonds”), in the aggregate principal amount of not to exceed $11,000,000; WHEREAS, in order to provide for the authentication and de livery of the Series 2022 Bonds, to establish and declare the terms and conditions upon which the Series 2022 Bonds are to be issued and secured and to secure the payment of the principal thereof, premium, if any, and interest thereon, the Community Facilities District proposes to enter into an Indenture with U.S.
Bank Trust Company, National Association, as trustee (the “Trustee”) (such Indenture, in the form presented to this meeting, with such changes, insertions and omissions as are made pursuant to this Resolution, being referred to herein as the “Indenture”); WHEREAS, Piper Sandler & Co. (the “Underwriter”), has presented the Community Facilities District with a proposal, in the form of a Bond Purchase Agreement, to purchase the Series 2022 Bonds from the Community Facilities District (such Bond Purchase Agreement, in the form presented to this meeting, with such changes, insertions and omissions as are made pursuant to this Resolution, being referred to herein as the “Purchase Agreement”); WHEREAS, Rule 15c2-12 promulgated under the Securities Exchange Act of 1934 (“Rule 15c2-12”) requires that, in order to b e able to purchase or sell the Series 2022 Bonds, the underwriter thereof must have reasonably determined that the Community Facilities District has, 229
2 4160-5310-2133.3
or one or more appropriate obligated persons have, undertaken in a written agreement or contract for the benefit of the holders of the Series 2022 Bonds to provide disclosure of certain financial information and certain listed events on an ongoing basis; WHEREAS, in order to cause such requirement to be satisfied, the Community Facilities District desires to enter into a Continuing Disclosure Agreement with U.S. Bank Trust Company, National Association in its capacity as trustee and in its capacity as dissemination agent thereunder (such Continuing Disclosure Agreement, in the form presented to this meeting, with such changes, insertions and omissions as are made pursuant to this Resolution, being referred to herein as the “Continuing Disclosure Agreement”);
WHEREAS, a form of the Preliminary Official Statement to be distributed in connection with the public off ering of the Series 2022 Bonds has been prepared (such Preliminary Official Statement, in the form presented to this meeting, with such changes, insertions and omissions as are made pursuant to this Resolution, being referred to herein as the “Preliminary Official Statement”);
WHEREAS, there have been prepared and submitted to this meeting forms of:
(a) the Indenture;
(b) the Purchase Agreement;
(c) the Continuing Disclosure Agreement; and
(d) the Preliminary Official Statement;
WHEREAS, Kitty Siino & Associates, Inc. has prepared and provided to the Community Facilities District an appraisal report, dated April 7, 2022 (the “Appraisal”), providing an opinion of value of the property in the Community Facilities District, which has been submitted to this meeting;
WHEREAS, Section 5852.1 of the California Government Code (the “Government Code”) requires that the City Council obtain from an underwriter, financial advisor or private lender and disclose, in a meeting open to the public, prior to authorization of the issuance of the Series 2022 Bonds, good faith estimates of (a) the true interest cost of the Series 2022 Bonds, (b) the sum of all fees and charges paid to third parties with respect to the Series 2022 Bonds, (c) the amount of proceeds of the Series 2022 Bonds expected to be received net of the fees and charges paid to third parties and any reserves or capit alized interest paid or funded with proceeds of the Series 2022 Bonds, and (d) the sum total of all debt service payments on the Series 2022 Bonds calculated to the final maturity of the Series 2022 Bonds plus the fees and charges paid to third parties not paid with the proceeds of the Series 2022 Bonds; WHEREAS, in compliance with Section 5852.1 of the Government Code , the City Council has obtained from CSG Advisors Incorporated, as the Community Facilities District’s municipal advisor (the “ Municipal Advisor”), the required good faith estimates , which the Municipal Advisor has prepared in consultation with the Underwriter, and such estimates are disclosed and set forth in Exhibit A attached hereto;
230
3 4160-5310-2133.3
WHEREAS, the Community Facilities District desires to pro ceed to issue and sell the Series 2022 Bonds and to authorize the execution of such documents and the performance of such acts as may be necessary or desirable to effect the offering, sale and issuance of the Series 2022 Bonds; and
WHEREAS, the City Council is the legislative body of the Community Facilities District; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, as follows:
Section 1. The foregoing recitals are true and correct, and the City Council so finds and determines.
Section 2. Subject to the provisions of Section 3 hereof, the issuance of the Series 2022 Bonds, in an aggregate principal amount of not to exceed $11,000,000, on the terms and conditions set forth in, and subject to the limitations specified in, the Indenture, be and the same is hereby authorized and approved. The Series 2022 Bonds shall be dated, shall bear interest at the rates, shall mature on the dates, shall be subject to call and redemption, shall be issued in the form and shall be as otherwise provided in the Indenture, as the same shall be completed as provided in this Resolution.
Section 3. The Indenture, in substantially the form submitted to this meeting and made a part hereof as though set forth herein, be and the same is hereby approved. Each of the Mayor of the City, and such other member of the City Council as the Mayor may designate, the City Manager of the City, the Chief Financial Officer, Management Services, of the City and such other officer or employee of the City as the City Manager may designate (the “Authorized Officers”) is hereby authorized, and any one of the Authorized Officers is hereby directed, for and in the name of the Community Facilities District, to execute and deliver the Indenture in the form submitted to this meeting, with such changes, insertions and omissions as the Authorized Officer executing the same may require or approve, such requirement or approval to be conclusively evidenced by the execution of the Indenture by such Authorized Officer; provided, however, that such changes, insertions and omissions shall not authorize an aggregate principal amount of Series 2022 Bonds in excess of $11,000,000, shall not result in a final maturity date of the Series 2022 Bonds later than September 1, 2053 and shall not result in a true interest cost for the Series 2022 Bonds in excess of 6.50%.
Section 4. The Purchase Agreement, in substantially the form submitted to this meeting and made a part hereof as though set forth in full herein, be and the same is hereby approved. Each of the Authorized Officers is hereby authorized, and any one of the Authorized Officers is hereby directed, for and in the name of the Community Facilities District, to execute and deliver the Purchase Agreement in the form presented to this meet ing, with such changes, insertions and omissions as the Authorized Officer executing the same may require or approve, such requirement or approval to be conclusively evidenced by the execution of the Purchase Agreement by such Authorized Officer; provided, however, that such changes, insertions and omissions shall not result in an aggregate underwriter’s discount (not including any original issue discount) from the principal amount of the Series 2022 Bonds in excess of 1.50% of the aggregate principal amount of the Series 2022 Bonds. The City Council hereby finds and determines that the sale of the Series 231
4 4160-5310-2133.3
2022 Bonds at negotiated sale as contemplated by the Purchase Agreement will result in a lower overall cost.
Section 5. The Continuing Disclosure Agreement, in subs tantially the form submitted to this meeting and made a part hereof as though set forth in full herein, be and the same is hereby approved. Each of the Authorized Officers is hereby authorized, and any one of the Authorized Officers is hereby directed, for and in the name of the Community Facilities District, to execute and deliver the Continuing Disclosure Agreement in the form presented to this meeting, with such changes, insertions and omissions as the Authorized Officer executing the same may require or approve, such requirement or approval to be conclusively evidenced by the execution of the Continuing Disclosure Agreement by such Authorized Officer.
Section 6. The Preliminary Official Statement, in substantially the form presented to this meeting and made a par t hereof as though set forth in full herein, with such changes, insertions and omissions therein as may be approved by an Authorized Officer, be and the same is hereby approved, and the use of the Preliminary Official Statement in connection with the offer ing and sale of the Series 2022 Bonds is hereby authorized and approved. Each of the Authorized Officers is hereby authorized, and any one of the Authorized Officers is hereby directed, to certify on behalf of the Community Facilities District that the Preliminary Official Statement is deemed final as of its date, within the meaning of Rule 15c2-12 (except for the omission of certain final pricing, rating and related information as permitted by Rule 15c2-12).
Section 7. The preparation and delivery of a final Offici al Statement (the “Official Statement”), and its use in connection with the offering and sale of the Series 2022 Bonds, be and the same is hereby authorized and approved. The Official Statement shall be in substantially the form of the Preliminary Official Statement, with such changes, insertions and omissions as may be approved by an Authorized Officer, such approval to be conclusively evidenced by the execution and delivery thereof. Each of the Authorized Officers is hereby authorized, and any one of the Authorized Officers is hereby directed, for and in the name of the Community Facilities District, to execute the final Official Statement and any amendment or supplement thereto.
Section 8. Based upon the property values within the Community Facilities District reported in the Appraisal and the value -to-lien information set forth in the Preliminary Official Statement, the City Council, for purposes of Section 53345.8 of the Act, hereby finds and determines that the value of the real property that would be subject to the Special Tax to pay debt service on the Series 2022 Bonds will be at least three times the principal amount of the Series 2022 Bonds to be sold and the principal amount of all other bonds outstanding that are secured by a special tax levied pursuant to the Act on property within the Community Facilities District or a special assessment levied on property within the Community Facilities District.
Section 9. The City Council hereby waives the provisions of the City of Fontana Community Facilities and Assessment Di strict Policy for the Provision of Public Facilities and Services (Operation and Maintenance) and Fee Deferrals in Proposed Development Projects that are inconsistent or in conflict with the offering, issuance and sale of the Series 2022 Bonds and the financing of the Facilities as approved and authorized hereby. In the judgment of the City Council, additional benefit inures to the ultimate property owners, the Community Facilities District and/or the City as a result of such waiver.
232
5 4160-5310-2133.3
Section 10. The City Council hereby approves the execution and delivery of all agreements, documents, certificates and instruments referred to herein with electronic signatures as may be permitted under the California Uniform Electronic Transactions Act and digital signatures as may be permitted under Section 16.5 of the Government Code using DocuSign.
Section 11. All actions heretofore taken by the officers, employees and agents of the City with respect to the issuance and sale of the Series 2022 Bonds, or in connection with or related to any of t he agreements or documents referred to herein, are hereby approved, confirmed and ratified.
Section 12. The Authorized Officers and the officers , employees and agents of the City are, and each of them is, hereby authorized and directed, for and in the name of the Community Facilities District to take all actions and do any and all things and to execute and deliver any and all documents which they , or any of them , may deem necessary or advisable in order to consummate the transactions contemplated by this Resolution and otherwise to carry out, give effect to and comply with the terms and intent of this Resolution not inconsistent with the provisions hereof.
Section 13. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED the 26th day of April, 2022.
__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
233
A-1
4160-5310-2133.3
EXHIBIT A
GOOD FAITH ESTIMATES
The good faith estimates set forth herein are provided with respect to the Series 2022 Bonds in accordance with Section 5852.1 of the Government Code. Such good faith estimates have been provided to the Community Facilities District by the Municipal Advisor, which the Municipal Advisor has prepared in consultation with the Underwriter.
Principal Amount. The Municipal Advisor has informed the Community Facilities District that, based on the Community Facilities District’s financing plan and current market conditions, its good faith estimate of the aggregate principal amount of the Series 2022 Bonds to be issued and sold is $ 9,205,000 (the “Estimated Principal Amount”), which does not include approximately $302,000 of net premium estimated to be generated based on current market conditions. Net premium is generated when, on a net aggregate basis for a single issuance of bonds, the price paid for such bonds is higher than the face value of such bonds. Such Estimated Principal Amount and such estimated net premium amount would produce approximately $9,507,000 of gross proceeds.
True Interest Cost of the Series 2022 Bonds. The Municipal Advisor has informed the Community Facilities District that, a ssuming that the Estimated Principal Amount of the Series 2022 Bonds is issued and sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the true interest cost of the Series 2022 Bonds, which means the rate necessary to discount the amounts payable on the respective principal and interest payment dates to the purchase price received for the Series 2022 Bonds, is 4.47%.
Finance Charge of the Series 2022 Bonds. The Municipal Advisor has informed the Community Facilities District that, a ssuming that the Estimated Principal Amount of the Series 2022 Bonds is issued and sold, and based on market interest rates prevaili ng at the time of preparation of such estimate, its good faith estimate of the finance charge for the Series 2022 Bonds, which means the sum of all fees and charges paid to third parties (or costs associated with the Series 2022 Bonds), is $332,000.
Amount of Proceeds to be Received. The Municipal Advisor has informed the Community Facilities District that, assuming that the Estimated Principal Amount of the Series 2022 Bonds is issued and sold, and based on market interest rates prevailing at the time of p reparation of such estimate, its good faith estimate of the amount of proceeds expected to be received by the Community Facilities District for sale of the Series 2022 Bonds, less the finance charge of the Series 2022 Bonds, as estimated above, and any reserves or capitalized interest paid or funded with proceeds of the Series 2022 Bonds, is $8,601,000.
Total Payment Amount . The Municipal Advisor has informed the Community Facilities District that, assuming that the Estimated Principal Amount of the Series 2022 Bonds is issued and sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the total payment amount, which means the sum total of all payments the Community Facilities District will make to pay debt service on the Series 2022 Bonds, plus the finance charge for the Series 2022 Bonds, as described above, not paid with the proceeds of the Series 2022 Bonds, calculated to the final maturity of the Series 2022 Bonds, is $ 17,105,000, 234
A-2
4160-5310-2133.3
which excludes any reserves or capitalized interest funded or paid with proceeds of the Series 2022 Bonds (which may offset such total payment amount).
The foregoing estimates constitute good faith estimates only and are based on market conditions prevailing at the time of preparation of suc h estimates. The actual principal amount of the Series 2022 Bonds issued and sold, the true interest cost thereof, the finance charges thereof, the amount of proceeds received therefrom and total payment amount with respect thereto may differ from such good faith estimates due to (a) the actual date of the sale of the Series 2022 Bonds being different than the date assumed for purposes of such estimates , (b) the actual principal amount of Series 2022 Bonds issued and sold being different from the Estimated Principal Amount, (c) the actual amortization of the Series 2022 Bonds being different than the amortization assumed for purposes of such estimates, (d) the actual market interest rates at the time of sale of the Series 2022 Bonds being different than those estimated for purposes of such estimates, (e) other market conditions, or (f) alterations in the Community Facilities District’s financing plan, or a combination of such factors. The actual date of sale of the Series 2022 Bonds and the actual principal amount of Series 2022 Bonds issued and sold will be determined by the Community Facilities District based on the timing of the need for proceeds of the Series 2022 Bonds and other factors. The actual interest rates borne by the Series 2022 Bonds will depend on market interest rates at the time of sale thereof. The actual amortization of the Series 2022 Bonds will also depend, in part, on market interest rates at the time of sale thereof. Market interest rates are affected by economic and other factors beyond the control of the Community Facilities District. 235
4160-5310-2133.3
CITY OF FONTANA )
COUNTY OF SAN BERNARDINO )
STATE OF CALIFORNIA )
I, Germaine McClellan Key, City Clerk of the City of Fontana, California, and Ex -Officio Clerk of the City Council, do hereby certify that the foregoing Resolution is the actual Resolution duly and regularly adopted by the City Council of said City at a regular meeting thereof, he ld on April 26, 2022, by the following vote to-wit:
AYES:
NOES:
ABSENT:
City Clerk
Mayor
ATTEST:
City Clerk
236
4147-9500-7541.3
INDENTURE
by and between
CITY OF FONTANA
COMMUNITY FACILITIES DISTRICT NO. 95
(SUMMIT AT ROSENA PHASE TWO)
and
U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION,
AS TRUSTEE
Dated as of _________ 1, 2022
Relating to
City of Fontana
Community Facilities District No. 95
(Summit at Rosena Phase Two)
Special Tax Bonds
237
TABLE OF CONTENTS
Page
i
4147-9500-7541.3
ARTICLE I DEFINITIONS; EQUAL SECURITY ..............................................................3 Section 1.01. Definitions......................................................................................................3 Section 1.02. Rules of Construction ..................................................................................10 Section 1.03. Equal Security ..............................................................................................10 ARTICLE II THE BONDS ...................................................................................................12 Section 2.01. Authorization of Bonds; Special Obligations ..............................................12 Section 2.02. Terms of Series 2022 Bonds ........................................................................12 Section 2.03. Execution of Bonds ......................................................................................13 Section 2.04. Authentication of Bonds ..............................................................................13 Section 2.05. Registration Books .......................................................................................14 Section 2.06. Transfer and Exchange of Bonds .................................................................14 Section 2.07. Book-Entry System ......................................................................................14 Section 2.08. Bonds Mutilated, Lost, Destroyed or Stolen ................................................16 Section 2.09. Temporary Bonds .........................................................................................17 ARTICLE III ISSUANCE OF SERIES 2022 BONDS; APPLICATION OF PROCEEDS; ADDITIONAL BONDS............................................................18 Section 3.01. Issuance of Series 2022 Bonds ....................................................................18 Section 3.02. Application of Proceeds ...............................................................................18 Section 3.03. Costs of Issuance Fund ................................................................................18 Section 3.04. Improvement Fund .......................................................................................19 Section 3.05. Conditions for the Issuance of Additional Bonds ........................................20 Section 3.06. Procedure for the Issuance of Additional Bonds .........................................21 Section 3.07. Additional Bonds .........................................................................................22 ARTICLE IV REDEMPTION OF BONDS ...........................................................................23 Section 4.01. Redemption of Series 2022 Bonds ...............................................................23 Section 4.02. Notice of Redemption ..................................................................................25 Section 4.03. Selection of Bonds for Redemption .............................................................25 Section 4.04. Partial Redemption of Bonds .......................................................................26 Section 4.05. Effect of Notice of Redemption ...................................................................26 ARTICLE V SECURITY FOR BONDS; FLOW OF FUNDS; INVESTMENTS ...............27 Section 5.01. Pledge ...........................................................................................................27 Section 5.02. Special Tax Fund .........................................................................................27 Section 5.03. Bond Fund ....................................................................................................28 238
TABLE OF CONTENTS
Page
ii
4147-9500-7541.3
Section 5.04. Reserve Fund ...............................................................................................28 Section 5.05. Redemption Fund .........................................................................................29 Section 5.06. Rebate Fund .................................................................................................30 Section 5.07. Administrative Expense Fund ......................................................................30 Section 5.08. Investment of Moneys..................................................................................30 ARTICLE VI COVENANTS .................................................................................................33 Section 6.01. Collection of Special Tax Revenues ............................................................33 Section 6.02. Foreclosure ...................................................................................................33 Section 6.03. Compliance with Act ...................................................................................34 Section 6.04. Punctual Payment.........................................................................................34 Section 6.05. Extension of Payment of Bonds ...................................................................34 Section 6.06. Against Encumbrances; Defense of Pledge .................................................34 Section 6.07. Tax Covenants .............................................................................................34 Section 6.08. Non-Cash Payments of Special Taxes .........................................................35 Section 6.09. Reduction in Special Taxes ..........................................................................35 Section 6.10. Continuing Disclosure .................................................................................35 Section 6.11. Accounting Records .....................................................................................35 Section 6.12. State Reporting.............................................................................................36 Section 6.13. Annual Reports to the California Debt and Investment Advisory Commission ...............................................................................................36 Section 6.14. Further Assurances.......................................................................................36 ARTICLE VII EVENTS OF DEFAULT AND REMEDIES ..................................................37 Section 7.01. Events of Default .........................................................................................37 Section 7.02. Foreclosure ...................................................................................................37 Section 7.03. Other Remedies ............................................................................................37 Section 7.04. Remedies Not Exclusive ..............................................................................38 Section 7.05. Application of Net Special Tax Revenues After Default .............................38 Section 7.06. Power of Trustee to Enforce ........................................................................38 Section 7.07. Owners’ Direction of Proceedings ...............................................................39 Section 7.08. Limitation on Owners’ Right to Sue ............................................................39 Section 7.09. Absolute Obligation .....................................................................................39 Section 7.10. Termination of Proceedings .........................................................................39 239
TABLE OF CONTENTS
Page
iii
4147-9500-7541.3
Section 7.11. No Waiver of Default ...................................................................................40 ARTICLE VIII TRUSTEE ........................................................................................................41 Section 8.01. Duties and Liabilities of Trustee ..................................................................41 Section 8.02. Qualifications; Removal and Resignation; Successors ................................41 Section 8.03. Liability of Trustee ......................................................................................42 Section 8.04. Right to Rely on Documents and Opinions .................................................44 Section 8.05. Accounting Records and Financial Statements ............................................44 Section 8.06. Preservation and Inspection of Documents..................................................44 Section 8.07. Compensation and Indemnification .............................................................44 ARTICLE IX SUPPLEMENTAL INDENTURES ................................................................46 Section 9.01. Supplemental Indentures ..............................................................................46 Section 9.02. Effect of Supplemental Indenture ................................................................47 Section 9.03. Endorsement of Bonds; Preparation of New Bonds ....................................47 Section 9.04. Amendment of Particular Bonds ..................................................................47 ARTICLE X DEFEASANCE................................................................................................48 Section 10.01. Discharge of Indenture ...............................................................................48 Section 10.02. Bonds Deemed To Have Been Paid ........................................................48 Section 10.03. Unclaimed Moneys ....................................................................................49 ARTICLE XI MISCELLANEOUS ........................................................................................50 Section 11.01. Notices .......................................................................................................50 Section 11.02. Successor Is Deemed Included in All References to Predecessor .............50 Section 11.03. Limitation of Rights ...................................................................................50 Section 11.04. Destruction of Bonds .................................................................................51 Section 11.05. Severability of Invalid Provisions ..............................................................51 Section 11.06. Evidence of Rights of Owners ...................................................................51 Section 11.07. Disqualified Bonds.....................................................................................51 Section 11.08. Money Held for Particular Bonds ..............................................................52 Section 11.09. Funds and Accounts ...................................................................................52 Section 11.10. Business Days ............................................................................................52 Section 11.11. Waiver of Personal Liability ......................................................................52 Section 11.12. Conflict with Act ........................................................................................52 Section 11.13. Conclusive Evidence of Regularity ...........................................................53 240
TABLE OF CONTENTS
Page
iv
4147-9500-7541.3
Section 11.14. Governing Laws .........................................................................................53 Section 11.15. Electronic Signature ...................................................................................53 Section 11.16. Execution in Several Counterparts .............................................................53 EXHIBIT A PERMITTED INVESTMENTS ................................................................... A-1 EXHIBIT B FORM OF SERIES 2022 BOND ..................................................................B-1 241
4147-9500-7541.3
INDENTURE
THIS INDENTURE (this “Indenture”), dated as of _________ 1, 2022, is by and between CITY OF FONTANA COMMUNITY FACILITIES DISTRICT NO. 95 (SUMMIT AT ROSENA PHASE TWO), a community facilities district organized and existing under the laws of the State of California (the “Community Facilities District”), and U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America, as trustee (the “Trustee”).
W I T N E S S E T H:
WHEREAS, the City Council of the City of Fontana has formed the Community Facilities District under the provisions of the Mello-Roos Community Facilities Act of 1982 (the “Act”); WHEREAS, the Community Facilities District is authorized under the Act to levy special taxes (the “Special Taxes”) to pay for the costs of certain public facilities (the “Facilities”) and to issue bonds payable from the Special Taxes;
WHEREAS, in order to provide funds to finance certain of the Facilities, the Community Facilities District desires to provide for the issuance of City of Fontana Community Facilities District No. 95 (Summit at Rosena Phase Two) Special Tax Bonds, Series 2022 (the “Series 2022 Bonds”), in the aggregate principal amount of not to exceed $__________; WHEREAS, the Community Facilities District desires to provide for the issuance of additional bonds (the “Additional Bonds”) for refunding purposes payable from the Special Taxes on a parity with the Series 2022 Bonds, provided that said issuance is in accordance with the Act and this Indenture (the Series 2022 Bonds and any such Additional Bonds being collectively referred to as the “Bonds”);
WHEREAS, in order to provide for the authentication and delivery of the Bonds, to establish and declare the terms and conditions upon which the Bonds are to be issued and secured and to secure the payment of the principal thereof, premium, if any, and interest thereon, the Community Facilities District has authorized the execution and delivery of this Indenture; and WHEREAS, the Community Facilities District has determined that all acts and proceedings required by law necessary to make the Bonds, when executed by the Community Facilities District, authenticated and delivered by the Trustee and duly issued, the valid, binding and legal special obligations of the Community Facilities District, and to constitute this Indenture a valid and binding agreement for the uses and purposes herein set for th in accordance with its terms, have been done and taken, and the execution and delivery of this Indenture has been in all respects duly authorized;
NOW, THEREFORE, THIS INDENTURE WITNESSETH, that in order to secure the payment of the principal of, premium, if any, and the interest on all Bonds at any time issued and outstanding under this Indenture, according to their tenor, and to secure the performance and observance of all the covenants and conditions therein and herein set forth, and to declare the terms and conditions upon and subject to which the Bonds are to be issued, and in consideration of the premises and of the mutual covenants herein contained and of the purchase and acceptance of the 242
2 4147-9500-7541.3
Bonds by the owners thereof, and for other valuable conside ration, the receipt whereof is hereby acknowledged, the Community Facilities District does hereby covenant and agree with the Trustee, for the benefit of the respective owners from time to time of the Bonds, as follows:
243
3 4147-9500-7541.3
ARTICLE I
DEFINITIONS; EQUAL SECURITY
Section 1.01. Definitions. Unless the context otherwise requires, the terms defined in this Section shall for all purposes of this Indenture and of any certificate, opinion or other document herein mentioned, have the meanings herein specified.
“Act” means the Mello -Roos Community Facilities Act of 1982, constituting Sections 53311 et seq. of the California Government Code.
“Acquisition Account” means the account by that name within the Improvement Fund established and held by the Trustee pursuant to Section 3.04. “Acquisition Agreement” means the Acquisition and Funding Agreement, dated as of April 1, 2019, by and among the Community Facilities District, the City and CalAtlantic Group, Inc., as originally executed and as it may be amended from time to time in accordance with the terms thereof; all of the right, title and interest of CalAtlantic Group, Inc. under the Acquisition Agreement have been assigned to, and all of the obligations of CalAtlantic Group, Inc. under the Acquisition Agreement have been assumed by, the Developer. “Acquisition Facilities” has the meaning ascribed thereto in the Acquisition Agreement. “Additional Bonds” means Bonds other than Series 2022 Bonds issued hereunder in accordance with the provisions of Sections 3.05 and 3.06. “Administrative Expense Fund” means the fund by that name established and held by the Trustee pursuant to Section 5.07.
