Printed 10/20/2022
PlanetBids, Inc.
200
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
201
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
202
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
203
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
204
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
205
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
206
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
207
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
208
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
209
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
210
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
211
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
212
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
213
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
214
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
215
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
216
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
217
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
218
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
219
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
220
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
221
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
222
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
223
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
224
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
225
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
226
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
227
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
228
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
229
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
230
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
231
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
232
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
233
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
234
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
235
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
236
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
237
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
238
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
239
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
240
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
241
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
242
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
243
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
244
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
245
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
246
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
247
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
248
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
249
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
250
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
251
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
252
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
253
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
254
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
255
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
256
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
257
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
258
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
259
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
260
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
261
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
262
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
263
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
264
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
265
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
266
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
267
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
268
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
269
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
270
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
271
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
272
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
273
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
274
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
275
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
276
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
277
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
278
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
279
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
280
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
281
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
282
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
283
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
284
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
285
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
286
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
287
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
288
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
289
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
290
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
291
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
292
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
293
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
294
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
295
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
296
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
297
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
298
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
299
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
300
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
301
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
302
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
303
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
304
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
305
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
306
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
307
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
308
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
309
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
310
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
311
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
312
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
313
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
314
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 10/20/2022
PlanetBids, Inc.
315
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 09/20/2022
PlanetBids, Inc.
316
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 09/20/2022
PlanetBids, Inc.
317
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 09/20/2022
PlanetBids, Inc.
318
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 09/20/2022
PlanetBids, Inc.
319
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 09/20/2022
PlanetBids, Inc.
320
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 09/20/2022
PlanetBids, Inc.
321
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 09/20/2022
PlanetBids, Inc.
322
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 09/20/2022
PlanetBids, Inc.
323
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 09/20/2022
PlanetBids, Inc.
324
City of Fontana
Multi-Family Housing Rehabilitation Program - 8344 Bennett Avenue (SB-27-HD-23), bidding on 09/20/2022 2:00 PM (PDT)
Printed 09/20/2022
PlanetBids, Inc.
325
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1812 Agenda Date: 11/9/2022
Agenda #: I. Category: Consent Calendar
FROM:
Community Services
SUBJECT:
Approve a Contract with TA Mentoring Services LLC for the Noble Youth Program to be delivered at Fontana Expanded Learning Program school sites.
RECOMMENDATION:
Review and approve a contract with TA Mentoring Services LLC to provide Student Leadership Programming - Noble Youth at twenty-eight (28) ASES-Funded Elementary School sites and the five (5) ASES-Funded Middle School sites.
COUNCIL GOALS:
· Increase citizen involvement by Developing future leaders. · Increase citizen involvement by promoting healthy lifestyle opportunities to residents of all ages.
DISCUSSION:
The City of Fontana is currently in its 16th year of collaboration with the Fontana Unified School District as the Fontana Expanded Learning Program provider. The Fontana Expanded Learning Program is an After School Education and Safety (ASES) grant and Expanded Learning Opportunities Program (ELO-P) funded program.
As part of the curriculum components, the Fontana Expanded Learning Program provides leadership opportunities and 21st Century Skill lessons to meet the program requirements as well as align with the district’s efforts to prepare student education and leadership exploration.
To enhance the current leadership curriculum at the twenty-eight (28) elementary and five (5) middle school sites, the Fontana Expanded Learning Program is recommending to contract with TA Mentoring Services LLC to provide and deliver the Noble Youth Leadership Program. The program will support student leadership development and expose them to Social Emotional Skills needed for successful social and academic achievement. TA Mentoring Services LLC will provide twelve (12) Noble Youth Leadership sessions for three (3) cohorts of students at all thirty-three (33) Fontana Expanded Learning program school sites. The Noble Youth Leadership curriculum will focus on teaching students important values in life such as respect, dignity, love and trust. In addition, they will train Fontana Expanded Learning Program staff on the Noble Youth Leadership curriculum.
Due to TA Mentoring Services LLC’s previous work delivering the Noble Youth Program at the Fontana Expanded Learning Program for the 2021-2022 school year and their expertise with the City of Fontana Page 1 of 2 Printed on 11/2/2022
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File #: 21-1812 Agenda Date: 11/9/2022
Agenda #: I. Category: Consent Calendar
Noble Youth Curriculum, staff is recommending the City enter into a contract with TA Mentoring Services LLC to provide the Noble Youth Curriculum at the thirty-three (33) Fontana Expanded Learning Program school sites.
FISCAL IMPACT:
This program, as outlined in the Fontana Unified School District operating agreement, is budgeted in the adopted FY 2022/2023 Community Services Department operating budget. The cost of the contract is $225,000 and will be funded from Budget Unit 38524101, Account 8130 and is 100% reimbursable to the City.
MOTION:
Review and approve recommendation
City of Fontana Page 2 of 2 Printed on 11/2/2022
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TA Mentoring Services LLC: 760-771-7701 - [email protected] Restorative Practice through Intensive Mentoring
Goals & Objectives
Our goal is to develop and implement a Youth Leadership Project - Noble Youth. We intend to operate the program as a component of the Fontana Expanded Learning Program. The following have been identified as key short-term goals and objectives:
• Address and reduce discipline issues through effective implementation of positive behavior intervention support (PBIS).
• Identify up to 900 expanded learning youth in the Fontana Unified School District to participate in a variety of positive behavior Intervention and support. • The program seeks to increase the completion of Character Development sessions, and improve:
• Self-confidence and self-esteem
• Increase motivation
• Broaden horizons and experiences of students
• Raise achievements and aspirations
• Build relationships
• Support to graduation
• To develop a support system at each of the Fontana Expanded Learning middle and elementary school sites.
Evaluation- TA Mentoring Services LLC will focus on three outcomes in 2022-2023 school year • Improved school daily attendance
• Improved grades
• Improved behavior
Students will be tagged on school district system. We will look at current information and once students complete the 12 weeks of the Noble Youth Program. TA Mentoring Services LLC will continually work with City of Fontana (FELP) Program to measure outcomes. Grade checks will be maintained to track participant progress. All evaluation will be done in partnership with the Fontana Expanded Learning Program.
Expanded Learning Youth Leadership Vision
To enhance the quality of life for youth in San Bernardino County Selection Process - Approximately 900 expanded learning boys/girls from Fontana Unified School District will be selected as Noble Youth participants. Program candidates will be selected by site staff.
Cost for Participants - There is no cost to participants; Fontana Expanded Learning (FELP) will cover costs through the after-school program.
Curriculum - The curriculum to be used is called “Joven Noble” (Noble Youth). The curriculum will focus on teaching students about important values in life: respect, dignity, love, and trust. 328
TA Mentoring Services LLC: 760-771-7701 - [email protected] Staff Development – All Line staff will be invited to enhance their skills by participating in Noble Youth training provided. TA Mentoring Services LLC will provide ongoing check ins with site staff.
Leadership Development - Students will attend an informational session with their parents to outline the objectives of the program and go over guidelines and expectations.
Training Sessions - The participants will go through 12 distinct sessions as part of the curriculum. These sessions will take place during the summer program.
Wellness Wednesday- FELP staff will participate in weekly sessions to check in on each other and promote wellness amongst staff.
Contract Start/End - October 1, 2022 - May 31, 2023
Expanded Learning District – City of Fontana/ Fontana Unified School District TA Mentoring Services LLC Fee Includes:
• 12 sessions (each cohort)
• Up to 900 students served (3 cohorts at each site max) • Up to 100 staff members attend Noble Youth Sessions.
• Parent informational meetings at each site
• Principal and staff meeting and informational session • School visit with students
• Follow-up calls/meetings with youth leaders/parents (healthy youth/parent relationships) • Develop outreach materials in partnership with City of Fontana and FELP staff. • Three celebrations for program participants in Noble Youth - Food will be provided • T-shirts, bracelets and certificates provided for student participants • Planning and implementation
• Summary report of program outcomes.
• Presentation to Fontana Unified School District/City of Fontana staff on program implementation
• Will support City of Fontana efforts to collect data based on evaluation outcomes agreed to collectively.
In-Kind Services – The City of Fontana and/or Fontana Unified School District will provide a space for Three celebrations. If allowed by Public Health Department.
This fee includes attending all meeting requests by Fontana Unified School District/City of Fontana.
TOTAL Cost: $225,000
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TA Mentoring Services LLC: 760-771-7701 - [email protected] Program Budget
Program Budget (based on up to 900 youth served):
Item Total
T-Shirts-300X 3 Cohorts $9,000
Bracelets (900) $1000
Celebrations 900 participants and
family $10,000
Trainings, Special Meetings, Followup $30,000
1-Facilitator $100,000
4 Assistant Facilitator $75,000
Total $225,000
T-Shirts and Certificates - presented to students once they complete the program Bracelets - presented to each participant
Celebrations - At the end of each cohort, students are invited to attend a ceremony. Food, cake and drinks are provided for students and their families. (In Person Celebrations will only take place if allowed by CDPH)
Trainings- We would like to bring in organizations like the National Compadres Network to provide additional training to FELP staff.
Facilitator- provide oversight and program implementation.
Assistant Facilitators-Provide program support to schools site and help staff with implementation.
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CITY OF FONTANA
PROFESSIONAL SERVICES AGREEMENT
MS-79-CS-23
This Agreement is made and entered into as of 12th day of October, 2022 by and between the City of Fontana, a public agency organized and operating under the laws of the State of California with its principal place of business at 8353 Sierra Avenue, Fontana, California 92335 (“City”), and TA Mentoring Services LLC, Sole Proprietorship with its principal place of business at 50091 Kenmore Street, Coachella, CA 92236 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
Consultant - Workshops, Presentations and Staff Development Training Services for the Noble Youth Program (hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” Noble Youth Leadership Program consulting services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibit attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $225,000. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.
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3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.
5. Term:
The term of this Agreement shall be from October 17, 2022, to June 30, 2023, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The Notice to Proceed shall set forth the date of commencement of work.
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. 333
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c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
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(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts 335
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indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
d. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit
Employer’s Liability $1,000,000 per accident or disease (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. e. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
f. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
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(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
g. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
h. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. 337
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(iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
i. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment 338
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of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.
15. Reserved
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of 339
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such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.
19. Organization
Consultant shall assign Trinidad Arredondo – Noble Youth Facilitator as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described above.
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given, emailed or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
CITY:
City of Fontana
8353 Sierra Avenue
Fontana, California 92335
Attn: Andrew Solares
[email protected]
CONSULTANT:
TA Mentoring Services LLC
50091 Kenmore Street
Coachella, California 92236
Attn: Trinidad Arredondo
[email protected]
and shall be effective upon receipt thereof.
22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
23. Equal Opportunity Employment.
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Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall 341
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have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
CITY OF FONTANA
By:
Matthew C. Ballantyne
City Manager
TA MENTORING SERVICES, LLC
By:
Attest:
By:
Germaine McClellan Key
City Clerk
By:
Ramon Ebert
Deputy City Manager
Approved as to form:
Best Best & Krieger LLP
City Attorney
By: _____________________________
Daniel Schneider
Community Services Director
IN COMPLIANCE WITH CONTRACT INSURANCE REQUIREMENTS
By: ______________________________
Rakesha Thomas
Human Resources & Risk Management Director
IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES ___________________________________
Chief Financial Officer
Purchasing Office
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EXHIBIT “A”
SCOPE OF SERVICES
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16498.00000\14332960.4 A-1 EXHIBIT “A”
SCOPE OF SERVICES
EXHIBIT “A”
SCOPE OF SERVICES
The Contractor TA Mentoring Services LLC shall provide the City with a Noble Youth Leadership sessions at elementary and middle school sites. The Noble Youth Leadership curriculum will focus on teaching students’ important values in life such as respect, dignity, love and trust. Professional development will be provided to Fontana Expanded Learning Program staff on the Noble Youth Leadership curriculum. The workshops, presentations, and staff development will be conducted within a (7) month timeframe with sessions scheduled to begin on October 17, 2022, and conclude by June 23, 2023. • Schedule:
o Session will begin on October 17, 2022, and conclude by June 23, 2023. • The Contractor sessions will include:
o One (1) Facilitator and four (4) assistant facilitators o 12 sessions on Monday, Tuesday, Wednesday, Thursday, and Friday o Up to 900 students served (3 cohorts at each site max) o Up to 100 staff members attend Noble Youth Sessions.
o Training of City staff and line staff (building healthy relationships with youth) o Training staff at each site (weekly check-ins)
o Parent informational meetings at each site
o Principal and staff meeting and informational session o School visit with students
o Follow-up calls/meetings with youth leaders/parents (healthy youth/parent relationships) o Develop outreach material in partnership with FUSD and City of Fontana staff o Planning and implementation
o Summary report of program outcomes.
o T-shirts, bracelets, and certificates provided to student participants o Will support City of Fontana efforts to collect data based on evaluation outcomes agreed to collectively.
o Presentation to Fontana Unified School District/City of Fontana staff on program implementation o In-Kind services - City will provide a space for three (3) celebrations. If allowed by Public Health Department.
o This fee includes attending all meeting requests by the City of Fontana staff and Fontana Unified School District.
o These sessions will be in person or on Zoom depending on the health recommendations by the City of Fontana or San Bernardino County officials.
• The Contractor shall provide the City with the following:
o Contractor shall purchase a City of Fontana business license; a copy of the license and/or receipt of purchases must be submitted to City no later than October 17, 2022 • The City reserves the right to cancel or reschedule any single event date listed on the contract, with or without cause, upon thirty (30) days notice given in writing. • Contractor will be funded through the After School Education and Safety (ASES) Grant • The Contractor shall be paid within thirty (30) days of services rendered as follows:
June 23, 2023
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16498.00000\14332960.4 A-2 EXHIBIT “A”
SCOPE OF SERVICES
$225,000 (ASES Funded Schools)
$225,000 (Total)
Contractor shall perform all services under this agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the state of California.
Contractor represents and maintains that it is skilled in the professional calling necessary to perform the services.
The Standard Engagement Agreement and attached Terms and Conditions are hereby acknowledged and made a part of the agreement between the parties. The City reserves the right to broadcast, televise and photograph the above group for the purpose of advertisement.
The City reserves the right to cancel the event at their own discretion in the event of rain, lightning, high winds and/or any unforeseen weather conditions. In the event that the Contractor is set-up and ready to perform when the event is cancelled the Contractor will be paid 50% of their fee. If the event is cancelled prior to arrival and setup the Contractor may be offered an alternative performance date at the same pay rate. 346
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1813 Agenda Date: 11/9/2022
Agenda #: J. Category: Consent Calendar
FROM:
Community Services
SUBJECT:
Approve a Contract with EBK & Company LLC to provide and deliver the US Engineering League at Fontana Expanded Learning Program’s middle school sites.
RECOMMENDATION:
Review and approve a contract with EBK & Company LLC to provide and deliver the US Engineering League, Mechanical Engineering/Robotics Club at the five (5) ASES-Funded Middle School sites.
COUNCIL GOALS:
· Increase citizen involvement by Developing future leaders. · Increase citizen involvement by promoting healthy lifestyle opportunities to residents of all ages.
DISCUSSION:
The City of Fontana is currently in its 16th year of collaboration with the Fontana Unified School District as the Fontana Expanded Program (FELP) provider. The Fontana Expanded Learning Program is an After School Education and Safety (ASES) grant and Expanded Learning Opportunities Program (ELO-P) funded program.
As part of the curriculum components, the Fontana Expanded Learning Program provides science, technology, engineering, and mathematics opportunities and 21st Century Skill lessons to meet the program requirements as well as align with the district’s efforts to prepare student education and career exploration.
To enhance the current science, technology, engineering, and mathematics (STEM) curriculum at the middle school sites, the Fontana Expanded Learning Program is recommending to contract EBK & Company LLC to provide and deliver the US Engineering League. The program will support and increase engagement in STEM expose them to coding, mechanical engineering, physics, and art.