“Administrative Expenses” means costs directly related to the administration of the Community Facilities District, including: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules and the costs of collecting the Special Taxes, the costs of remitting the Special Taxes to the Trustee, the fees and costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under this Indenture, the costs incurred by the Community Facilities District in complying with the disclosure provisions of any continuing disclosure undertaking and this Indenture, including those related to public inquiries regarding the Special Taxes and disclosures to Owners, the costs of the Community Facilities District related to an appeal of the Special Tax es, any amounts required to be rebated to the federal government in order for the Community Facilities District to comply with Section 6.07, an allocable share of the salaries of the City staff providing services on behalf of the Community Facilities District directly related to the foregoing and a proportionate amount of City general administrative overhead related thereto, and the costs of foreclosure of delinquent Special Taxes. “Annual Debt Service” means, for each Bond Year, the sum of (a) the interest due on the Outstanding Bonds in such Bond Year, assuming that the Outstanding Bonds are retired as scheduled (including by reason of m andatory sinking fund redemptions), and (b) the principal of the Outstanding Bonds due in such Bond Year (including by reason of mandatory sinking fund redemptions).
244
4 4147-9500-7541.3
“Authorized Denominations” means (a) with respect to the Series 2022 Bonds, $5,000 and any integral multiple thereof, and (b) with respect to each Series of Additional Bonds, the authorized denominations for such Series of Additional Bonds specified in the Supplemental Indenture pursuant to which such Additional Bonds are issued. “Authorized Representative” means, with respect to the Community Facilities District, the City Manager of the City and the Chief Financial Officer, Management Services, of the City, and any other Person designated as an Authorized Representative of the Community Facili ties District in a Written Certificate of the Community Facilities District filed with the Trustee. “Average Annual Debt Service” means the average of the Annual Debt Service for all Bond Years, including the Bond Year in which the calculation is made. “Beneficial Owners” means those Persons for which the Participants have caused the Depository to hold Book-Entry Bonds.
“Bond Counsel” means a firm of nationally recognized bond counsel selected by the Community Facilities District.
“Bond Fund” means the fund by that name established and held by the Trustee pursuant to Section 5.03.
“Bond Year” means the twelve-month period beginning on September 2 in each year and extending to the next succeeding September 1, both dates inclusive, except that the first Bond Year shall begin on the Closing Date and end on September 1, 2022. “Bonds” means the City of Fonta na Community Facilities District No. 95 (Summit at Rosena Phase Two) Special Tax Bonds issued hereunder, and includes the Series 2022 Bonds and any Additional Bonds.
“Book-Entry Bonds” means the Bonds of a Series registered in the name of the Depository, or the Nominee thereof, as the registered owner thereof pursuant to the terms and provisions of Section 2.07.
“Business Day” means a day which is not (a) a Saturday, Sunday or legal holiday in the State, (b) a day on which banking institutions in the State, or in any state in which the Office of the Trustee is located, are required or authorized by law (including executive order) to close, or (c) a day on which the New York Stock Exchange is closed. “Cede & Co.” means Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to a Series of Book-Entry Bonds.
“City” means the City of Fontana, a general law city organized and existing under the laws of the State, and its successors.
“City Council” means the City Council of the City.
245
5 4147-9500-7541.3
“Closing Date” means the date upon which the Series 2022 Bonds are delivered to the Original Purchaser, being ___________, 2022.
“Code” means the Internal Revenue Code of 1986.
“Community Facilities District” means City of Fontana Community Facilities District No. 95 (Summit at Rosena Phase Two), a community facilities district organized and existing under the laws of the State, and its successors.
“Construction Account” means the account by that name within the Improvement Fund established and held by the Trustee pursuant to Section 3.04. “Construction Facilities” means the Facilities other than the Acquisition Facilities. “Corresponding Bond Year” means, with respect to any Fiscal Year, the Bond Year that commences in such Fiscal Year.
“Costs of Issuance” means all items of expense directly or indirectly payable by or reimbursable to the Community Facilities District relating to the authorization, issuance, sale and delivery of the Bonds, including printing expenses, rating agency fees, filing and recording fees, initial fees, expenses and charges of the Trustee and its counsel, including the Trustee’s first annual administrative fee, fees, charges and disbursements of attorneys, municipal advisors, accounting firms, consultants and other professionals, fees and char ges for preparation, execution and safekeeping of the Bonds, any premium for bond insurance securing payment of the Bonds and any other cost, charge or fee in connection with the original issuance of the Bonds. “Costs of Issuance Fund” means the fund by that name established and held by the Trustee pursuant to Section 3.03.
“County” means the County of San Bernardino, a county and political subdivision of the State organized and existing under the laws of the State, and any successor thereto. “County Assessor” means the Assessor of the County.
“County Auditor” means the Auditor-Controller of the County. “Defeasance Securities” means (a) non-callable direct obligations of the United States of America (“United States Treasury Obligations”), and (b) evidences of ownership of proportionate interests in future interest and principal payments on United States Treasury Obligations held by a bank or trust company as custodian, under which the owner of the investment is the real party in interest and has the right to proceed directly and individually against the obligor and the underlying United States Treasury Obligations are not available to any person claiming through the custodian or to whom the custodian may be obligated.
“Depository” means DTC, and its successors as securities depository for any Series of Book-Entry Bonds, including any such successor appointed pursuant to Section 2.07. 246
6 4147-9500-7541.3
“Developer” means Lennar Homes of California, LLC, a limited liability company organized and existing under the laws of the State, and any successor thereto. “Developer Continuing Disclosure Agreement” means the Continuing Disclosure Agreement, dated as of _________ 1, 2022, by and between the Developer and U.S. Bank Trust Company, National Association, in its capacity as Trustee and in its capacity as dissemination agent thereunder, as originally executed and as it may be amended from time to time in accordance with the terms thereof.
“District Continuing Disclosure Agreement” means the Continuing Discl osure Agreement, dated as of _________ 1, 2022, by and between the Community Facilities District and U.S. Bank Trust Company, National Association , in its capacity as Trustee and in its capacity as dissemination agent thereunder, as originally executed and as it may be amended , supplemented or otherwise modified from time to time in accordance with the terms thereof. “DTC” means The Depository Trust Company, a limited-purpose trust company organized under the laws of the State of New York.
“Event of Default” means any event specified in Section 7.01. “Facilities” means the public facilities authorized to be financed by the Community Facilities District, as described in the Resolution of Formation. “Fiscal Year” means the period beginning on July 1 of each y ear and ending on the next succeeding June 30, or any other twelve -month period hereafter selected and designated as the official fiscal year period of the Community Facilities District. “Improvement Fund” means the fund by that name established and held b y the Trustee pursuant to Section 3.04.
“Indenture” means this Indenture, dated as of _________ 1, 2022 , by and between the Community Facilities District and U.S. Bank Trust Company, National Association, as Trustee, as originally executed and as it may be modified or amended from time to time by any Supplemental Indenture.
“Independent Consultant” means any consultant or firm of such consultants selected by the Community Facilities District and who, or each of whom (a) is generally recognized to be qualified in the financial consulting field, (b) is in fact independent and not under the control of the Community Facilities District or the City, (c) does not have any substantial interest, direct or indirect, with or in the Community Facilities District or the City, with or in any owner of real property in the Community Facilities District or in any real property in the Community Facilities District, and (d) is not connected with the Community Facilities District or the City as an officer or employee thereof, but who may be regularly retained to make reports to the Community Facilities District or the City.
“Interest Account” means the account by that name within the Bond Fund established and held by the Trustee pursuant to Section 5.03.
247
7 4147-9500-7541.3
“Interest Payment Dates” means March 1 and September 1 of each year, commencing _________ 1, 20__.
“Letter of R epresentations” means the Letter of Representations from the Community Facilities District to the Depository, in which the Community Facilities District makes certain representations with respect to issues of its securities for deposit by the Depository. “Maximum Annual Debt Service” means the largest Annual Debt Service for any Bond Year, including the Bond Year in which the calculation is made. “Moody’s” means Moody’s Investors Service, Inc., a corporation duly organized and existing under the laws of the State of Delaware, and its successors and assigns, except that if such entity shall be dissolved or liquidated or shall no longer perform the functions of a securities rating agency, then the term “Moody’s” shall be deemed to refer to any other nationally recognized securities rating agency selected by the Community Facilities District. “Net Special Tax Revenues” means Special Tax Revenues, less amounts required to pay Administrative Expenses.
“Nominee” means the nominee of the Depository, which may be the Depository, as determined from time to time pursuant to Section 2.07.
“Office of the Trustee” means the principal corporate trust office of the Trustee in Los Angeles, California or such other office as may be specified to the Community Facilities Distric t by the Trustee in writing; provided, however, that with respect to presentation of Bonds for payment or for registration of transfer and exchange, such term shall mean the office or agency of the Trustee at which, at any particular time, its corporate trust agency business shall be conducted, which other office or agency shall be specified to the Community Facilities District by the Trustee in writing.
“Ordinance Levying Special Taxes” means any ordinance adopted by the City Council levying the Special Taxes.
“Original Purchaser” means the original purchaser of the Series 2022 Bonds from the Community Facilities District.
“Outstanding” means, when used as of any particular time with reference to Bonds, subject to the provisions of Section 11.07, all Bonds theretofore, or thereupon being, authenticated and delivered by the Trustee under this Indenture except (a) Bonds theretofore canceled by the Trustee or surrendered to the Trustee for cancellation, (b) Bonds with respect to which all liability of the Community Facilities District shall have been discharged in accordance with Section 10.01, and (c) Bonds in lieu of which other Bonds shall have been authenticated and delivered by the Trustee, or that have been paid without surrender thereof, pursuant to Section 2.08. “Owner” means, with respect to a Bond, the Person in whose name such Bond is registered on the Registration Books.
248
8 4147-9500-7541.3
“Participant” means any entity which is recognized as a participant by DTC in the book- entry system of maintaining records with respect to Book-Entry Bonds. “Participating Underwriter” has the meaning ascribed to such term in the District Continuing Disclosure Agreement and the Developer Continuing Disclosure Agreement. “Payment Request” has the meaning ascribed to such term in the Acquisition Agreement. “Permitted Investments” is defined in Exhibit A hereto. “Person” means an individual, corporation, limited liability company, firm, association, partnership, trust or other legal entity or group of entities, including a governmental entity or any agency or political subdivision thereof.
“Principal Account” means the account by that name within the Bond Fund established and held by the Trustee pursuant to Section 5.03.
“Rate and Method” means the rate and method of apportionment of the Special Taxes approved by the qualified electors of the Community Facilities District. “Rebate Fund” means the fund by that name established and held by the Trustee pursuant to Section 5.06.
“Rebate Requirement” has the meaning ascribed to such term in the Tax Certificate. “Record Date” means, with respect to interest payable on any Interest Payment Date, the 15th calendar day of the month preceding such Interest Payment Date, whether or not such day is a Business Day.
“Redemption Fund” means the fund by that name established and held by the Trustee pursuant to Section 5.05.
“Redemption Price” means the aggregate amount of principal of and premium, if any, on the Bonds upon the redemption thereof pursuant hereto.
“Registration Books” means the records maintained by the Trustee for the registration of ownership and registration of transfer of the Bonds pursuant to Section 2.05. “Reserve Fund” means the fund by that name established and held by the Trustee pursuant to Section 5.04.
“Reserve Requirement” means, as of the date of any calculation, the least of (a) “10% of the proceeds of the issue,” within the meaning of Section 148 of the Code (excluding Bonds refunded with the proceeds of subsequently issued Bonds), (b) Maximum Annual Debt Service, and (c) 125% of Average Annual Debt Service.
249
9 4147-9500-7541.3
“Resolution of Formation” means Resolution No. 2019-055, adopted by the City Council on April 23, 2019 , as originally adopted and as it may be amended , supplemented or otherwise modified from time to time.
“S&P” means S&P Global Ratings , a business unit of Standard and Poor’s Financial Services, LLC , and its successors and assigns, except that if such entity shall be dissolved or liquidated or shall no longer perform the functions of a securities rating agency, then the term “S&P” shall be deemed to refer to any other nationally recognized securities rating agency selected by the Community Facilities District.
“Series” means the initial series of Bonds executed, authenticated and delivered on the date of initial issuance of the Bonds and identified pursuant to this Indenture as the Series 2022 Bonds, and any Additional Bonds issued pursuant to a Supplemental Indenture and identified as a separate Series of Bonds.
“Series 2022 Bonds” means the City of Fontana Community Facilities District No. 95 (Summit at Rosena Phase Two) Special Tax Bonds, Series 2022, issued hereunder. “Special Tax Fund” means the fund by tha t name established and held by the Trustee pursuant to Section 5.02.
“Special Tax Revenues” means the proceeds of the Special Taxes received by or on behalf of the Community Facilities District, including any prepayments thereof, interest and penalties thereon and proceeds of the redemption or sale of property sold as a result of foreclosure of the lien of the Special Taxes, which shall be limited to the amount of said lien and interest and penalties thereon.
“Special Taxes” means the special taxes described and defined in the Rate and Method as the “Facilities Special Tax ” approved by the qualified electors of the Community Facilities District.
“State” means the State of California.
“Supplemental Indenture” means any supplemental indenture modifying or amending this Indenture, but only if and to the extent that such Supplemental Indenture is specifically authorized hereunder.
“Tax Certificate” means the Tax Certificate executed by the Community Facilities District at the time of issuance of the Series 2022 Bonds relating to the requirements of Section 148 of the Code, as originally executed and as it may be amended , supplemented or otherwise modified from time to time in accordance with the terms thereof. “Trustee” means U.S. Bank Trust Company, National Association , a national banking association organized and existing under the laws of the United States of America, or any successor thereto as Trustee hereunder substituted in its place as provided herein. “Verification Report” means, with respect to the deemed payment of Bonds pursuant to clause (ii) of Section 10.02(a), a report of a nationally recognized certified public accountant, or 250
10 4147-9500-7541.3
firm of such accountants, verifying that the Defeasance Securities and cash, if any, deposited in connection with such deemed payment satisfy the requirements of clause (ii) of Section 10.02(a). “Written Certificate” and “Written Request” of the Community Facilit ies District mean, respectively, a written certificate or written request signed in the name of the Community Facilities District by an Authorized Representative. Any such certificate or request may, but need not, be combined in a single instrument with any other instrument, opinion or representation, and the two or more so combined shall be read and construed as a single instrument.
Section 1.02. Rules of Construction . (a) The terms defined herein expressed in the singular shall, unless the context otherwise indicates, include the plural and vice versa. (b) The use herein of the masculine, feminine or neuter gender is for convenience only and shall be deemed and construed to include correlative words of the masculine, feminine or neuter gender, as appropriate.
(c) References herein to a document shall include all amendments, supplements or other modifications to such document, and any replacements, substitutions or novation of, that document.
(d) Any term defined herein by reference to another document shall continue to have the meaning ascribed thereto whether or not such other document remains in effect. (e) The use herein of the words “including” and “includes,” and words of similar import, shall be deemed to be followed by the phrase “without limitation.” (f) Headings of Articles and Sections herein and the table of contents hereof are solely for convenience of reference, do not constitute a part hereof and shall not affect the meaning, construction or effect hereof.
(g) All references herein to designated “Articles,” “Sections,” “Exhibits,” “subsections,” “paragraphs,” “clauses,” and other subdivisions are to the designated Articles, Sections, Exhibits, subsections, paragraphs, clauses, and other subdivisions of this Indenture. (h) The words “hereof” (except when preceded by a specific Section or Article reference) “herein,” “hereby,” “hereunder,” “hereinabove,” “hereinafter,” and other equivalent words and phrases used herein refer to this Indenture and not solely to the particular portion hereof in which any such word is used.
Section 1.03. Equal Security. In consideration of the acceptance of the Bonds by the Owners thereof, this Indenture shall be deemed to be and shall constitute a contract among the Community Facilities District, the Trustee and t he Owners from time to time of all Bonds authorized, executed, issued and delivered hereunder and then Outstanding to secure the full and final payment of the principal of, premium, if any, and interest on all Bonds which may from time to time be authorize d, executed, issued and delivered hereunder, subject to the agreements, conditions, covenants and provisions contained herein; and all agreements and covenants set forth herein to be performed by or on behalf of the Community Facilities District shall be f or the equal and proportionate benefit, protection and security of all Owners of the Bonds without distinction, 251
11 4147-9500-7541.3
preference or priority as to security or otherwise of any Bonds over any other Bonds by reason of the number or date thereof or the time of authorization, sale, execution, issuance or delivery thereof or for any cause whatsoever, except as expressly provided herein or therein. 252
12 4147-9500-7541.3
ARTICLE II
THE BONDS
Section 2.01. Authorization of Bonds ; Special Obligations . (a) The Community Facilities District hereby au thorizes the issuance of the Bonds under and subject to the terms of this Indenture, the Act and other applicable laws of the State. The Bonds may consist of one or more Series of Bonds of varying dates, maturities, interest rates and other provisions, sub ject to the provisions and conditions contained herein. The Bonds shall be designated generally as the “City of Fontana Community Facilities District No. 95 (Summit at Rosena Phase Two) Special Tax Bonds,” each Series thereof to bear such additional design ation as may be necessary or appropriate to distinguish such Series from every other Series of Bonds. (b) The Bonds shall be special obligations of the Community Facilities District, payable, as provided herein, solely from Net Special Tax Revenues and the oth er assets pledged therefor hereunder. Neither the faith and credit nor the taxing power of the Community Facilities District (except to the limited extent set forth herein), the City or the State, or any political subdivision thereof, is pledged to the payment of the Bonds.
Section 2.02. Terms of Series 2022 Bonds. (a) The Series 2022 Bonds shall be designated “City of Fontana Community Facilities District No. 95 (Summit at Rosena Phase Two) Special Tax Bonds, Series 2022.” The aggregate principal amount of Series 2022 Bonds that may be issued and Outstanding under this Indenture shall not exceed $ __________, except as may be otherwise provided in Section 2.08.
(b) The Series 2022 Bonds shall be issued in fully-registered form without coupons in Authorized Denominations, so long as no Series 2022 Bond shall have more than one maturity date. The Series 2022 Bonds shall be dated as of the Closing Date, shall be in the aggregate principal amount of $__________, shall mature on September 1 of each year, shall bear interest at the rates per annum (calculated on the basis of a 360-day year comprised of twelve 30-day months) and shall be in the principal amounts as follows:
Maturity Date
(September 1)
Principal
Amount
Interest
Rate
$ %
253
13 4147-9500-7541.3
(c) Interest on the Series 2022 Bonds shall be payable from the Interest Payment Date next preceding the date of authentication thereof unless (i) a Series 2022 Bond is authenticated on or before an Interest Payment Date and after the close of business on the preceding Record Date, in which event interest thereon shall be payable from such Interest Payment Date, (ii) a Series 2022 Bond is authenticated on or before the first Record Date, in which event interest thereon shall be payable from the Closing Date, or (iii) interest on any Series 2022 Bond is in default as of the date of authentication thereof, in which event interest thereon shall be payable from the date to which interest has previously been paid or duly provided for. Interest shall be paid in lawful money of the United States on each Interest Payment Date. Interest shall be paid by check of the Trustee mailed by first -class mail, postage prepaid, on each Interest Payment Date to the Owners of the Series 2022 Bonds at their respective addresses shown on the Registration Books as of th e close of business on the preceding Record Date. Notwithstanding the foregoing, interest on any Series 2022 Bond that is not punctually paid or duly provided for on any Interest Payment Date shall, if and to the extent that amounts subsequently become available therefor, be paid on a payment date established by the Trustee to the Person in whose name the ownership of such Series 2022 Bond is registered on the Registration Books at the close of business on a special record date to be established by the Trustee for the payment of such defaulted interest, notice of which shall be given to such Owner not less than ten days prior to such special record date. (d) The principal of the Series 2022 Bonds shall be payable in lawful money of the United States of America u pon presentation and surrender thereof upon maturity or earlier redemption at the Office of the Trustee.
(e) The Series 2022 Bonds shall be subject to redemption as provided in Article IV. (f) The Series 2022 Bonds shall be in substantially the form set forth in E xhibit B hereto, with appropriate or necessary insertions, omissions and variations as permitted or required hereby.
Section 2.03. Execution of Bonds . The Bonds shall be executed in the name and on behalf of the Community Facilities District with the manual or facsimile signature of the Mayor of the City attested by the manual or facsimile signature of the City Clerk of the City. The Bonds shall then be delivered to the Trustee for authentication by it. In case any of such officers who shall have signed or attested any of the Bonds shall cease to be such officers before the Bonds so signed or attested shall have been authenticated or delivered by the Trustee, or issued by the Community Facilities District, such Bonds may nevertheless be authenticated, delivered and issued and, upon such authentication, delivery and issue, shall be as binding upon the Community Facilities District as though those who signed and attested the same had continued to be such officers, and also any Bonds may be signed and attested on behalf of the Community Facilities District by such Persons as at the actual date of execution of such Bonds shall be the proper officers of the City although at the nominal date of such Bonds any such Person shall not have been such officer of the City.
Section 2.04. Authentication of Bonds. Only such of the Bonds as shall bear thereon a certificate of authentication substantially in the form as that set fort h in Exhibit B hereto for the Series 2022 Bonds, manually executed by the Trustee, shall be valid or obligatory for any purpose or entitled to the benefits of this Indenture, and such certificate of the Trustee shall be conclusive 254
14 4147-9500-7541.3
evidence that the Bonds s o authenticated have been duly executed, authenticated and delivered hereunder and are entitled to the benefits of this Indenture.
Section 2.05. Registration Books . The Trustee shall keep or cause to be kept, at the Office of the Trustee, sufficient records for the registration and transfer of ownership of the Bonds, which shall be open to inspection during regular business hours and upon reasonable notice by the Community Facilities District. Upon presentation for such purpose, the Trustee shall, under such reasonable regulations as it may prescribe, register or transfer or cause to be registered or transferred, on such records, the ownership of the Bonds.
Section 2.06. Transfer and Exchange of Bonds. (a) Any Bond may be transferred upon the Registration Books by the Person in whose name it is registered, in person or by such Person’s duly authorized attorney, upon surrender of such Bond to the Trustee for cancellation, accompanied by delivery of a written instrument of transfer, duly executed in a form acceptable to the Trustee. Whenever any Bond or Bonds shall be so surrendered for transfer, the Community Facilities District shall execute and the Trustee shall authenticate and shall deliver a new Bond or Bonds of the same Series and maturity in a like aggregate p rincipal amount, in any Authorized Denomination. The Trustee shall require the Owner requesting such transfer to pay any tax or other governmental charge required to be paid with respect to such transfer. (b) The Bonds may be exchanged at the Office of the Tru stee for a like aggregate principal amount of Bonds of the same Series and maturity of other Authorized Denominations.
The Trustee shall require the payment by the Owner requesting such exchange of any tax or other governmental charge required to be paid with respect to such exchange. (c) The Trustee shall not be obligated to make any transfer or exchange of Bonds of a Series pursuant to this Section during the period established by the Trustee for the selection of Bonds of such Series for redemption, or with r espect to any Bonds of such Series selected for redemption.
Section 2.07. Book-Entry System. (a) Prior to the issuance of a Series of Bonds, the Community Facilities District may provide that such Series of Bonds shall initially be issued as Book-Entry Bonds, and in such event, the Bonds of such Series for each maturity date shall be in the form of a separate single fully -registered Bond (which may be typewritten). Upon initial issuance, the ownership of each such Bond of such Series shall be registered in the Registration Books in the name of the Nominee, as nominee of the Depository. The Series 2022 Bonds shall initially be issued as Book-Entry Bonds.
Payment of principal of, and interest and premium, if any, on, any Book -Entry Bond registered in the n ame of the Nominee shall be made on the applicable payment date by wire transfer of New York clearing house or equivalent next day funds or by wire transfer of same day funds to the account of the Nominee. Such payments shall be made to the Nominee at the address which is, on the Record Date, shown for the Nominee in the Registration Books. (b) With respect to Book -Entry Bonds, the Community Facilities District and the Trustee shall have no responsibility or obligation to any Participant or to any Person on beh alf of which such a Participant holds an interest in such Book -Entry Bonds. Without limiting the 255
15 4147-9500-7541.3
immediately preceding sentence, the Community Facilities District and the Trustee shall have no responsibility or obligation with respect to (i) the accuracy o f the records of the Depository, the Nominee or any Participant with respect to any ownership interest in Book -Entry Bonds, (ii) the delivery to any Participant or any other Person, other than an Owner as shown in the Registration Books, of any notice with respect to Book-Entry Bonds, including any notice of redemption, (iii) the selection by the Depository and its Participants of the beneficial interests in Book-Entry Bonds of a maturity to be redeemed in the event such Book -Entry Bonds are redeemed in par t, (iv) the payment to any Participant or any other Person, other than an Owner as shown in the Registration Books, of any amount with respect to principal of, or premium, if any, or interest on Book -Entry Bonds, or (v) any consent given or other action taken by the Depository as Owner. (c) The Community Facilities District and the Trustee may treat and consider the Person in whose name each Book -Entry Bond is registered in the Registration Books as the absolute Owner of such Book -Entry Bond for the purpose of payment of principal of, and premium, if any, and interest on such Bond, for the purpose of selecting any Bonds, or portions thereof, to be redeemed, for the purpose of giving notices of redemption and other matters with respect to such Book -Entry Bond, fo r the purpose of registering transfers with respect to such Book-Entry Bond, for the purpose of obtaining any consent or other action to be taken by Owners and for all other purposes whatsoever, and the Community Facilities District and the Trustee shall not be affected by any notice to the contrary.
(d) In the event of a redemption of all or a portion of a Book -Entry Bond, the Depository, in its discretion (i) may request the Trustee to authenticate and deliver a new Book - Entry Bond, or (ii) if the Depository is the sole Owner of such Book -Entry Bond, shall make an appropriate notation on the Book-Entry Bond indicating the date and amounts of the reduction in principal thereof resulting from such redemption, except in the case of final payment, in which case such Book-Entry Bond must be presented to the Trustee prior to payment. (e) The Trustee shall pay all principal of, and premium, if any, and interest on the Book-Entry Bonds only to or “upon the order of” (as that term is used in the Uniform Commercial Code as adopted in the State) the respective Owner, as shown in the Registration Books, or such Owner’s respective attorney duly authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge the obligations with respect to payment of principal of, and premium, if any, and interest on the Book -Entry Bonds to the extent of the sum or sums so paid.