EBK & Company LLC will provide a ten (10) week session on Sumobot League (Robotics) during the first semester and a ten (10) week session on Race Engineering (RC Cars) during the 2nd semester, for two (2) cohorts of twenty (20) students at all five (5) middle school sites. The United States Engineering League curriculum will focus on teaching students’ important values in STEM such as media and technology literacy, productivity, social skills, communication, flexibility, and initiative. In addition, they will train Fontana Expanded Learning Program staff on the US Engineering League curriculum.
City of Fontana Page 1 of 2 Printed on 11/3/2022
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File #: 21-1813 Agenda Date: 11/9/2022
Agenda #: J. Category: Consent Calendar
Due to the various science, technology, engineering, and mathematics (STEM) components the US Engineering League curriculum provides and the recommendation of the Fontana Unified School District, staff is recommending the City to contract EBK & Company LLC to provide additional STEM programming at the five (5) Fontana Expanded Learning Program middle school sites.
FISCAL IMPACT:
This program, as outlined in the Fontana Unified School District operating agreement, is budgeted in the adopted FY 2022/2023 Community Services Department operating budget. The cost of the contract is $140,985.50 and will be funded from Budget Unit 38524101, Account 8130 and is 100% reimbursable to the City.
MOTION:
Review and approve recommendation
City of Fontana Page 2 of 2 Printed on 11/3/2022
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Please Make Checks Payable To: US Engineering League
US Engineering League
2933 S Walker ave
Ontario, CA 91761
(909) 545-6711
[email protected]
usengineeringleague.org
ADDRESS
Andrew Solares
City of Fontana Expanded
Learning Program
16860 Valencia Ave
Fontana, CA 92335
Quote 1009
DATE 08/15/2022
EXPIRATION DATE 09/15/2022
ACTIVITY QTY RATE AMOUNT
Product Sales:SumoBot Kit
USEL SumoBot Kit used for SumoBots League programs at 5 Expanded learning school sites as follows:
Alder: 20
Sequoia: 20
Wayne Ruble: 30
Fontana: 20
Truman: 20
110 260.00 28,600.00T
Product Sales:USEL Race Car Engineering Kit
USEL Race Engineering set used for race engineering programs at 5 Expanded learning sites as follows:
Alder: 20
Sequoia: 20
Wayne Ruble: 30
Fontana: 20
Truman: 20
110 360.00 39,600.00T
After-School Program:USEL SumoBots League - Full Implementation by USEL
USEL SumoBots League is a multi-week after school league that focuses on mechanical engineering and entry level scratch style coding.
Students will build robots that can effectively push an opposing robot out of a sumo ring.
Students will improve and redesign their builds weekly in an attempt to earn the most points over the course of 6 matches. The team with the most points will be declared season champion.
USEL will provide 2 instructors, computer equipment, sumo rings, and all instruction to implement the program.
5 5,000.00 25,000.00
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Please Make Checks Payable To: US Engineering League
ACTIVITY QTY RATE AMOUNT
After-School Program:USEL Race Engineering - Full Implementation USEL Race Engineering League is a multi-week after school league that focuses on mechanical engineering, physics, and art.
Students will learn about mechanical and electrical components of a RC Race Car, racing physics, including torque and acceleration, wheel traction, and driving skills.
After 4 weeks of instructions and practical application, students will race in a 4 week league to determine the winning Racing Team. Teams will be judged on performance, car artwork, and presentation.
USEL will provide 2 instructors, race track,, and all instruction to implement the program.
5 8,500.00 42,500.00
For any questions regarding this estimate please call Herman at 909-644-7545
SUBTOTAL 135,700.00
TAX 5,285.50
TOTAL $140,985.50
Accepted By Accepted Date
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CITY OF FONTANA
PROFESSIONAL SERVICES AGREEMENT
MS-80-CS-23
This Agreement is made and entered into as of 12th day of October, 2022 by and between the City of Fontana, a public agency organized and operating under the laws of the State of California with its principal place of business at 8353 Sierra Avenue, Fontana, California 92335 (“City”), and EBK & Company LLC, Limited Liability Partnership with its principal place of business at 2933 South Walker Avenue, Ontario, CA 91761 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
Consultant - Workshops, Presentations and Staff Development Training Services for the USEL SumoBot League Kit (hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibit attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $140,985.50. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.
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3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.
5. Term:
The term of this Agreement shall be from October 17, 2022, to May 31, 2023, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The Notice to Proceed shall set forth the date of commencement of work.
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
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8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
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(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
d. Minimum Policy Limits Required
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(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit
Employer’s Liability $1,000,000 per accident or disease (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. e. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
f. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the 356
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policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
g. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
h. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
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i. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. 358
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b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.
15. Reserved
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
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b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.
19. Organization
Consultant shall assign Trinidad Arredondo – Noble Youth Facilitator as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described above.
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given, emailed or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
CITY:
City of Fontana
8353 Sierra Avenue
Fontana, California 92335
Attn: Andrew Solares
[email protected]
CONSULTANT:
EBK & Company
2933 S. Walker Ave
Ontario, California 91761
Attn: Ericka Kreimann
[email protected]
and shall be effective upon receipt thereof.
22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to 360
10 16498.00150\32126437.1
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
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[SIGNATURES ON FOLLOWING PAGE]
362
12 16498.00150\32126437.1
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
CITY OF FONTANA
By:
Matthew C. Ballantyne
City Manager
EBK & COMPANY LLC
By:
Attest:
By:
Germaine McClellan Key
City Clerk
By:
Ramon Ebert
Deputy City Manager
Approved as to form:
Best Best & Krieger LLP
City Attorney
By: _____________________________
Daniel Schneider
Community Services Director
IN COMPLIANCE WITH CONTRACT INSURANCE REQUIREMENTS
By: ______________________________
Rakesha Thomas
Human Resources & Risk Management Director
IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/PROCEDURES ___________________________________
Chief Financial Officer
Purchasing Office
363
13 16498.00150\32126437.1
EXHIBIT “A”
SCOPE OF SERVICES
364
16498.00000\14332960.4 A-1 EXHIBIT “A”
SCOPE OF SERVICES
EXHIBIT “A”
SCOPE OF SERVICES
The Contractor EBK & Company LLC shall provide the City with a USEL SumoBot League and Race Engineering sessions at five (5) middle school sites. The USEL curriculum will focus on teaching students coding and fundamental building skills. Professional development will be provided to Fontana Expanded Learning Program staff on the USEL curriculum. The workshops, presentations, and staff development will be conducted within a (7) month timeframe with sessions scheduled to begin on October 17, 2022 and conclude by May 31, 2023. • Schedule:
o Session will begin on October 17, 2022 and conclude by May 31, 2023. • The Contractor sessions will include:
o Full Implementation at five (5) middle school sites.
o 10-week session on Sumobot League (Robotics) – 1st semesters o USEL will provide 2 instructors, computer equipment, sumo rings, and all instruction to implement the program
o 10-week session on Race Engineering (RC Cars) – 2nd semesters o USEL will provide 2 instructors, race track,, and all instruction to implement the program. o Up to 400 students served
o Up to 30 staff members training development
o USEL Race Car Engineering Kit
o USEL SumoBot Kit
o Summary report of program outcomes.
o Will support City of Fontana efforts to collect data based on evaluation outcomes agreed to collectively.
• The Contractor shall provide the City with the following:
o Contractor shall purchase a City of Fontana business license; a copy of the license and/or receipt of purchases must be submitted to City no later than October 17, 2022 • The City reserves the right to cancel or reschedule any single event date listed on the contract, with or without cause, upon thirty (30) days notice given in writing. • Contractor will be funded through the After School Education and Safety (ASES) Grant • The Contractor shall be paid within thirty (30) days of services rendered as follows:
May 31, 2022
$140,985.50 (ASES Funded Schools)
$140,985.50 (Total)
Contractor shall perform all services under this agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the state of California.
Contractor represents and maintains that it is skilled in the professional calling necessary to perform the services.
The Standard Engagement Agreement and attached Terms and Conditions are hereby acknowledged and made a part of the agreement between the parties. The City reserves the right to broadcast, televise and photograph the above group for the purpose of advertisement.
365
16498.00000\14332960.4 A-2 EXHIBIT “A”
SCOPE OF SERVICES
The City reserves the right to cancel the event at their own discretion in the event of rain, lightning, high winds and/or any unforeseen weather conditions. In the event that the Contractor is set-up and ready to perform when the event is cancelled the Contractor will be paid 50% of their fee. If the event is cancelled prior to arrival and setup the Contractor may be offered an alternative performance date at the same pay rate. 366
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1817 Agenda Date: 11/9/2022
Agenda #: K. Category: Consent Calendar
FROM:
Housing
SUBJECT:
Authorize Submittal of Letter of Intent for Participation in the San Bernardino Regional Housing Trust RECOMMENDATION:
Authorize City Manager to submit letter of intent for participation in the San Bernardino Regional Housing Trust.
COUNCIL GOALS:
· Concentrate on Inter-governmental relations by establishing partnerships and positive working relationships with other public agencies providing services to residents and local businesses.
· Concentrate on Inter-governmental relations by pursuing financial participation from county, state and federal governments.
DISCUSSION:
In response to an increasing need for access to affordable housing across the San Bernardino region, the lack of sufficient funding to produce needed affordable housing and an increased interest in solutions to comprehensively address regional housing needs, the San Bernardino Council of Governments (SBCOG)/San Bernardino County Transportation Authority (SBCTA), is developing pathways for increased funding to support housing-related programs. One such pathway is the establishment of a regional housing trust fund, which would serve as a funding mechanism to support housing programs.
In 2021, in response to increasing concern around the region’s housing shortage, the City/County Managers Technical Advisory Committee (CCMTAC) of the San Bernardino Council of Governments (SBCOG) formed an adhoc subcommittee. The Subcommittee expressed interest in exploring the feasibility of implementing a housing trust fund for the San Bernardino region. The subcommittee is recommending that the housing trust serving San Bernardino Region be structured as a Joint Powers Authority made up of participating members with a non-profit component that allows the Housing Trust to solicit and accept private donations.
To provide the most accurate cost allocation, and to prepare for the funding request for the trust, it is being requested that each jurisdiction interested in participating in the trust submit a Letter of Intent.
Submittal of the Letter of Intent will only express interest in participation allowing for the correct calculation of the cost allocation across the interested agencies. Formal action will be required at a later date should Council decide to participate once all identified costs have been determined.
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File #: 21-1817 Agenda Date: 11/9/2022
Agenda #: K. Category: Consent Calendar
FISCAL IMPACT:
No Fiscal Impact.
MOTION:
Approve staff recommendation.
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City Council
Acquanetta Warren
Mayor
John B. Roberts
Council Member
Jesus “Jesse” Sandoval
Council Member
Phillip W. Cothran
Council Member
Peter A. Garcia
Council Member
www.Fontana.org
LETTER OF INTENT
November 9, 2022
Josh Lee, Deputy Director, Planning
San Bernardino Council of Governments
1170 W. Third Street, 2nd Floor
San Bernardino, California
92410
RE: INTEREST IN PARTICIPATING IN SAN BERNARDINO REGIONAL HOUSING TRUST Dear Mr. Lee,
The City of Fontana is interested in participating in the San Bernardino Regional Housing Trust (SBRHT) to be established by the San Bernardino Council of Governments (SBCOG).
Through the SBHRT, the City of Fontana intends to further the SBHRT’s goal to attract significant funding and affordable housing development interest into the San Bernardino region.
The City of Fontana anticipates that SBCTA/SBCOG will administer SBRHT and that each participating Party shall make annual contributions toward the budgeted administrative costs of SBRHT. In return, SBRHT will provide services and support to the region and its Parties to carry out the purpose of SBRHT.
This letter of interest is not a commitment, and we are providing this letter only to further the planning for the establishment of the SBRHT. Final commitment to join the SBHRT will be subject to Fontana City Council approval, funding availability, and other factors.
Should you have any questions regarding the City of Fontana’s interest, please contact Matthew C. Ballantyne, Fontana City Manager at [email protected] or at (909) 350- 7654.
Thank you.
Sincerely,
_________________________________
Matthew C. Ballantyne
City Manager
City of Fontana
369
City of Fontana
Action Report
Special City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1821 Agenda Date: 11/9/2022
Agenda #: L. Category: Consent Calendar
FROM:
Community Services
SUBJECT:
Co-Sponsorship Applications Cycle (2) FY 2022/2023
RECOMMENDATION:
Review and approve the eight (8) Co-Sponsorships recommended for the second half of 2022/2023 fiscal year (January 2023 through June 2023) totaling an amount of $21,178 as recommended by Parks, Community, and Human Services Commission.
COUNCIL GOALS:
· Operate in a businesslike manner by creating a memorable customer experience with every interaction.
· Increase citizen involvement by promoting healthy lifestyle opportunities to residents of all ages.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by creating and promoting community through people, parks, and programs.
DISCUSSION:
Current Co-Sponsorship procedures, as approved by the Parks, Community, and Human Services Commission and City Council, requires organizations to submit all Co-Sponsorship requests for activities taking place during the next fiscal year to be submitted between February 1 - February 28 or between September 1 - September 30.
All organizations in consideration for Co-Sponsorship must meet all Co-Sponsorship criteria ( Attachment A - Co-Sponsorship Policy) which includes proof of non-profit status (501 c3) or proof that the event is not for profit. Organization must be based in the incorporated boundaries of the City of Fontana. Event must benefit and be open to Fontana residents and organization must adhere to Co-Sponsorship tier rating. A brief description of individual applications is provided (Attachment B - Co-Sponsorship Application Descriptions).
Eight (8) eligible applications were received during the September 2022 requested period, six (6) requesting assistance with community events, two (2) requesting facility usage (Attachment C - Organizations Applying for Co-Sponsorship and Attachment D - Co-Sponsorship in kind cost breakdown).
Tier Levels:
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File #: 21-1821 Agenda Date: 11/9/2022
Agenda #: L. Category: Consent Calendar
Tier One
Organization provides minimum of eighty percent (80%) of program resources and funding.
Tier Two
Organization provides minimum of seventy percent (70%) of program resources and funding.
Tier Three
Organization provides minimum of fifty percent (50%) of program resources and funding.
Although all organization requesting funding must provide a minimum of fifty percent (50%) of program funding, tier funding levels are not applicable to organizations requesting the use of facilities during regular center hours.
Funding for Co-Sponsorship in the amount of $37,500 is proposed to City Council in the 22/23 fiscal year budget. Requested funding during the February application period totaled $24,498 which provides a balance of funding allocation of $13,002 for the remainder of fiscal year 22/23 budget. The combined eight (8) applications submitted during the September filing period total $21,178. Approval of all eight (8) submitted applications would leave an outstanding balance of -$8,176.
All applications were discussed and reviewed at the regular Parks, Community, and Human Services Commission meeting on October 27, 2022. The Commission individually reviewed the eight (8) applications in workshop prior to the October meeting and develop a recommendation for City Council to review and consider.
After review of the applications, the Commission had consensus to recommend eight (8) applications for full funding of in-kind services.
Approved Applications
Below are the recommended application that were approved:
Group Event In-Kind Request Commission
Recommended
Funding
Ephesians New
Testament Church
MLK Cultural
Celebration
$760 $760
Fontana Aquatics
Club
FAC Swim Meet $5,388 $5,388
Concerned Citizens
for the
Development of N.
Fontana
Black History Parade
& Expo
$2,630 $2,630
Fontana Foundation
of Hope
Ronald McDonald
Walk for Kids
$10,342 $10,342
Working Dogs for
Warriors
Community
Conference
$486 $486
Summit Calvary
Chapel Church
LOVE Fontana $1,572 $1,572
Troop 203 Girl
St
Troop Meetings Facility Use Only Facility Use Only
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File #: 21-1821 Agenda Date: 11/9/2022
Agenda #: L. Category: Consent Calendar
for the
Development of N.