No Person other than an Owner, as shown in the Registration Books, shall receive an authenticated Book-Entry Bond. Upon delivery b y the Depository to the Owners, the Community Facilities District and the Trustee of written notice to the effect that the Depository has determined to substitute a new nominee in place of the Nominee, and subject to the provisions herein with respect to Record Dates, the word Nominee in this Indenture shall refer to such nominee of the Depository. (f) In order to qualify the Book-Entry Bonds for the Depository’s book-entry system, the Community Facilities District shall execute and deliver to the Depository a Letter of Representations. The execution and delivery of a Letter of Representations shall not in any way impose upon the Community Facilities District or the Trustee any obligation whatsoever with respect to Persons having interests in such Book-Entry Bonds other than the Owners, as shown on the Registration Books. Such Letter of Representations may provide the time, form, content and manner of transmission, of notices to the Depository. In addition to the execution and delivery of 256
16 4147-9500-7541.3
a Letter of Representations by the Community Facilities District, the Community Facilities District and the Trustee shall take such other actions, not inconsistent with this Indenture, as are reasonably necessary to qualify Book-Entry Bonds for the Depository’s book-entry program. (g) In the event the Community Facilities District determines that it is in the best interests of the Beneficial Owners that they be able to obtain certificated Bonds and that such Bonds should therefore be made available, and notifies the Depository and the Trustee of such determination, the Depository will notify the Participants of the availability through the Depository of certificated Bonds. In such event, the Trustee shall transfer and exchange certificated Bonds as requested by the Depository and any o ther Owners in appropriate amounts. In the event (i) the Depository determines not to continue to act as securities depository for Book-Entry Bonds, or (ii) the Depository shall no longer so act and gives notice to the Trustee of such determination, then the Community Facilities District shall discontinue the Book-Entry system with the Depository. If the Community Facilities District determines to replace the Depository with another qualified securities depository, the Community Facilities District shall prepare or direct the preparation of a new single, separate, fully-registered Bond of the appropriate Series for each maturity date of such Book-Entry Bonds, registered in the name of such successor or substitute qualified securities depository or its nomine e. If the Community Facilities District fails to identify another qualified securities depository to replace the Depository, then the Book -Entry Bonds shall no longer be restricted to being registered in the Registration Books in the name of the Nominee, b ut shall be registered in whatever name or names the Owners transferring or exchanging such Bonds shall designate, in accordance with the provisions of Sections 2.06, 2.08 and 2.09. Whenever the Depository requests the Community Facilities District to do so, the Community Facilities District shall cooperate with the Depository in taking appropriate action after reasonable notice (i) to make available one or more separate certificates evidencing the Book -Entry Bonds to any Participant having Book -Entry Bonds credited to its account with the Depository, and (ii) to arrange for another securities depository to maintain custody of certificates evidencing the Book-Entry Bonds. (h) Notwithstanding any other provision of this Indenture to the contrary, if the Depository is the sole Owner of the Bonds of a Series, so long as any Book -Entry Bond of such Series is registered in the name of the Nominee, all payments of principal of, and premium, if any, and interest on such Book-Entry Bond and all notices with respect to such Book-Entry Bond shall be made and given, respectively, as provided in the Letter of Representations or as otherwise instructed by the Depository.
(i) In connection with any notice or other communication to be provided to Owners pursuant to this Indenture by the Community Facilities District or the Trustee, with respect to any consent or other action to be taken by Owners of Book -Entry Bonds, the Trustee shall establish a record date for such consent or other action and give the Depository notice of such record date not less than 15 calendar days in advance of such record date to the extent possible.
Section 2.08. Bonds Mutilated, Lost, Destroyed or Stolen . If any Bond shall become mutilated, the Community Facilities District, at the expense of the Owner of said Bond, s hall execute, and the Trustee shall thereupon authenticate and deliver, a new Bond of the same Series and maturity in a like principal amount in exchange and substitution for the Bond so mutilated, but only upon surrender to the Trustee of the Bond so mutilated. Every mutilated Bond so surrendered to the Trustee shall be canceled by it and delivered to, or upon the order of, the Community 257
17 4147-9500-7541.3
Facilities District. If any Bond shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the Trustee and, if such evidence and indemnity reasonably satisfactory to the Trustee shall be given, the Community Facilities District, at the expense of the Owner, shall execute, and the Trustee shall thereupon authenticate and deliver, a new Bond of the same Series and maturity in a like aggregate principal amount in lieu of and in replacement for the Bond so lost, destroyed or stolen (or if any such Bond shall have matured or shall have been selected for redemption, instead of issuing a re placement Bond, the Trustee may pay the same without surrender thereof). The Community Facilities District may require payment by the Owner of a sum not exceeding the actual cost of preparing the replacement Bond delivered thereto under this Section and th e expenses incurred by the Community Facilities District and the Trustee in connection therewith. Any Bond of a Series issued under the provisions of this Section in lieu of any Bond of such Series alleged to be lost, destroyed or stolen shall constitute an original additional contractual obligation on the part of the Community Facilities District whether or not the Bond so alleged to be lost, destroyed or stolen be at any time enforceable by anyone, and shall be entitled to the benefits of this Indenture with all other Bonds of such Series secured by this Indenture.
Section 2.09. Temporary Bonds. The Bonds of a Series may be issued in temporary form exchangeable for definitive Bonds of such Series when ready for delivery. Any temporary Bonds may be printed, lithographed or typewritten, shall be of such Authorized Denominations as may be determined by the Community Facilities District, shall be in fully -registered form without coupons and may contain such reference to any of the provisions of this Indenture as may be appropriate. Every temporary Bond shall be executed by the Community Facilities District and authenticated by the Trustee upon the same conditions and in substantially the same manner as the definitive Bonds. If the Community Facilities District issues temporary Bonds of a Series it shall execute and deliver definitive Bonds of such Series as promptly thereafter as practicable, and thereupon the temporary Bonds of such Series may be surrendered, for cancellation, at the Office of the Trustee and the Trustee shall authenticate and deliver, in exchange for such temporary Bonds, an equal aggregate principal amount of definitive Bonds of such Series and maturities in Authorized Denominations. Until so exchanged, the temporary Bonds of such Series shal l be entitled to the same benefits under this Indenture as definitive Bonds of such Series authenticated and delivered hereunder.
258
18 4147-9500-7541.3
ARTICLE III
ISSUANCE OF SERIES 2022 BONDS; APPLICATION OF PROCEEDS;
ADDITIONAL BONDS
Section 3.01. Issuance of Series 2022 Bonds. The Community Facilities District may, at any time, execute the Series 2022 Bonds and deliver the same to the Trustee. The Trustee shall authenticate the Series 2022 Bonds and deliver the Series 2022 Bonds to the Original Purchaser upon receipt of a Written Request of the Community Facilities District and upon receipt of the purchase price therefor.
Section 3.02. Application of Proceeds. (a) On the Closing Date, the proceeds of the sale of the Series 2022 Bonds received by the Trustee, $__________, shall be deposited by the Trustee as follows:
(i) the Trustee shall deposit the amount of $________ in the Costs of Issuance Fund;
(ii) the Trustee shall deposit the amount of $ ________ in the Reserve Fund, which is equal to the Reserve Requirement;
(iii) the Trustee shall deposit the amount of $ ________ in the Acquisition Account; and
(iv) the Trustee shall deposit the amount of $ ________ in the Construction Account.
(b) [On the Closing Date, the amount transferred by the Community Facilities District to the Trustee, $________, which consists of Special Taxes collected by the Community Facilities District, shall be deposited by the Trustee as follows:
(i) the Trustee shall deposit the amount of $________ in the Interest Account; and
(ii) the Trustee shall deposit the amount of $ ________ in the Construction Account.]
Section 3.03. Costs of Issuance Fund . (a) The Trustee shall establish and maintain a separate fund designated the “Costs of Issuance Fund.” On the Closing Date, the Trustee sh all deposit in the Costs of Issuance Fund the amount required to be deposited therein pursuant to Section 3.02. There shall additionally be deposited in the Cost of Issuance Fund the portion, if any, of the proceeds of the sale of any Additional Bonds requ ired to be deposited therein under the Supplemental Indenture pursuant to which such Additional Bonds are issued. (b) The moneys in the Costs of Issuance Fund shall be used and withdrawn by the Trustee from time to time to pay the Costs of Issuance upon submis sion of a Written Request of the Community Facilities District stating (i) the Person to whom payment is to be made, (ii) the amount to be paid, (iii) the purpose for which the obligation was incurred, (iv) that such payment 259
19 4147-9500-7541.3
is a proper charge against the Costs of Issuance Fund, and (v) that such amount has not been the subject of a prior disbursement from the Costs of Issuance Fund, in each case together with a statement or invoice for each amount requested thereunder. On the last Business Day that is no later than six months after the Closing Date, the Tru stee shall transfer any amount remaining in the Costs of Issuance Fund to the Construction Account and, upon making such transfer, the Costs of Issuance Fund shall be closed.
(c) If the Costs of Issuance Fund has been closed in accordance with the provisions hereof, the Costs of Issuance Fund shall be reopened and reestablished by the Trustee in connection with the issuance of any Additional Bonds, if so provided in the Supplemental Indenture pursuant to which such Additional Bonds are issued.
Section 3.04. Improvement Fun d. (a) The Trustee shall establish and maintain a separate fund designated the “Improvement Fund.” Within the Improvement Fund, the Trustee shall establish and maintain a separate account designated the “Acquisition Account” and a separate account designated the “Construction Account.” On the Closing Date, the Trustee shall deposit in the Acquisition Account and the Construction Account the respective amounts required to be deposited therein pursuant to Section 3.02.
The moneys in the Acquisition Account shall be used and withdrawn by the Trustee from time to time to pay the costs of the Acquisition Facilities upon submission of a Written Request of the Community Facilities District stating (i) the Person to whom payment is to be made, (ii) t he amount to be paid, (iii) the purpose for which the obligation was incurred, (iv) that such payment constitutes a cost of the Acquisition Facilities and is a proper charge against the Acquisition Account, (v) that such amount ha s not been the subject of a prior disbursement from the Acquisition Account, and (vi) whether or not such costs of the Acquisition Facilities are to be paid pursuant to a Payment Request submitted in accordance with the Acquisition Agreement, in each case together with a statement or invoice for each amount requested thereunder. If costs of the Acquisition Facilities are to be paid pursuant to a Payment Request submitted in accordance with the Acquisition Agreement, a duplicate original of the signed and approved Payment Request relating to such costs of the Acquisition Facilities, together with all exhibits and attachments thereto, must accompany such Written Request of the Community Facilities District.
Upon the filing of a Written Certificate of the Community Facilities District stating (i) that the portion of the Acquisition Facilities to be financed from the Acquisition Account has been completed and that all costs of such Acquisition Facilities have been paid, or (ii) that such portion of the Acquisition Facilities has been substantially completed and that all remaining costs of such portion of the Acquisition Facilities have been determined and specifying the amount to be retained therefor, the Trustee shall transfer all of the amount remaining in the Acquisition Account (less any such retention) to the Construction Account.
(b) The moneys in the Construction Account shall be used and withdrawn by the Trustee from time to time to pay the costs of the Construction Facilities upon submission of a Written Request of the Community Facilities District stating (i) the Person to whom payment is to be made, (ii) the amount to be paid, (iii) the purpose for which the obligation was incurred, (iv) that such payment constitutes a cost of the Construction Facilities and is a proper charge agains t the Construction Account , and (v) that such amount ha s not been the subject of a prior 260
20 4147-9500-7541.3
disbursement from the Construction Account, in each case together with a statement or invoice for each amount requested thereunder. Additionally, upon submission of a Written Request of the Community Facilities District stating (i) that a portion of the amount on deposit in the Construction Account is to be transferred to the Acquisition Account, and (ii) the amount to be so transferred, the Trustee shall transfer such amount from the Construction Account to the Acquisition Account.
Upon the filing of a Written Certificate of the Community Facilities District stating (i) that the portion of the Construction Facilities to be financed from the Construction Account has been completed and that all costs of such Construction Facilities have been paid, or (ii) that such portion of the Construction Facilities has been substantially completed and that all remaining costs of such portion of the Construction Facilities have been determined and specifying the amount to be retained therefor, the Trustee shall (A) if the amount remaining in the Construction Account (less any such retention) is equal to or greater than $25,000, transfer the portion of such amount equal to the largest integral multiple of $5,000 that is not greater than such amount to the Redemption Fund, to be applied to the redemption of Bonds, and (B) after making the transfer, if any, required to be made pursuant to the preceding clause (A), transfer all of the amount remaining in the Construction Account (less any such retention) to the Bond Fund, to be applied to the payment of interest on the Bonds.
Section 3.05. Conditions for the Issuance of Additional Bonds . The Community Facilities District may at any time issue one or more Series of Additional Bonds payable from Net Special Tax Reven ues as provided herein on a parity with all other Bonds theretofore issued hereunder, but only subject to the following conditions, which are hereby made conditions precedent to the issuance of such Additional Bonds:
(a) upon the issuance of such Additional Bonds, no Event of Default shall have occurred and be continuing hereunder;
(b) the issuance of such Additional Bonds shall have been authorized under and pursuant to this Indenture and the Act and shall have been provided for by a Supplemental Indenture which shall specify the following:
(i) the purposes for which the proceeds of such Additional Bonds are to be applied, which purposes may only include one or more of (A) providing funds to refund any Bonds previously issued hereunder, (B) providing funds to pay Costs of Issuance incurred in connection with the issuance of such Additional Bonds, and (C) providing funds to make any deposit to the Reserve Fund required pursuant to paragraph (vii) below;
(ii) the designation of such Series of Additional Bonds, the aggregate principal amount of the Additional Bonds of such Series and the principal amount, and the interest rate to be borne by, each maturity of such Additional Bonds; (iii) that such Additional Bonds shall be payable as to interest on the Interest Payment Dates, except that the first installment of interest may be payable on either March 1 or September 1 and shall be for a period of not longer than twelve months;
261
21 4147-9500-7541.3
(iv) the date, the maturity date or dates and the dates on which mandatory sinking fund redemptio ns, if any, are to be made for such Additional Bonds; provided, however, that each such maturity date and date on which a mandatory sinking fund redemption is to be made shall be a September 1 and, provided, further, that serial maturities of serial Bonds or mandatory sinking fund redemptions for term Bonds, or any combination thereof, shall be established to provide for the redemption or payment of such Additional Bonds on or before their respective maturity dates;
(v) the redemption premiums and terms, if any , for such Additional Bonds;
(vi) the form of such Additional Bonds;
(vii) the amount, if any, to be deposited from the proceeds of sale of such Additional Bonds in the Reserve Fund; provided, however, that the amount on deposit in the Reserve Fund at the time that s uch Additional Bonds become Outstanding shall be at least equal to the Reserve Requirement; and (viii) such other provisions that are appropriate or necessary and are not inconsistent with the provisions hereof;
(c) Annual Debt Service in each Bond Year, calculated f or all Bonds that will be Outstanding after the issuance of such Additional Bonds, will be less than or equal to Annual Debt Service in such Bond Year, calculated for all Bonds that are Outstanding immediately prior to the issuance of such Additional Bonds.
Nothing contained herein shall limit the issuance of any special tax bonds payable from Special Taxes if, after the issuance and delivery of such special tax bonds, none of the Bonds theretofore issued hereunder will be Outstanding.
Section 3.06. Procedure for the I ssuance of Additional Bonds . At any time after the sale of any Additional Bonds in accordance with the Act, such Additional Bonds shall be executed by the Community Facilities District for issuance hereunder and shall be delivered to the Trustee and thereupon shall be authenticated and delivered by the Trustee, but only upon receipt by the Trustee of the following:
(a) a certified copy of the Supplemental Indenture authorizing the issuance of such Additional Bonds;
(b) a Written Request of the Community Facilities District as to the delivery of such Additional Bonds;
(c) a Written Certificate of the Community Facilities District stating that the conditions precedent to the issuance of such Additional Bonds specified in Section 3.05 have been satisfied;
262
22 4147-9500-7541.3
(d) an opinion of Bond Counsel substantially to the effect that (i) this Indenture, as modified and amended by all Supplemental Indentures theretofore, or thereupon being, entered into, has been duly authorized, executed and delivered by, and constitutes the valid and binding obligation of, the Community Facilities District, (ii) such Additional Bonds constitute valid and binding special obligations of the Community Facilities District, and (iii) the issuance of such Additional Bonds, in and of itself, will not adversely affe ct the exclusion of interest on the Bonds Outstanding prior to the issuance of such Additional Bonds from gross income for federal income tax purposes; (e) the proceeds of the sale of such Additional Bonds; and (f) such further documents or money as are required b y the provisions hereof or by the provisions of the Supplemental Indenture pursuant to which such Additional Bonds are issued.
Section 3.07. Additional Bonds. So long as any of the Bonds remain Outstanding, the Community Facilities District shall not issue any Addit ional Bonds or obligations payable from Net Special Tax Revenues on a parity with the Bonds, except pursuant to Sections 3.05 and 3.06.
So long as any of the Bonds remain Outstanding, the Community Facilities District shall not issue any obligations payabl e from Net Special Tax Revenues on a basis senior to the Bonds. The Community Facilities District may issue obligations payable from Net Special Tax Revenues on a basis subordinate to the Bonds, without complying with Sections 3.05 and 3.06. 263
23 4147-9500-7541.3
ARTICLE IV
REDEMPTION OF BONDS
Section 4.01. Redemption of Series 2022 Bonds. (a) Optional Redemption. The Series 2022 Bonds maturing on and after September 1, 20__, shall be subject to optional redemption, in whole, or in part in Authorized Denominations, on any date on or after September 1, 20__, from any source of available funds, at the following respective Redemption Prices (expressed as percentages of the princ ipal amount of the Series 2022 Bonds to be redeemed), plus accrued interest thereon to the date of redemption:
Redemption Dates Redemption Price
September 1, 20__ through August 31, 20__ 103%
September 1, 20__ through August 31, 20__ 102
September 1, 20__ through August 31, 20__ 101
September 1, 20__ and thereafter 100
The Community Facilities District shall give the Trustee written notice of its intention to redeem Series 2022 Bonds pursuant to this subsection not less than 45 days prior to the applicable redemption date, unless a later date is agreed to by the Trustee. (b) Mandatory Redemption from Special Tax Prepayments. The Series 2022 Bonds shall be subject to mandatory redemption, in whole, or in part in Authorized Denominations, on any Interest Payment Date, from and to the extent of prepaid Special Taxes required to be applied thereto pursuant to Section 5.02(a) and any amount required to be applied thereto pursuant to Section 5.04(c), at the following respective Redemption Prices (expressed as percentages of the principal amount of the Series 2022 Bonds to be redeem ed), plus accrued interest thereon to the date of redemption:
Redemption Dates Redemption Price
Any Interest Payment Date through March
1, 20__ 103%
September 1, 20__ and March 1, 20__ 102
September 1, 20__ and March 1, 20__ 101
September 1, 20__ and thereafter 100
(c) Mandatory Sinking Fund Redemption. The Series 2022 Bonds maturing September 1, 20__ shall be subject to mandatory sinking fund redemption, in part, on September 1 in each year, commencing September 1, 20__, at a Redemption Price equal to the principal amount of the Series 2022 Bonds maturing September 1, 20 __ to be redeemed, without prem ium, plus accrued interest thereon to the date of redemption, in the aggregate respective principal amounts in the respective years as follows:
264
24 4147-9500-7541.3
Sinking Fund
Redemption Date
(September 1)
Principal Amount
to be
Redeemed
20__ $
20__
20__
20__
20__ (Maturity)
If some but not all of the Series 2022 Bonds maturing on September 1, 20__ are redeemed pursuant to Section 4.01(a), the principal amount of the Series 2022 Bonds maturing on September 1, 20__ to be redeemed pursuant to Section 4 .01(c) on any subsequent September 1 shall be reduced, by $5,000 or an integral multiple thereof, as designated by the Community Facilities District in a Written Certificate of the Community Facilities District filed with the Trustee; provided, however, th at the aggregate amount of such reductions shall not exceed the aggregate amount of the Series 2022 Bonds maturing on September 1, 20__ redeemed pursuant to Section 4.01(a). If some but not all of the Series 2022 Bonds maturing on September 1, 20__ are redeemed pursuant to Section 4.01(b), the principal amount of the Series 2022 Bonds maturing on September 1, 20__ to be redeemed pursuant to Section 4.01(c) on any subsequent September 1 shall be reduced by the aggregate principal amount of the Series 2022 Bonds maturing on September 1, 20__ so redeemed pursuant to Section 4.01(b), such reduction to be allocated among redemption dates as nearly as practicable on a pro rata basis in amounts of $5,000 or integral multiples thereof, as determined by the Trustee, notice of which determination shall be given by the Trustee to the Community Facilities District.
The Series 2022 Bonds maturing September 1, 20__ shall be subject to mandatory sinking fund redemption, in part, on September 1 in each year, commencing September 1, 20 __, at a Redemption Price equal to the principal amount of the Series 2022 Bonds maturing September 1, 20__ to be redeemed, without premium, plus accrued interest thereon to the date of redemption, in the aggregate respective principal amounts in the respective years as follows:
Sinking Fund
Redemption Date
(September 1)
Principal Amount
to be
Redeemed
20__ $
20__
20__
20__
20__ (Maturity)
If some but not all of the Series 2022 Bonds maturing on September 1, 20__ are redeemed pursuant to Section 4.01(a), the principal amount of the Series 2022 Bonds maturing on September 1, 20__ to be redeemed pursuant to Section 4.01(c) on any subsequent September 1 shall be reduced, by $5,000 or an integral multiple thereof, as designated by the Community Facilities District in a Written Certificate of the Community Facilities District filed wit h the Trustee; provided, however, that the aggregate amount of such reductions shall not exceed the aggregate amount of the Series 2022 Bonds maturing on September 1, 20__ redeemed pursuant to 265
25 4147-9500-7541.3
Section 4.01(a). If some but not all of the Series 2022 Bonds maturing on September 1, 20__ are redeemed pursuant to Section 4.01(b), the principal amount of the Series 2022 Bonds maturing on September 1, 20__ to be redeemed pursuant to Section 4.01(c) on any subsequent September 1 shall be reduced by the aggregate pr incipal amount of the Series 2022 Bonds maturing on September 1, 20__ so redeemed pursuant to Section 4.01(b), such reduction to be allocated among redemption dates as nearly as practicable on a pro rata basis in amounts of $5,000 or integral multiples thereof, as determined by the Trustee, notice of which determination shall be given by the Trustee to the Community Facilities District.
Section 4.02. Notice of Redemption . The Trustee on behalf and at the expense of the Community Facilities District shall mail by first class mail notice of any redemption to the respective Owners of any Bonds designated for redemption at their respective addresses appearing on the Registration Books, at least 30 but not more than 60 days prior to the date fixed for redemption. Such notice shall state the date of the notice, the redemption date, the redemption place and the Redemption Price and shall designate the CUSIP numbers, if any, the Bond numbers and the maturity or maturities of the Bonds to be redeemed (except in the event of redemption of all of the Bonds of such maturity or maturities in whole), and shall require that such Bonds be then surrendered at the Office of the Trustee for redemption at the Redemption Price, giving notice also that further interest on such B onds will not accrue from and after the date fixed for redemption.
Neither the failure to receive any notice so mailed, nor any defect in such notice, shall affect the validity of the proceedings for the redemption of the Bonds or the cessation of accrual of interest thereon from and after the date fixed for redemption. With respect to any notice of any optional redemption of Bonds, unless at the time such notice is given the Bonds to be redeemed shall be deemed to have been paid within the meaning of Secti on 10.02, such notice shall state that such redemption is conditional upon receipt by the Trustee, on or prior to the date fixed for such redemption, of moneys that, together with other available amounts held by the Trustee, are sufficient to pay the Redemption Price of, and accrued interest on, the Bonds to be redeemed, and that if such moneys shall not have been so received said notice shall be of no force and effect and the Community Facilities District shall not be required to redeem such Bonds. In the event a notice of redemption of Bonds contains such a condition and such moneys are not so received, the redemption of Bonds as described in the conditional notice of redemption shall not be made and the Trustee shall, within a reasonable time after the da te on which such redemption was to occur, give notice to the Persons and in the manner in which the notice of redemption was given, that such moneys were not so received and that there shall be no redemption of Bonds pursuant to such notice of redemption.
Section 4.03. Selection of Bonds for Redemption . Whenever provision is made in this Indenture for the redemption of less than all of the Bonds, the Trustee shall select the Bonds to be redeemed from all Bonds not previously called for redemption (a) with respect to any optional redemption of Bonds of a Series, among maturities of Bonds of such Series as directed in a Written Request of the Community Facilities District, (b) with respect to any redemption pursuant to Section 4.01(b) and the corresponding provisions of any Supplemental Indenture pursuant to which Additional Bonds are issued, among maturities of all Series of Bonds on a pro rata basis as nearly as practicable, and (c) with respect to any other redemption of Additional Bonds, among maturities as provided in the Supplemental Indenture pursuant to which such Additional Bonds are issued, and by lot among Bonds of the same Series with the same maturity in any manner which the Trustee in its sole discretion shall deem appropriate. For purposes of such selection, all Bonds shall 266
26 4147-9500-7541.3
be deemed to be comprised of separate $5,000 denominations and such separate denominations shall be treated as separate Bonds that may be separately redeemed.
Section 4.04. Partial Redemption of Bonds. Upon surrender of any Bonds redeemed in part only, the Community Facilities District shall execute and the Trustee shall authenticate and deliver to the Owner thereof, at the expense of the Community Facilities District, a new Bond or Bonds of the same Series in Authorized Denominations in an aggregate principal amount equal to the unredeemed portion of the Bonds surrendered.
Section 4.05. Effect of Notice of Redemption. Notice of redemption of the Bonds subject to redemption having been mailed as aforesaid, and moneys for the Redemption Price thereof, and the interest thereon to the applicable date fixed for redemption, having been set aside with the Trustee, such Bonds shall become due and payable on said date, and, upon presentation and surrender thereof at the Office of the Trustee, said Bonds shall be paid a t the Redemption Price thereof, together with interest accrued and unpaid to said date.
If, on said date fixed for redemption, moneys for the Redemption Price of all the Bonds to be redeemed, together with interest to said date, shall be held by the Truste e so as to be available therefor on such date, and, if notice of redemption thereof shall have been mailed as aforesaid and not canceled, then, from and after said date, interest on said Bonds shall cease to accrue and become payable. All moneys held by or on behalf of the Trustee for the redemption of Bonds shall be held in trust for the account of the Owners of the Bonds so to be redeemed without liability to such Owners for interest thereon.