Fontana
& Expo
Fontana Foundation
of Hope
Ronald McDonald
Walk for Kids
$10,342 $10,342
Working Dogs for
Warriors
Community
Conference
$486 $486
Summit Calvary
Chapel Church
LOVE Fontana $1,572 $1,572
Troop 203 Girl
Scouts
Troop Meetings Facility Use Only Facility Use Only
Fontana Veterans
Group
Support Group Facility Use Only Facility Use Only
TOTAL: $21,178.00
FISCAL IMPACT:
Funding for Co-Sponsorships in the amount of $37,500 is included in the adopted FY 2022-2023 operating budget. Requested funding during the February application period totaled $24,498 leaving an available balance of $13,002 for the September application period. Requested funding for the September filing period (8 applications) total $21,178. Approving all eight (8) new applications would exceed the Co-Sponsorship budget by $8,176. If approved, additional funding is available in the CoSponsorships ORG# 10124301.
MOTION:
Approve Parks, Community, and Human Services Commission recommendation.
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Attachment A
New Section Distribution: All Employees
File in City Administrative Manual
City of Fontana
POLICY AND PROCEDURES
Subject: POLICY TITLE
Co-Sponsorship of Events
Page
1 of 5
Section
20-58
Effective Date
7-1-06
Issued Date
6-13-06
Resolution Number: Approval Date:
I. PURPOSE
To establish guidelines for the City co-sponsorship of Fontana based events and/or programs.
II. GENERAL POLICY
The City of Fontana allocates certain funds annually for the purposes of assisting non-profit Fontana-based organizations hosting community events. The City does not provide funds for these co-sponsored events, but in kind services. The City shall develop co-sponsorship criteria to prioritize and select co-sponsorship applicants on a biannual basis and to effectively distribute finite budgetary allocations based on classifications and ratings of applicants.
III. DEFINITION
City Co-sponsored Event means an event that is planned and conducted by a Fontana-based non-profit organization that meets the criteria for co-sponsorship and the City participates by contributing staff time, public safety services, equipment use, and/or the use of facilities.
IV. PROVISIONS
1. An organization may fall into the following categories within the co-sponsorship criteria:
A. Classification 1:
A group demonstrating a clear, broad based community benefit demonstrated through the application process.
B. Classification 2:
A group demonstrating a clear community benefit targeted toward a specific segment of the community demonstrating an identified need.
2. An organization may apply for co-sponsorship in one of the following three co-sponsorship tier ratings.
A. Tier #1
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Organization provides a minimum of eighty percent of program resources and funding.
B. Tier #2
Organization provides a minimum of seventy percent of program resources and funding.
C. Tier #3
Organization provides minimum of fifty percent of program resources and funding.
NOTE: An organization must provide a minimum of fifty percent of the program’s resources (i.e. funding, equipment, advertisement) to be eligible to apply for co-sponsorship with the City.
3. The tier rating is based on the total amount of resources the organization allocates to the event.
4. Co-sponsorship applications will be accepted February 1 through February 28 for cosponsorship of events taking place during the following July 1 through June 30 period. A second application review process will be offered for events that are identified after the February application deadline. The second round of applications will be accepted September 1 through September 30 for events taking place January 1 through June 30 of the same fiscal planning year.
5. The City will rate each application according to the established criteria and will provide cosponsorship support based upon the available funding resources.
6. Community Services Department staff will review all requests for co-sponsorship to ensure the organization meets the above criteria.
7. Requests for co-sponsorship will be classified by their overall benefit to the community and will be ranked by tier rating prior to being sent to the Parks and Recreation Commission and City Council for consideration.
8. Organizations will be funded based upon classification and priority of ranking until budgeted co-sponsorship funds have been fully allocated.
V. CO-SPONSORSHIP RATING CRITERIA
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1. The applicant’s event must be a benefit to the Fontana community. One or several of the following would qualify a proposed event for consideration by the Parks and Recreation Commission and staff for City co-sponsorship:
A. The event responds to an identified community need. (These are needs that have been either ratified or initiated by the City Council.)
B. The event enhances current department programming efforts. (A local organization is willing to fund and operate a current Special Event or organize an Adult Sports program that provides recreation opportunities to local residents.) C. The event provides a unique leisure or community service opportunity for either the community at large or for a targeted group. (A local group that wants to organize an event that the staff, Parks and Recreation Commission and/or City Council believes benefits the community.)
D. The event raises funding for either Community Services Department programs or for services that benefit either the community at large or for a targeted group.
2. Application must show proof of 501 (c) 3 non-profit status or group must demonstrate the event is not for profit.
3. Applicant must be based in the incorporated boundaries of the City of Fontana.
4. When applicable, the applicant must have a valid charitable solicitation permit on file with the Management Services Department.
5. Applicant’s event must be open to all Fontana residents.
6. The applicant must qualify within Tier #1, Tier #2, or Tier #3 based on overall resources allocated.
7. The applicant must complete and submit the Co-Sponsorship Application and budget form along with a Special Event Application to the Community Services Department during one of the two identified application filing periods.
VI. ASSESSMENT CRITERA
Assessment(s) will be conducted at the conclusion of the event/activity to determine how well the objectives of the event/activity were met. Total attendance, activities offered, and overall benefit to the community will be reported on. Assessments will be conducted by:
1. Self Assessment
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A self assessment form will be provided to the applicant for the purpose of reporting on the outcome of the event.
2. Parks and Recreation Commission Assessment
When possible, one or more Parks and Recreation Commissioners will attend events to observe and provide feedback to the entire Parks and Recreation Commission.
3. Community Services Department Assessment
When applicable, a Community Services Department employee will be assigned to attend the event and provide feedback to both the applicant and the Parks and Recreation Commission.
VII. PROCEDURES
1. Complete the Co-sponsorship of Event Application and budget form in addition to a Special Event Application.
2. Submit application in February or September of each year to:
Co-Sponsorship Events
Community Services Department
16860 Valencia Avenue
Fontana, CA 92335
3. Upon receipt of applications, Community Services Department staff will verify eligibility, determine classification and assign tier rating.
4. Staff liaison shall place the request for co-sponsorship on the Parks and Recreation Commission agenda for review and consideration.
5. Staff liaison shall notify the applicant request co-sponsorship of the date, time, and location of the Parks and Recreation Commission meeting at which the request will be considered.
6. The request for co-sponsorship will be reviewed and either approved or denied by the Parks and Recreation Commission and then by the City Council.
A. If the request is approved by the Parks and Recreation Commission, staff will forward the request to City Council for consideration as part of the annual Budget Adoption Process or Mid-year Review of Budget Allocations.
i. Organizations that receive approval must recognize support of the City of Fontana as a co-sponsorship of the event or activity. All publicity and marketing for the event or activity must include the approved City of Fontana logo. 376
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ii. If the request is approved by the City Council, the staff liaison will notify the applicant and appropriate departments in writing within seven days of the City Council’s action.
B. If the request is denied staff will notify the applicant in writing. i. Appeal process: In the event the request is denied, the applicant may appeal the Park and Recreation Commission’s decision in writing, care of the Community Services Director at 16860 Valencia Avenue, Fontana, CA 92335 within seven business days of decision.
7. If applying for use of a facility, a Request for Use of Facility must be completed in addition to the Co-sponsorship of Events Application and Special Event Application.
8. The Community Services Director, or designee, can approve a co-sponsorship request for use of a City facility if the requested date and time does not impact facility rentals and/or programs AND which do not exceed $5,000 cumulatively, annually.
9. An applicant approved for co-sponsorship of facility use from the City that does not provide (30) days notice of cancellation of said event to the City will be charged a Class 3 facility rental fee according to the Facility Rental Policy.
10. After the conclusion of the co-sponsored event or activity, the approved Post Event/Activity Assessment will be conducted to determine the benefit to the community.
Note: Parks & Community Services Commission meetings are held on the fourth Thursday of the month. The City Council meetings are held on the second and fourth Tuesday of the month. 377
*Events in RED are new events
2022/2023 Co-Sponsorship Descriptions Attachment B
Event Information Description 2021/2022 Evaluation
Ephesians New Testament Church 2022: attendance 250
MLK Cultural Celebration
January 14, 2023 | 7pm-11pm
Sports Pavilion
Estimated Attendance: 300
Fontana Aquatics Club 2022: 1500
FAC Swim Meet
January 21-22, 2023
Fontana Park Aquatic Center
Estimated Attendance: 1500
3 Concerned Citizens for N. Fontana 2022: attendance 300 Black History Parade and Expo
February 25, 2023 | 10am-12pm
Citrus Ave, Summit to Sierra Lakes
Estimated Attendance: 500 to 1,000
Fontana Foundation of Hope 2022: attendance 1000
Ronald McDonald Walk for Kids
April 30, 2023 | 8am-12pm
Fontana Park
Estimated Attendance: 2,500
Working Dogs for Warriors NEW EVENT
Community Conference
May 18, 2023 | 9am-2pm
Jessie Turner Center
Estimated Attendance: 300
Summit Calvary Chapel Church 2022: attendance 150
Love Fontana
May 20, 2023 | 5pm-8pm
Veterans Park
Estimated Attendance: 1200
1F Girl Scouts Troop 203 NEW EVENT
Troop Meetings
tri-monthly meeting | 4pm-6pm
Jessie Turner Conference Room
Estimated Attendance: 10-12
Fontana Veterans Group
Meeting/Support group
Monday Meetings | 9am-10:30am
Senior Center
Estimated Attendance: 25
Lower attendance than expected. Sound issues.
City support included chair and heater rentals
Well organized and attended.
6 2F
Parade celebrating Black History Month and expo
taking place in Home Depot parking lot
A troop meeting to promote a learning
environment for girl scout members
Outreach event to celebrate the Fontana
community through music, activities, food, and
resources.
A support group that meets weekly to support and
encourage local veterans
1 MLK Celebration featuring a concert inside Sports
Pavilion to raise funds for scholarship program.
Sanctioned swim meet for participants ages 5-18
years old
Fundraising walk in support of the Inland Empire
Ronald McDonald house
A conference to unite community members
through exhibits, workshops, and networking
opportunities.
2 4
Better organization than years prior
Well organized event
Well organized event
5 378
*Events in RED are new events
2022/2023 Co-Sponsorships
Organizations Applying for Event Co-Sponsorship
Attachment C
Item
#
Organization Event Event Budget Value of In-Kind
City Support Tier Level
1 Ephesians New
Testament Church MLK Celebration $27,100 $760 Tier 1
2 Fontana Aquatics Club USA Swimming Meet $10,650 $5,388 Tier 3 3 Concerned Citizens for
the Development of
North Fontana Black History Parade $9,900 $2,630 Tier 2 4 Fontana Foundation of
Hope Annual Walk for Kids $27,250 $10,342 Tier 3
5 Working Dogs for
Warriors
Service to Our Community
Conference $31,100 $486 Tier 1
6 Summit Calvary Chapel
Church
Love Fontana
$13,500 $1,572 Tier 1
1F Girl Scouts Troop 203 2 Tuesday each
month/ 4th
Wednesday
4pm-6pm Jessie Turner
Conference
Room
2F Fontana Veterans Group Every Monday 9am-10:30am Senior Center TOTAL: $21,178
Facility
379
*Events in RED are new events
2022/2023 Co-Sponsorship
Cost Breakdown
Attachment D
# Organization Events Date & Time Location Requested Support City Support January 14, 2023 Sports Pavilion
7pm-11pm (1) Public Works (Parks) $55p/h x 4hrs = $220
(3) KFON $18p/h x 3 x 6hrs = $324
(2) CSD Staff (Events) $18p/h x2 x 6hrs = $216
$760.00
January 21-22, 2023 Use of FPAC
(4) Public Works (Parks) $55 x 4 x 6hrs = $1,320
(10) CSD Staff (Lifeguards) $18p/h x 10 x 22hrs (2days) = $3,960 (2) CSD Staff (Events) $18p/h x 2 x 3hrs = $108
$5,388.00
February 25, 2023 Closure of Ralph M Lewis
10am-1pm (6) Public Works (Streets) $55p/h x 6 x 5hrs = $1,650 (2) Public Works (Parks) $55p/h x 2 x 4hrs = $440
(3) KFON $18p/h x 3 x 5hrs = $270
(3) CSD Staff (Events) $18p/h x 3 x 5hrs = $270
$2,630.00
April 30, 2023 Closure of Fontana Park
8am-12pm
Public Works (Parks)
$55p/h x 4 x 4hrs = 880 + $55p/h x 2 x
12hrs = $1,320 = $2,200
Public Works (Streets) $55p/h x 4 x 6hrs = $1,320
Fontana PD $85p/h x 12 x 6hrs = $6,120
(4) CSD Staff (Events) $18p/h x 4 x 6hrs = $432
KFON $18p/h x 3 x 5hrs = $270
$10,342.00
May 18, 2023 Use of Jessie Turner Center
9am-2pm (3) CSD Staff $18p/h x 3 x 9hrs = $486
$486.00
May 20, 2023 Veterans Park
5pm-8pm (6) Public Works (Parks) $55p/h x 6 x 4hrs = $1,320 (2) KFON $18p/h x 2 x 5hrs = $180
(2) CSD Staff (Events) $18p/h x 2 x 2hrs = $72
$1,572.00
$21,178.00
1F Troop 203 Girl Scouts Troop Meetings tri-monthly Jessie Turner Conference Room
Use of Jessie Turner Meeting
Room $0
2F Fontana Veterans Group Support group Every Monday Senior Center Use of Senior Center Meeting Room $0
$0
6 Summit Calvary Chapel Church LOVE Fontana Veterans Park Fontana Foundation of Hope Ronald McDonald
Walk for Kids
4 Fontana Park
Community Jessie Turner Center
Conference
5 Working Dogs for Warriors
1 Ephesians New Testament Church MLK Cultural
Celebration
Sports Pavilion
3 Citrus Ave (SummitSierra Lakes Pkwy)
Fontana Aquatics Club FAC Swim Meet Fontana Park Aquatics Center
2 Black History Parade &
Expo
Concerned Citizens for the
Development of North Fontana
380
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1660 Agenda Date: 11/9/2022
Agenda #: M. Category: Consent Calendar
FROM:
Public Works
SUBJECT:
Authorize Contech Engineered Solutions as the Sole Source to Provide Bio Clean Certified Trash Full Capture Systems for Existing Catch Basin Retrofit and for New Development and Redevelopment Projects
RECOMMENDATION:
1. Authorize Contech Engineered Solutions (formerly known as Bio Clean Environmental Services, Inc.) as a single sole source vendor of certified trash full capture systems for existing catch basin retrofit and for new development and redevelopment projects.
2. Authorize the Purchasing Office to issue purchase orders to Contech Engineered Solutions for the purchase and/or installation of the certified trash full capture systems.
COUNCIL GOALS:
· Enhance the local environment for future generations and create a healthy economic and environmental future by adopting policies that promote compact and efficient development in new and existing communities.
· Enhance the local environment for future generations and create a healthy economic and environmental future by adopting policies that will attract new green business technologies to Fontana.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
DISCUSSION:
On April 7, 2015 the State Water Resources Control Board (SWRCB) adopted Statewide Trash Provisions (Trash Provisions) to address the impacts trash has on beneficial uses of surface waters.
The Trash Provisions establish a statewide water quality objective for trash and a prohibition of trash discharge, or deposition where it may be discharged, to surface waters. On June 2, 2017, the City of Fontana, having regulatory authority over priority land use activities, was issued Water Code Section 13383 Order by the Santa Ana Regional Water Quality Control Board to submit a method to comply with the Trash Provisions. Order 13383 remains in place until such time that Trash Provisions are incorporated into Phase I MS4 permits.
On January 30, 2018, the City of Fontana submitted a response letter indicating its intent to install, City of Fontana Page 1 of 2 Printed on 11/2/2022
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File #: 21-1660 Agenda Date: 11/9/2022
Agenda #: M. Category: Consent Calendar
operate, and maintain Full Capture Systems for all storm drains that capture runoff from the Priority Land Uses within its jurisdiction by the December 2030 deadline. The implementation plan was accepted by the Executive Officer of the Regional Water Quality Control Board.
In June 2019, to comply with these regulations, the City conducted a study of the City’s storm drain system to survey all the catch basin locations. The survey identified more than 400 catch basins are in need of the trash full capture device. The City then issued an informal bid for a pilot program to install several capture systems. Three (3) bid responses were received from certified trash full capture systems vendors: Contech Engineered Solutions (formerly known as Bio Clean Environmental Services, Inc.), United Stormwater, Inc., and Coanda, Inc. The three (3) vendors installed certified devices in seven (7) high stormwater flow locations in the City. The Environmental Compliance and Public Works Operations staff tested, monitored, and maintained these seven (7) locations from Fall 2019 through Summer 2022. Based on performance, health and safety requirements, effectiveness, installation, maintenance, cost, and regulatory compliance, staff determined that the Bio Clean device would work best for the City.
Contech Engineered Solutions, as the sole source vendor of the Bio Clean certified trash full capture system device, will be used to retrofit 400+ existing catch basins and will also be used for Engineering standard specifications for new development and redevelopment.
The retrofit of the 400+ existing catch basins initially identified in the 2019 survey will begin in FY 2023/2024. Further survey is needed to identify catch basins constructed between the 2019 survey and the implementation of Engineering standard specifications for new development and redevelopment.
The retrofit will continue until the currently identified 400+ catch basins and any newly surveyed catch basins are complete. The SWRCB mandates full compliance by December 2030. The requirement to install these trash full capture devices for new development and redevelopment will begin immediately.
FISCAL IMPACT:
The budget for the retrofit of existing catch basins will be requested as part of the new FY 2023/2024 budget process from a combination of grant, stormwater, solid waste, and/or other funds. The purchase and installation of the trash full capture devices will be spread over seven (7) years. The estimated first year’s cost for the purchase and installation for the retrofit is approximately $100,000.
Thereafter, the retrofit budget will be requested every fiscal year until full implementation is complete by December 2030. The cost to redevelopment will be requested and included in individual redevelopment project budgets. There is no cost to the City for new development since the cost of the purchase and installation of the devices for new development will be the responsibility of the developer.
MOTION:
Approve staff recommendation.
City of Fontana Page 2 of 2 Printed on 11/2/2022
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ENGINEERED SOLUTIONS
Bio Clean® Catch Basin
Inlet Filters
383
Your Contech Team
Contech is the leader in stormwater solutions, helping
engineers, contractors and owners with infrastructure
and land development projects throughout North
America.
With our responsive team of stormwater experts, local
regulatory expertise and flexible solutions, Contech is the trusted partner you can count on for stormwater
management solutions.
The experts you need to
solve your stormwater challenges
STORMWATER
CONSULTANT
It’s my job to recommend
the best solution to meet
permitting requirements.
STORMWATER
DESIGN ENGINEER
I work with consultants to design
the best approved solution to
meet your project’s needs.
REGULATORY MANAGER
I understand the local stormwater
regulations and what solutions
will be approved.
SALES ENGINEER
I make sure our solutions
meet the needs of the contractor
during construction.
Contech is your partner in stormwater management solutions 384 Bio Clean® Catch Basin Inlet Filter Configurations
Bio Clean® Catch Basin Inlet Filter
Advantages
Removing trash and sediment to protect our waterways ...
Our nation has some of the world’s most beautiful beaches and waterways. Unfortunately, trash such as cigarette butts, food packaging, cans and bottles, and plastic waste makes its way into streams, creeks, rivers, and the ocean, as rain events wash them into gutters and storm drains.
Bio Clean Catch Basin Filters provide the first defense against trash and other pollutants entering your stormwater steam by providing 100% trash capture at the source, preventing system clogging and improving downstream water quality.
Bio Clean Catch Basin Inlet Filters offer superior durability and customization ... 1-year warranty
Long-lasting, stainless-steel construction
Designed for a wide range of sizes to fit most curb and grate inlets High-flows bypass prevents scouring of previously captured trash and debris Installed and maintained in minutes
Testing Highlight: California Water Board
100% of Trash
Full Trash Capture
Testing Highlight: Over 1,000 LBS of load capacity
Standard Sediment Filter
Testing Highlight: Third Party Testing
85% of TSS & 72% of TP
Kraken® Membrane Filtration
Designed for maximized flow rates while meeting trash full capture requirements by the State of California Water Board. 385
Our filters provide easy access for maintenance from the surface without having to enter the catch basin. Maintenance service takes about 15 minutes and requires no confined space entry.
Each Bio Clean Catch Basin Inlet Filter is designed to be insertable and the expandable trough system is designed to convey water quality design flows through the filter basket while allowing peak flows to bypass over the trough without resuspending captured pollutants. The modular design of the trough system makes it adaptable to any size* or type of curb inlet catch basin. *Some depth restrictions may apply. Bypass to prevent backflow during the largest storm events.
Bio Clean® Catch Basin Inlet Filter Applications
Bio Clean Catch Basin Inlet Filters have been successfully used on numerous new construction and retrofit projects.
The system’s superior durability and customization make it ideal for a wide range of stormwater applications. Each filter fits within a shallow catch basin, giving them the ability to integrate with versatile curb inlet trough systems.
Applications include:
Parking Lot Curb Inlets
Parking Lot Grate Inlets
Roadway Curb Inlets
Roadway Grate Inlets
Bioswale Bypass Structures
Stormwater Pretreatment
Bypass Flow Path
Treatment Flow Path
Curb Opening
Trough System
Non-Clogging
Screen
Outflow Pipe
Bypass Weir
Bottom Screen
Hydrocarbon
Boom Rail
Hydrocarbon
Boom
Captures 100% of trash 386
ENGINEERED SOLUTIONS
Full Trash Capture
Full Capture Sizing
Full Capture Removes 100% of Trash ...
The Full Trash Capture catch basin inlet filter is California Full Capture approved and allows for a higher flow of water, making it more applicable for demanding applications. The screen has a specialized design that efficiently captures all trash, but also makes cleaning more efficient while maintaining its ability to meet demanding flow requirements.
MODEL # STORAGE CAPACITY
(CU FT)
TREATMENT FLOW
RATE (CFS)
BYPASS FLOW RATE
(CFS)
BIO-CURB-FULL-30 1 0.11
BIO-GRATE-FULL-12-12 0.27 0.04 1.55
BIO-GRATE-FULL-18-18 1.34 0.04 3.68
BIO-GRATE-FULL-24-24 1.78 0.11 4.83
BIO-GRATE-FULL-30-30 3.33 0.27 6.21
BIO-GRATE-FULL-36-36 4.56 0.49 7.6
Note: Flow rate includes safety factor of two for screen capacity. Storage capacity based on filter basket at 50% full.
Bypass Flow Path
Treatment Flow Path
Mounting
Flange
High Flow
Bypass
Non-Clogging
Screens
Bottom
Screen
Hydrocarbon
Boom (optional)
387
Flow rate includes safety factor of two for screen capacity.
Storage capacity based on filter basket at 50% full.
Standard Sediment Filter
The Standard Sediment Filter offers an affordable solution to capture trash and debris from stormwater before it enters the conveyance system. With a stainless-steel frame, the Standard Sediment Filter provided over 1000 lbs. of load capacity based in full scale load testing.
Applications include:
100% of Trash Removal
Over 1,000 LBS of Load Capacity Based in Full Scale Load Testing
MODEL # STORAGE CAPACITY
(CU FT)
TREATMENT FLOW
RATE (CFS)
BYPASS FLOW
RATE (CFS)
BIO-CURB-FULL-12 0.88 2.85
BIO-CURB-FULL-24 1.77 2.85
BIO-GRATE-FULL-12-12-12 0.15 1.04 1.24
BIO-GRATE-FULL-18-18-12 0.33 1.78 2.79
BIO-GRATE-FULL-24-24-12 0.59 2.7 4.96
BIO-GRATE-FULL-24-40-12 0.88 3.7 6.35
BIO-GRATE-FULL-24-24-24 1.22 7.31 4.96
BIO-GRATE-FULL-24-40-24 1.82 9.53 6.35
BIO-GRATE-FABRIC-36-36-24 2.73 2.22 7.74
Standard Sediment Filter
Sizing
Built to last longer than other trash capture filters
Bypass Flow Path
Treatment Flow Path
Mounting
Flange
High Flow
Bypass
Woven Geotextile
Fabric
388
Kraken® Membrane Filtration
Kraken® Filter Type Sizing
ENGINEERED SOLUTIONS
Advanced-Level Filtration ...
The Kraken Catch Basin Insert is an advanced filtration device designed with Kraken membrane filtration cartridges for increased removal efficiencies. Kraken Filter cartridges are removable and reusable after spray cleaning with a garden hose.
100% of Trash Removal
85% Removal of TSS
72% Removal of Phosphorus
81% Removal of Oils & Grease
52% Removal of Copper
58% Removal of Zinc
60% Removal of Fecal Coliform
ENGINEERED SOLUTIONS
MODEL # TREATMENT FLOW
RATE (CFS)
BYPASS FLOW
RATE (CFS)
BIO-CURB-KMF-33 0.13 UNLIMITED
BIO-GRATE-KMF-12-12-39 0.04 0.52
BIO-GRATE-KMF-18-18-39 0.04 2.51
BIO-GRATE-KMF-24-24-39 0.17 5.31
BIO-GRATE-KMF-36-36-39 0.5 12.53
BIO-GRATE-KMF-48-48-39 0.88 17.05
Bypass Flow Path
Treatment Flow Path
Kraken
Membrane
Cartridges
Cartridge
Handle
High Flow
Bypass
Cartridge
Mount
Note: Flow rate based on loading rate of 0.1 gpm/sq ft. Storage capacity based on filter basket at 50% full.
All models are 30” tall to accommodate a full size Kraken Cartridge. 389
© 2022 Contech Engineered Solutions LLC, a QUIKRETE Company All Rights Reserved. Printed in the USA.
Few companies offer the wide range of highquality stormwater resources you can find with us — state-of-the-art products, decades of
expertise, and all the maintenance support you
need to operate your system cost-effectively.
Get social with us:
800-338-1122 | www.ContechES.com
NOTHING IN THIS CATALOG SHOULD BE CONSTRUED AS A WARRANTY. APPLICATIONS
SUGGESTED HEREIN ARE DESCRIBED ONLY TO HELP READERS MAKE THEIR OWN EVALUATIONS
AND DECISIONS, AND ARE NEITHER GUARANTEES NOR WARRANTIES OF SUITABILITY FOR ANY APPLICATION. CONTECH MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, RELATED TO THE APPLICATIONS, MATERIALS, COATINGS, OR PRODUCTS DISCUSSED HEREIN. ALL IMPLIED
WARRANTIES OF MERCHANTABILITY AND ALL IMPLIED WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE ARE DISCLAIMED BY CONTECH. SEE CONTECH’S CONDITIONS OF SALE (AVAILABLE AT WWW.CONTECHES.COM/COS) FOR MORE INFORMATION.
ENGINEERED SOLUTIONS
THE CONTECH WAY
Contech® Engineered Solutions provides innovative, cost-effective site solutions to engineers, contractors, and developers on projects across North America. Our portfolio includes bridges, drainage, erosion control, retaining wall, sanitary sewer and stormwater management products.
TAKE THE NEXT STEP
For more information: www.ContechES.com
STORMWATER
SOLUTIONS
PIPE
SOLUTIONS
STRUCTURES
SOLUTIONS
Bio Clean® Catch Basin Inlet Filter Maintenance
Filters can be maintained by a vac truck or by hand.
390
Bio Clean CPS™
A Stormwater Trash Capture Solution
A Forterra Company
391
ADVANTAGES
• CAPTURES 100% OF TRASH AND DEBRIS
5MM AND GREATER
• 100% STAINLESS STEEL CONSTRUCTION
UTILIZING ONLY PERFORATED METAL
CONSTRUCTION
• MODULAR DESIGN ALLOWS IT TO
ADAPT TO PIPE SIZES RANGING
FROM 4 INCHES TO 48 INCHES
• MODULAR DESIGN ALLOWS FOR
DESIGN FLEXIBILITY
OVERVIEW
The Bio Clean CPS™ (Connector Pipe Screen) is designed to utilize existing catch basins, allowing them to efficiently capture 100% of trash and debris.
The Bio Clean CPS technology can be retrofitted into any curb or drop inlet to help municipalities meet current stormwater regulations and comply with their NPDES or MS4 permit. Bio Clean CPS devices can be used for new site developments as the first line of defense to prevent trash and debris from reaching downstream stormwater BMPs where they can cause clogging and unnecessary maintenance burdens.
Constructed from 100% 304 perforated stainless steel, the system is feasible, effective, and built to last. An innovative curved design with multiple cross supports ensures the device can withstand several hundred pounds of pressure, far exceeding the 60-plus pound requirement by the County of Los Angeles.
Its modular design makes it easy to insert through a 24-inch diameter manhole and assemble inside the basin within minutes. The center piece comes in different lengths allowing it to be used with outlet pipe sizes up to 48 inches or greater. For catch basins with pipes exiting in the corner, the system can easily be adapted to an ‘L’ shape using a single corner piece and a single center piece.
Perforated Stainless Steel Panels
Reinforcement Bracket
Panels retain all trash
larger than 5mm
392
CONFIGURATIONS
Treated flows enter the basin and are passed through the Bio Clean CPS which retains all trash and debris down to 5 mms in size.
High flows are allowed to bypass over the top of
the Bio Clean CPS during intense storm events.
OPERATION
U-Shape L-Shape
393
INSTALLATION MAINTENANCE
The modular design of the system makes installation
fast and easy. Rounded end pieces and center
sections fit through any standard manhole. The
system is assembled using self-tapping screws and
concrete drive pins.
The Bio Clean CPS makes any catch basin a Full
Trash Capture device. Maintenance of the catch
basin can be performed using a standard vacuum
truck or removed by hand.
06102020
A Forterra Company
5796 Armada Drive Suite 250
Carlsbad, CA 92008
855.566.3938
[email protected]
biocleanenvironmental.com394
Bio Clean CPS
A Stormwater Trash Capture Solution
INSTALLATION MANUAL
5796 Armada Drive Suite 250 | Carlsbad, CA 92008 | 855.566.3938 [email protected] | biocleanenvironmental.com 395 1 | P a g e
INSTALLATION
Bio Clean CPS is designed to be installed inside each catch basin covering the outlet pipe within the acceptable perimeters. Bio Clean CPS requires entry into each catch basin for installing this product.
Please follow all guidelines for working and entering a catch basin per your State and Federal Guidelines. Bio Clean is not responsible for any injuries or damages that might occur during this installation process.
Installer to determine which Bio Clean CPS model to install based on the following criteria:
1. Location of connector pipe inside the catch basin to determine the screen shape
2. Sizing of the Outlet Pipe for Connector Pipe Screen to Filter
3. Location of the curb opening to determine if a bypass lid is required
4. Treatment flow rate through the screen
5. Bypass requirements – typically over the screen
It is recommended that the catch basin be cleaned during time of install as the install can be used as opportunity to do so. Bio Clean CPS installation requires a debris free surface when installing to make sure that the CPS rests with no more than a 5MM gap on any of its edges.
Requirements:
The contractor shall furnish all labor, equipment, materials, and incidentals required to install the CPS and appurtenances in accordance with the contract documents. Any damage to the existing drainage structure (retrofit applications) or surrounding infrastructure that may need to be repaired to allow for proper installation of the CPS shall be considered incidental and to be paid for at no 396
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cost to the client. Bio Clean does offer installation services in certain areas. Please contact Bio Clean for more information on pre-authorized 3rd party contractors that can provide install service in your area.
The manufacturer of the Bio Clean CPS does provide a warranty against defects in materials and workmanship for a period of 3 years from the date of acceptance by the Engineer. The Bio Clean CPS also carries a 2-year warranty on installation.
Components:
Tools:
Marker – Sharpie
Tape Measure
Square – Straight Edge
Hammer (recommend 2lbs sledge hammer)
Level 24”
RotoHammer w/ 3/8” x 6” concrete bit
9/16 wrench
Impact Drill with 9/16 socket (not required)
Hardware:
3/8” x 2 ¾” Wedge Anchors
3/8” x 1 ½” Nuts & Bolt, Washers
397
3 | P a g e
Installation:
1. Carefully lower the Bio Clean CPS unit through the manhole opening.
2. Position the Bio Clean CPS so it is evenly spaced around the connector pipe, ensuring a minimum of 4” spacing away from any corners.