All Bonds paid at maturity or redeemed prior to maturity pursuant to the provisions hereof shall be canceled upon surrender thereof and destroyed. 267
27 4147-9500-7541.3
ARTICLE V
SECURITY FOR BONDS; FLOW OF FUNDS; INVESTMENTS
Section 5.01. Pledge. Subject only to the provisions of this Indenture permitting the application thereof for the purposes and on the terms and conditions set forth herein, in order to secure the payment of the principal of, premium, if any, and interest on the Bonds in accor dance with their terms, the provisions of this Indenture and the Act, the Community Facilities District hereby pledges to the Owners, and grants thereto a lien on and a security interest in, all of the Net Special Tax Revenues and any other amounts held in the Special Tax Fund, the Bond Fund and the Reserve Fund. Said pledge shall constitute a first lien on and security interest in such assets, which shall immediately attach to such assets and be effective, binding and enforceable against the Community Facilities District, its successors, purchasers of any of such assets, creditors and all others asserting rights therein, to the extent set forth in, and in accordance with, this Indenture, irrespective of whether those parties have notice of the pledge of, li en on and security interest in such assets and without the need for any physical delivery, recordation, filing or further act.
Section 5.02. Special Tax Fund. (a) The Trustee shall establish and maintain a separate fund designated the “Special Tax Fund.” As soon as practicable after the receipt by the Community Facilities District of any Special Tax Revenues, but in any event no later than the date ten Business Days prior to the Interest Payment Date after such receipt, the Community Facilities District shall transfer such Special Tax Revenues to the Trustee for deposit in the Special Tax Fund; provided, however, that with respect to any such Special Tax Revenues that represent prepaid Special Taxes (i) said prepaid Special Taxes shall be identified as such in a Written Certificate of the Community Facilities District delivered to the Trustee at the time such prepaid Special Taxes are transferred to the Trustee, (ii) the portion of such prepaid Special Taxes that is to be applied to the Redemption Price o f the Bonds shall be identified in such Written Certificate of the Community Facilities District, shall be deposited by the Trustee in the Redemption Fund and shall be applied to the redemption of Bonds pursuant to Section 4.01(b) and the corresponding pro visions of any Supplemental Indenture pursuant to which Additional Bonds are issued, and (iii) the portion of such prepaid Special Taxes that is to be applied to the payment of interest on the Bonds to be so redeemed shall be identified in such Written Certificate of the Community Facilities District, shall be deposited by the Trustee in the Interest Account and shall be applied to the payment of such interest.
(b) Upon receipt of a Written Request of the Community Facilities District, the Trustee shall withdraw from the Special Tax Fund and transfer to the Administrative Expense Fund the amount specified in such Written Request of the Community Facilities District as the amount necessary to be transferred thereto in order to have sufficient amounts available th erein to pay Administrative Expenses.
(c) No later than the Business Day immediately preceding each Interest Payment Date, after having made any requested transfer to the Administrative Expense Fund, the Trustee shall withdraw from the Special Tax Fund Net Special Tax Revenues in an amount sufficient to enable the Trustee to make the following transfers in the following order of priority:
268
28 4147-9500-7541.3
(i) Interest Account. To the Interest Account, the amount, if any, necessary to cause the amount on deposit in the Interest Account to be equal to the interest due on the Bonds on such Interest Payment Date;
(ii) Principal Account. To the Principal Account, the amount, if any, necessary to cause the amount on deposit in the Principal Account to be equal to the principal, if any, due on the Bonds on such Interest Payment Date, including principal due and payable by reason of mandatory sinking fund redemption of such Bonds; and (iii) Reserve Fund. To the Reserve Fund, the amount, if any, necessary to cause the amount on deposit in the Reserve Fund to be equal to the Reserve Requirement.
Upon the receipt of such amounts from the Community Facilities District, the Trustee shall make such transfers in said order of priority.
Section 5.03. Bond Fund. (a) The Trustee shall establish a nd maintain a separate fund designated the “Bond Fund.” Within the Bond Fund, the Trustee shall establish and maintain a separate account designated the “Principal Account” and a separate account designated the “Interest Account.” The Trustee shall deposit in the Interest Account and the Principal Account from time to time the amounts required to be deposited therein pursuant to Section 5.02. (b) In the event that, on the Business Day prior to an Interest Payment Date , after the deposit in the Interest Account of the amounts required to be deposited therein pursuant to Section
5.02, amounts in the Interest Account are insufficient to pay the interest on the Bonds due and payable on such Interest Payment Date, the Trustee shall withdraw from the Reserve Fund, to the extent of any funds therein, the amount of such insufficiency, and shall transfer any amounts so withdrawn to the Interest Account.
(c) On each Interest Payment Date, the Trustee shall withdraw from the Interest Account for payment to the Owners of the Bonds the interest on the Bonds then due and payable. (d) In the event that, on the Business Day prior to a September 1 on which principal of the Bonds is due and payable , after the deposit in the Principal Account of the amounts required to be deposited therein pursuant to Section 5.02, including principal due and payable by reason of mandatory sinking fund redemption of the Bonds, amounts in the Principal Account are insufficient to pay such principal, after having withdrawn any amounts from the Reserve Fund required to be withdrawn therefrom on such date pursuant to subsection (b) of this Section, the Trustee shall withdraw from the Reserve Fund, to the extent of any funds therein, the amount of such insufficiency, and shall transfer any amounts so withdrawn to the Principal Account. (e) On each September 1 on which principal of the Bonds is due and payable, including principal due and payable by reason of mandatory sinking fund redemption of the Bonds, the Trustee shall withdraw from the Principal Account for payme nt to the Owners of the Bonds such principal then due and payable.
Section 5.04. Reserve Fund. (a) The Trustee shall establish and maintain a special fund designated the “Reserve Fund.” On the Closing Date, the Trustee shall deposit in the Reserve Fund the amount specified in Section 3.02. The Trustee shall deposit in the Reserve Fund from time to 269
29 4147-9500-7541.3
time the amounts required to be deposited therein pursuant to Section 5.02(c). There shall additionally be deposited in the Reserve Fund, in connection with t he issuance of Additional Bonds, the amount required to be deposited therein under the Supplemental Indenture pursuant to which such Additional Bonds are issued.
(b) Except as otherwise provided in this Section, amounts in the Reserve Fund shall be used and w ithdrawn by the Trustee solely for the purpose of (i) making transfers to the Interest Account in accordance with Section 5.03(b) in the event of any deficiency in the Interest Account of the amount then required for payment of the interest on the Bonds, ( ii) making transfers to the Principal Account in accordance with Section 5.03(d) in the event of any deficiency in the Principal Account of the amount then required for payment of the principal of the Bonds, and (iii) redeeming Bonds in accordance with the provisions of this Section. (c) Whenever Bonds are to be optionally redeemed or redeemed from Special Tax prepayments, a proportionate share, determined as provided below, of the amount on deposit in the Reserve Fund shall, on the date on which amounts to red eem such Bonds are deposited in the Redemption Fund or otherwise deposited with the Trustee pursuant to Section 10.02, be transferred by the Trustee from the Reserve Fund to the Redemption Fund or to such deposit held by the Trustee and shall be applied to the redemption of said Bonds; provided, however, that such amount shall be so transferred only if and to the extent that the amount remaining on deposit in the Reserve Fund will be at least equal to the Reserve Requirement (excluding from the calculation thereof said Bonds to be redeemed). Such proportionate share shall be equal to the largest integral multiple of the minimum Authorized Denomination for said Bonds that is not larger than the amount equal to the product of (i) the amount on deposit in the Reserve Fund on the date of such transfer, times (ii) a fraction, the numerator of which is the principal amount of Bonds to be so redeemed and the denominator of which is the principal amount of Bonds to be Outstanding on the day prior to the date on which such Bonds are to be so redeemed.
(d) Whenever the balance in the Reserve Fund exceeds the amount required to redeem or pay Outstanding Bonds, including interest accrued to the date of payment or redemption and premium, if any, due upon redemption, the Trustee shall, upon receipt of a Written Request of the Community Facilities District, transfer the amount in the Reserve Fund to the Interest Account, Principal Account and/or Redemption Fund, as applicable, to be applied, on the next succeeding Interest Payment Date to the payment and redemption of all of the Outstanding Bonds. (e) If, as a result of the scheduled payment of principal of or interest on the Bonds, the Reserve Requirement is reduced, the Trustee shall transfer an amount equal to the amount of such reduction to the Interest Account.
Section 5.05. Redemption Fund. (a) The Trustee shall establish and maintain a special fund designated the “Redemption Fund.” The Trustee shall deposit in the Redemption Fund (i) amounts received from the Community Facil ities District in connection with the Community Facilities District’s exercise of its rights to optionally redeem Bonds, (ii) the portion of prepaid Special Taxes required to be deposited therein pursuant to Section 5.02(a), (iii) amounts required to be tr ansferred to the Redemption Fund from the Improvement Fund (or accounts therein) pursuant to Section 3.04(b), (iv) amounts required to be transferred to the Redemption Fund from 270
30 4147-9500-7541.3
the Reserve Fund pursuant to Section 5.04(c) or Section 5.04(d), and (v) amoun ts required to be deposited therein pursuant to any Supplemental Indenture. (b) Amounts in the Redemption Fund shall be disbursed therefrom for the payment of the Redemption Price of Series 2022 Bonds redeemed pursuant to Section 4.01(a) or Section
4.01(b) and for the payment of the Redemption Price of Additional Bonds redeemed under the Supplemental Indenture pursuant to which such Additional Bonds are issued (other than mandatory sinking fund redemptions thereof).
Section 5.06. Rebate Fund. (a) The Trustee shall establish and maintain a special fund designated the “Rebate Fund.” There shall be deposited in the Rebate Fund such amounts as are required to be deposited therein pursuant to the Tax Certificate, as specified in a Written Request of the Community Facilities District. All money at any time deposited in the Rebate Fund shall be held by the Trustee in trust, to the extent required to satisfy the Rebate Requirement, for payment to the United States of America. Notwithstanding defeasance of the Bonds pursuant to Article X or anything to the contrary contained herein, all amounts required to be deposited into or on deposit in the Rebate Fund shall be governed exclusively by this Section and by the Tax Certificate, which is hereby incorporated herein as if fully set forth herein. The Trustee shall be deemed conclusively to have complied with such provisions if it follows the written directions of the Community Facilities District, and shall have no liability or responsibility to enforce compliance by the Community Facilities District with the terms of the Tax Certificate. The Trustee may conclusively rely upon the Community Facilities District’s determinations, calculations and certifications required by the Tax Certificate. The Trustee s hall have no responsibility to independently make any calculation or determination or to review the Community Facilities District’s calculations. (b) Any funds remaining in the Rebate Fund after payment in full of all of the Bonds and after payment of any amou nts described in this Section, shall, upon receipt by the Trustee of a Written Request of the Community Facilities District, be withdrawn by the Trustee and remitted to the Community Facilities District.
Section 5.07. Administrative Expense Fund . (a) The Trustee shall establish and maintain a special fund designated the “Administrative Expense Fund.” The Trustee shall deposit in the Administrative Expense Fund the amounts transferred from the Special Tax Fund and required to be deposited therein pursuant to Section 5.02. (b) The moneys in the Administrative Expense Fund shall be used and withdrawn by the Trustee from time to time to pay the Administrative Expenses upon submission of a Written Request of the Community Facilities District stating (i) the Person to whom payment is to be made, (ii) the amount to be paid, (iii) the purpose for which the obligation was incurred and that such purpose constitutes an Administrative Expense, (iv) that such payment is a proper charge against the Administrative Expense F und, and (v) that such amount has not been the subject of a prior disbursement from the Administrative Expense Fund , in each case together with a statement or invoice for each amount requested thereunder.
Section 5.08. Investment of Moneys . (a) Except as otherwise provided herein, all moneys in any of the funds or accounts established pursuant to this Indenture held by the Trustee shall be invested by the Trustee solely in Permitted Investments, as directed in a Written Request 271
31 4147-9500-7541.3
of the Community Facilities District received by the Trustee no later than two Business Days prior to the making of such investment. Moneys in all such funds and accounts shall be invested in Permitted Investments maturing not later than the date on which it is estimated that such moneys will be required for the purposes specified in this Indenture; provided, however, that Permitted Investments in which moneys in the Reserve Fund are so invested shall mature no later than the earlier of five years from the date of investment or the final maturity date of the Bonds and, provided, further, that if such Permitted Investments may be redeemed at par so as to be available on each Interest Payment Date, any amount in the Reserve Fund may be invested in such redeemable Permitted Investments maturing on any date on or prior to the final maturity date of the Bonds. Absent a timely Written Request of the Community Facilities District with respect to the investment of moneys in any of the funds or accounts established pursuant to this Indenture held by the Trustee, the Trustee shall invest such moneys in Permitted Investments described in paragraph (6) of the definition thereof.
(b) Subject to the provisions of Section 5.06, all interest, profits and other income received from the investment of money s in any fund or account established pursuant to this Indenture (other than the Reserve Fund) shall be retained therein. Subject to the provisions of Section 5.06, all interest, profits or other income received from the investment of moneys in the Reserve Fund shall, prior to the date on which a Written Certificate of the Community Facilities District is delivered to the Trustee pursuant to subsection (b) of Section 3.04, be transferred to the Construction Account and, thereafter, shall be transferred to th e Interest Account; provided, however, that, notwithstanding the foregoing, any such transfer shall be made from the Reserve Fund only if and to the extent that, after such transfer, the amount on deposit in the Reserve Fund is at least equal to the Reserve Requirement.
(c) Permitted Investments acquired as an investment of moneys in any fund or account established under this Indenture shall be credited to such fund or account. For the purpose of determining the amount in any fund or account, all Permitted Investments credited to such fund or account shall be valued by the Trustee at the market value thereof (without regard to costs incurred in the acquisition or disposition thereof, including breakage, unwind or other similar fees), such valuation to be performed not less frequently than semiannually on or before each February 15 and August 15. To the extent of any valuations to be made by the Trustee hereunder, the Trustee may utilize computerized securities pricing services that may be available to it, includi ng those available through its regular accounting system. Any Permitted Investment that is a registrable security shall be registered in the name of the Trustee. (d) The Trustee may act as principal or agent in the making or disposing of any investment. Upon the Written Request of the Community Facilities District, the Trustee shall sell or present for redemption any Permitted Investments so purchased whenever it shall be necessary to provide moneys to meet any required payment, transfer, withdrawal or disburse ment from the fund to which such Permitted Investments are credited, and the Trustee shall not be liable or responsible for any loss resulting from any investment made or sold pursuant to this Section. For purposes of investment, the Trustee may commingle moneys in any of the funds and accounts established hereunder. The Trustee, in making or disposing of any investment permitted by this Section, may deal with itself (in its individual capacity) or with any one or more of its affiliates, whether it or such affiliate is acting as an agent of the Trustee or for any third person or dealing as a principal for its own account.
272
32 4147-9500-7541.3
(e) The Community Facilities District acknowledges that to the extent regulations of the Comptroller of the Currency or other applicable regul atory entity grant the Community Facilities District the right to receive brokerage confirmations of security transactions as they occur, the Community Facilities District specifically waives receipt of such confirmations to the extent permitted by law. The Trustee shall furnish the Community Facilities District periodic cash transaction statements, which shall include detail for all investment transactions made by the Trustee hereunder.
273
33 4147-9500-7541.3
ARTICLE VI
COVENANTS
Section 6.01. Collection of Special Tax Revenues . (a) The Community Facilities District shall comply with all requirements of the Act so as to assure the timely collection of Special Tax Revenues, including the enforcement of delinquent Special Taxes. (b) Prior to August 1 of each year, the Community Facilities D istrict shall ascertain from the County Assessor the relevant parcels on which the Special Taxes are to be levied, taking into account any parcel splits during the preceding and then current year. The Community Facilities District shall effect the levy of the Special Taxes each Fiscal Year in accordance with the Ordinance Levying Special Taxes by each August 10, or otherwise such that the computation of the levy is complete before the final date on which the County Auditor will accept the transmission of the Special Tax amounts for the parcels within the Community Facilities District for inclusion on the next real property tax roll. Upon the completion of the computation of the amounts of the levy, the Community Facilities District shall prepare or cause to be prepared, and shall transmit to the County Auditor, such data as the County Auditor requires in order to include the levy of the Special Taxes on the next real property tax roll. (c) The Community Facilities District shall fix and levy the amount of Special Taxes within the Community Facilities District in each Fiscal Year in accordance with the Rate and Method and, subject to the limitations in the Rate and Method as to the maximum Special Tax es that may be levied, in an amount sufficient to yield Special Tax Revenues in the amount required for (i) the payment of principal of and interest on any Outstanding Bonds becoming due and payable during the Corresponding Bond Year, (ii) any necessary replenishment of the Reserve Fund, and (iii) the payment of Adminis trative Expenses estimated to be paid from such Special Tax Revenues, taking into account the balances in the funds and accounts established hereunder. (d) The Special Taxes shall be payable and be collected in the same manner and at the same time and in the same installment as the general taxes on real property are payable (or in such other manner as the City Council shall determine, including direct billing of the affected property owners), and have the same priority, become delinquent at the same time and in the same proportionate amounts and bear the same proportionate penalties and interest after delinquency as do the ad valorem taxes on real property.
Section 6.02. Foreclosure. Pursuant to Section 53356.1 of the Act, the Community Facilities District hereby covenant s with and for the benefit of the Owners that it will determine or cause to be determined, no later than September 15 of each year, whether or not any owners of property within the Community Facilities District are delinquent in the payment of Special Taxes and, if such delinquencies exist, the Community Facilities District will order and cause to be commenced no later than November 1, and thereafter diligently prosecute, an action in the superior court to foreclose the lien of any Special Taxes or installment thereof not paid when due; provided, however, that the Community Facilities District shall not be required to order the commencement of foreclosure proceedings if (a) the total Special Tax delinquency in the Community Facilities District for such Fiscal Year is less than 5% of the total Special Taxes levied in such Fiscal Year, and (b) the amount then on deposit in the Reserve Fund is equal to the Reserve Requirement. 274
34 4147-9500-7541.3
Notwithstanding the foregoing, if the Community Facilities District determines that an y single property owner in the Community Facilities District is delinquent in excess of $5,000 in the payment of the Special Tax es, then the Community Facilities District shall diligently institute, prosecute and pursue foreclosure proceedings against such property owner.
Section 6.03. Compliance with Act . The Community Facilities District shall comply with all applicable provisions of the Act.
Section 6.04. Punctual Payment. The Community Facilities District shall punctually pay or cause to be paid the principal, premium, if any, and interest to become due in respect of all the Bonds, in strict conformity with the terms of the Bonds and of this Indenture, according to the true intent and meaning thereof, but only out of Net Special Tax Revenues and other assets pledged for such payment as provided in this Indenture and received by the Community Facilities District or the Trustee.
Section 6.05. Extension of Payment of Bonds. The Community Facilities District shall not directly or indirectly extend or assent to the extension of the maturity of any of the Bonds or the time of payment of any claims for interest by the purchase of such Bonds or by any other arrangement, and in case the maturity of any of the Bonds or the time of payment of any such claims for interest shall be extended, such Bonds or claims for interest shall not be entitled, in case of any default hereunder, to the benefits of this Indenture, except subject to the prior payment in full of the principal of all of the Bonds then Outstanding and of all claims for inte rest thereon which shall not have been so extended. Nothing in this Section shall be deemed to limit the right of the Community Facilities District to issue Bonds for the purpose of refunding any Outstanding Bonds in accordance with the provisions hereof , and such issuance shall not be deemed to constitute an extension of maturity of the Bonds.
Section 6.06. Against Encumbrances; Defense of Pledge . The Community Facilities District shall not create, or permit the creation of, any pledge of, lien on, security interest in or charge or other encumbrance upon the assets pledged under this Indenture, except as permitted hereby. The Community Facilities District shall at all times, to the extent permitted by law, defend, preserve and protect said pledge of such assets, and the lien thereon and security interest therein created hereby, against all claims and demands of all Persons whomsoever.
Section 6.07. Tax Covenants. (a) The Community Facilities District shall not take any action, or fail to take any action, if such action or failure to take such action would adversely affect the exclusion from gross income of interest on the Series 2022 Bonds under Section 103 of the Code. Without limiting the generality of the foregoing, the Community Facilities District shall comply with the requirements of the Tax Certificate, which is incorporated herein as if fully set forth herein. This covenant shall survive payment in full or defeasance of the Series 2022 Bonds. (b) In the event that at any time the Community Facilities District is of the opinion that for purposes of this Section it is necessary or helpful to restrict or limit the yield on the investment of any m oneys held by the Trustee in any of the funds or accounts established hereunder, the Community Facilities District shall so instruct the Trustee in writing, and the Trustee shall take such action as may be necessary in accordance with such instructions. 275
35 4147-9500-7541.3
(c) Notwithstanding any provisions of this Section, if the Community Facilities District shall provide to the Trustee an opinion of Bond Counsel to the effect that any specified action required under this Section is no longer required or that some further or different action is required to maintain the exclusion from federal income tax of interest on the Series 2022 Bonds, the Trustee may conclusively rely on such opinion in complying with the requirements of this Section and of the Tax Certificate, and the covenants hereunder shall be deemed to be modified to that extent.
Section 6.08. Non-Cash Payments of Special Taxes. The Community Facilities District shall not authorize owners of taxable parcels within the Community Facilities District to satisfy Special Tax obligations by the tender of Bonds unless the Community Facilities District shall have first obtained a report of an Independent Consultant certifying that doing so would not result in the Community Facilities District having insufficient Special Tax Revenues to pay the principal of and interest on all Outstanding Bonds when due.
Section 6.09. Reduction in Special Taxes . The Community Facilities District shall not initiate proceedings under the Act to modify the Rate and Method if such modification would adversely affect the security for the Bonds. If an initiative is adopted that purports to modify the Rate and Method in a manner that would adversely affect the security for the Bonds, the Community Facilities District shall, to the extent permitted by law, commence and pursue reasonable legal actions to prevent the modification of the Rate and Method in a manner that would adversely affect the security for the Bonds.
Section 6.10. Continuing Disclosure. (a) Each of the Community Facilities District and the Trustee shall comply with and carry out all of the provisions of the District Continuing Disclosure Agreement applicable to it. Notwithstanding any other provision of this Indenture, failure of the Community Facilities District or the Trustee to comply with the District Continuing Disclosure Agreement shall not be considered an Event of Default; provided, however, that the Trustee may (and, at the written direction of any Participating Underwriter or the Own ers of at least 25% aggregate principal amount of Outstanding Series 2022 Bonds, and upon receipt of indemnification reasonably satisfactory to the Trustee, shall) or any Owner or Beneficial Owner of the Series 2022 Bonds may, take such actions as may be n ecessary and appropriate to compel performance, including seeking mandate or specific performance by court order. (b) The Developer and the Trustee have entered into the Developer Continuing Disclosure Agreement. Notwithstanding any other provision of this Indenture, failure of the Developer or the Trustee to comply with the Developer Continuing Disclosure Agreement shall not be considered an Event of Default; provided, however, that the Trustee may (and, at the written direction of any Participating Underw riter or the Owners of at least 25% aggregate principal amount of Outstanding Series 2022 Bonds, and upon receipt of indemnification reasonably satisfactory to the Trustee, shall) or any Owner or Beneficial Owner of the Series 2022 Bonds may, take such actions as may be necessary and appropriate to compel performance, including seeking mandate or specific performance by court order.
Section 6.11. Accounting Records . The Community Facilities District shall keep or cause to be kept appropriate accounting records in whi ch complete and correct entries shall be made of all transactions relating to the Special Taxes, which records shall be available for inspection by the Trustee at reasonable hours and under reasonable conditions. 276
36 4147-9500-7541.3
Section 6.12. State Reporting. If at any time principal or interest due on any scheduled payment date for the Bonds is not paid, or if funds are withdrawn from the Reserve Fund to pay principal of or interest on the Bonds, the Trustee shall notify the Community Facilities District in writing of such failure or withdrawal, and the Community Facilities District shall notify the California Debt and Investment Advisory Commission of such failure or withdrawal within ten days of the failure to make such payment or the date of such withdrawal.
Section 6.13. Annual Reports to t he California Debt and Investment Advisory Commission. Not later than October 30 of each year, commencing October 30, 202 3 and continuing until the October 30 following the final maturity of the Bonds, the Community Facilities District shall supply to th e California Debt and Investment Advisory Commission the information required to be provided thereto pursuant to Section 53359.5(b) of the Act. Such information shall be made available to any Owner upon written request to the Community Facilities District accompanied by a fee determined by the Community Facilities District to pay the costs of the Community Facilities District in connection therewith. The Community Facilities District shall in no event be liable to any Owner or any other person or entity in connection with any error in any such information.
Section 6.14. Further Assurances . The Community Facilities District shall make, execute and deliver any and all such further agreements, instruments and assurances as may be reasonably necessary or proper to carry o ut the intention or to facilitate the performance of this Indenture and for the better assuring and confirming unto the Owners of the rights and benefits provided in this Indenture.
277
37 4147-9500-7541.3
ARTICLE VII
EVENTS OF DEFAULT AND REMEDIES
Section 7.01. Events of Default. The following events shall be Events of Default:
(a) failure to pay any installment of principal of any Bonds when and as the same shall become due and payable, whether at maturity as therein expressed, by proceedings for redemption or otherwise;
(b) failure to pay any installment of interest on any Bonds when and as the same shall become due and payable;
(c) failure by the Community Facilities District to observe and perform any of the other covenants, agreements or conditions on its part in this Indenture or in the Bonds contained, if such failure shall have continued for a period of 30 days after written notice thereof, specifying such failure and requiring the same to be remedied, shall have been given to the Community Facilities District by the Trustee, or to the Community Facilitie s District and the Trustee by the Owners of not less than 5% in aggregate principal amount of the Bonds at the time Outstanding; provided, however, that, if in the reasonable opinion of the Community Facilities District the failure stated in the notice can be corrected, but not within such 30 day period, such failure shall not constitute an Event of Default if corrective action is instituted by the Community Facilities District within such 30 day period and the Community Facilities District shall thereafter diligently and in good faith cure such failure in a reasonable period of time; or
(d) the commencement by the Community Facilities District or the City of a voluntary case under Title 11 of the United States Code or any substitute or successor statute.
Section 7.02. Foreclosure. If an Event of Default shall occur under Section 7.01(a) or Section 7.01(b) then, and in each and every such case during the continuance of such Event of Default, the Trustee may, or at the written direction of the Owners of not l ess than a majority in aggregate principal amount of the Bonds at the time Outstanding, and upon being indemnified to its satisfaction therefor, shall, commence foreclosure against any parcels of land in the Community Facilities District with delinquent Special Taxes, as provided in Section 53356.1 of the Act.
Section 7.03. Other Remedies . If an Event of Default shall have occurred and be continuing, the Trustee shall have the right:
(a) by mandamus, suit, action or proceeding, to compel the Community Facilities District and its officers, agents or employees to perform each and every term, provision and covenant contained in this Indenture and in the Bonds, and to require the carrying out of any or all such covenants and agreements of the Community Facilities District and the fulfillment of all duties imposed upon it by this Indenture and the Act; (b) by suit, action or proceeding in equity, to enjoin any acts or things which are unlawful, or the violation of any of the rights of the Trustee or the Owners; or 278
38 4147-9500-7541.3
(c) by suit, action or proceeding in any court of competent jurisdiction, to require the Community Facilities District and its officers and employees to account as if it and they were the trustees of an express trust.
Section 7.04. Remedies Not Exclusive. No remedy herein conferred upon or reserved to the Trustee or to the Owners is intended to be exclusive of any other remedy or remedies, and each and every such remedy, to the extent permitted by law, shall be cumulative and in addition to any other remedy given hereunder or now or hereafter existing at law or in equity or otherwise.
Section 7.05. Application of Net Special Tax Revenues After Default . If an Event of Default shall occur and be continuing, all Net Special Tax Revenues and any other funds thereafter received by the Trustee under any of the provisions of this Indenture shall be applied by the Trustee as follows and in the following order:
(a) to the payment of any expenses necessary in the opinion of the Trustee to protect the interests of the Owners and pa yment of reasonable fees, charges and expenses of the Trustee (including reasonable fees and disbursements of its counsel) incurred in and about the performance of its powers and duties under this Indenture; (b) to the payment of the principal and interest the n due with respect to the Bonds (upon presentation of the Bonds to be paid, and stamping thereon of the payment if only partially paid, or surrender thereof if fully paid) subject to the provisions of this Indenture, as follows:
First: to the payment to th e Persons entitled thereto of all installments of interest on the Bonds then due in the order of the maturity of such installments and, if the amount available shall not be sufficient to pay in full any installment or installments maturing on the same date , then to the payment thereof ratably, according to the amounts due thereon, to the Persons entitled thereto, without any discrimination or preference; and
Second: to the payment to the Persons entitled thereto of all installments of principal of the Bonds then due, whether at maturity or by call for redemption, with interest on the overdue principal at the rate borne by the respective Bonds on the date of maturity or redemption, and, if the amount available shall not be sufficient to pay in full all the Bonds, together with such interest, then to the payment thereof ratably, according to the amounts of principal due on such date to the Persons entitled thereto, without any discrimination or preference; (c) any remaining funds shall be transferred by the Truste e to the Special Tax Fund.
Section 7.06. Power of Trustee to Enforce. All rights of action under this Indenture or the Bonds or otherwise may be prosecuted and enforced by the Trustee without the possession of any of the Bonds or the production thereof in any procee ding relating thereto, and any such suit, action or proceeding instituted by the Trustee shall be brought in the name of the Trustee for the benefit and protection of the Owners of such Bonds, subject to the provisions of this Indenture. 279
39 4147-9500-7541.3
Section 7.07. Owners’ Directio n of Proceedings . Anything in this Indenture to the contrary notwithstanding, the Owners of a majority in aggregate principal amount of the Bonds then Outstanding shall have the right, by an instrument or concurrent instruments in writing executed and delivered to the Trustee, and upon indemnification of the Trustee to its reasonable satisfaction, to direct the method of conducting all remedial proceedings taken by the Trustee; provided, however, that such direction shall not be otherwise than in accordan ce with the provisions of this Indenture, the Act and other applicable law and, provided, further, that the Trustee shall have the right to decline to follow any such direction which in the opinion of the Trustee would be unjustly prejudicial to Owners not parties to such direction.
Section 7.08. Limitation on Owners’ Right to Sue . No Owner of any Bond shall have the right to institute any suit, action or proceeding at law or in equity, for the protection or enforcement of any right or remedy under this Indenture, the Act or any other applicable law with respect to such Bond, unless (a) such Owner shall have given to the Trustee written notice of the occurrence of an Event of Default, (b) the Owners of a majority in aggregate principal amount of the Bonds then Outstan ding shall have made written request upon the Trustee to exercise the powers hereinbefore granted or to institute such suit, action or proceeding in its own name, (c) such Owner or said Owners shall have tendered to the Trustee indemnity reasonably satisfa ctory to the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request, and (d) the Trustee shall have refused or omitted to comply with such request for a period of 60 days after such written request shall have bee n received by, and said tender of indemnity shall have been made to, the Trustee.
Such notification, request, tender of indemnity and refusal or omission are hereby declared, in every case, to be conditions precedent to the exercise by any Owner of any rem edy hereunder or under law; it being understood and intended that no one or more Owners shall have any right in any manner whatever by such Owner’s or Owners’ action to affect, disturb or prejudice the security of this Indenture or the rights of any other Owners, or to enforce any right under the Bonds, this Indenture, the Act or other applicable law with respect to the Bonds, except in the manner herein provided, and that all proceedings at law or in equity to enforce any such right shall be instituted, had and maintained in the manner herein provided and for the benefit and protection of all Owners, subject to the provisions of this Indenture.
Section 7.09. Absolute Obligation . Nothing in this Indenture or the Bonds contained shall affect or impair the obligation of the Community Facilities District, which is absolute and unconditional, to pay the principal of and interest on the Bonds to the respective Owners as the same become due , as herein provided, but only out of the Net Special Tax Revenues and other assets pl edged therefor hereunder, or affect or impair the right of such Owners, which is also absolute and unconditional, to enforce such payment by virtue of the contract embodied in the Bonds.
Section 7.10. Termination of Proceedings. In case any proceedings taken by the Trustee or any one or more Owners on account of any Event of Default shall have been discontinued or abandoned for any reason or shall have been determined adversely to the Trustee or the Owners, then in every such case the Community Facilities District, the Trustee and the Owners, subject to any determination in such proceedings, shall be restored to their former positions and rights hereunder, severally and respectively, and all rights, remedies, powers and duties of the 280
40 4147-9500-7541.3
Community Facilities District, the Trustee and the Owners shall continue as though no such proceedings had been taken.
Section 7.11. No Waiver of Default. No delay or omission of the Trustee or of any Owner to exercise any right or power arising upon the occurrence of any default or Event of Default shall impair any such right or power or shall be construed to be a waiver of any such default or Event of Default or an acquiescence therein, and every power and remedy given by this Indenture to the Trustee or to th e Owners may be exercised from time to time and as often as may be deemed expedient.
281
41 4147-9500-7541.3
ARTICLE VIII
TRUSTEE
Section 8.01. Duties and Liabilities of Trustee . The Trustee shall, prior to an Event of Default, and after the curing or waiver of all Events of Default which may have occurred, perform such duties and only such duties as are expressly and specifically set forth in this Indenture. The Trustee shall, during the existence of any Event of Default which has not been cured or waived, exercise such of the rights and powers veste d in it by this Indenture, and use the same degree of care and skill in their exercise, as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Section 8.02. Qualifications; Removal and Resignation; Successors . (a) The Trustee initially a party hereto and any successor thereto shall at all times be a trust company, national banking association or bank having trust powers in good standing in or incorporated under the laws of the United States or any state thereof, having (or if such trust company, national banking association or bank is a member of a bank holding company system, its parent bank holding company shall have) a combined capital and surplus of at least $ 250,000,000, and subject to supervision or examination by a federal or state agency. If such trust company, national banking association or bank publishes a report of condition at least annually, pursuant to law or to the requirements of any supervising or examining agency above referred to, then for the purpose of this subsection the combined capital and surplus of such trust company, national banking association or bank shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published.
(b) The Community Facilities District may, by an instrument in writing, upon at least 30 days’ notice to the Trustee, remove the Trustee initially a party hereto and any successor thereto unless an Event of Default shall have occurred and then be continuing , and shall remove the Trustee initially a party hereto and any successor thereto if (i) at any time requested to do so by an instrument or concurrent instruments in writing signed by the Owners of not less than a majority in aggregate principal amount of the Bonds then Outstanding (or their attorneys duly authorized in writing), or (ii) the Trustee shall cease to be eligible in accordance with subsection (a) of this Section, or shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or its property shall be appointed, or any public officer shall take control or charge of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, in each case by giving written notice of such removal to the Trustee. (c) The Trustee may at any time resign by giving written notice of such resignation by first class mail, postage prepaid, to the Community Facilities District, and to the Owners at the respective addresses shown on the Registration Books. In case at any time the Trustee shall cease to be eligible in accordance with the provisions of subsection (a) of this Section, the Trustee shall resign immediately in the manner and with the effect specified in this Section. (d) Upon removal or resignation of the Trustee, the Community Facilities District shall promptly appoint a successor Trustee by an instrument in writing. Any removal or resignation of the Trustee and appointment of a successor Trustee shall become effective upon acceptan ce of appointment by the successor Trustee; provided, however, that any successor Trustee shall be 282
42 4147-9500-7541.3
qualified as provided in subsection (a) of this Section. If no qualified successor Trustee shall have been appointed and have accepted appointment within 45 days following notice of removal or notice of resignation as aforesaid, the removed or resigning Trustee or any Owner (on behalf of such Owner and all other Owners) may petition any court of competent jurisdiction for the appointment of a successor Trustee, and such court may thereupon, after such notice, if any, as it may deem proper, appoint such successor Trustee. Any successor Trustee appointed under this Indenture shall signify its acceptance of such appointment by executing and delivering to the Community Facilities District and to its predecessor Trustee a written acceptance thereof, and thereupon such successor Trustee, without any further act, deed or conveyance, shall become vested with all the moneys, estates, properties, rights, powers, trusts, duties and obligations of such predecessor Trustee, with like effect as if originally named Trustee herein; but, nevertheless at the Written Request of the Community Facilities District or the request of the successor Trustee, such predecessor Trustee shall execute and deliver any and all instruments of conveyance or further assurance and do such other things as may reasonably be required for more fully and certainly vesting in and confirming to such successor Trustee all the right, title and interest of suc h predecessor Trustee in and to any property held by it under this Indenture and shall pay over, transfer, assign and deliver to the successor Trustee any money or other property subject to the trusts and conditions herein set forth. Upon acceptance of app ointment by a successor Trustee as provided in this subsection, the successor Trustee shall, within 15 days after such acceptance, mail, by first class mail postage prepaid, a notice of the succession of such Trustee to the trusts hereunder to the Owners at the addresses shown on the Registration Books. (e) Any trust company, national banking association or bank into which the Trustee may be merged or converted or with which it may be consolidated or any trust company, national banking association or bank resul ting from any merger, conversion or consolidation to which it shall be a party or any trust company, national banking association or bank to which the Trustee may sell or transfer all or substantially all of its corporate trust business, provided such trus t company, national banking association or bank shall be eligible under subsection (a) of this Section, shall be the successor to such Trustee, without the execution or filing of any paper or any further act, anything herein to the contrary notwithstanding.
Section 8.03. Liability of Trustee . (a) The recitals of facts herein and in the Bonds contained shall be taken as statements of the Community Facilities District, and the Trustee shall not assume responsibility for the correctness of the same or incu r any responsibility in respect thereof, other than as expressly stated herein in connection with the respective duties or obligations herein or in the Bonds assigned to or imposed upon it. The Trustee shall, however, be responsible for its representations contained in its certificate of authentication on the Bonds. (b) The Trustee makes no representations as to the validity or sufficiency of this Indenture or of any Bonds, or in respect of the security afforded by this Indenture and the Trustee shall incur no responsibility in respect thereof. The Trustee shall be under no responsibility or duty with respect to the issuance of the Bonds for value, the application of the proceeds thereof except to the extent that such proceeds are received by it in its capacity as Trustee, or the application of any moneys paid to the Community Facilities District or others in accordance with this Indenture. (c) The Trustee shall not be liable in connection with the performance of its duties hereunder, except for its own negligence or willful misconduct. 283
43 4147-9500-7541.3
(d) No provision of this Indenture or any other document related hereto shall require the Trustee to risk or advance its own funds.
(e) The Trustee may execute any of its powers or duties hereunder through attorneys, agents or receivers and shall not be answerable for the actions of such attorneys, agents or receivers if selected by it with reasonable care.
(f) The Trustee shall not be liable for any error of judgment made in good faith by a responsible officer, unless it shall be proved that th e Trustee was negligent in ascertaining the pertinent facts.
(g) The immunities and protections extended to the Trustee also extend to its directors, officers, employees and agents.
(h) Before taking action under Article VII, under this Article or upon the directi on of the Owners, the Trustee may require indemnity reasonably satisfactory to the Trustee be furnished to it to protect it against all fees and expenses, including those of its attorneys and advisors, and protect it against all liability it may incur.
(i) The Trustee shall not be liable with respect to any action taken or omitted to be taken by it in good faith in accordance with the direction of the Owners of not less than a majority in aggregate principal amount of the Bonds at the time Outstanding relating to the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred upon the Trustee under this Indenture. (j) The Trustee may become the Owner of Bonds with the same rights it would ha ve if it were not Trustee and, to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as a member of, or in any other capacity with respect to, any committee formed to protect the rights of Owners, whether or not such committee shall represent the Owners of a majority in aggregate principal amount of the Bonds then Outstanding. (k) The Trustee shall have no responsibility with respect to any information, statement, or recital in any official statement, offering memorandum or any other disclosure material prepared or distributed with respect to the Bonds.
(l) The Trustee shall not be liable for the failure to take any action required to be taken by it hereunder if and to the extent that the Trustee’s taking such a ction is prevented by reason of an act of God, terrorism, war, riot, strike, fire, flood, earthquake, epidemic or other, similar occurrence that is beyond the control of the Trustee and could not have been avoided by exercising due care.
(m) The Trustee shall not be deemed to have knowledge of an Event of Default hereunder unless it has actual knowledge thereof.
(n) The permissive right of the Trustee to do things enumerated in this Indenture shall not be construed as a duty and it shall not be answerable for other than its negligence or willful misconduct.
284
44 4147-9500-7541.3
(o) The Trustee shall not be responsible for or accountable to anyone for the subsequent use or application of any moneys which shall be released or withdrawn in accordance with the provisions hereof.
Section 8.04. Right to Rely on Documents and Opinions . (a) The Trustee shall be protected in acting upon any notice, resolution, request, consent, order, certificate, report, opinion, bonds or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties.
(b) Whenever in the administration of the duties imposed upon it by this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may be deemed to be conclusively proved and established by a Written Certificate of the Community Facilities District, and such Written Certificate shall be full warrant to the Trustee for any action taken or suffered in good faith under the provisions of this Indenture in reliance upon such Written Certificate, but in its discretion the Trustee may, in lieu thereof, accept other evidence of such matter o r may require such additional evidence as it may deem reasonable.
(c) The Trustee may consult with counsel, who may be counsel to the Community Facilities District, with regard to legal questions, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by it hereunder in good faith and in accordance therewith.
Section 8.05. Accounting Records and Financial Statements . The Trustee shall at all times keep, or cause to be kept, proper books of record and account, prepared in accordance with prudent corporate trust industry standards, in which accurate entries shall be made of all transactions made by it relating to the proceeds of the Bonds, the Special Tax Revenues received by it and all funds and accounts established by it pursuant to this Indenture. Such books of record and account shall be available for inspection by the Community Facilities District during regular business hours and upon reasonable notice and under reasonable circumstances as agreed to by the Trustee. The Trustee shall deliver to the Community Facilities District a monthly accounting of the funds and accounts it holds under this Indenture; provided, however, that the Trustee shall not be obligated to deliver an accounting for any f und or account that (a) has a balance of zero, and (b) has not had any activity since the last reporting date.
Section 8.06. Preservation and Inspection of Documents . All documents received by the Trustee under the provisions of this Indenture shall be retained in i ts possession and shall be subject during business hours and upon reasonable notice to the inspection of the Community Facilities District, the Owners and their agents and representatives duly authorized in writing.
Section 8.07. Compensation and Indemnification . The Community Facilities District shall pay to the Trustee from time to time from Special Tax Revenues all reasonable compensation pursuant to a pre -approved fee letter for all services rendered under this Indenture, and also all reasonable expenses, charges, legal and consulting fees pursuant to a pre -approved fee letter and other disbursements pursuant to a pre -approved fee letter and those of its attorneys, agents and employees, incurred in and about the performance of their powers and duties under this Indenture. 285
45 4147-9500-7541.3
The Community Facilities District shall, to the extent permitted by law, from Special Tax Revenues, indemnify and save the Trustee harmless against any costs, claims, expenses (including fees and expenses of its counsel) and liabilities which it may incur in the exercise and performance of its powers and duties hereunder, including the enforcement of any remedies and the defense of any suit, and which are not due to its negligence or its willful misconduct. The duty of the Community Facilities District to indemnify the Trustee shall survive the resignation or removal of the Trustee and the termination and discharge of this Indenture. 286
46 4147-9500-7541.3
ARTICLE IX
SUPPLEMENTAL INDENTURES
Section 9.01. Supplemental Indentures . (a) This Indenture and the rights and obligations of the Community Facilities District, the Trustee and the Owners hereunder may be modified or amended from time to time and at any time by a Supplemental Indenture, which the Community Facilities District and the Trustee may enter into when there are filed with the Trustee the written consents of the Owners of a majority of the aggregate principal amount of the Bonds then Outstanding, exclusive of Bonds disqualified as provided in Section 11.07. No such modification or amendment shall (i) extend the fixed maturity of any Bond, reduce the amount of principal thereof or the rate of interest thereon, extend the time of payment thereof or alter the redemption provisions thereof, without the prior written consent of the Owner of each Bond so affected, (ii) permit any pledge of, or the creation of any lien on, security interest in or charge or other encumbrance upon the assets pledged under this Indenture prior to or on a parity with the pledge contained in, and the l ien and security interest created by, this Indenture or deprive the Owners of the pledge contained in, and the lien and security interest created by, this Indenture, except as expressly provided in this Indenture, without the prior written consents of the Owners of all Bonds then Outstanding, or (iii) modify or amend this Section without the prior written consents of the Owners of all Bonds then Outstanding.
(b) This Indenture and the rights and obligations of the Community Facilities District, the Trustee and the Owners hereunder may also be modified or amended from time to time and at any time by a Supplemental Indenture, which the Community Facilities District and the Trustee may enter into without the consent of any Owners for any one or more of the following purposes:
(i) to add to the covenants and agreements of the Community Facilities District in this Indenture contained , other covenants and agreements thereafter to be observed, to pledge or assign additional security for the Bonds (or any portion thereof), or to surrender any right or power herein reserved to or conferred upon the Community Facilities District; (ii) to make such provisions for the purpose of curing any ambiguity, inconsistency or omission, or of curing or correcting any defective provision contain ed in this Indenture, provided that such modification or amendment does not materially adversely affect the rights or interests of the Owners hereunder; (iii) to provide for the issuance of one or more Series of Additional Bonds, and to provide the terms and conditions under which such Series of Additional Bonds may be issued, subject to and in accordance with the provisions of Article III; (iv) to permit the qualification of this Indenture under the Trust Indenture Act of 1939, as amended, or any similar federal statute hereafter in effect; (v) to cause interest on the Bonds to be excludable from gross income for purposes of federal income taxation by the United States of America; and 287
47 4147-9500-7541.3
(vi) in any other respect whatsoever as the Community Facilities District may deem necessary or desirable, provided that such modification or amendment does not materially adversely affect the rights or interests of the Owners hereunder. (c) Promptly after the execution by the Community Facilities District and the Trustee of any Supplemental Indentur e, the Trustee shall mail a notice (the form of which shall be furnished to the Trustee by the Community Facilities District), by first-class mail, postage prepaid, setting forth in general terms the substance of such Supplemental Indenture, to the Owners at the respective addresses shown on the Registration Books. Any failure to give such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such Supplemental Indenture.
Section 9.02. Effect of Supplemental Indenture . Upon the execution of any Supplemental Indenture pursuant to this Article, this Indenture shall be deemed to be modified and amended in accordance therewith, and the respective rights, duties and obligations under this Indenture of the Community Facilities Dis trict, the Trustee and the Owners shall thereafter be determined, exercised and enforced hereunder subject in all respects to such modification and amendment, and all the terms and conditions of any such Supplemental Indenture shall be deemed to be part of the terms and conditions of this Indenture for any and all purposes.
Section 9.03. Endorsement of Bonds; Preparation of New Bonds . Bonds delivered after the effective date of any Supplemental Indenture pursuant to this Article may and, if the Community Facilities District so determines, shall bear a notation by endorsement or otherwise in form approved by the Community Facilities District and the Trustee as to any modification or amendment provided for in such Supplemental Indenture, and, in that case, upon demand o f the Owner of any Bond Outstanding at the time of such effective date and presentation of such Bond for such purpose at the Office of the Trustee a suitable notation shall be made on such Bonds. If the Supplemental Indenture shall so provide, new Bonds so modified as to conform, in the opinion of the Community Facilities District and the Trustee, to any modification or amendment contained in such Supplemental Indenture, shall be prepared and executed by the Community Facilities District and authenticated by the Trustee and, in that case, upon demand of the Owner of any Bond Outstanding at the time of such effective date, and presentation of such Bond for such purpose at the Office of the Trustee, such a new Bond in equal principal amount of the same Series, interest rate and maturity shall be exchanged for such Owner’s Bond so surrendered.
Section 9.04. Amendment of Particular Bonds. The provisions of this Article shall not prevent any Owner from accepting any amendment or modification as to any particular Bond owned by it, provided that due notation thereof is made on such Bond. 288
48 4147-9500-7541.3
ARTICLE X
DEFEASANCE
Section 10.01. Discharge of Indenture . (a) If the Community Facilities District shall pay or cause to be paid or there shall otherwise be paid to the Owners of all Outstanding Bonds the principal thereof and the interest and premium, if any, thereon at the times and in the manner stipulated herein and therein, then the Owners shall cease to be entitled to the pledge of the Net Special Tax Revenues and the other assets pledged therefor hereunder , and all agreements, covenants and other obligations of the Community Facilities District hereunder shal l thereupon cease, terminate and become void and this Indenture shall be discharged and satisfied. In such event, the Trustee shall execute and deliver to the Community Facilities District all such instruments as may be necessary or desirable to evidence such discharge and satisfaction, and the Trustee shall pay over or deliver to the Community Facilities District all money or securities held by it pursuant hereto that are not required for the payment of the principal of and interest and premium, if any, on the Bonds.
(b) Subject to the provisions of subsection (a) of this Section, if the Community Facilities District shall pay or cause to be paid to the Owner of an Outstanding Bond the principal thereof and the interest and premium, if any, thereon at the times and in the manner stipulated herein and therein, such Owner shall cease to be entitled to the pledge of the Net Special Tax Revenues and other assets pledged therefor hereunder and all agreements, covenants and other obligations of the Community Facilitie s District hereunder shall thereupon cease, terminate and become void and this Indenture shall be discharged and satisfied as to such Bond. (c) Notwithstanding the discharge and satisfaction of this Indenture or the discharge and satisfaction of this Indenture in respect of any Bond, those provisions of this Indenture relating to the maturity of the Bonds, interest payments and dates thereof, exchange and transfer of Bonds, replacement of mutilated, destroyed, lost or stolen Bonds, the safekeeping and cancellat ion of Bonds, non -presentment of Bonds, and the duties of the Trustee in connection with all of the foregoing, shall remain in effect and shall be binding upon the Trustee and the Owner of such Bond, and the Trustee shall continue to be obligated to hold i n trust any moneys or investments then held by the Trustee for the payment of the principal of and interest and premium, if any, on such Bond, and to pay to the Owner of such Bond the funds so held by the Trustee as and when such payment becomes due.
Section 10.02. Bonds Deemed To Have Been Paid . (a) If moneys shall have been set aside and held by the Trustee for the payment or redemption of any Bond and the payment of the interest thereon to the maturity or redemption date thereof, such Bond shall be deemed to have been paid within the meaning and with the effect provided in Section 10.01. Any Outstanding Bond shall prior to the maturity date or redemption date thereof be deemed to have been paid within the meaning of and with the effect expressed in Section 10.01 if (i) in case such Bond is to be redeemed on any date prior to its maturity date, the Community Facilities District shall have given to the Trustee in form satisfactory to it irrevocable instructions to mail, on a date in accordance with the provisions of Section 4.02 , notice of redemption of such Bond on said redemption date, said notice to be given in accordance with Section 4.02, (ii) there shall have been deposited with the Trustee either (A) money in an amount which shall be sufficient, or (B) 289
49 4147-9500-7541.3
Defeasance Securities, the principal of and the interest on which when due, and without any reinvestment thereof, together with the money, if any, deposited therewith, will provide moneys which shall be sufficient to pay when due the interest to become due on such Bond on and prior to the maturity date or redemption date thereof, as the case may be, and the principal of and premium, if any, on such Bond, and (iii) in the event such Bond is not by its terms subject to redemption within the next succeeding 60 days, the Community Facilities District shall have given the Trustee, in form satisfactory to it, irrevocable instructions to mail as soon as practicable, a notice to the Owner of such Bond that the deposit required by clause (ii) above has been made with the Trustee and that such Bond is deemed to have been paid in accordance with this Section and stating the maturity date or redemption date upon which money is to be available for the payment of the principal of and premium, if any, on such Bond.
(b) No Bond shall be deemed to have been paid pursuant to clause (ii) of subsection (a) of this Section unless the Community Facilities District shall have caused to be delivered to the Community Facilities District and the Trustee (i) an executed copy of a Ver ification Report with respect to such deemed payment, addressed to the Community Facilities District and the Trustee, in form and in substance acceptable to the Community Facilities District, (ii) a copy of the escrow agreement entered into in connection with the deposit pursuant to clause (ii)(B) of subsection (a) of this Section resulting in such deemed payment, which escrow agreement shall be in form and in substance acceptable to the Community Facilities District and which escrow agreement shall provide that no substitution of Defeasance Securities shall be permitted except with other Defeasance Securities and upon delivery of a new Verification Report, and no reinvestment of Defeasance Securities shall be permitted except as contemplated by the original Verification Report or upon delivery of a new Verification Report, and (iii) a copy of an opinion of Bond Counsel, dated the date of such deemed payment and addressed to the Community Facilities District and the Trustee, in form and in substance acceptable to the Community Facilities District, to the effect that such Bond has been paid within the meaning and with the effect expressed in this Indenture, all agreements, covenants and other obligations of the Community Facilities District hereunder have cease d, terminated and become void and the Indenture has been completely discharged and satisfied as to such Bonds.