3. Mark the hole locations on the wall for the stainless anchor bolts.
4. Drill holes and hammer the bolts in place
5. Secure the Bio Clean CPS using stainless nuts.
6. If the bottom of the base exposes more than a 5 mm gap, then an additional face strip may be fastened to the base channel using stainless tek screws or rivets. This base face strip matches the length and contour of the base screen.
For Installation Support
Please Contact Us At:
760-433-7640
[email protected]
398
Bio Clean CPS
A Stormwater Trash Capture Solution
A Forterra Company
OPERATION & MAINTENANCE
MANUAL
5796 Armada Drive Suite 250 | Carlsbad, CA 92008 | 855.566.3938 [email protected] | biocleanenvironmental.com 399 1 | Page
OPERATION & MAINTENANCE
CPS devices should be maintained by individuals who are trained in proper disposal procedures, confined space entry and traffic safety regulations. When servicing a Bio Clean CPS device be sure to follow all safety and traffic control protocols as well as wearing all proper personal protection equipment such as gloves, safety glasses, hard-hat, safety vest and work boots.
Visual Inspection
1. Begin by inspecting the inflow of the catch basin where the Bio Clean CPS device is located.
Check for any obstructions to inflow of the CB unit. If any large obstructions are found, have them removed. Once the inflow inspection is completed, remove the man-hole cover for further inspection. (Note: Confined Space Entry Procedures may apply if trained personnel intend to enter the interior space of any Catch Basin. Please follow all applicable confined space entry procedures)
2. Remove the manhole cover and visually estimate the amount and types of debris found in the CB unit. Look for any visual signs of damage that may compromise the CB unit to function properly.
Inspect for any standing water in the CB unit as well as for large amounts of sediment and debris surrounding the CPS device. If standing water and high sediment volume is found, remove water, sediment and debris by vacuum truck or by other debris removal methods. 400
2 | Page
Cleaning Procedures and Frequencies
1. Like all other storm water BMP’s, Bio Clean CPS devices require periodic maintenance.
Routine inspection and maintenance intervals for all CPS devices are typically twice per year for inspections and once per year for maintenance service. Bio Clean CPS devices may require more frequent maintenance service if the device is located in a high debris loading drainage area, such as certain downtown areas, retail/restaurant, or residential areas where a significant amount of vegetation/foliage is located. In such cases, Bio Clean CPS devices may require more frequent inspection and maintenance service, which could range from twice per year to monthly inspection and maintenance service, depending on pollutant load conditions.
2. To begin Bio Clean CPS cleaning procedures, conduct a visual inspection of the CPS device and the surrounding area to ensure a safe working environment. Setup appropriate barriers and signage as necessary to establish a work zone surrounding the catch basin. Once the work zone has been established, remove the manhole cover from the catch basin.
3. Once the manhole cover is removed from the basin the Bio Clean CPS is ready for servicing. All debris can be removed by either a vacuum truck or manually removing sediment and debris by hand.
4. Bio Clean CPS devices shall be cleaned using a pressure washer as may be necessary if any materials are found to cause occlusion or clogging of the screen.
Disposal
1. All trash and debris removed from the Bio Clean CPS unit shall be disposed of in accordance with local, state and federal regulation.
2. Solid waste disposal can be coordinated with local landfills. Liquids may need to be disposed of by wastewater treatment plant, municipal vacuum truck decant facility or approved facility.
For Maintenance Services or
Information Please Contact Us At:
760-433-7640
Or Email:
[email protected]
401
Stormwater Connector Pipe Screen Page 1 of 4
Section [________]
Stormwater Connector Pipe Screen
PART 1 – GENERAL
01.01.00 Purpose
The purpose of this specification is to establish generally acceptable criteria for Connector Pipe Screens used for collecting trash and debris inside catch basins. It is intended to serve as a guide to producers, distributors, architects, engineers, contractors, plumbers, installers, inspectors, agencies and users; to promote understanding regarding materials, manufacture and installation; and to provide for identification of devices complying with this specification.
01.02.00 Description
Stormwater Connector Pipe Screens (CPS) are used to prevent trash and debris from entering the stormwater system during dry weather and moderate storm flows by keeping the trash inside the catch basin. The CPS is a screen placed permanently or temporarily in a catch basin at the location of the outlet pipe. The screen separates trash and debris from stormwater treatment flows. Flows that exceed the treatment flow rate bypass over the top of the screen. When the outlet pipe is located below a curb opening the CPS features a lid to prevent debris from passing behind the screen and flowing directly to the outlet pipe. The CPS shall be designed to retain all trash larger than 5 mm (0.197 inches) in the catch basin.
01.03.00 Manufacturer
The manufacturer of the CPS shall be one that is regularly engaged in the engineering, design and production of systems developed for the treatment of stormwater runoff for at least (10) years, and which has a history of successful production, acceptable to the engineer of work. In accordance with the drawings, the CPS(s) shall be a screen device manufactured/distributed by Bio Clean Environmental Services, Inc., or assigned distributors or licensees. Bio Clean Environmental Services, Inc. can be reached at:
5796 Armada Drive, Suite 250
Carlsbad, CA 92008
Phone: (760) 433-7640
Fax: (760) 433-3176
www.biocleanenvironmental.net
01.04.00 Submittals
01.04.01 Submittal drawings will be provided with each order to the contractor and engineer of work.
01.04.02 Submittal drawings are to detail the CPS, its components and the sequence for installation, including:
• CPS configuration with primary dimensions
• Various CPS components
• Any accessory equipment
01.04.03 Inspection and maintenance documentation submitted upon request.
01.05.00 Work Included
01.05.01 Specification requirements for installation of CPS.
01.05.02 Manufacturer to supply CPS(s):
402
Stormwater Connector Pipe Screen Page 2 of 4
• Screen
• Mounting hardware
• Bypass lid with supports (when required)
PART 2 – COMPONENTS
02.01.01 The CPS shall have a sufficient structural integrity to withstand a lateral force of standing water within the catch basin area when the screen becomes 100% clogged. The CPS unit shall be bolted to the catch basin walls.
02.01.02 The CPS shall be configured with deflector plates or screens preventing trash from falling between the screen and connector pipe. The deflector plate shall be designed to withstand a vertical load.
02.01.03 The gap at the bottom, sides, and joints of the CPS unit shall not exceed 5 mm (0.197 inches).
02.01.04 The CPS shall include vertical structural stiffeners extending the full length of the screen in the form as bends in the screen itself, a bolting surface to fasten the CPS to the wall of the catch basin, and support for the upper portion of the CPS unit referred to as the “bypass.”
02.01.05 All parts/components of the CPS unit must be sized to fit through the catch basin’s manhole opening.
02.01.06 The CPS frame shall be fabricated from 304 stainless steel.
02.01.07 The CPS screen shall be fabricated from perforated 304 stainless steel. The screen shall have a minimum thickness of 16 gauge. The geometrical opening shape shall have a diameter of 5 mm (0.197 inches).
02.01.08 The screen material used shall have at least 45% open area.
02.01.09 Any edge of the CPS that is not flush with the wall or floor of the catch basin shall be smooth with no prongs or jagged edges.
02.01.10 The assembly bolts, screws, nuts, and washers shall be fabricated entirely from 316 stainless steel. The concrete anchor bolts shall use a wedge anchor, with Type 316 stainless steel threaded rods, nuts, and washers.
PART 3 – PERFORMANCE
03.01.00 General
03.01.01 Function - The CPS has no moving internal components and functions based on gravity flow, unless otherwise specified. Stormwater runoff enters the catch basin through a curb opening and flows toward the connector pipe. The CPS is placed to intercept flows prior to exiting the catch basin through the connector pipe. The CPS must be able to be removed through the catch basin opening. Stormwater flow up to the peak treatment rate is processed through the screen. Flows in excess of the peak treatment rate will overtop the screen in a bypass. The lid (when required) shall be place high enough above the screen to allow for full bypass flow.
03.01.02 Pollutants - The CPS will remove and retain trash and debris larger than 5 mm in diameter entering the catch basin during frequent storm events and specified flow rates.
03.01.03 Treatment Flow Rate - The CPS operates through gravity flow. The CPS is to be sized so the screen is capable of passing the calculated project specific water quality flow rate per local standards. All treatment flow rates must include a 50% screen clogging factor.
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Stormwater Connector Pipe Screen Page 3 of 4
03.01.04 Bypass Flow Rate – The CPS is designed to fit within the catch basin in a way not to affect the existing hydraulics and treat or bypass all flows. The bypass must be sized with a surface area greater than the outlet pipe size, thus the CPS shall not be a critical point of flow restriction.
PART 4 - EXECUTION
04.01.00 General
The installation and use of the CPS shall conform to all applicable national, state, municipal and local specifications.
04.02.00 Installation
The contractor shall furnish all labor, equipment, materials and incidentals required to install the CPS device(s) and appurtenances in accordance with the drawings, installation manual, and these specifications, and be inspected and approved by the local governing agency. Any damage to catch basin and surrounding infrastructure caused by the installation of the CPS is the responsibility of the installation contractor.
04.02.01 CPS and all components or accessories shall be inserted through the catch basin and properly secured per manufactures installation manual and these specifications.
04.03.00 Shipping, Storage and Handling
04.03.01 Shipping – CPS shall be shipped to the contractor’s address and is the responsibility of the contractor to transport the unit(s) to the exact site of installation.
04.03.02 Storage and Handling– The contractor shall exercise care in the storage and handling of the CPS(s) and its components prior to and during installation.
Any repair or replacement costs associated with events occurring after delivery is accepted, and unloading has commenced shall be born by the contractor. The CPS(s) and its components shall always be stored indoors and transported inside the original shipping container(s) until the CPS(s) are ready to be installed. The CPS shall always be handled with care and lifted according to OSHA and NIOSA lifting recommendations and/or contractor’s workplace safety professional recommendations.
04.04.00 Maintenance and Inspection
04.04.01 Inspection – After installation, the contractor shall demonstrate that the CPS has been properly installed at the correct location(s), elevations, and with appropriate supports and fasteners. All components associated with the CPS and its installation shall be subject to inspection by the engineer of work, governing agency, and the manufacture at the place of installation. In addition, the contractor shall demonstrate that the CPS has been installed per the manufacturer’s specifications and recommendations. CPS(s) shall be physically inspected regularly in accordance to owner’s Stormwater Pollution Prevention Plans (SWPPP) and manufacture’s recommendations. An inspection record shall be kept by the inspection operator. The record shall include the condition of the CPS and its appurtenances. The most current copy of the inspection record shall always be copied and placed in the owner’s SWPPP.
04.04.02 Maintenance – The maintenance shall be performed by someone qualified. A Maintenance Manual is available upon request from the manufacturer. The 404
Stormwater Connector Pipe Screen Page 4 of 4
manual has detailed information regarding the maintenance of the CPS(s). A detailed Maintenance Record shall be kept by the maintenance operator. The Maintenance Record shall include any maintenance activities preformed, amount and description of debris collected, and the condition of the CPS. The most current copy of the Maintenance Record shall always be copied and placed in the owner’s Stormwater Pollution Prevention Plan (SWPPP) per governing agency. Upon cleaning: no trash or debris shall be located in the catch basin, on top of the bypass lid, or between the screen; no vegetation shall block the catch basin opening or connector pipe; and no trash or debris shall be located within the catch basin opening.
04.04.03 Material Disposal - All debris, trash, organics, and sediments captured and removed from the CPS shall be transported and disposed of at an approved facility for disposal in accordance with local and state regulations. Please refer to state and local regulations for the proper disposal of toxic and nontoxic material.
PART 5 – QUALITY ASSURANCE
05.01.00 Warranty
The manufacturer shall guarantee the CPS against all manufacturing defects in materials and workmanship for a period of (1) year from the date of delivery to the contractor. The manufacturer shall be notified of repair or replacement issues in writing within the warranty period. The CPS is limited to recommended application for which it was designed. [End of This Section]
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Storm Water Inlet Screen Page 1 of 4
Section [________]
Storm Water Inlet Automatic Retractable Screen
PART 1 – GENERAL
01.01.00 Purpose
The purpose of this specification is to establish generally acceptable criteria for Automatic Retractable Screens (ARS) using flow control blades that prevent trash and debris from entering catch basins and other storm water drainage infrastructure. It is intended to serve as a guide to promote understanding regarding materials, manufacture and installation; and to identify devices complying with this specification.
01.02.00 Description
The ARS using flow control blades is used for screening stormwater runoff including dry weather flows. The ARS is a pre-engineered automatic retractable water screening system designed to stop larger trash and debris from entering catch basins during low to moderate flows by staying closed.
During higher flows water pressure force the flow control blades to open only where flow is present and only to a distance needed to pass the flow into the catch basin thus continuing to block trash and debris at all flow rates.
01.03.00 Manufacturer
The manufacturer of the ARS shall be one that is regularly engaged in the engineering design and production of systems developed for the treatment of stormwater runoff for at least (10) years, and which has a history of successful production that is acceptable to the engineer of work. In accordance with the drawings, the ARS(s) shall be a device manufactured by Bio Clean Environmental Services, Inc., or assigned distributors or licensees. Bio Clean Environmental Services, Inc. can be reached at:
Bio Clean Environmental Services, Inc
Corporate Headquarters:
398 Via El Centro
Oceanside, CA 92058
Phone: (760) 433-7640
Fax: (760) 433-3176
www.biocleanenvironmental.com
01.04.00 Submittals
01.04.01 Submittal drawings are to be provided with each order.
01.04.02 Submittal drawings are to detail the ARS and all components required and the sequence for installation, including:
• System configuration with primary dimensions
01.04.03 Inspection and maintenance documentation submitted upon request.
01.05.00 Work Included
01.05.01 Specification requirements for installation of ARS.
01.05.02 Manufacturer to supply components of the ARS(s):
• Flow Control Blade Assembly
• Mounting hardware
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PART 2 – COMPONENTS
The Automatic Retractable Screen (ARS) and all of its components shall be made of 304 and 316 stainless steel. The Flow Control Blades shall be fabricated out of structural polymer with an ultraviolet inhibitor to withstand environmental conditions.
02.01.00 Screening System/Flow Control Blades
02.01.01 Pivot Support Rod shall be manufactured of stainless steel grade 304 or 316, round bar. Length of bar will be per submittal drawings. All joints and seams are to be welded or fastened together with stainless steel hardware.
02.01.02 Flow Control Blades shall be fabricated out of structural polymer with an ultraviolet inhibitor to withstand environmental conditions. The blades shall assembled end to end to provide full coverage of the basin and move independently pivoting from the support rod.
02.01.03 Spring Tensioner shall be manufactured of stainless steel grade 304 or 316 and shall be field-adjustable to return screens to their closed position. The spring tensioner shall interconnect all the blades with a 316 stainless steel, 19 strand cable. No single/one movable screen or blade is allowed.
02.01.04 Mounting Bracket shall be manufactured of stainless steel grade 304 or 316.
The mounting bracket shall be secured to the concrete structure per section
02.01.05. Side brackets shall be hinged and adjustable for recessed mounting. Center mount shall be a pressure plate that is adjustable.
02.01.05 Mounting Hardware shall consist of 1/4" diameter Type 316L stainless steel mushroom head spike anchors or wedge anchors. The anchors shall secure the mounting brackets to the curb. The spike anchors shall not protrude from the face of the mounting bracket more than 7/64". Mounting hardware shall be installed per section 04.02.00
PART 3 – PERFORMANCE
The inlet screen shall meet performance specifications listed on the submittal drawings.
03.01.00 General
03.01.01 Function – The ARS is used for screening stormwater runoff including dry weather flows. The ARS is a water screening system designed to separate solid debris typically found in runoff.