Section 10.03. Unclaimed Moneys . Any moneys held by the Trustee in trust for the payment of the principal of, or premium or interest on, any Bond that remain unclaimed for two years after the date when such principal, premium or interest has become payable, if such moneys were held by the Trustee at such date, or for two years after the date of deposit of such moneys if deposited with the Trustee after the date when such principal, premium or interest become payable, shall be repaid by the Trustee to the Community Facilities District as its absolute property free from trust, and the Trustee shall thereupon be released and discharged with respect thereto and the Owner of such Bond shall look only to the Community Facilities District for the payment of such principal, premium or interest. The Trustee shall hold any such moneys uninvested. 290
50 4147-9500-7541.3
ARTICLE XI
MISCELLANEOUS
Section 11.01. Notices. Any written notice, statement, demand, consen t, approval, authorization, offer, designation, request or other communication to be given hereunder shall be given to the party entitled thereto at its address set forth below, or at such other address as such party may provide to the other parties in writing from time to time, namely:
If to the Community Facilities District:
City of Fontana Community Facilities
District No. 95 (Summit at Rosena Phase Two)
c/o City of Fontana
8353 Sierra Avenue
Fontana, California 92335
Attention: Chief Financial Officer, Management Services If to the Trustee:
U.S. Bank Trust Company, National Association
633 West Fifth Street, 24th Floor
Los Angeles, California 90071
Attention: Global Corporate Trust
Each such notice, statement, demand, consent, approval, authorization, offer, designation, request or other communication hereunder shall be deemed delivered to the party to whom it is addressed (a) if given by courier or delivery service or if personally served or delivered, upon delivery, (b) if given by telecopier, upon the sender’s receipt of an appropriate answerback or other written acknowledgment, (c) if given by electronic mail, on the date sent, but only if confirmation of the receipt of such electronic mail is received or if notice is concurrently sent by another means specified herein, (d) if given by registered or certified mail, return receipt requested, deposited with the United States mail postage prepaid, 72 hours after such notice is deposited with the United States mail, or ( e) if given by an y other means, upon delivery at the address specified in this Section.
Section 11.02. Successor Is Deemed Included in All References to Predecessor .
Whenever in this Indenture either the Community Facilities District or the Trustee is named or referred to, such reference shall be deemed to include the successors or assigns thereof, and all the covenants and agreements in this Indenture contained required hereby to be performed by or on behalf of the Community Facilities District or the Trustee shall bind and inure to the benefit of the respective successors and assigns thereof whether so expressed or not.
Section 11.03. Limitation of Rights. Nothing in this Indenture or in the Bonds expressed or implied is intended or shall be construed to give to any Person other than the Trustee, the Community Facilities District and the Owners any legal or equitable right, remedy or claim under or in respect of this Indenture or any covenant, condition or provision therein or herein contained, 291
51 4147-9500-7541.3
and all such covenants, conditions and provisions are and shall be held to be for the sole and exclusive benefit of the Trustee, the Community Facilities District and the Owners.
Section 11.04. Destruction of Bonds. Whenever in this Indenture provision is made for the cancellation by the Trustee and the delivery to the Community Facilities District of any Bonds, the Trustee shall, in lieu of such cancellation and delivery, destroy such Bonds.
Section 11.05. Severability of Invalid Provisions. If any one or more of the provisions contained in this Indenture or in the Bonds shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions contained in this Indenture and such invalidity, illegality or unenforceability shall not affect any other provision of this Indenture, and this Indenture shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein.
The Community Facilities District hereby declares that it would have entered into this Indenture and each and every other Section, subsection, paragraph, sentence, clause or phrase hereof and authorized the issuance of the Bonds pursuant thereto irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences, clauses or phrases of this Indenture may be held illegal, invalid or unenforceable.
Section 11.06. Evidence of Rights of Owners. Any request, consent or other instrument required or permitted by this Indenture to be signed and executed by Owners may be in any number of concurrent instruments of substantially similar tenor and shall be signed or executed by such Owners in person or by an agent or agents duly appointed in writing. Proof of the execution of any such request, consent or other instrument or of a writing appointing any such agent, shall be sufficient for any purpose of this Indenture and shall be conclusive in favor of the Trustee and the Community Facilities District if made in the manner provided in this Section.
The fact and date of the execution by any Person of any such request, consent or other instrument or writing may be proved by the certificate of any notary public or other officer of any jurisdiction, authorized by the laws thereof to take acknowledgments of deeds, certifying that the Person signing such request, consent or other instrument acknowledged to such notary public or such officer the execution thereof, or by an affidavit of a witness of such execution duly sworn to before such notary public or other officer.
The ownership of Bonds shall be proved by the Registration Books.
Any request, consent or other instrument or writing of the Owner of any Bo nd shall bind every future Owner of the same Bond and the Owner of every Bond issued in exchange therefor or in lieu thereof, in respect of anything done or suffered to be done by the Trustee or the Community Facilities District in accordance therewith or reliance thereon.
Section 11.07. Disqualified Bonds. In determining whether the Owners of the requisite aggregate principal amount of Bonds have concurred in any demand, request, direction, consent or waiver under this Indenture, Bonds that are known by the Trustee to be owned or held by or for the account of the Community Facilities District, or by any other obligor on the Bonds, or by any Person directly or indirectly controlling or controlled by, or under direct or indirect common control with, the Community Facili ties District or any other obligor on the Bonds, shall be 292
52 4147-9500-7541.3
disregarded and deemed not to be Outstanding for the purpose of any such determination. Bonds so owned which have been pledged in good faith may be regarded as Outstanding for the purposes of this Section if the pledgee shall establish to the satisfaction of the Trustee the pledgee’s right to vote such Bonds and that the pledgee is not a Person directly or indirectly controlling or controlled by, or under direct or indirect common control with, the Community Facilities District or any other obligor on the Bonds. In case of a dispute as to such right, any decision by the Trustee taken upon the advice of counsel shall be full protection to the Trustee. Upon request of the Trustee, the Community Facilities District shall specify in a Written Certificate of the Community Facilities District delivered to the Trustee those Bonds disqualified pursuant to this Section and the Trustee may conclusively rely on such Written Certificate.
Section 11.08. Money Held for Particular Bonds. The money held by the Trustee for the payment of the interest, principal or premium due on any date with respect to particular Bonds (or portions of Bonds in the case of Bonds redeemed in part only) shall, on and after such date and pending such payment, be set aside on its books and held in trust by it for the Owner entitled thereto, subject, however, to the provisions of Section 10.03, but without any liability for interest thereon.
Section 11.09. Funds and Accounts. Any fund or account required by this Indenture to be established and maintained by the Trustee may be established and maintained in the accounting records of the Trustee, either as a fund or an account, and may, for the purposes of such records, any audits thereof and any reports or statements with respect thereto, be treated either as a fund or as an account, but all such records with respect to all such funds and accounts shall at all times be maintained in accordance with prudent corporate trust industry standards, and with due regard for the requirements hereof and for the protection of the security of the Bonds and the rights of every Owner thereof. The Trustee may establish any such additional funds or accounts as it deems necessary to perform its obligations hereunder.
Section 11.10. Business Days. If the date for making any payment or the last date for performance of any act or the exercising of any right, as provided in this Indenture , shall not be a Business Day, such payment may be made or act performed or right exercised on the next succeeding Business Day, with the same force and effect as if done on the nominal date provided in this Indenture and, unless otherwise specifically provided in this Indenture, no interest shall accrue for the period from and after such nominal date.
Section 11.11. Waiver of Personal Liability. No member, officer, agent or employee of the Community Facilities District or the City shall be individually or personally liable for the payment of the principal of or premium or interest on the Bonds or be subject to any persona l liability or accountability by reason of the issuance thereof , but nothing herein contained shall relieve any such member, officer, agent or employee from the performance of any official duty provided by any applicable provision of law or by this Indenture.
Section 11.12. Conflict with Act. In the event of any conflict between any provision of this Indenture and any provision of the Act, the provision of the Act shall prevail over the provision of this Indenture.
293
53 4147-9500-7541.3
Section 11.13. Conclusive Evidence of Regularity . Bonds issued p ursuant to this Indenture shall constitute evidence of the regularity of all proceedings under the Act relative to their issuance and the levy of the Special Taxes.
Section 11.14. Governing Laws. This Indenture shall be governed by and construed in accordance with the laws of the State.
Section 11.15. Electronic Signature. Each of the parties hereto agrees that the transaction consisting of this Indenture may be conducted by electronic means. Each party agrees, and acknowledges that it is such party’s intent, that if such party signs this Indenture using an electronic signature, it is signing, adopting and accepting this Indenture and that signing this Indenture using an electronic signature is the legal equivalent of having placed its handwritten signature on this Indenture on paper. Each party acknowledges that it is being provided with an electronic or paper copy of this Indenture in a usable format.
Section 11.16. Execution in Several Counterparts. This Indenture may be executed in any number of counterparts and each of such counte rparts shall for all purposes be deemed to be an original, and all such counterparts shall together constitute but one and the same instrument.
IN WITNESS WHEREOF, the Community Facilities District has caused this Indenture to be signed in its name by its representative thereunto duly authorized, and the Trustee, in token of its acceptance of the trusts created hereunder, has caused this Indenture to be signed in its corporate name by its officer thereunto duly authorized, all as of the day and year first a bove written.
CITY OF FONTANA
COMMUNITY FACILITIES DISTRICT
NO. 95 (SUMMIT AT ROSENA PHASE
TWO)
By:
_____________, City Manager
of the City of Fontana
U.S. BANK TRUST COMPANY,
NATIONAL ASSOCIATION, AS
TRUSTEE
By:
Authorized Officer
294
A-1
4147-9500-7541.3
EXHIBIT A
PERMITTED INVESTMENTS
“Permitted Investments” means the following:
(1) Direct general obligations of the United States of America (including obligations issued or held in book -entry form on the books of the Dep artment of the Treasury of the United States of America);
(2) Obligations of any of the following federal agencies which obligations represent the full faith and credit of the United States of America, including:
-Export-Import Bank
-Rural Economic Community Development Administration
-U.S. Maritime Administration
-Small Business Administration
-U.S. Department of Housing & Urban Development (PHAs)
-Federal Housing Administration
-Federal Financing Bank;
(3) Direct obligations of any of the following feder al agencies which obligations are not fully guaranteed by the full faith and credit of the United States of America:
-Senior debt obligations issued by the Federal National Mortgage Association (FNMA) or Federal Home Loan Mortgage Corporation (FHLMC)
-Obligations of the Resolution Funding Corporation (REFCORP) -Senior debt obligations of the Federal Home Loan Bank System; (4) U.S. dollar denominated deposit accounts, federal funds and bankers’ acceptances with domestic commercial banks which have a rating on their short term certificates of deposit on the date of purchase of “P -1” by Moody’s and “A -1” or “A-1+” by S&P and maturing not more than 360 calendar days after the date of purchase (ratings on holding companies are not considered as the rating of the bank);
(5) Commercial paper which is rated at the time of purchase in the single highest classification, “P -1” by Moody’s and “A -1+” by S&P and which matures not more than 270 calendar days after the date of purchase;
(6) Investments in a money market fund rated “AAAm” or “AAAm -G” or better by S&P, including a fund for which the Trustee, its parent holding company, if any, or any affiliates or subsidiaries of the Trustee provide investment advisory or other management services; (7) Pre-refunded Municip al Obligations defined as follows: any bonds or other obligations of any state of the United States of America or of any agency, instrumentality or local governmental unit of any such state which are not callable at the option of the obligor prior to maturity or as to which irrevocable instructions have been given by the obligor to call on the date specified in the notice; and
295
A-2
4147-9500-7541.3
(a) which are rated, based on an irrevocable escrow account or fund (the “escrow”), in the highest rating category of Moody’s or S&P or any successors thereto; or (b) (i) which are fully secured as to principal and interest and redemption premium, if any, by an escrow consisting only of cash or obligations described in paragraph (2) above, which escrow may be applied only to the payment of such principal of and interest and redemption premium, if any, on such bonds or other obligations on the maturity date or dates thereof or the specified redemption date or dates pursuant to such irrevocable instructions, as appropriate, and (ii) which escrow is sufficient, as verified by a nationally recognized independent certified public accountant, to pay principal of and interest and redemption premium, if any, on the bonds or other obligations described in this paragraph on the maturity date or dates specified in the irrevocable instructions referred to above, as appropriate;
(8) Municipal obligations rated “Aaa/AAA” or general obligations of states with a rating of “A2/A” or higher by both Moody’s and S&P;
(9) Investment agreements with a domestic or foreign bank or corporation (other than a life or property casualty insurance company) the long -term debt of which, or, in the case of a guaranteed corporation the long -term debt, or, in the case of a monoline financial guaranty insurance company, claims paying ability, of the guarantor is rated at least “Aa3” by Moody’s and “AA-” by S&P; provided, that, by the terms of the investment agreement:
(a) the invested funds are available for withdrawal without penalty or premium, at any time upon not more than seven days’ prior notice; (b) the investment agreement shall state that it is the unconditional and general obligation of, and is not subordinated to any other obligation of, the provider thereof or, if the provider is a bank, the agreement or the opinion of counsel shall state that the obligation of the provider to make payments thereunder ranks pari passu with the obligations of the provider to its other depositors and its other unsecured and unsubordinated creditors; (c) the Trustee or the Community Facilities District receive the opinion of domestic counsel that such investment agreement is legal, valid and binding and enforceable against the provider in accordance with its terms and of foreign counsel (if applicable);
(d) the investment agreement shall provide that if during its term (i) the provider’s rating by either Moody’s or S&P falls below “Aa3” or “AA-,” respectively, the provider shall, at its option, within 10 days of receipt of publication of such downgrade, either (A) collateralize the i nvestment agreement by delivering or transferring in accordance with applicable state and federal laws (other than by means of entries on the provider’s books) to the Trustee or a holder of the collateral, collateral free and clear of any third-party liens or claims the market value of which collateral is maintained at levels and upon such conditions as would be acceptable to Moody’s and S&P to maintain an “A” rating in an “A” rated structured financing (with a market value approach); or (B) repay the principal of and accrued but unpaid interest, on the investment, and (ii) the provider’s 296
A-3
4147-9500-7541.3
rating by either Moody’s or S&P is withdrawn or suspended or falls below “A3” or “A -,” respectively, the provider must, at the direction of the Community Facilities District or the Trustee, within 10 days of receipt of such direction, repay the principal of and accrued but unpaid interest on the investment, in either case with no penalty or premium to the Trustee; (e) the investment agreement shall state, and an opinion of c ounsel shall be rendered, in the event collateral is required to be pledged by the provider under the terms of the investment agreement, at the time such collateral is delivered, that the holder of collateral has a perfected first priority security interes t in the collateral, any substituted collateral and all proceeds thereof (in the case of bearer securities, this means the holder of collateral is in possession); and
(f) the investment agreement must provide that if during its term (i) the provider shall default in its payment obligations, the provider’s obligations under the investment agreement shall, at the direction of the Community Facilities District or the Trustee, be accelerated and amounts invested and accrued but unpaid interest thereon shall be repaid to the Trustee, and (ii) the provider shall become insolvent, not pay its debts as they become due, be declared or petition to be declared bankrupt, etc., the provider’s obligations shall automatically be accelerated and amounts invested and accrued but unpaid interest thereon shall be repaid to the Trustee.
297
B-1
4147-9500-7541.3
EXHIBIT B
FORM OF SERIES 2022 BOND
No. ________________ $____________
CITY OF FONTANA
COMMUNITY FACILITIES DISTRICT NO. 95
(SUMMIT AT ROSENA PHASE TWO)
SPECIAL TAX BOND, SERIES 2022
INTEREST RATE MATURITY DATE DATED DATE CUSIP
% September 1, 20__ ___________, 2022
REGISTERED OWNER:
PRINCIPAL AMOUNT:
City of Fontana Community Facilities District No. 95 (Summit at Rosena Phase Two) (the “Community Facilities District”), for value received, hereby promises to pay, solely from the sources hereinafter described, to the Registered Owner identified above or registered assigns (the “Registered Owner”), on the Maturity Date identified above or on any earlier redemption date, the Principal Amount identified above in lawful money of the United States of America; and to pay interest thereon at the Interest Rate id entified above in like lawful money from the date hereof payable semiannually on March 1 and September 1 in each year, commencing ________ 1, 20__ (the “Interest Payment Dates”), until payment of such Principal Amount in full.
This Bond is one of a series of a duly authorized issue of bonds approved by the qualified electors of the Community Facilities District, pursuant to the Mello -Roos Community Facilities Act of 1982, constituting Sections 53311 et seq. of the California Government Code (the “Act”), and issued for the purpose of financing certain public facilities, and is one of the series of bonds designated “City of Fontana Community Facilities District No. 95 (Summit at Rosena Phase Two) Special Tax Bonds, Series 2022” (the “Series 2022 Bonds”) in the aggregate principal amount of $__________. The Series 2022 Bonds are issued pursuant to the Indenture, dated as of _______ 1, 2022 (the “Indenture”), by and between the Community Facilities District and U.S. Bank Trust Company, National Association, as trustee (said entity or any successor thereto as trustee under the Indenture, the “Trustee”), and this reference incorporates the Indenture herein, and by acceptance hereof the owner of this Bond assents to said terms and conditions. Pursuant to and as more particularly provided in the Indenture, additional bonds (“Additional Bonds”) may be issued by the Community Facilities District on a parity with the Series 2022 Bonds. The Series 2022 Bonds and any Additional Bonds are collectively referred to as the “Bonds.” The Indenture is entered into, and this Bond is issued under, the Act and the laws of the State of California.
Capitalized undefined terms used herein shall have the meanings ascribed thereto in the Indenture. 298
B-2
4147-9500-7541.3
Interest on the Series 2022 Bonds shall be payable from the Interest Payment Date next preceding the date of authentication thereof unless (a) a Series 2022 Bond is authenticated on or before an Interest Payment Date and after the close of business on the preceding Record Date, in which event interest thereon shall be payable from such Interest Payment Date, (b) a Series 2022 Bond is authenticated on or before the first Record Date, in which event interest thereon shall be payable from the Closing Date, or (c) interest on any Series 2022 Bond is in default as of the date of authentication thereof, in which event interest thereon shall be payable from the date to which interest has previously been paid or duly provided for. Interest shall be paid in lawful money of the United States o n each Interest Payment Date. Interest shall be paid by check of the Trustee mailed by first -class mail, postage prepaid, on each Interest Payment Date to the Owners of the Series 2022 Bonds at their respective addresses shown on the Registration Books as of the close of business on the preceding Record Date. Notwithstanding the foregoing, interest on any Series 2022 Bond which is not punctually paid or duly provided for on any Interest Payment Date shall, if and to the extent that amounts subsequently beco me available therefor, be paid on a payment date established by the Trustee to the Person in whose name the ownership of such Series 2022 Bond is registered on the Registration Books at the close of business on a special record date to be established by the Trustee for the payment of such defaulted interest, notice of which shall be given to such Owner not less than ten days prior to such special record date. The principal of the Series 2022 Bonds shall be payable in lawful money of the United States of Ame rica upon presentation and surrender thereof upon maturity or earlier redemption at the Office of the Trustee.
The Bonds are special obligations of the Community Facilities District, payable, as provided in the Indenture, solely from Net Special Tax Revenu es and the other assets pledged therefor thereunder. Neither the faith and credit nor the taxing power of the Community Facilities District (except to the limited extent set forth in the Indenture), the City of Fontana or the State of California, or any political subdivision thereof, is pledged to the payment of the Bonds.
Pursuant to and as more particularly provided in the Indenture, subject only to the provisions of the Indenture permitting the application thereof for the purposes and on the terms and conditions set forth therein, in order to secure the payment of the principal of, premium, if any, and interest on the Bonds in accordance with their terms, the provisions of the Indenture and the Act, the Community Facilities District pledges to the Owners, and grants thereto a lien on and a security interest in, all of the Net Special Tax Revenues and any other amounts held in the Special Tax Fund, the Bond Fund and the Reserve Fund. Said pledge constitutes a first lien on and security interest in such assets, which shall immediately attach to such assets and be effective, binding and enforceable against the Community Facilities District, its successors, purchasers of any of such assets, creditors and all others asserting rights therein, to the extent set forth in, and in accordance with, the Indenture, irrespective of whether those parties have notice of the pledge of, lien on and security interest in such assets and without the need for any physical delivery, recordation, filing or further act.
The Series 2022 Bonds are subject to redemption on the dates, at the Redemption Prices and pursuant to the terms set forth in the Indenture. Notice of redemption of any Series 2022 Bond or any portion thereof shall be given as provided in the Indenture.
The Series 202 2 Bonds are issuable as fully -registered Bonds without coupons in Authorized Denominations ($5,000 and any integral multiple thereof). 299
B-3
4147-9500-7541.3
Any Series 2022 Bond may be transferred upon the Registration Books by the Person in whose name it is registered, in person or by such Person’s duly authorized attorney, upon surrender of such Series 2022 Bond to the Trustee for cancellation, accompanied by delivery of a written instrument of transfer, duly executed in a form acceptable to the Trustee. Whenever any Series 2022 Bond or Series 2022 Bonds shall be so surrendered for transfer, the Community Facilities District shall execute and the Trustee shall authenticate and shall deliver a new Series 2022 Bond or Series 2022 Bonds of the same maturity in a like aggregate principal amount, in any Authorized Denomination. The Trustee shall require the Owner requesting such transfer to pay any tax or other governmental charge required to be paid with respect to such transfer. The Series 2022 Bonds may be exchanged at the Office of the Trustee for a like aggregate principal amount of Series 2022 Bonds of the same maturity of other Authorized Denominations. The Trustee shall require the payment by the Owner requesting such exchange of any tax or other governmental charge required to be paid with respect to such exchange.
The Indenture and the rights and obligations of the Community Facilities District, the Trustee and the Owners may be modified or amended in the manner, to the extent, and upon the terms provided in the Indenture.
The Indenture contains provisions permitting the Community Facilities District to make provision for the payment of the principal of and the interest and premium, if any, on any of the Bonds so that such Bonds shall no longer be deemed to be Outstanding un der the terms of the Indenture.
Unless this Bond is presented by an authorized representative of The Depository Trust Company to the Trustee for registration of transfer, exchange or payment, and any Bond issued is registered in the name of Cede & Co. or s uch other name as requested by an authorized representative of The Depository Trust Company and any payment is made to Cede & Co., ANY
TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL since the registered owner he reof, Cede & Co., has an interest herein.
300
B-4
4147-9500-7541.3
IN WITNESS WHEREOF, the Community Facilities District has caused this Bond to be signed in its name and on its behalf by the manual or facsimile signature of the Mayor of the City of Fontana attested by the manual or facsimile signature of the City Clerk of the City of Fontana, all as of the Dated Date identified above.
CITY OF FONTANA COMMUNITY
FACILITIES DISTRICT NO. 95
(SUMMIT AT ROSENA PHASE TWO)
By:
Mayor of the City of Fontana
Attest:
By:
City Clerk of the City of Fontana
301
B-5
4147-9500-7541.3
CERTIFICATE OF AUTHENTICATION
This is one of the Series 2022 Bonds described in the within -mentioned Indenture and registered on the Registration Books.
Date: _______________
U.S. BANK TRUST COMPANY,
NATIONAL ASSOCIATION, AS
TRUSTEE
By:
Authorized Officer
302
B-6
4147-9500-7541.3
ASSIGNMENT
For value received the undersigned hereby sells, assigns and transfers unto __________________________________, whose address and social security or other tax identifying number is ____________ ________, the within -mentioned Bond and hereby irrevocably constitute(s) and appoint(s) ______________________________, attorney, to transfer the same on the registration books of the Trustee with full power of substitution in the premises.
Dated:
Signature Guaranteed:
Note: Signature guarantee shall be made by a guarantor
institution participating in the Securities Transfer
Agents Medallion Program or in such other guarantee
program acceptable to the Trustee.
Note: The signature(s) on this Assignment must correspond with the name(s) as written on the face of the within Bond in every particular without alteration or enlargement or any change whatsoever.
303
4133-6907-5253.2
CONTINUING DISCLOSURE AGREEMENT
by and among
CITY OF FONTANA
COMMUNITY FACILITIES DISTRICT NO. 95
(SUMMIT AT ROSENA PHASE TWO)
U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION,
AS TRUSTEE
and
U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION,
AS DISSEMINATION AGENT
Dated as of _________ 1, 2022
City of Fontana
Community Facilities District No. 95
(Summit at Rosena Phase Two)
Special Tax Bonds, Series 2022
304
4133-6907-5253.2
CONTINUING DISCLOSURE AGREEMENT
THIS CONTINUING DISCLOSURE AGREEMENT (this “Disclosure Agreement”), dated as of _________ 1, 2022 , is by and among CITY OF FONTANA COMMUNITY FACILITIES DISTRICT NO. 95 (SUMMIT AT ROSENA PHASE TWO), a community facilities district organized and existing under the laws of the State of California (the “Community Facilities District”), and U.S. BANK TRUST COMPANY, NATIONA L ASSOCIATION , a national banking association organized and existing under the laws of the United States of America (“U.S.
Bank”), in its capacity as Trustee (the “Trustee”) and in its capacity as Dissemination Agent (the “Dissemination Agent”).
W I T N E S S E T H :
WHEREAS, the Community Facilities District has issued its City of Fontana Community Facilities District No. 95 (Summit at Rosena Phase Two) Special Tax Bonds, Series 2022 (the “Series 2022 Bonds”), in the aggregate principal amount of $ __________, pursuant to the Indenture, dated as of _________ 1, 2022 (the “Indenture”), by and between the Community Facilities District and the Trustee; and
WHEREAS, this Disclosure Agreement is being executed and delivered by the Community Facilities District , the Trustee and the Dissemination Agent for the benefit of the owners and beneficial owners of the Series 2022 Bonds and in order to assist the underwriter of the Series 2022 Bonds in complying with Securities and Exchange Commission Rule 15c2 - 12(b)(5);
NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the receipt whereof is hereby acknowledged, the parties hereto agree as follows:
Section 1. Definitions. Unless the context otherwise requires, the terms defined in this Section shall for all purposes of this Disclosure Agreement have the meanings herein specified.
Capitalized undefined terms used herein shall have the meanings ascribed thereto in the Indenture. “Annual Report” means any Annual Report provided by the Communi ty Facilities District pursuant to, and as described in, Sections 2 and 3 hereof. “Annual Report Date” means the date in each year that is the first day of the month following the eighth month after the end of the Community Facilities District’s fiscal year, which date, as of the date of this Disclosure Agreement, is March 1. “Community Facilities District” means City of Fontana Community Facilities District No. 95 (Summit at Rosena Phase Two), a community facilities district organized and existing under the laws of the State, and its successors.
“Disclosure Representative” means the Chief Financial Officer, Management Services , of the City, or his or her designee, or such other person as the Community Facilities District shall designate in writing to the Trustee and the Dissemination Agent from time to time. 305
2 4133-6907-5253.2
“Dissemination Agent” means U.S. Bank, acting in its capacity as Dissemination Agent hereunder, or any successor Dissemination Agent designated in writing by the Community Facilities District and which has filed with the Trustee and the then existing Dissemination Agent a written acceptance of such designation.
“Financial Obligation” means (a) a debt obligation of the Community Facilities District, (b) a derivative instrument entered into in conne ction with, or pledged as security or a source of payment for, an existing or planned debt obligation of the Community Facilities District, or (c) a guarantee of (i) a debt obligation of the Community Facilities District, or (ii) a derivative instrument described in clause (b), above; provided, however, that the term “Financial Obligation” shall not include “municipal securities” (as such term is defined in the Securities Exchange Act of 1934, as amended) as to which a “final official statement” (as such term is defined in the Rule) has been provided to the MSRB consistent with the Rule.
“Indenture” means the Indenture, dated as of _________ 1, 2022 , by and between the Community Facilities District and U.S. Bank Trust Company, National Association, as Trustee, as originally executed and as it may be modified or amended from time to time in accordance with its terms.
“Listed Events” means any of the events listed in subsection (a) or subsection (b) of Section 4 hereof.
“MSRB” means the Municipal Securities Rulemaking Board or any other entity designated or authorized by the Securities and Exchange Commission to receive reports pursuant to the Rule.
Until otherwise designated by the MSRB or the Securities and Exchange Commission, filings with the MSRB are to be made through the Electronic Municipal Market Access (EMMA) website of the MSRB, currently located at http://emma.msrb.org.
“Participating Underwriter” means the original underwriter of the Series 2022 Bonds required to comply with the Rule in connection with the offering of the Series 2022 Bonds. “Rule” means Rule 15c2 -12(b)(5) adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time. “Trustee” means U.S. Bank Trust Company, National Association , as Trustee under the Indenture, or any successor thereto as Trustee thereunder substituted in its place as provided therein.
Section 2. Provision of Annual Reports. (a) The Community Facilities District shall, or shall cause the Dissemination Agent to, provide to the MSRB an Annual Report that is consistent with the requirements of Section 3 hereof, not later than the Annual Report Date, commencing with the report for the 2021-22 Fiscal Year. The Annual Report may include by reference other information as provided in Section 3 hereof; provided, however, that the audited financial statements of the Community Facilities District, if any, may be submitted separately from the balance of the Annual Report, and later than the date required above for the filing of the Annual Report if they are not available by that date. If the Community Facilities District’s fiscal year changes, it shall, or it shall instruct the Dissemination Agent to, g ive notice of such change in a filing with the MSRB.
306
3 4133-6907-5253.2
(b) Not later than 15 business days prior to the date specified in subsection (a) of this Section for the providing of the Annual Report to the MSRB, the Community Facilities District shall provide the Annual Report to the Dissemination Agent. If by such date, the Dissemination Agent has not received a copy of the Annual Report, the Dissemination Agent shall contact the Community Facilities District to determine if the Community Facilities Di strict is in compliance with the first sentence of this subsection (b).
(c) If the Dissemination Agent has not received a copy of the Annual Report from the Community Facilities District by the date specified in subsection (a) of this Section, the Dissemination Agent shall, in a timely manner, send a notice to the MSRB in substantially the form attached as Exhibit A.
(d) The Dissemination Agent shall:
(i) provide each Annual Report received by it to the MSRB, as provided herein; and
(ii) file a report with the Community Facilities District and the Trustee certifying that such Annual Report has been provided pursuant to this Disclosure Agreement and stating the date it was provided to the MSRB.
Section 3. Content of Annual Reports . The Community Facilities District’s Annual Report shall contain or incorporate by reference the following:
(a) The Community Facilities District’s audited financial statements, if any, prepared in accordance with generally accepted accounting principles as promulgated to apply to governmental entities from time to time by the Governmental Accounting Standards Board. If the Community Facilities District’s audited financial statements, if any, are not available by the time the Annual Report is required to be filed pursuant to subsection (a) of Section 2 hereof, the Annual Report shall contain unaudited financial statements, in a format similar to that used for the Community Facilities District’s audited financial statements, and the audited financial statements, if any, shall be filed in the same manner as the Annual Report when they become available.
(b) The following information:
(i) The principal amount of Series 2022 Bonds Outstanding as of the December 31 next preceding the Annual Report Date;
(ii) The principal amount of Additional Bonds, if any, Outstanding as of the December 31 next preceding the Annual Report Date;
(iii) The balance in the Reserve Fund, and a statement of the Reserve Requirement, as of the December 31 next preceding the Annual Report Date; (iv) The balance in the (A) Acquisition Account, and (B) the Construction Account, as of the December 31 next preceding the Annual Report Date;
307
4 4133-6907-5253.2
(v) The total assessed value of all parcels within the Community Facilities District on whi ch the Special Taxes are l evied, as shown on the assessment roll of the San Bernardino County Assessor last equalized prior to the December 31 next preceding the Annual Report Date, and a statement of assessed value-to-bonded debt ratios therefor, either by individual parcel or by categories (e.g., “below 3:1,” “3:1 to 4.99:1,” etc.);
(vi) Value-to-bonded debt information, based on the assessed values in the assessment roll of the San Bernardino County Assessor last equalized prior to the December 31 next preceding the Annual Report Date, for (A) each property owner that owns four or more taxable parcels within the Communi ty Facilities District, and (B) all other property owners, aggregated together, owning taxable parcels within the Community Facilities District;
(vii) The Special Tax delinquency rate for all parcels within the Community Facilities District, as shown on the a ssessment roll of the San Bernardino County Assessor last equalized prior to the December 31 next preceding the Annual Report Date, the number of parcels within the Community Facilities District delinquent in payment of Special Taxes as of the December 31 next preceding the Annual Report Date, the amount of each delinquency, the length of time delinquent and the date on which foreclosure was commenced, or similar information pertaining to delinquencies deemed appropriate by the Community Facilities District; provided, however, that parcels with aggregate delinquencies of $5,000 or less (excluding penalties and interest) may be grouped together and such information may be provided by category;
(viii) The status of foreclosure proceedings and a summary of the result s of any foreclosure sales as of the December 31 next preceding the Annual Report Date;
(ix) The identity of any property owner representing more than 5% of the Special Tax levy delinquent in payment of Special Taxes as of the December 31 next preceding the Annual Report Date;
(x) A land ownership summary listing property owners responsible for more than 5% of the annual Special Tax, as shown on the assessment roll of the San Bernardino County Assessor last equalized prior to the December 31 next preceding the Annual Report Date;
(xi) A description of any changes to the Rate and Method approved by, or submitted for approval to, the qualified electors of the Community Facilities District during the period from the date of filing the prior year’s Annual Report to the date of filing such Annual Report;
(xii) A statement as to whether the County includes the Special Taxes in its Teeter Plan; and
308
5 4133-6907-5253.2
(xiii) A description of the number of building permits issued for initial construction of units on property within the Community Facilities District during the one-year period ending on the December 31 next preceding the Annual Report Date.
Any or all of the items listed above may be included by specific reference to other documents, including official statements of debt issues of the Communit y Facilities Dist rict or related public entities that have been made available to the public on the MSRB’s website . The Community Facilities District shall clearly identify each such other document so included by reference.
Section 4. Reporting of Significant Events. (a) Pursuant to the provisions of this Section, the Community Facilities District shall give, or cause to be given, notice of the occurrence of any of the following events with respect to the Series 2022 Bonds in a timely manner not later than ten business days after the occurrence of the event:
(i) Principal and interest payment delinquencies.
(ii) Unscheduled draws on debt service reserves reflecting financial difficulties. (iii) Unscheduled draws on credit enhancements reflecting financial difficulties. (iv) Substitution of credit or liquidity providers, or their failure to perform. (v) Adverse tax opinions or issuance by the Internal Revenue Service of proposed or final determination of taxability or of a Notice of Proposed Issue (IRS Form 5701 TEB).
(vi) Tender offers.
(vii) Defeasances.
(viii) Rating changes.
(ix) Bankruptcy, insolvency, receivership or similar event of the Community Facilities District.
(x) Default, event of acceleration, termination event, modification of terms or other similar events under the terms of a Financial Obligation, any of which reflect financial difficulties.
For purposes of the event identified in paragraph (ix) of this subsection , the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal age nt or similar officer for the Community Facilities District in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the Community Facilities District, or if such jurisdiction has been assumed by leaving the existing governmental body and officials or officers in possession but subject to the supervision and orders of a court or 309
6 4133-6907-5253.2
governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the Community Facilities District. (b) Pursuant to the provisions of this Section, the Community Facilities District shall give, or cause to be given, notice of the occurrence of any of the following events with respect to the Series 2022 Bonds, if material, in a timely manner n ot later than ten business days after the occurrence of the event:
(i) Unless described in paragraph (v) of subsection (a) of this Section, material notices or determinations by the Internal Revenue Service with respect to the tax status of the Series 2022 Bonds or other material events affecting the tax status of the Series 2022 Bonds.
(ii) Modifications to rights of holders of the Series 2022 Bonds. (iii) Series 2022 Bond calls.
(iv) Release, substitution, or sale of property securing repayment of the Series 2022 Bonds.
(v) Non-payment related defaults.
(vi) The consummation of a merger, consolidation, or acquisition involving the Community Facilities District or the sale of all or substantially all of the assets of the Community Facilities District other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms.
(vii) Appointment of a successor or additional Trustee or the change of name of a Trustee.
(viii) Incurrence of a Financial Obligation, or agreement to covenants, events of default, remedies, priority rights or other similar terms of a Financial Obligation, any of which affect holders of the Series 2022 Bonds. (c) The Trustee shall, within one business day of obtaining actual knowledge of the occurrence of any of the Listed Events, contact the Disclosure Representative and inform such person of the event.
(d) Whenever the Community Facilities District obtains knowledge of the occurrence of a Listed Event described in subsection (b) of this Section, the Community Facilities District shall determine if such event would be material under applicable Federal securities law. (e) Whenever the Community Facilities District obtains knowledge of the occurrence of a Listed Event described in subsection (a) of this Section, or determines that knowledge of a Listed Event described in subsection (b) of this Section would be material under applicable Federal 310
7 4133-6907-5253.2
securities law, the Community Facilities District shall, or shall cause the Dissemination Agent to, file a notice of the occurrence of such Listed Event with the MSRB, within ten business days of such occurrence.
(f) Notwithstanding the foregoing, notice of Listed Events described in paragraph (iii) of subsection ( b) of this Section need not be given any earlier than the notice (if any) of the underlying event is given to holders of affected Series 2022 Bonds pursuant to the Indenture.
Section 5. Format for Filings with MSRB. Any report or filing with the MSRB pursuant to this Disclosure Agreement must be submitted in electronic format, accompanied by such identifying information as is prescribed by the MSRB.
Section 6. Termination of Report ing Obligation. The Community Facilities District’s obligations under this Disclosure Agreement shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Series 2022 Bonds. If such termination occurs prior to the final maturity of the Series 2022 Bonds, the Community Facilities District shall give, or cause to be given, notice of such termination in a filing with the MSRB.
Section 7. Dissemination Agent. The Community Facilities District may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Agreement, and may discharge any such Dissemination Agent, with or without appointing a successor Dissemination Agent. The Dissemination Agent may resign by providing 30 days’ written notice to the Community Facilities District and the Trustee.
Section 8. Amendment; Waiver. Notwithstanding any other provision of this Disclosure Agreement, th e Community Facilities District, the Trustee and the Dissemination Agent may amend this Disclosure Agreement (and the Trustee and the Dissemination Agent shall agree to any amendment so requested by the Community Facilities District, so long as such amendment does not adversely affect the rights or materially increase the obligations of the Trustee or the Dissemination Agent), and any provision of this Disclosure Agreement may be waived, provided that the following conditions are satisfied:
(a) if the amendment or waiver relates to the provisions of subsection (a) of Section 2 hereof, Section 3 hereof or subsection (a) or (b) of Section 4 hereof, it may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature or status of an obligated person with respect to the Series 2022 Bonds, or the type of business conducted; (b) the undertakings herein, as proposed to be amended or waived, would, in the opinion of nationally recognized bond counsel, have complied with the requirements of the Rule at the time of the primar y offering of the Series 2022 Bonds, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and
(c) the proposed amendment or waiver (i) is approved by Owners of the Series 2022 Bonds in the manner provided in the Indenture for amendments to the Indenture with the consent of Owners, or (ii) does not, in the opinion of nationally recognized bond 311
8 4133-6907-5253.2
counsel, materially impair the interests of Owners or Beneficial Owners of the Series 2022 Bonds.
In the event of any amendment or waiver of a provision of this Disclosure Agreement, the Community Facilities District shall describe such amendment or waiver in the next Annual Report, and shall include, as applicable, a narrative explanation of the reason for the amendment or waiver and its impact on the type (or in the case of a change of accounting principles, on the presentation) of financial information or operating data being presented by the Community Facilities District. In addition, if the amendment relates to the accounting principles to be followed in preparing financial statements (i) notice of such change shall be given in a filing with the MSRB, and (ii) the Annual Report for the year in which the change is made shall present a comparison (in narrative form and also, if feasible, in quantitative form) between the financial statements as prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles.
Section 9. Additional Information . Nothing in this Disclosure Agreement shall be deemed to prevent the Community Facilities District from disseminating any other information, using the means of dissemination set fo rth in this Disclosure Agreement or any other means of communication, or including any other information in any Annual Report or notice required to be filed pursuant to this Disclosure Agreement, in addition to that which is required by this Disclosure Agreement. If the Community Facilities District chooses to include any information in any Annual Report or notice in addition to that which is specifically required by this Disclosure Agreement, the Community Facilities District shall have no obligation under this Disclosure Agreement to update such information or include it in any future Annual Report or notice of occurrence of a Listed Event or any other event required to be reported.
Section 10. Default. In the event of a failure of the Community Facilities District, t he Trustee or the Dissemination Agent to comply with any provision of this Disclosure Agreement, the Trustee may (and, at the written direction of any Participating Underwriter or the Owners of at least 25% of the aggregate principal amount of Outstanding Series 2022 Bonds, shall, upon receipt of indemnification reasonably satisfactory to the Trustee), or any Owner or Beneficial Owner of the Series 2022 Bonds may, take such actions as may be necessary and appropriate, including seeking mandate or specific p erformance by court order, to cause the Community Facilities District, the Trustee or the Dissemination Agent, as the case may be, to comply with its obligations under this Disclosure Agreement. A default under this Disclosure Agreement shall not be deemed an Event of Default under the Indenture, and the sole remedy under this Disclosure Agreement in the event of any failure of the Community Facilities District, the Trustee or the Dissemination Agent to comply with this Disclosure Agreement shall be an action to compel performance.
Section 11. Duties, Immunities and Liabilities of Trustee and Dissemination Agent .
Article VIII of the Indenture is hereby made applicable to this Disclosure Agreement as if this Disclosure Agreement were (solely for this purpose) contained i n the Indenture. The Dissemination Agent shall be entitled to the protections and limitations from liability afforded to the Trustee thereunder. Neither the Trustee nor the Dissemination Agent shall be responsible for the form or content of any Annual Report or notice of Listed Event. The Dissemination Agent shall receive reasonable compensation for its services provided under this Disclosure Agreement. The Dissemination Agent shall have only such duties as are specifically set forth in this Disclosure Agreement. To the extent permitted by law, the Community Facilities District agrees to indemnify 312
9 4133-6907-5253.2
and save the Dissemination Agent, its officers, directors, employees and agents, harmless against any loss, expense and liabilities which it may incur in the exerc ise or performance of its powers and duties hereunder, including the costs and expenses (including attorneys’ fees) of defending against any claim of liability, and which are not due to its negligence or its willful misconduct.
The obligations of the Commu nity Facilities District under this Section shall survive resignation or removal of the Dissemination Agent and the termination of this Disclosure Agreement.
The Dissemination Agent has no power to enforce performance on the part of the Community Facilities District. The Dissemination Agent shall not be responsible for the content of any notice or report prepared by the Community Facilities District pursuant to this Disclosure Agreement.
Section 12. Beneficiaries. This Disclosure Agreement shall inure solely to the benefit of the Community Facilities District, the Trustee, the Dissemination Agent, the Participating Underwriter and the Owners and Beneficial Owners from time to time of the Series 2022 Bonds, and shall create no rights in any other person or entity.
Section 13. Governing Laws . This Disclosure Agreement shall be governed by and construed in accordance with the laws of the State of California.
Section 14. Electronic Signature. Each of the parties hereto agrees that the transaction consisting of this Disclosure Agreement may be conducted by electronic means. Each party agrees, and acknowledges that it is such party’s intent, that if such party signs this Disclosure Agreement using an electronic signature, it is signing, adopting and accepting this Disclosure Agreement and that si gning this Disclosure Agreement using an electronic signature is the legal equivalent of having placed its handwritten signature on this Disclosure Agreement on paper. Each party acknowledges that it is being provided with an electronic or paper copy of th is Disclosure Agreement in a usable format.
Section 15. Counterparts. This Disclosure Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.
313
10 4133-6907-5253.2
IN WITNESS WHEREOF, the parties hereto have executed this Disclosure Agreement as of the date first above written.
CITY OF FONTANA
COMMUNITY FACILITIES DISTRICT
NO. 95 (SUMMIT AT ROSENA PHASE
TWO)
By:
___________, City Manager
of the City of Fontana
U.S. BANK TRUST COMPANY,
NATIONAL ASSOCIATION, AS
TRUSTEE
By:
Authorized Signatory
U.S. BANK TRUST COMPANY,
NATIONAL ASSOCIATION, AS
DISSEMINATION AGENT
By:
Authorized Signatory
314
A-1
4133-6907-5253.2
EXHIBIT A
NOTICE OF FAILURE TO FILE ANNUAL REPORT
Name of Issuer: City of Fontana Community Facilities District No. 95 (Summit at Rosena Phase Two)
Name of Issue: City of Fontana Community Facilities District No. 95 (Summit at Rosena Phase Two) Special Tax Bonds, Series 2022
Date of Issuance: ___________, 2022
NOTICE IS HEREBY GIVEN that City of Fontana Community Facilities District No. 95 (Summit at Rosena Phase Two) (the “Community Facilities District”) has not provided an Annual Report with respect to the above -named Bonds as required by the Continuing Disclosure Agreement, dated as of _________ 1, 2022, by and among the Community Facilities District and U.S. Bank Trust Company, National Association , in its capacity as Trustee and in its capacity as Dissemination Agent. [The Community Facilities District anticipates that such Annual Report will be filed by ____________.]
Dated: ____________
U.S. Bank Trust Company, National
Association, as Dissemination
Agent, on behalf of City of Fontana
Community Facilities District No. 95
(Summit at Rosena Phase Two)
cc: City of Fontana
Community Facilities District
No. 95 (Summit at Rosena Phase Two)
315
$______
CITY OF FONTANA
COMMUNITY FACILITIES DISTRICT NO. 95 (SUMMIT AT ROSENA PHASE TWO) SPECIAL TAX BONDS, SERIES 2022
BOND PURCHASE AGREEMENT
________, 2022
City of Fontana
Community Facilities District No. 95 (Summit at
Rosena Phase Two)
8353 Sierra Avenue
Fontana, CA 92335
Ladies and Gentlemen:
Piper Sandler & Co., as underwriter (the “ Underwriter”), acting not as a fiduciary or agent for you, but on behalf of itself, offers to enter into this Bond Purchase Agreement (this “ Purchase Agreement”) with the City of Fontana Community Facilities District No. 95 (Summit at Rosena Phase Two) (the “Community Facilities District”), which upon acceptance will be binding upon the Underwriter and the Community Fa cilities District. The agreement of the Underwriter to purchase the Bonds (as hereinafter defined) is contingent upon the Community Facilities District satisfying all of the obligations imposed upon them under this Purchase Agreement. This offer is made su bject to the Community Facilities District’s acceptance by the execution of this Purchase Agreement and its delivery to the Underwriter at or before 11:59 P.M., local time, on the date hereof, and, if not so accepted, will be subject to withdrawal by the U nderwriter upon notice delivered to the Community Facilities District at any time prior to the acceptance hereof by the Community Facilities District. All capitalized terms used herein, which are not otherwise defined, shall have the meaning provided for such terms in the Indenture, dated as of ______ 1, 2022 (the “Indenture”), between the Community Facilities District and U.S. Bank Trust Company, National Association, as trustee (the “Trustee”).
1. Purchase, Sale and Delivery of the Bonds.
Subject to the terms and conditions and in reliance upon the representations, warranties and agreements set forth herein: the Underwriter hereby agrees to purchase from the Community Facilities District and the Community Facilities District hereby agrees to sell to the U nderwriter all (but not less than all) of the $ ______ aggregate principal amount of the City of Fontana Community Facilities District No. 95 (Summit at Rosena Phase Two ) Special Tax Bonds, Series 2022 (the “Bonds”), dated the Closing Date (as hereinafter d efined), bearing interest at the rates and maturing on the dates and in the principal amounts and having the redemption terms set forth in Exhibit A hereto.
The purchase price for the Bonds shall be $ ______ (being 100% of the aggregate principal amount thereof, plus an original issue premium of $ ______ and less an Underwriter’s discount of $_______).
316
2 The Underwriter agrees to make a bona fide public offering of all of the Bonds initially at the public offering prices (or yields) set forth in Exhibit A attached hereto and incorporated herein by reference. Subsequent to the initial public offering, the Underwriter reserves the right to change the public offering prices (or yields) as it deems necessary in connection with the marketing of the Bonds, provided that the Underwriter shall not change the interest rates set forth in Exhibit A. The Bonds may be offered and sold to certain dealers at prices lower than such initial offering prices.
The Bonds shall be substantially in the form described in, shall be issued and secured under the provisions of, and shall be payable from the Net Special Tax Revenues as provided in the Indenture, the Preliminary Official Statement (as hereinafter defined), and the Mello -Roos Community Facilities Act of 1982, as amended (S ection 53311 et seq. of the Government Code of the State of California) (the “ Community Facilities District Act ”). The issuance of the Bonds has been duly authorized by the City Council of the City of Fontana (the “ City”), as the legislative body for the Community Facilities District pursuant to a resolution (the “ Community Facilities District Resolution of Issuance”) adopted on _______, 2022.
The proceeds of the Bonds will be used to: (i) provide financing for certain public facilities and costs with re spect thereto related to the development within the Community Facilities District , (ii) fund a reserve fund with respect to the Bonds, and (iii) pay the costs of issuance with respect to the Bonds.
The Bonds shall be substantially in the form described in, shall be issued and secured under the provisions of, and shall be payable from special taxes pledged thereto as provided in the Indenture.
(a) The Community Facilities District hereby acknowledges that the Underwriter is entering into this Purchase Agreemen t in reliance on the representations, warranties and agreements made by the Community Facilities District herein.
The Community Facilities District acknowledges and agrees that (i) the purchase and sale of the Bonds pursuant to this Purchase Agreement is a n arm’s-length commercial transaction between the Community Facilities District and the Underwriter, (ii) in connection therewith and with the discussions, undertakings and procedures leading up to the consummation of such transaction, the Underwriter is a nd has been acting solely as principal and not as the agent or fiduciary of the Community Facilities District, (iii) the Underwriter has not assumed an advisory or fiduciary responsibility in favor of the Community Facilities District with respect to (a) the offering of the Bonds or the process leading thereto (whether or not the Underwriter, or any affiliate of the Underwriter, has advised or is currently advising the Community Facilities District on other matters) or (b) any other obligations to the Commu nity Facilities District with respect to the offering contemplated hereby, except the obligations expressly set forth in this Purchase Agreement or otherwise imposed by law, (iv) the Underwriter has financial interests that differ from those of the Community Facilities District and (v) the Community Facilities District has consulted their own legal, financial and other advisors to the extent they have deemed appropriate in connection with this transaction. The Community Facilities District acknowledges tha t it has previously provided the Underwriter with an acknowledgement of receipt of the required Underwriter disclosure under Rule G-17 of the Municipal Securities Rulemaking Board (“ MSRB”). The Community Facilities District acknowledges and represents that it has engaged CSG Advisors Incorporated (the “ Municipal Advisor”) as its municipal advisor (as defined in Securities and Exchange Commission Rule 15Ba1) and will rely solely on the financial advice of the Municipal Advisor with respect to the Bonds. 317
3 (b) Pursuant to the authorization of the Community Facilities District, the Underwriter has distributed copies of the Preliminary Official Statement dated ______, 2022, relating to the Bonds, which, together with the cover page, inside cover page and appendices th ereto is herein called the “ Preliminary Official Statement .” By its acceptance of this Purchase Agreement, the Community Facilities District hereby consents to the use by the Underwriter of the Preliminary Official Statement, and the Community Facilities District agrees to execute a final official statement relating to the Bonds (the “Official Statement”) which will consist of the Preliminary Official Statement with such changes as may be made thereto, with the approval of Orrick Herrington & Sutcliffe LLP, Bond Counsel (“ Bond Counsel”), Stradling Yocca Carlson & Rauth, a Professional Corporation, Disclosure Counsel (“ Disclosure Counsel ”), and the Underwriter, and to provide copies thereof to the Underwriter as set forth herein. The Community Facilities Dis trict hereby authorizes and requires the Underwriter to use and promptly distribute, in connection with the offer and sale of the Bonds, the Preliminary Official Statement, the Official Statement and any supplement or amendment thereto. The Community Facil ities District further authorizes the Underwriter to use and distribute, in connection with the offer and sale of the Bonds, the Indenture, the Continuing Disclosure Agreement executed by the Community Facilities District in connection with the Bonds (the “Continuing Disclosure Agreement”), this Purchase Agreement and all information contained herein, and all other documents, certificates and statements furnished by or on behalf of the Community Facilities District to the Underwriter in connection with the transactions contemplated by this Purchase Agreement.
(c) To assist the Underwriter in complying with Securities and Exchange Commission Rule 15c2 -12(b)(5) (the “ Rule”), the Community Facilities District will undertake pursuant to the Continuing Disclosure Agr eement, in the form attached to the Official Statement as an appendix, to provide annual reports and notices of certain enumerated events. A description of this undertaking is set forth in the Preliminary Official Statement and will also be set forth in t he Official Statement.