03.01.02 Automatic Retractable Screen - The ARS is composed of a series of flow control blades extending downward from the pivot support rod which extends across the top portion of the curb opening. The blades pivot independently of one another yet are interconnected by a connection cable or spring. The connection cable attaches to each blade via an aperture that is mounted to the back of the blade in a slide grove so it can move up and down. The blades work together like baleen to allow runoff to pass into the basin where needed while staying closed and preventing trash and debris from passing through.
03.01.03 Removal Efficiencies - The ARS’s screening system must be capable of capturing 93% of all materials (trash and debris) during rain events based on independent field analysis performed by a municipality. In the closed position it should be cable of capturing 100% of all materials greater than the size of the screen openings.
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Storm Water Inlet Screen Page 3 of 4
PART 4 - EXECUTION
04.01.00 General
The installation of the ARS shall conform to all applicable national, state, state highway, municipal and local specifications.
04.02.00 Installation
The contractor shall furnish all labor, equipment, materials and incidentals required to install the (ARS) device(s) and appurtenances in accordance with the drawings, installation manual, and these specifications. Any damage to catch basin and surrounding infrastructure caused by the installation of the ARS is the responsibility of the installation contractor.
04.02.01 Assembly - ARS shall be fully assembled prior to installation. To assemble ARS, attach screen section to side plates and mounting brackets with supplied hardware.
04.02.02 Mounting Anchors - After ARS is completely assembled per section 04.02.01 attach mounting brackets to inside of curb inlet using mounting hardware supplied by manufacturer per section 02.01.05. To install mounting anchors, a pilot hole must be drilled into curb face a minimum 1-3/4" to a maximum of 2".
The anchor shall then be inserted into pilot hole and properly set using a hammer or specially designed driver.
04.03.00 Shipping, Storage and Handling
04.03.01 Shipping – The ARS unit(s) shall be shipped to the contractor’s address or job site. The contractor is responsible for off-loading and placing the units(s) in the exact site of installation.
04.03.02 Storage and Handling – The contractor shall exercise care in the storage and handling of the ARS and all components prior to and during installation. Any repair or replacement costs associated with events occurring after delivery is accepted and unloading has commenced shall be born by the contractor. The ARS(s) and all components shall always be stored indoors and transported inside the original shipping container until the unit(s) are ready to be installed.
The ARS shall always be handled with caution according to contractor’s workplace safety professional recommendations.
04.04.00 Maintenance and Inspection
04.04.01 Inspection – After installation, the contractor shall demonstrate that the ARS has been properly installed at the correct location(s), elevations, and with appropriate components. All components associated with the ARS and its installation shall be subject to inspection by the engineer at the place of installation. In addition, the contractor shall demonstrate that the ARS has been installed per the manufacturer’s specifications and recommendations.
All components shall be inspected by a qualified professional at least once a year and results of inspection shall be kept in an inspection log.
04.04.02 Maintenance – The manufacturer recommends cleaning and debris removal as needed. The maintenance shall be performed by a qualified professional.
A maintenance manual is available upon request from the manufacturer. The manual has detailed information regarding the maintenance of the ARS. A maintenance/inspection record shall be kept by the maintenance operator. 408
Storm Water Inlet Screen Page 4 of 4
The record shall include any maintenance activities performed, amount and description of debris collected, and the condition of the ARS.
04.04.03 Material Disposal – All debris, trash, organics, and sediments captured by the ARS shall be transported and disposed of at an approved facility for disposal site in accordance with local and state requirements. Please refer to state and local regulations for the proper disposal of toxic and non-toxic materials.
PART 5 – QUALITY ASSURANCE
05.01.00 Warranty
The manufacturer shall guarantee the ARS against all manufacturing defects in materials and workmanship for a period of (1) year from the date of delivery to the customer. The manufacturer shall be notified of repair or replacement issues in writing within the warranty period. The ARS is limited to the recommended application for which it was designed.
05.02.00 Performance Certification
The ARS manufacturer shall submit to the Engineer of Record a “Manufacturer’s Performance Certificate” certifying the ARS is capable of achieving the specified flow rate. Devices without these performance certifications will not be accepted.
END OF SECTION
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Bio Clean ARS
A Stormwater Trash Capture Solution
INSTALLATION MANUAL
5796 Armada Drive Suite 250 | Carlsbad, CA 92008 | 855.566.3938 [email protected] | biocleanenvironmental.com 410 1 | Page
INSTALLATION
The Bio Clean ARS requires minimal time and tools for installation. The system is especially designed to be the easiest system on the market in install. Generally, the system can be installed into the basin from the curb opening. The end mounting brackets are adjustable and require only one wedge anchor per side. The center mount is pressure fitted to the top and bottom of the curb opening with now need to drill into the concrete.
It is recommended that the catch basin be cleaned during time of install as the install can be used as opportunity to do so. Also, this will allow the client to accurately observe the effectiveness of the Bio Clean ARS from preventing trash and debris from entering the basin.
Requirements:
The contractor shall furnish all labor, equipment, materials, and incidentals required to install the ARS and appurtenances in accordance with the contract documents. Any damage to the existing drainage structure (retrofit applications) or surrounding infrastructure that may need to be repaired to allow for proper installation of the ARS shall be considered incidental and to be paid for at no cost to the client. Bio Clean does offer installation services in certain areas. Please contact Bio Clean for more information on pre-authorized 3rd party contractors that can provide install service in your area.
The manufacturer of the Bio Clean ARS does provide a warranty against defects in materials and workmanship for a period of 3 years from the date of acceptance by the Engineer. The Bio Clean ARS also carries a 2-year warranty on installation.
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Components:
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Tools:
• Marker – Sharpie
• Tape Measure
• Square – Straight Edge
• Grinder – Cut off blade
• Hammer (recommend 2lbs sledge hammer)
• Level 24”
• RotoHammer w/ 3/8” x 6” concrete bit
• 9/16 wrench
• Impact Drill with 9/16 socket (not required)
Hardware:
• 3/8” x 2 ¾” Wedge Anchors
• 3/8” x 1 ½” Nuts & Bolt, Washers
• Tringle Mounting Bracket
• Slotted “L” Bracket
Installation:
1. Before cutting the child safety bar, you must slide the ARS unit into the drain opening for a test fit. If the unit slides in, pull the units back out and cut the child safety bars off if necessary. Do not cut the vertical support bars off.
2. Set the ARS unit(s) in front of the drain numerically from left to right.
3. Verify that the end brackets fit into the catch basin correctly. If they do not fit, modify the bracket keeping in mind of the bracket holes that need be used to secure the swiveling bracket.
4. Remove swiveling bracket from back of unit and place into each end section making sure that the bracket leaves 1”-1.5” of clearance for the final ARS installation. Mark the bracket final location making sure the bracket sits at desired vertical angle in the basin. Please not that these can be angled differently dependent on type of catch basin to make sure optimal trash capture.
5. Hammer drill the marked holes and secure in the swiveling bracket into the wall.
6. Remove tensioner spring from back of the unit and slide bracket off of top support bar.
Secure bracket into one side of curb using the hex bolts and hex wrench for that particular size.
7. Slide support bar back into bracket and verify that unit fits into basin correctly. Remove Swiveling bracket from unsecured side and repeat steps 4 and 5 securing the swiveling bracket to the inner wall of the catch basin. ****Please note this step will be different if multiple units are strung together. Please refer to 3 steps for multiple units**** 413
4 | Page
a. Loosen tension bracket so that it can be easily adjusted. b. Verify length of first unit and slide into place the tension bracket that is included so that front bracket holes line up with the first section of holes on the tension bracket. c. Add structural caulking adhesive onto the tensioner bracket so that bracket stays in place and tighten the unit to fit the catch basin walls d. Attach front bracket hex screws to the tension bracket and repeat steps to fully install the complete basin
8. If unit is too long for the catch basin, remove the unsecured bracket from the support rod leaving the curb blades and support rod in the catch basin.
9. Measure the amount that is needed to be removed from the top support bar. Pull off necessary amount of blades to have a clear cut onto the support bar. Cut the top support bar to fit the new sized catch basin and replace the necessary amount of blades to make a seamless front ARS unit.
10. Dethread the retaining pin and cut the spring to the desired amount and tension. Rethread the retaining pin screw and secure tension spring to the back of the unit.
11. Place front bracket onto swiveling bracket and secure using hex wrench.
12. Verify that each blade moves independently and that the desired tension is in the spring.
13. If there is a need to add or remove tension to the system, adjust lateral tension screws on the front bracket to make the unit have more or less tension into the system.
For Installation Support
Please Contact Us At:
760-433-7640
[email protected]
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Bio Clean ARS
A Stormwater Trash Capture Solution
A Forterra Company
OPERATION & MAINTENANCE
MANUAL
5796 Armada Drive Suite 250 | Carlsbad, CA 92008 | 855.566.3938 [email protected] | biocleanenvironmental.com 415 1 | P a g e
MAINTENANCE
The Bio Clean ARS requires minimal preventative maintenance. Regular street sweeping will prevent debris from building up in front of the unit thereby obstructing storm water from entering the catch basin curb opening. The Bio Clean ARS is specially designed with flow control blades that will open during larger rain events to prevent flooding regardless of trash build up in front of the unit.
Pressure-washing the unit may be necessary if street sweeping is unavailable.
Yearly Maintenance Schedule:
Inspections consist of visually inspecting the unit from street level and performing an openingclosing function check.
Visual Inspection:
1. Built-up debris and foreign object debris can hinder the unit’s operation. Remove any visible debris that may be on, in front of, and nearby the unit.
2. Look for any visible signs of vandalism or damage that may compromise the unit’s ability to properly function. Attempted vandalism and slight damage should be inspected closely to ensure no future damage may result.
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Opening-Closing Function Check:
1. Manually push on the blades at the bottom from the front of the catch basin. Perform this at the center and at each end of the device Please ensure all appropriate traffic control has been set up and all appropriate safety procedures are followed based on local and state regulations, if required.
2. Observe if the tension is appropriate on the blades and that the return to the close position. Note if any or all of the blades to not return to the close position.
3. Observe if the blades which are interconnecting work together. The blade being pushed on should open the most and the adjacent blades should open slight less in an outward pattern as shown below. Please note if any blades are moving or not moving outside of this pattern.
5. Check to see if the tensioner and cable/spring is properly connected behind each blade. Note any issues related to the cable/spring not being connected.
Blades Maintenance/Adjustment/Replacement:
1. Verify which Blade is damaged and plan which faceplate is easiest and most efficient to remove.
2. Remove Faceplate from brackets and remove tension spring from back of unit.
3. Slide each blade off until damaged blade has been reached. Replace damaged blade or blades.
4. Feed tensioner spring through all the back clips and attach faceplate to top bar.
5. Secure tensioner spring on back of unit and secure faceplate to mounted bracket
LA-ARS Locking Screen: Torsion Spring and Adjustment Knob System Maintenance
1. Verify unit does not have damage blades and working properly
2. Check the status of the locking system making sure the system can tighten by first releasing the unit by pressing on the releases on each side of the unit. If unit releases, proceed to next step
3. Check the status of the tension knob by clicking it tighter to make sure the unit tightens with each click of the tightening knob. If unit tightens, maintenance is complete.
4. If unit does not tighten or release, remove faceplates from bracket and remove torsion spring system. Both Torsion Spring and Adjustment knob units will need to be replaced.
5. Screw new torsion spring and adjustment knob system into place and place metal wire into plastic holding system on back of each blade.
6. Test unit by tightening and releasing the locking system. If unit is working properly, reinstall unit.
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Replacement Schedule:
All components on the on the Bio Clean ARS are made from 304 or 316 stainless steel parts with the exception of the flow control blades which are made of structural polymer. Replacement of individual blades is quick and easy. If during maintenance inspection it is observed the unit is damaged or vandalized to the point at which the opening-closing function is not operating correctly, the unit should be repaired. Bio Clean Environmental should be notified if a replacement parts or repair work is needed.
For Maintenance Services
Please Contact Us At:
760-433-7640
[email protected]
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1824 Agenda Date: 11/9/2022
Agenda #: N. Category: Consent Calendar
FROM:
Police Department
SUBJECT:
Approve Sole Source Purchase of Quick Deploy Cameras and Multi-year subscription RECOMMENDATION:
1. Approve the sole source purchase of the L6Q Quick Deploy Cameras in the amount of $156,831.
Cameras to be utilized at various locations throughout the City of Fontana.
2. Authorize the Chief of Police or his assigned designee to sign the Enterprise Service Agreement and Contract Terms Acknowledgement.
3. Authorize the Purchasing Department to issue purchase orders as funding becomes available to the Police Department’s current vendor, Vigilant Solutions, for the purchase and installation of the L6Q Quick Deploy Camera systems from the General Fund #101 or other fund sources.
4. Approve an increase in appropriations in the total amount of $156,831 in the General Fund 101 in the Mid-Year Budget Report.
COUNCIL GOALS:
· Improve public safety by increasing operational efficiency, visibility and availability. · Improve public safety by utilizing other city programs to help reduce crime. · Operate in a businesslike manner by improving services through the effective use of technology.
DISCUSSION:
The City of Fontana began using a web-based license plate reader (LPR) system subscription and hardware from Vigilant Solutions in the 2013/2014 fiscal year. The Department wishes to continue with the Vigilant products as continued integration and compatibility is important to keep efficiency up and costs down. Several cameras are hard mounted on vehicles, trailers, and/or traffic poles throughout the City of Fontana. Vigilant now offers the L6Q Quick Deploy Camera (Solar Kit) hardware and subscription. This purchase is considered a sole source purchase per Purchasing Policy Section 14.6 Sole Source/Non-Competitive Negotiations and Proprietary Purchases due to compatibility being the overriding consideration.
These new cameras can be mounted without utilizing electricity reducing the cost to install them.
Another positive aspect to consider is the mobility of placement for the cameras. The L6Q Quick Deploy Camera will be used at intersections where there is less traffic, speed limits are less than 40 mph, and have less than four lanes of traffic. It is not the intent to continually move the cameras, but City of Fontana Page 1 of 2 Printed on 11/3/2022
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File #: 21-1824 Agenda Date: 11/9/2022
Agenda #: N. Category: Consent Calendar
mph, and have less than four lanes of traffic. It is not the intent to continually move the cameras, but is an option if crime occurs in a location not around the current LPR systems.
Information from the L6Q Quick Deploy Camera subscription will assist with stolen vehicles, lost or stolen plates, and vehicles used in other crimes. The subscription also includes a continued use of LEARN and Client Portal analytic and management tools. The Department will request quarterly budget adjustments and/or annual operating budget adjustments as funding for future L6Q Quick Deploy Cameras becomes available.
FISCAL IMPACT:
Funding is requested from General Fund (101) for the purchase, and warranty & service agreement for ten (10) L6Q Quick Deploy Cameras in the amount of $156,831. Appropriate budget forms will be submitted with the Mid-Year Budget Report. Approval for future purchases and all recurring costs will be requested with quarterly budget adjustments and/or annual operating budget adjustments.
MOTION:
Approve staff recommendation.
City of Fontana Page 2 of 2 Printed on 11/3/2022
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Quote for:
Fontana Police Department
Attn:
Michael Dorsey
Reference:
L6Q
Quote By:
Steve Bowles
Date:
09-30-22
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Vigilant Solutions is about protecting officers, families and communities. Vigilant is about saving lives – creating innovative and essential intelligence solutions for law enforcement that enhance policing efforts. Intelligence can solve crimes, prevent crimes before they occur, and improve safety for officers and the public that they serve and protect. Vigilant’s solutions are designed to collect, organize and share data to credentialed law enforcement personnel, making intelligence actionable and readily accessible.
WHAT WE DO:
OUR PRODUCTS:
● License Plate Recognition (LPR) Data and Analytics
● Fixed and Mobile LPR Cameras
● Body Worn Cameras
● Facial Recognition
● Campus Safety Solutions
● Parking Enforcement Solutions
● Corporate Security Solutions
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Vigilant Solutions, LLC
P.O Box 841001
Dallas, Texas 75202
(P) 925-398-2079 (F) 925-398-2113
Issued To: Fontana Police Department - Attention: Michael Dorsey Date: 09-30-22 Project Name: L6Q Quote ID: SJB-0017-01
PROJECT QUOTATION
We at Vigilant Solutions, LLC are pleased to quote the following systems for the above referenced project:
Qty Item # Description
(10) VSFS-L6Q-S-SUB L6Q Quick Deploy Camera (Solar Kit) Subscription Offer Includes:
● One (1) L6Q camera with two (2) Lex-11 high capacity internal batteries ● Solar Kit (40W solar panel, mounting bracket, charge controller, 12 Ah battery, Cable with M12 power connector)
● Camera mounting bracket
● USB-C cable and USB-C to USB-A adapter, Micro SD card, SIM card with cellular service
● Requirements
o Hosted LPR account for data storage, alerting, analytics and more o 5-year Enterprise Service Agreement
● Subscription Info:
o Annual Subscription w/ Warranty & Software Service included o Pricing only valid through December 31, 2022
Optional, Sold Separately:
● 12VDC Power Pigtail
● 120V AC power supply
(40) Prepaid-L6Q-S Annual Prepaid Subscription - 1 L6Q camera via 1 Year ● Continued cellular service
● 12-month hardware warranty coverage
● 12 months of data hosting of customer generated LPR records per the agency-defined retention policy
● Continued use of LEARN or Client Portal analytic and management tools (10) L6Q-REPPLAN L6Q Annual Replacement Plan
● Annual L6Q replacement plan covers loss due to theft, vandalism, and or natural disasters only. 1 L6Q annual replacement included $499 for any additional camera replacements. The replacement plan is per camera.
(1) VS-TRVL-01 Vigilant Travel via Client Site Visit
● Vigilant certified technician to visit client site
● Includes all travel costs for onsite support services
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(10) VS-SHP-02 Vigilant Shipping Charges - Fixed or Comms ● Applies to each fixed camera LPR System
● Or Communication Box Purchased without LPR System
● Shipping Method is FOB Shipping
Subtotal Price (Excluding sales tax) $145,550.00
Quote Notes:
1. All prices are quoted in USD and will remain firm and in effect for 60 days.
2. Returns or exchanges will incur a 15% restocking fee.
3. Orders requiring immediate shipment may be subject to a 15% QuickShip fee.
4. No permits, start-up, installation, and or service included in this proposal unless explicitly stated above.
5. All hardware components to have standard One (1) year hardware warranty.
6. All software to have standard one (1) year warranty for manufacturer defects.
7. Compatibility with Vigilant Solutions hardware/software to be confirmed prior to sale.
8. Software is manufactured under strict Vigilant Solutions standard.
9. Compliance to local codes neither guaranteed nor implied.
10. This Quote is provided per our conversation & details given by you - not in accordance to any written specification.
11. L6Q LPR Cameras are Pre-Order Only. First Shipments are Expected Late Q2 2022.
12. Motorola's Master Customer Agreement and all applicable addenda, available at https://www.motorolasolutions.com/en_us/about/legal.html shall govern the products and services, and is incorporated herein by this reference.
13. This is an information only quote for Captain Dorsey. Tax is not included nor any additional materials such as poles (if needed). A more detailed quote can be provided when ready to move forward.
Quoted by: Steve Bowles - 949-438-0009 - [email protected] Total Price $145,550.00 (Excluding sales tax)
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1825 Agenda Date: 11/9/2022
Agenda #: O. Category: Consent Calendar
FROM:
Police Department
SUBJECT:
Approve the Sole Source Purchase of Downlink RX Site and Mapping System RECOMMENDATION:
1. Approve and authorize the City Manager to purchase and execute all necessary contract documents for the Downlink RX Site and Mapping System as a sole source purchase in the amount of $590,479.43.
2. Approve an increase in appropriations in the total amount of $590,479.43 in the State Citizens’ Option for Public Safety Fund 322 ($190,894) and the General Fund 101 ($399,585.43) in the MidYear Budget Report.
COUNCIL GOALS:
· Improve public safety by increasing operational efficiency, visibility and availability. · Operate in a businesslike manner by improving services through the effective use of technology.
· Practice sound fiscal management by pursing grant opportunities.
DISCUSSION:
The Police Department is currently finishing the project for the purchase of the Astar Helicopter AS350B2. The Helicopter came equipped with the sending portion of Downlink. Downlink creates the ability to turn the camera affixed to the aircraft into a live feed to a receiving site. Currently the City of Fontana does not have a capable receiving site. The Downlink and computer system currently on the aircraft is approximately 9 years old. The technology has advanced significantly, and serviceability is not guaranteed further than a few years from the current date. This purchase is considered a sole source purchase per Purchasing Policy Section 14.6 Sole Source/Non-Competitive Negotiations and Proprietary Purchases, due to compatibility being the overriding consideration and the purchase is proprietary in nature. The Downlink will greatly enhance the ability of supervision as live feed can be sent directly to said supervision during high profile events, allowing strategic planning, evacuations of civilians, and direct live feed to the EOC during times of emergencies.
The Police Department will be the location of the receiving site, as an antenna and receiving component are needed for hard wire receiving, as well as creating a cloud receiving site that can be viewed by numerous users as deemed necessary, by the Chief of Police. As we have researched the software and equipment needed for the receiver site, it was determined that upgrading the Downlink on the aircraft at the same time would increase the capabilities and serviceability far into the future.
This includes the ability for real time street overlays, speeds, and arial positioning. The upgraded City of Fontana Page 1 of 2 Printed on 11/2/2022
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File #: 21-1825 Agenda Date: 11/9/2022
Agenda #: O. Category: Consent Calendar
This includes the ability for real time street overlays, speeds, and arial positioning. The upgraded features would also include RMS/CAD overlays giving the flight crew the immediate ability to see call status as it changes, as well as pending calls for service increasing the efficiency and freeing up additional patrol units for other calls for service.
Additionally, during the installation, an LTE switch will be affixed to the airship allowing for remote diagnostics of on-board equipment including all computers, cameras, lights, Downlinks for remote diagnosis and in most instances, repair. This will greatly enhance the serviceability of the components on board the aircraft and drastically reduce the aircrafts down time for diagnostics, shipment of parts, and repair.
The ships current antenna will also receive a rebuild with current upgraded equipment increasing the range of the aircraft during receipt of RMS information and transmission of Downlink video feed to the ground or cloud.
Although this project can be completed in phases, it is highly recommended to complete the project all at one time. Each equipment modification to the aircraft requires opening of the air frame. This includes removing parts and the need for inspections to remain in compliance with the FAA for air worthiness. By completing this all at the same time, we would be able to maximize the time spent in the 12-year overhaul and the ship taken down to install the new computers and Downlink. This would ensure the aircraft was opened and inspected one time versus the three times needed if done in stages. The amount of cost savings completing the tasks at once is well more than $200,000.00.
All work will be provided by CNC Technologies and Hangar 1. Total cost of the project will be $590,479.43.
FISCAL IMPACT:
The fiscal impact associated with the approval of this item is $590,479.43 and is proposed to be funded from the General Fund (Fund 101, $399,585.43) and State COPS (Fund 322, $190,894) and will be requested in the Mid-Year Budget Report.
MOTION:
Approve staff recommendation.
City of Fontana Page 2 of 2 Printed on 11/2/2022
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H125 Aircraft System Upgrade - ARS Mapping System and Troll Downlink Mapping System
Additional Required Accessories
Airborne Mini2 6.5GHz DL System
638 Lindero Canyon Rd.
Oak Park, CA 91377
Suite 385
FPD
CNC Technologies, LLC
FPD
BMU 50% DOWN, 35% EQUIPMENT DELIVERY, 15% FINAL
QUOTE
QUOTE NO. FPD001594 Rev B
DATE 10/20/2022
DUE DATE
DATE
DELIVERY
SALES
PAYMENT
JOB
METHOD
SHIPPING SHIPPING
TERMS TERMS
ITEM# QTY DESCRIPTION UNIT PRICE LINE TOTAL
Downlink RX Site + CNC.Live & H125 Mission Suite Upgrade Combined Project Proposal Year 2 Service, Support and Training Included in Total
12/21/2022
TO:
CUSTOMER ID
EXPIRATION DATE
Attn: Sgt Chris Tusant
17005 Upland Ave
Fontana, CA 92335
Printed by: logistictsmro, inc. (copyright 2022)
1 ARS-750
1 $ 125,400.00 $ 125,400.00
ARS-750 Augmented Reality Mapping System (ATOM) Mission Computer for use with Wescam MX-10
> Includes CONN-ATOM, Mating Connector Kit
2 NVIS-KEYBOARD1 $ 2,200.00 $ 2,200.00
> Rack Mount
3 LTE/WiFi Router - 5 ports, 4G/3G
1 > Note: Requires Customer supplied sim cards. Recommend two (2) with $ 4,500.00 $ 4,500.00 two (2) different carriers per aircraft
4 2 Antcom 3G/4G Aviation External Antenna $ 1,200.00 $ 2,400.00 5 SkyLink LinkBox2 Transmitter
1 $ 61,226.00 $ 61,226.00
6.4/6.5 GHz Transmitter System with Antenna Control
> Band: C
> Frequency: 6400 - 6500 MHz
> Power: 8W linear
> Video Inputs: - (SD/HD) SDI - Ethernet
> Power Outputs:- Two (2) 28 VDC Switches- Three (3) 12 VDC Switches - 100 Watt max power
> Five (5) external Ethernet ports
> Includes Mounting Tray
6 SKYLINK MINI 2
1 $ 19,965.00 $ 19,965.00
SkyLink MINI II, high performance directional antenna with Internal INS > Stand-alone Antenna with built-in servo drive
- May be controlled from C90/100 or customer supplied control system (not included)
> Small and light weight
> Internal INS
> Frequency: 4.9 and 6.5 GHz
> Az/El control
> Includes slip rings
> SkyLink MINI Coupler Assembly, with Downlook Antennas > In-line 6 dB Coupler
> Two (2) Integrated Downlook Antennas for 4.9 and 6.5 GHz > 75/25 split (HG/DL)
441
Project Engineering Management & Support - Aircraft
Downlink RX Site + CNC.Live
Fixed Diversity Antenna Receive Site
Printed by: logistictsmro, inc. (copyright 2022) Page 2 of 4 > One (1) circulator
> NOTE THIS LINE ITEM IS PRICED TO UPGRADE THE EXISTING MINI1 ANTENNA TO THE MINI2 AND IS SUBJECT TO CHANGE
BASED ON EVALUATION OF THE SYSTEM
> PRICE OF A NEW UNIT FOR REFERENCE: $58,850
7 LinkBox2 and Mini2 or S Installation Connector Kit
1 $ 2,662.00 $ 2,662.00
> Connectors for
- Power and Comms from LinkBox to Mini
- Power to LinkBox
- Auxiliary and Ethernet
- Audio and HDMI
> Cable termination instructions
8 1 TS LinkBox and SkyLink Antenna Control Software $ 3,327.50 $ 3,327.50 9 1 Remote Interface Protocol Driver and Software $ 6,655.00 $ 6,655.00 10 GPS Antenna and Cable for C100 or Antenna Pod1 $ 2,200.00 $ 2,200.00 > 20 ft.
11 Aircraft Installation, Project Engineering Management and Support 1 $ 135,000.00 $ 135,000.00
> Complete System Design
> Full AMS Drawing Package
> Engineering Suppor
> Installation Support
> AMS System Training
> Final System Commission
> System Support - 1 Year (See Below)
Installation Notes:
Remove existing LE5000 Aerocomputer from pilot side baggage Remove existing Troll C100 from center console
Remove both IMT Skylink transmitter and amp from rear baggage Install ARS 750 in center console where existing Troll C100 is Install Linkbox 2 (rear baggage or pilot side baggage)
Rewire gps antenna run from C100 to Troll Mini 2
Install MP70 Router w/ 2x Antcom Antennas
Ethernet wiring for all systems
All items wired to existing monitors/camera etc.
All airworthiness certs etc.
12 A6 Diversity Panel Antenna System w/BDCs & Filters
1 $ 47,500.00 $ 47,500.00
A6 Diversity Panel Antenna System with BDC's
> Small, light weight panel antenna system
> Six (6) medium gain panel antennas
- Frequency: 6.4 GHz to 6.5 GHz
- Gain: 15 dBi
> Six (6) Troll Downlink,
6.5 GHz Block Down Converters
- Frequency: 6415 MHz - 6535 MHz
- LO: 6220 MHz, 33 dB Gain
- Output: 195-315MHz
> Six (6) Band Pass Filters (6415-6545 MHz)
> Fully enclosed system
13 RG6 RF Cable
1800 > $1.80 per foot - Six (6) cables x 300 feet each $ 1.80 $ 3,240.00 - 1,800 feet total
14 Upgrade Kit, Lightning Diverter, with Rack Mount Panel 1 $ 5,670.00 $ 5,670.00
Upgrade Kit, Lightning Diverter, with Rack Mount Panel
> For base of Diversity Antenna: Six (6) gas-discharge lightening protectors with mounting hardware
> For base of Cable Run: Six (6) gas-discharge lightening protectors with mounting panel
> Recommendation: Install all 12 lightening protectors to provide protection for both the antenna and receiver
15 RG6 Cable Connectors and Termination & Test
6 > RG6 cable termination only $ 750.00 $ 4,500.00
- Includes TNC to BNC and spare BNC connector
16 TNC Connector Kit
12 TNC Connector Kit, One (1) Piece $ 65.00 $ 780.00
> 12 Total Required
17 Diversity Multimedia Receiver and IP Decoder1 $ 35,700.00 $ 35,700.00 Diversity Multimedia Receiver and IP Decoder with B-Crypt Decryption 442 CNC.Live
Printed by: logistictsmro, inc. (copyright 2022) Page 3 of 4 and Echo Transport Stream.
Includes:
> Receiver/Controller in one housing
> 8 Channel Diversity Rx
> Maximum ratio combining, DVB-T demodulator
> ASI output and UDP streaming over IP
> Internal power supplies with independent switching for external BDC’s
> Front panel local control or remote control via serial, Ethernet or dial-up
> 50 MHz to 7 GHz, with correlating down converters (sold separately) > Output Resolution: Up to 1080P (user selectable)
> Output Type: HDMI and simultaneous Composite (RCA Video, Audio) (Composite is downconverted from HDMI)
> Supports full decryption – B-Crypt decryption
> Echo transport stream – user can specify secondary IP to echo incoming stream (used with direct receiver connections) - Echo with B-Crypt
- Echo clear
- Echo uni-cast or multicast
18 Stand-Alone IP Decoder with B-Crypt Decryption and Echo Transport Stream
3$ 3,850.00$ 11,550.00
Stand-Alone IP Decoder with B-Crypt Decryption and Echo Transport Stream
> Output Resolution: Up to 1080P (user selectable)
> Output Type: HDMI and simultaneous Composite (RCA Video, Audio) (Composite is downconverted from HDMI)
> Input: Ethernet
> Control: IR remote (included with external IR detector for remote mounting)
- Optional USB keyboard, not included
> Supports full decryption – managed from VNS (server side, managed as “user” by server)
- B-Crypt decryption (direct connection to receiver)
> Echo transport stream – user can specify secondary IP to echo incoming stream (used with direct receiver connections) - Echo with B-Crypt
- Echo clear
- Echo uni-cast or multicast
> Full support for CP-TAS-4000 (Troll Archive Server, required, sold separately)
- Pause, FF, RW – Play archives
19 Remote Power Distribution Unit (PDU)
1$ 750.00$ 750.00
> Allows for remote power management of server systems
20 CNC-Live Mobile gateway - Single Site
1$ 18,500.00$ 18,500.00
Single site gateway, with transcoding, Custom Customer SW. > Requires broadband internet connection
> Provides direct connection to receive equiptment over LTE for remote troubleshooting and repairs when needed
> Customer SIM required for LTE
21 CNC.Live One-time Installation
1$ 16,500.00$ 16,500.00
CNC.Live One-time Installation
> Installation and setup of new CNC.Live service
- Setup applies to new activations and/or reactivation after twelve (12) months of lapsed service
22 CNC.Live Yearly Subscription (1 Year)
1$ 23,250.00$ 23,250.00
CNC.Live Yearly Subscription (1 Year)
> Supports 250 users
- Additional users can be activated on a monthly basis for an additional charge
> HTTPS security on all streams
> Supports iOS, Android, Windows, Linux
> Supports multiple resolutions / quality
> Supports G3, LTE, WiFi connections
> Administrator management of access privileges:
- User
- Time of day - Events
- Groups
> Includes 1TB of user outbound data per month (20 continuous users, @ 1Mbps, 4 hours a day, 30 days a month)
- Additional data can be purchased on a monthly basis in 1TB increments, for an additional charge
> This service allows for 16 Maximum Video Inputs and 4 Maximum 443
Ground Receive Site Installation, Project Engineering Management, Training & Support:
6.4 GHz Frequency Licensing
Extended 24/7 Service, Support & Training
Shipping
Discount
Notes
TOTAL
$ 548,008.75
Printed by: logistictsmro, inc. (copyright 2022)
Simultaneous Outbound Streams. Additional Video Inputs and Simultaneous Outbound Streams would require an extended service plan > Yearly subscription valid for twelve (12) months from activation date - Annual renewal required (every 12 months)
23 Ground Receive Site Installation, Project Engineering Management and Support
1 $ 32,175.00 $ 32,175.00
>Engineering Support
>Compete System Drawing Package
>Installation of all included GRS equipment (Building)
>Final System Commission by CNC Technologies
>System Support - 1 Year (see below)
24 6.4 GHz Statewide License
1 $ 4,000.00 $ 4,000.00
Includes:
> Analysis of frequency usage statewide
> Preparation and Submission of applicaiton; 5 Year term 25 EXTENDED 24/7 SERVICE, SUPPORT
1 AND TRAINING INCLUDED
> Oversight and coordination of Aircraft System Upgrade and Fixed Receive Site Installation
> 24/7/365 live technical support
> Unlimited service calls with a tech on-site within 3 business days of repair request.