(d) Except as the Underwriter and the Community Facilities District may otherwise agree, the Community Facilities District will deliver to the Underwriter, at the offices of Bond Counsel in Los Angeles, California, or at such other locat ion as may be mutually agreed upon by the Underwriter and the Community Facilities District, the documents hereinafter mentioned; and the Community Facilities District will deliver to the Underwriter through the facilities of The Depository Trust Company ( “DTC”), the Bonds, in definitive form (all Bonds bearing CUSIP numbers), duly executed by the Community Facilities District and authenticated by the Trustee in the manner provided for in the Indenture and the Community Facilities District Act at 8:00 a.m.
California time, on _________, 202 2 (the “ Closing Date ”), and the Underwriter will accept such delivery and pay the purchase price of the Bonds as set forth in the second paragraph of this Section by wire transfer, payable in federal or other immediately avail able funds (such delivery and payment being herein referred to as the “ Closing”). The Bonds shall be in fully registered book -entry form (which may be typewritten) and shall be registered in the name of Cede & Co., as nominee of DTC.
2. Representations, Warranties and Covenants of the Community Facilities District. The Community Facilities District represents, warrants and covenants to the Underwriter:
(a) The Community Facilities District is duly organized and validly existing as a community facilities district under the laws of the State of California (the “ State”), and has the full legal right, power and authority, among other things, (i) upon satisfaction of the conditions in this 318
4 Purchase Agreement and the Indenture, to issue the Bonds a s provided herein, and (ii) to secure the Bonds in the manner set forth in the Indenture.
(b) The City Council has the full legal right, power and authority to adopt the resolutions in connection with the initial formation of the Community Facilities District and the levy of the Special Taxes (the “ Community Facilities District Resolutions ”) and has caused to be recorded in the real property of records of the County of San Bernardino, a notice of special tax lien (the “Notice of Special Tax Lien” and together, with the Community Facilities District Resolutions, and the Community Facilities District Resolution of Issuance, the “ Resolutions and Formation Documents”), and the Community Facilities District has the full legal right, power and authority (i) to enter into this Purchase Agreement, the Indenture, and the Continuing Disclosure Agreement, the [Acquisition and Funding Agreement dated as of April 1, 20 19, as amended (the “ Acquisition Agreement”), by and among the City, Community Facilities District and CalAtlantic Group, Inc. ] (collectively, the “ Community Facilities District Documents ”), (ii) to issue, sell and deliver the Bonds to the Underwriter as provided herein, and (iii) to carry out and consummate all other transactions on its part contemplated by the Official Statement and each of the Community Facilities District Documents, and the Community Facilities District and the City Council have complied with all provisions of applicable law, including the Community Facilities District Act, in all matters relating to such transactions.
(c) The Community Facilities District has duly authorized (i) the execution and delivery by the Community Facilities District of the Bonds and the execution, delivery and due performance by the Community Facilities District of its ob ligations under the Community Facilities District Documents, (ii) the distribution and use of the Preliminary Official Statement and execution, delivery and distribution of the Official Statement, and (iii) the taking of any and all such action as may be r equired on the part of the Community Facilities District to carry out, give effect to and consummate the transactions on its part contemplated by such instruments. All consents or approvals necessary to be obtained by the Community Facilities District in c onnection with the foregoing have been received, and the consents or approvals so received are still in full force and effect. (d) The Resolutions and Formation Documents have been duly adopted by the City Council and are in full force and effect; and the Community Facilities District Documents, when executed and delivered by the Community Facilities District and the other party thereto, will constitute a legal, valid and binding obligation of the Community Facilities District enforceable against the Community Facilities District in accordance with their terms, except as enforceability thereof may be limited by bankruptcy, insolvency or other laws affecting creditors’ rights generally. (e) When delivered to the Underwriter, the Bonds will have been duly authorized by the City Council and duly executed, issued and delivered by the Community Facilities District and will constitute legal, valid and binding special obligations of the Community Facilities District enforceable against the Community Facilities District in a ccordance with their respective terms, except as enforceability thereof may be limited by bankruptcy, insolvency or other laws affecting creditors’ rights generally, and will be entitled to the benefit and security of the Indenture. (f) The information (exclud ing information under the captions “INTRODUCTION – The District” (first -two paragraphs only) and “PROPERTY OWNERSHIP AND THE DEVELOPMENT” and information relating to The Depository Trust Company (“ DTC”) and its book-entry system) contained in the Prelimina ry Official Statement is, and as of the Closing Date such information (excluding information under the captions “INTRODUCTION – The District” 319
5 (first-two paragraphs only) and “PROPERTY OWNERSHIP AND THE DEVELOPMENT” and information relating to DTC and its b ook-entry system)” in the Official Statement will be true and correct in all material respects, and the Preliminary Official Statement does not as of its date and the Official Statement will not as of the Closing Date contain any untrue or misleading state ment of a material fact or omit to state any material fact (excluding in each case information under the captions “INTRODUCTION – The District” (first -two paragraphs only) and “PROPERTY OWNERSHIP AND THE DEVELOPMENT” and information relating to DTC and its book-entry system) necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.
(g) If, at any time prior to the earlier of (i) receipt of notice from the Underwriter that the Official Statement is no longer required to be delivered under Rule 15c2 -12 or (ii) the Closing (as described in Section 6 below), any event known to the officers of the Community Facilities District participating in the issuance of the Bonds occurs with respect to the Community Facilities District or the City as a result of which the Official Statement as then amended or supplemented might include an untrue statement of a material fact, or omit to state any material fact necessary to make the statements therein, in light of the c ircumstances under which they were made, not misleading, the Community Facilities District shall promptly notify the Underwriter in writing of such event. Any information supplied by the Community Facilities District for inclusion in any amendments or supp lements to the Official Statement will not contain any untrue or misleading statement of a material fact relating to the Community Facilities District or the City or omit to state any material fact relating to the Community Facilities District or the City necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. (h) Neither the adoption of the Resolutions and Formation Documents, the execution and delivery of the Community Facilities District Documents, nor the consummation of the transactions on the part of the Community Facilities District contemplated herein or therein or the compliance by the Community Facilities District with the provisions hereof or thereof will conflict with, or constitute on t he part of the Community Facilities District, a violation of, or a breach of or default under, (i) any material indenture, mortgage, commitment, note or other agreement or instrument to which the Community Facilities District is a party or by which it is b ound, (ii) any provision of the State Constitution or (iii) any existing law, rule, regulation, ordinance, judgment, order or decree to which the Community Facilities District or the City (or the members of the City Council or any of its officers in their respective capacities as such) is subject, that would have a material adverse effect on the ability of the Community Facilities District to perform its obligations under the Community Facilities District Documents.
(i) The Community Facilities District has never been in default at any time, as to principal of or interest on any obligation which it has issued, including those which it has issued as a conduit for another entity, which default may have an adverse effect on the ability of the Community Facilities District to consummate the transactions on its part under the Community Facilities District Documents, except as specifically disclosed in the Official Statement; and the Community Facilities District has not entered into any contract or arrangement of any kind which might give rise to any lien or encumbrance on the Special Taxes.
(j) Except as is specifically disclosed in the Preliminary Official Statement and the Official Statement, to the best knowledge of the Community Facilities District, there is no action , suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, pending with respect to which the Community Facilities District has been served with process 320
6 or threatened, which in any way questions the powers of the City Council, the City or the Community Facilities District referred to in paragraph (b) above, or the validity of any proceeding taken by the City Council in connection with the issuance of the Bonds, or wherein an unfavorable decision, ruling or finding could materially adversely affect the transactions contemplated by the Community Facilities District Documents, or which, in any way, could adversely affect the validity or enforceability of the Resolutions and Formation Documents, the Bonds or t he Community Facilities District Documents or, to the knowledge of the Community Facilities District, which in any way questions the exclusion from gross income of the recipients thereof of the interest on the Bonds for federal income tax purposes or in an y other way questions the status of the Bonds under State tax laws or regulations.
(k) Any certificate signed by an official of the Community Facilities District authorized to execute such certificate and delivered to the Underwriter in connection with the transactions contemplated by the Community Facilities District Documents shall be deemed a representation and warranty by the Community Facilities District to the Underwriter as to the truth of the statements therein contained.
(l) The Community Facilities Distri ct has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that it is a bond Community Facilities District whose arbitrage certifications may not be relied upon. (m) The Bonds will be paid from Net Special Tax Rev enues (as defined in the Indenture) received by the Community Facilities District and amounts held in certain funds and accounts established and pledged under the Indenture.
(n) The Special Taxes may lawfully be levied in accordance with the rate and method of apportionment of the Special Tax relating to the Community Facilities District (the “Rate and Method”), the Resolutions and Formation Documents as described in the Preliminary Official Statement and the Official Statement, and, when levied, will be secure d by a lien on the property on which they are levied.
(o) The Indenture creates a valid pledge of, and first lien upon the Net Special Tax Revenues deposited thereunder, and the amounts held in certain funds and accounts established and pledged under the Indenture, subject in all cases to the provisions of the Indenture permitting the application thereof for the purposes and on the terms and conditions set forth therein. (p) Except as disclosed in the Preliminary Official Statement and the Official Statement, in the last five years, neither the City, nor the Community Facilities District, nor any other entity for which the City Council is the legislative body, has failed to comply with any undertaking under Rule 15c2-12 in any material respect.
The Community Facilities District hereby consents to the preparation and distribution of the Official Statement, consisting of the Preliminary Official Statement with such changes as are noted thereon and as may be made thereto, with the approval of Bond Counsel, Disclosure Co unsel and the Underwriter, from time to time prior to the Closing Date.
The Community Facilities District hereby consents to any prior use of and authorizes the future use by the Underwriter, in connection with the offering and sale of the Bonds, of the Preliminary Official Statement, the Official Statement, this Purchase Agreement and all information 321
7 contained herein, and all other documents, certificates and written statements furnished by the Community Facilities District to the Underwriter in connection with the transactions contemplated by this Purchase Agreement.
The Community Facilities District covenants with the Underwriter that the Community Facilities District will cooperate with the Underwriter (at the cost of the Underwriter), in qualifying the Bonds for offer and sale under the securities or Blue Sky laws of such jurisdictions of the United States as the Underwriter may reasonably request; provided, however, that the Community Facilities District shall not be required to consent to suit or to service of process, or to qualify to do business, in any jurisdiction. The Community Facilities District consents to the use by the Underwriter of the Community Facilities District Documents in the course of its compliance with the securities or Blue Sky laws of the various jurisdictions.
The execution and delivery of this Purchase Agreement by the Community Facilities District shall constitute a representation by the Community Facilities District to the Underwriter that the representations and warranties con tained in this Section 2 with respect to the Community Facilities District are true as of the date hereof.
3. Conditions to the Obligations of the Underwriter . The obligation of the Underwriter to accept delivery of and pay for the Bonds on the Closing Date shall be subject, at the option of the Underwriter, to the accuracy in all material respects of the representations and warranties on the part of the Commun ity Facilities District contained herein, to the accuracy in all material respects of the statements of the officers and other officials of the Community Facilities District made in any certificates or other documents furnished pursuant to the provisions h ereof, to the performance by the Community Facilities District of their obligations to be performed hereunder at or prior to the Closing Date and to the following additional conditions:
(a) At the Closing Date, the Community Facilities District Resolutions and the Community Facilities District Documents shall be in full force and effect, and shall not have been amended, modified or supplemented, except as may have been agreed to in writing by the Underwriter, and there shall have been taken in connection therewith, with the issuance of the Bonds, and with the transactions contemplated thereby, all such actions as, in the opinion of Bond Counsel, shall be necessary and appropriate.
(b) At the Closing Date, except as described in the Preliminary Official Statement, the Community Facilities District shall not be, in any respect material to the transactions referred to herein or contemplated hereby, in breach of or in default under, any law or administrative rule or regulation of the State, the United States of America, or of any department, division, agency or instrumentality of either thereof, or under any applicable court or administrative decree or order, or under any loan agreement, note, resolution, indenture, contract, agreement or other instrument to which the Com munity Facilities District is a party or is otherwise subject or bound, and the performance by the Community Facilities District of its obligations under the Bonds, the Community Facilities District Resolutions, the Indenture, and any other instruments con templated by any of such documents, and compliance with the provisions of each thereof, or the performance of the conditions precedent to be performed hereunder, will not conflict with or constitute a breach of or default under any applicable law or admini strative rule or regulation of the State, the United States of America, or of any department, division, agency or instrumentality of either thereof, or under any applicable court or administrative decree or order, or under any loan agreement, note, resolut ion, indenture, contract, agreement or other instrument to which the Community Facilities District is a party or is otherwise 322
8 subject or bound, in any manner which would materially and adversely affect the performance by the Community Facilities District of its obligations under the Indenture, the Bonds or the performance of the conditions precedent to be performed by the Community Facilities District hereunder. (c) The information contained in the Official Statement is, as of the Closing Date and as of the dat e of any supplement or amendment thereto pursuant hereto, true and correct in all material respects and does not, as of the Closing Date or as of the date of any supplement or amendment thereto, contain any untrue statement of a material fact or omit to st ate a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. (d) Between the date hereof and the Closing Date, the market price or marketability, at the initial offering prices set forth on the cover page of the Official Statement, of the Bonds or the ability of the Underwriter to enforce contracts for the sale of the Bonds, shall not have been materially adversely affected, in the reasonable judgmen t of the Underwriter (evidenced by a written notice to the Community Facilities District terminating the obligation of the Underwriter to accept delivery of and pay for the Bonds), by reason of any of the following:
1. Legislation introduced in or enacted (or resolution passed) by the Congress of the United States of America or recommended to the Congress by the President of the United States, the Department of the Treasury, the Internal Revenue Service, or any member of Congress, or favorably repor ted for passage to either House of Congress by any committee of such House to which such legislation had been referred for consideration, or a decision rendered by a court established under Article III of the Constitution of the United States of America or by the Tax Court of the United States of America, or an order, ruling, regulation (final, temporary or proposed), press release or other form of notice issued or made by or on behalf of the Treasury Department of the United States of America or the Intern al Revenue Service, with the purpose or effect, directly or indirectly, of imposing federal income taxation upon such interest as would be received by any owners of the Bonds beyond the extent to which such interest is subject to taxation as of the date hereof; or
2. Legislation introduced in or enacted (or resolution passed) by the Congress or an order, decree or injunction issued by any court of competent jurisdiction, or an order, ruling, regulation (final, temporary or proposed), press release or other form of notice issued or made by or on behalf of the Securities and Exchange Commission (the “ SEC”), or any other governmental agency having jurisdiction of the subject matter, to the effect that obligations of the general character of the Bonds, including any or all underlying arrangements, are not exempt from registration under or other requirements of the Securities Act of 1933, as amended (the “ Securities Act ”), or that the Indenture is not exempt from qualification under or other requirements of the Trust Indenture Act of 1939, as amended (the “ Trust Indenture Act”), or that the issuance, offering or sale of obligations of the general character of the Bonds, including any or all underlying arrangements, as contemplated hereby or by the Official Statement o r otherwise is or would be in violation of the federal securities laws as amended and then in effect; or
3. A general suspension of trading on the New York Stock Exchange or other major exchange shall be in force, or minimum or maximum prices for trading shal l have been fixed and be in force, or maximum ranges for prices for securities shall have been required and be in force on any such exchange, whether by virtue of determination by that exchange or by order of the SEC or any other governmental authority having jurisdiction; or 323
9 4. The introduction, proposal or enactment of any amendment to the federal or State Constitution or any action by any federal or State court, legislative body, regulatory body or other authority materially adversely affecting the tax stat us of the Community Facilities District, its property, income, securities (or interest thereon), the validity or enforceability of Special Taxes, or the ability of the Community Facilities District to issue the Bonds as contemplated by the Indenture and the Official Statement; or
5. Any event occurring, or information becoming known which, in the reasonable judgment of the Underwriter, makes untrue in any material respect any statement or information contained in the Preliminary Official Statement or in the Of ficial Statement, or has the effect that the Preliminary Official Statement or the Official Statement contains any untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; or
6. Any national securities exchange, the Comptroller of the Currency, or any other governmental authority, shall impose as to the Bonds, or obligations of the general character of the Bonds, any material restrictions not now in force, or increase materially those now in force, with respect to the extension of credit by, or the charge to the net capital requirements of, the Underwriter; or
7. There shall have occurred (1) an outbr eak or escalation of hostilities or the declaration by the United States of a national emergency or war or (2) any other calamity or crisis in the financial markets of the United States or elsewhere or the escalation of such calamity or crisis, the effect of which on the financial markets of the United States is such as, in the reasonable judgment of the Underwriter, would materially adversely affect the market for or market price of the Bonds; or
8. Any event or circumstance shall exist that either makes untr ue or incorrect in any material respect any statement or information in the Official Statement (other than any statement provided by the Underwriter) or is not reflected in the Official Statement but should be reflected therein in order to make the stateme nts therein, in the light of the circumstances under which they were made, not misleading and, in either such event, the Community Facilities District refuses to permit the Official Statement to be supplemented to supply such statement or information, or the effect of the Official Statement as so supplemented is to materially adversely affect the market price or marketability of the Bonds or the ability of the Underwriters to enforce contracts for the sale of the Bonds; or
9. A general banking moratorium shall have been declared by federal or State authorities having jurisdiction and be in force; or
10. A material disruption in securities settlement, payment or clearance services affecting the Bonds shall have occurred; or
11. Any new restriction on transactions in sec urities materially affecting the market for securities (including the imposition of any limitation on interest rates) or the extension of credit by, or a charge to the net capital requirements of, underwriters shall have been established by the New York Stock Exchange, the SEC, any other federal or State agency or the Congress of the United States, or by Executive Order; or
324
10 12. A decision by a court of the United States shall be rendered, or a stop order, release, regulation or no -action letter by or on behalf of the SEC or any other governmental agency having jurisdiction of the subject matter shall have been issued or made, to the effect that the issuance, offering or sale of the Bonds, including the underlying obligations as contemplated by this Purchase Agreement or by the Official Statement, or any document relating to the issuance, offering or sale of the Bonds, is or would be in violation of any provision of the federal securities laws at the Closing Date, including the Securities Act, the Securities Exchange Act of 1934, as amended and the Trust Indenture Act; or
13. Any proceeding shall have been commenced or be threatened in writing by the SEC against the City or the Community Facilities District; or (e) At or prior to the Closing Date, the Underwriter shall hav e received a counterpart original or certified copy of the following documents, in each case satisfactory in form and substance to the Underwriter:
1. The Official Statement, executed on behalf of the Community Facilities District by an authorized officer;
2. The Indenture, duly executed and delivered by the Community Facilities District and the Trustee;
3. The Resolutions and Formation Documents , together with a certificate dated as of the Closing Date of the City Clerk to the effect that the Community Facilities District Resolutions are true, correct and complete copies of the ones duly adopted by the City Council;
4. The Continuing Disclosure Agreement executed and delivered by the Community Facilities District and the Trustee;
5. An unqualified approving opinion of Bon d Counsel for the Bonds in the form attached to the Official Statement;
6. A supplemental opinion or opinions of Bond Counsel, dated the Closing Date and addressed to the Underwriter, to the effect that:
(i) the statements contained in the Official Statement unde r the captions “INTRODUCTION – Security and Sources of Payment for the Bonds,” “INTRODUCTION – Description of the Bonds,” “THE BONDS” (other than information relating to DTC and its book - entry only system and information in the section entitled “Debt Servi ce Schedule”, as to which no opinion is expressed), “SECURITY AND SOURCES OF PAYMENT FOR THE BONDS” (except information mentioned in the sections entitled “Special Taxes”, and “Rate and Method of Apportionment”, as to which no opinion need be expressed),” “TAX MATTERS,” and in Appendix F thereto, excluding any material that may be treated as included under such captions by reference to other documents, insofar as such statements expressly summarize certain provisions of the Indenture and Bond Counsel’s final opinion are accurate in all material respects; (ii) this Purchase Agreement and the Continuing Disclosure Agreement have been duly executed and delivered by, and constitute valid and binding obligations 325
11 of, the Community Facilities District, subject to bankr uptcy, insolvency, reorganization, moratorium and other laws affecting enforcement of creditors’ rights in general and to the application of equitable principles if equitable remedies are sought; and
(iii) the Bonds are not subject to the registration requireme nts of the Securities Act of 1933, as amended, and the Indenture is exempt from qualification under the Trust Indenture Act of 1939, as amended.
7. The letter of Disclosure Counsel, dated the Closing Date and addressed to the Community Facilities District and to the Underwriter, to the effect that, without having undertaken to determine independently the accuracy or completeness of the statements contained in the Official Statement, but on the basis of their participation in conferences with representatives of the Community Facilities District, the Special Tax Consultant and others, and their examination of certain documents, nothing has come to their attention which has led them to believe that the Preliminary Official Statement as of its date and the date of this Purchase Agreement and the Official Statement as of its date and as of the Closing Date contained or contains any untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements t herein, in light of the circumstances under which they were made, not misleading (except that no opinion or belief need be expressed as to any financial statements or other financial, statistical or engineering data or forecasts, numbers, charts, estimates , projections, assumptions, or expressions of opinion, any information about valuation, appraisals, absorption, archeological or environmental matters, or any information with respect to the City, or about DTC or the book-entry-only system);
8. A certificate dated the Closing Date and signed by an authorized representative of the Community Facilities District or an authorized designee, on behalf of the Community Facilities District substantially in the form attached hereto as Exhibit F;
9. An opinion of the City Attorney of the City, dated the date of Closing and addressed to the Underwriter and the City, to the effect that:
(i) The Community Facilities District is duly organized and validly existing as a community facilities district under and by virtue o f the Constitution and laws of the State (including the Act);
(ii) The City Council of the City, acting as legislative body of the Community Facilities District, has the full legal right, power and authority to adopt the Resolutions and Formation Documents;
(iii) The Resolutions and Formation Documents were duly adopted at meetings of the City Council, acting as legislative body of the Community Facilities District which were called and held under law and with all public notice required by law and at which a quorum wa s present and acting throughout, and the Resolutions and Formation Documents are in full force and effect and have not been amended or repealed; 326
12 (iv) To their best knowledge, based on reasonable due diligence, no action, suit, proceeding, inquiry or investigat ion, at law or in equity, before or by any court, regulatory agency, public board or body is pending with respect to which the Community Facilities District has been served with process or threatened, in any way affecting the existence of the City, the Community Facilities District or the titles of the Community Facilities District’s officials to their respective offices, or seeking to restrain or to enjoin the issuance, sale or delivery of the Bonds or the application of the proceeds thereof in accordance with the Indenture, or the collection or application of the Special Taxes to pay the principal of and interest on the Bonds, or in any way contesting or affecting the validity or enforceability of the Bonds, the Community Facilities District Documents or any action of the Community Facilities District contemplated by any of said documents, or in any way contesting the completeness or accuracy of the Preliminary Official Statement or of the Official Statement or the powers of the Community Facilities Distric t or its authority with respect to the Bonds, the Community Facilities District Documents or any action on the part of the Community Facilities District contemplated by any of said documents, wherein an unfavorable decision, ruling, or finding could materi ally adversely affect the validity or enforceability of the Bonds or the Community Facilities District Documents;
(v) The execution and delivery of the Bonds and the Community Facilities District Documents, and compliance with the provisions of each, will not conflict with or constitute a breach of or default under any loan agreement, note, ordinance, resolution, indenture, contract, agreement or other instrument of which the Community Facilities District is a party or is otherwise subject or bound, a consequen ce of which could be to materially and adversely affect the ability of the Community Facilities District to perform its obligations under the Bonds or the Community Facilities District Documents; and
(vi) All approvals, consents, authorization, elections and or ders of or filings or registrations with any governmental authority, board, agency or commission having jurisdiction which would constitute a condition precedent to, or the absence of which would materially adversely affect, the ability of the Community Facilities District, to perform its obligations under the Bonds or the Community Facilities District Documents, have been obtained or made, as the case may be, and are in full force and effect.
10. A certificate dated the Closing Date from DTA, Inc. (the “ Special Tax Consultant”) addressed to the Community Facilities District and the Underwriter to the effect that: (i) the Special Tax if collected in the maximum amounts permitted pursuant to the Rate and Method of Apportionment of Special Taxes of the Community F acilities District as of the Closing Date net of budgeted administrative expenses would generate at least 110% of the annual debt service payable with respect to the Bonds in each year, based on such assumptions and qualifications as shall be acceptable to the Underwriter; and (ii) the statements in the Official Statement provided by the Special Tax Consultant concerning Special Taxes in the Community Facilities District and all information supplied by it for use in the Official Statement were as of the dat e of the Official Statement and are as of the Closing Date true and correct, and do not contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading;
11. Certified copies of the general resolution of the Trustee authorizing the execution and delivery of certain documents by certain officers of the Trustee, which resolution authorizes the execution of the Indenture and the authentication of the Bonds; 327
13 12. A certificate of the Trustee, addressed to the Underwriter, and the Community Facilities District dated the Closing Date, to the effect that: (i) the Trustee is authorized to carry out corporate trust powers, and have full p ower and authority to perform its duties under the Indenture and the Continuing Disclosure Agreement; (ii) the Trustee is duly authorized to execute and deliver the Indenture and the Continuing Disclosure Agreement, to accept the obligations created by the Indenture and the Continuing Disclosure Agreement and to authenticate the Bonds pursuant to the terms of the Indenture; (iii) no consent, approval, authorization or other action by any governmental or regulatory authority having jurisdiction over the Trus tee that has not been obtained is or will be required for the authentication of the Bonds or the consummation by the Trustee of the other transactions contemplated to be performed by the Trustee in connection with the authentication of the Bonds and the acceptance and performance of the obligations created by the Indenture and the Continuing Disclosure Agreement; (iv) to the best of its knowledge, compliance with the terms of the Indenture and Continuing Disclosure Agreement will not conflict with, or resul t in a violation or breach of, or constitute a default under, any loan agreement, indenture, bond, note, resolution or any other agreement or instrument to which the Trustee is a party or by which it is bound, or any law or any rule, regulation, order or decree of any court or governmental agency or body having jurisdiction over the Trustee or any of its activities or properties; and (v) there is no action, suit, proceeding or investigation, at law or in equity, before or by any court or governmental agency , public board or body pending against the Trustee or threatened against the Trustee which in the reasonable judgment of the Trustee would affect the existence of the Trustee or in any way contest the validity or enforceability of the Indenture and the Continuing Disclosure Agreement or contesting the powers of the Trustee or its authority to enter into and perform its obligations under the Indenture and the Continuing Disclosure Agreement;