> On-site system and operational training for agency personnel. > Comprehensive and ongoing training to operate mission suite solution with maximum ease and efficiency.
> Training courses are done at CUSTOMER facility with CUSTOMER equipment and offer a hands-on learning experience that includes an in-depth review of all equipment, system functionality, user interface, and routine maintenance procedures.
> Valid transfers of OEM existing and new warranties to successful bidder for coverage plus expedited factory service from OEMs > All parts and labor to repair or replace defective components covered by warranty.
> Technical and operational consultation services for Local, State and Federal agencies.
26 1 Year 1 Included Included
27 1 Year 2 $ 15,785.00 $ 15,785.00
28 SHIPPING
1 $ 2,000.00 $ 2,000.00
> Estimated
29 Discount
1 (39,426.75) (39,426.75)
> Combined Project Discount
- 5% off Aircraft Systems = $18,316.75
- 10% off RX + CNC.Live Systems = $21,110.00
> Total Discount = $39,426.75
> Total Discount % 6.8
30 NOTES
1 This qoute does not include CA Sales Tax
RX Site Notes:
> This quote includes Installation
> Customer is responsible for providing Broadband Internet Connection > Broadband Internet Conneciton with low jitter and at least 8 MB/s per stream, 16 MB/s Total if optional receiver is purchased, required for optimal performance
Aircraft Notes:
> This quote includes Installation. Installaiton to be completed at Hangar One facilities in Carlsbad, San Diego
> Service and support will cover all new items. CNC Technologies will manage repairs to out of warranty items at cost plus 7.5% 444
DISCLOSURE REGARDING
REAL ESTATE AGENCY RELATIONSHIP
(As required by the Civil Code)
(C.A.R. Form AD, Revised 12/21)
(If checked) This form is being provided in connection with a transaction for a leasehold interest exceeding one year as per Civil Code section 2079.13(j), (k), and (l).
When you enter into a discussion with a real estate agent regarding a real estate transaction, you should from the outset understand what type of agency relationship or representation you wish to have with the agent in the transaction.
SELLER'S AGENT
A Seller's agent under a listing agreement with the Seller acts as the agent for the Seller only. A Seller's agent or a subagent of that agent has the following affirmative obligations:
To the Seller: A Fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Seller.
To the Buyer and the Seller:
(a) Diligent exercise of reasonable skill and care in performance of the agent's duties. (b) A duty of honest and fair dealing and good faith.
(c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above.
BUYER'S AGENT
A Buyer's agent can, with a Buyer's consent, agree to act as agent for the Buyer only. In these situations, the agent is not the Seller's agent, even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Seller. An agent acting only for a Buyer has the following affirmative obligations:
To the Buyer: A fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Buyer.
To the Buyer and the Seller:
(a) Diligent exercise of reasonable skill and care in performance of the agent's duties. (b) A duty of honest and fair dealing and good faith.
(c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above.
AGENT REPRESENTING BOTH SELLER AND BUYER
A real estate agent, either acting directly or through one or more salespersons and broker associates, can legally be the agent of both the Seller and the Buyer in a transaction, but only with the knowledge and consent of both the Seller and the Buyer.
In a dual agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer:
(a) A fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings with either the Seller or the Buyer. (b) Other duties to the Seller and the Buyer as stated above in their respective sections.
In representing both Seller and Buyer, a dual agent may not, without the express permission of the respective party, disclose to the other party confidential information, including, but not limited to, facts relating to either the Buyer's or Seller's financial position, motivations, bargaining position, or other personal information that may impact price, including the Seller's willingness to accept a price less than the listing price or the Buyer's willingness to pay a price greater than the price offered.
SELLER AND BUYER RESPONSIBILITIES
Either the purchase agreement or a separate document will contain a confirmation of which agent is representing you and whether that agent is representing you exclusively in the transaction or acting as a dual agent. Please pay attention to that confirmation to make sure it accurately reflects your understanding of your agent's role.
The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect his or her own interests. You should carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate agent is a person qualified to advise about real estate. If legal or tax advice is desired, consult a competent professional.
If you are a Buyer, you have the duty to exercise reasonable care to protect yourself, including as to those facts about the property which are known to you or within your diligent attention and observation.
Both Sellers and Buyers should strongly consider obtaining tax advice from a competent professional because the federal and state tax consequences of a transaction can be complex and subject to change.
Throughout your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting in the transaction. The law requires each agent with whom you have more than a casual relationship to present you with this disclosure form. You should read its contents each time it is presented to you, considering the relationship between you and the real estate agent in your specific transaction. This disclosure form includes the provisions of Sections 2079.13 to 2079.24, inclusive, of the Civil Code set forth on page 2. Read it carefully. I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS DISCLOSURE AND THE PORTIONS OF THE CIVIL CODE PRINTED ON THE SECOND PAGE.
Buyer Seller Landlord Tenant Date
Buyer Seller Landlord Tenant Date
Agent DRE Lic. #
Real Estate Broker (Firm)
By DRE Lic. # Date
(Salesperson or Broker-Associate, if any)
© 2021, California Association of REALTORS®, Inc.
AD REVISED 12/21 (PAGE 1 OF 2)
DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (AD PAGE 1 OF 2) Phone: Fax:
Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com X Gerardo Herrera
Sierra Realty Fontana, Inc. 02038519
Ken Galasso 00570875
Sierra Realty, 9410 Sierra Ave. Fontana CA 92335 909.822.1200 909.822.0324 Takay and Ken Galasso
Authentisign ID: FCE27B09-6AAF-4A62-BD77-EC45975042FA
44563
CIVIL CODE SECTIONS 2079.13 ‒ 2079.24 (2079.16 APPEARS ON THE FRONT) 2079.13. As used in Sections 2079.7 and 2079.14 to 2079.24, inclusive, the following terms have the following meanings:
(a) “Agent” means a person acting under provisions of Title 9 (commencing with Section 2295) in a real property transaction, and includes a person who is licensed as a real estate broker under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code, and under whose license a listing is executed or an offer to purchase is obtained. The agent in the real property transaction bears responsibility for that agent's salespersons or broker associates who perform as agents of the agent. When a salesperson or broker associate owes a duty to any principal, or to any buyer or seller who is not a principal, in a real property transaction, that duty is equivalent to the duty owed to that party by the broker for whom the salesperson or broker associate functions. (b) “Buyer” means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through an agent, or who seeks the services of an agent in more than a casual, transitory, or preliminary manner, with the object of entering into a real property transaction. “Buyer” includes vendee or lessee of real property. (c) “Commercial real property” means all real property in the state, except (1) single-family residential real property, (2) dwelling units made subject to Chapter 2 (commencing with Section 1940) of Title 5, (3) a mobilehome, as defined in Section 798.3, (4) vacant land, or (5) a recreational vehicle, as defined in Section 799.29. (d) “Dual agent” means an agent acting, either directly or through a salesperson or broker associate, as agent for both the seller and the buyer in a real property transaction. (e) “Listing agreement” means a written contract between a seller of real property and an agent, by which the agent has been authorized to sell the real property or to find or obtain a buyer, including rendering other services for which a real estate license is required to the seller pursuant to the terms of the agreement. (f) “Seller's agent” means a person who has obtained a listing of real property to act as an agent for compensation. (g) “Listing price” is the amount expressed in dollars specified in the listing for which the seller is willing to sell the real property through the seller's agent. (h) “Offering price” is the amount expressed in dollars specified in an offer to purchase for which the buyer is willing to buy the real property. (i) “Offer to purchase” means a written contract executed by a buyer acting through a buyer's agent that becomes the contract for the sale of the real property upon acceptance by the seller. (j) “Real property” means any estate specified by subdivision (1) or (2) of Section 761 in property, and includes (1) single-family residential property, (2) multiunit residential property with more than four dwelling units, (3) commercial real property, (4) vacant land, (5) a ground lease coupled with improvements, or (6) a manufactured home as defined in Section 18007 of the Health and Safety Code, or a mobilehome as defined in Section 18008 of the Health and Safety Code, when offered for sale or sold through an agent pursuant to the authority contained in Section 10131.6 of the Business and Professions Code. (k) “Real property transaction” means a transaction for the sale of real property in which an agent is retained by a buyer, seller, or both a buyer and seller to act in that transaction, and includes a listing or an offer to purchase. (l) “Sell,” “sale,” or “sold” refers to a transaction for the transfer of real property from the seller to the buyer and includes exchanges of real property between the seller and buyer, transactions for the creation of a real property sales contract within the meaning of Section 2985, and transactions for the creation of a leasehold exceeding one year's duration. (m) “Seller” means the transferor in a real property transaction and includes an owner who lists real property with an agent, whether or not a transfer results, or who receives an offer to purchase real property of which he or she is the owner from an agent on behalf of another. “Seller” includes both a vendor and a lessor of real property. (n) “Buyer's agent” means an agent who represents a buyer in a real property transaction. 2079.14. A seller's agent and buyer's agent shall provide the seller and buyer in a real property transaction with a copy of the disclosure form specified in Section 2079.16, and shall obtain a signed acknowledgment of receipt from that seller and buyer, except as provided in Section 2079.15, as follows: (a) The seller's agent, if any, shall provide the disclosure form to the seller prior to entering into the listing agreement. (b) The buyer's agent shall provide the disclosure form to the buyer as soon as practicable prior to execution of the buyer's offer to purchase. If the offer to purchase is not prepared by the buyer's agent, the buyer's agent shall present the disclosure form to the buyer not later than the next business day after receiving the offer to purchase from the buyer.
2079.15. In any circumstance in which the seller or buyer refuses to sign an acknowledgment of receipt pursuant to Section 2079.14, the agent shall set forth, sign, and date a written declaration of the facts of the refusal. 2079.16 Reproduced on Page 1 of this AD form.
2079.17(a) As soon as practicable, the buyer's agent shall disclose to the buyer and seller whether the agent is acting in the real property transaction as the buyer's agent, or as a dual agent representing both the buyer and the seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller, the buyer, and the buyer's agent prior to or coincident with execution of that contract by the buyer and the seller, respectively. (b) As soon as practicable, the seller's agent shall disclose to the seller whether the seller's agent is acting in the real property transaction as the seller's agent, or as a dual agent representing both the buyer and seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller and the seller's agent prior to or coincident with the execution of that contract by the seller.
CONFIRMATION: (c) The confirmation required by subdivisions (a) and (b) shall be in the following form:
Seller's Brokerage Firm DO NOT COMPLETE. SAMPLE ONLY License Number ______________ Is the broker of (check one): the seller; or both the buyer and seller. (dual agent) Seller's Agent DO NOT COMPLETE. SAMPLE ONLY License Number ______________ Is (check one): the Seller's Agent. (salesperson or broker associate) both the Buyer's and Seller's Agent. (dual agent) Buyer's Brokerage Firm DO NOT COMPLETE. SAMPLE ONLY License Number ______________ Is the broker of (check one): the buyer; or both the buyer and seller. (dual agent) Buyer's Agent DO NOT COMPLETE. SAMPLE ONLY License Number ______________ Is (check one): the Buyer's Agent. (salesperson or broker associate) both the Buyer's and Seller's Agent. (dual agent) (d) The disclosures and confirmation required by this section shall be in addition to the disclosure required by Section 2079.14. An agent's duty to provide disclosure and confirmation of representation in this section may be performed by a real estate salesperson or broker associate affiliated with that broker. 2079.18 (Repealed pursuant to AB-1289)
2079.19 The payment of compensation or the obligation to pay compensation to an agent by the seller or buyer is not necessarily determinative of a particular agency relationship between an agent and the seller or buyer. A listing agent and a selling agent may agree to share any compensation or commission paid, or any right to any compensation or commission for which an obligation arises as the result of a real estate transaction, and the terms of any such agreement shall not necessarily be determinative of a particular relationship. 2079.20 Nothing in this article prevents an agent from selecting, as a condition of the agent's employment, a specific form of agency relationship not specifically prohibited by this article if the requirements of Section 2079.14 and Section 2079.17 are complied with. 2079.21 (a) A dual agent may not, without the express permission of the seller, disclose to the buyer any confidential information obtained from the seller. (b) A dual agent may not, without the express permission of the buyer, disclose to the seller any confidential information obtained from the buyer. (c) “Confidential information” means facts relating to the client's financial position, motivations, bargaining position, or other personal information that may impact price, such as the seller is willing to accept a price less than the listing price or the buyer is willing to pay a price greater than the price offered. (d) This section does not alter in any way the duty or responsibility of a dual agent to any principal with respect to confidential information other than price. 2079.22 Nothing in this article precludes a seller's agent from also being a buyer's agent. If a seller or buyer in a transaction chooses to not be represented by an agent, that does not, of itself, make that agent a dual agent. 2079.23 A contract between the principal and agent may be modified or altered to change the agency relationship at any time before the performance of the act which is the object of the agency with the written consent of the parties to the agency relationship. 2079.24 Nothing in this article shall be construed to either diminish the duty of disclosure owed buyers and sellers by agents and their associate licensees, subagents, and employees or to relieve agents and their associate licensees, subagents, and employees from liability for their conduct in connection with acts governed by this article or for any breach of a fiduciary duty or a duty of disclosure. © 2021, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics.
Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS® 525 South Virgil Avenue, Los Angeles, California 90020
AD REVISED 12/21 (PAGE 2 OF 2)
DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (AD PAGE 2 OF 2) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com Takay and Authentisign ID: FCE27B09-6AAF-4A62-BD77-EC45975042FA
44664
FAIR HOUSING & DISCRIMINATION ADVISORY
(C.A.R. Form FHDA, 6/22)
1. EQUAL ACCESS TO HOUSING FOR ALL: All housing in California is available to all persons. Discrimination as noted below is prohibited by law. Resources are available for those who have experienced unequal treatment under the law.
2. FEDERAL AND STATE LAWS PROHIBIT DISCRIMINATION AGAINST IDENTIFIED PROTECTED CLASSES:
A. FEDERAL FAIR HOUSING ACT (“FHA”) Title VIII of the Civil Rights Act; 42 U.S.C. §§ 3601-3619; Prohibits discrimination in sales, rental or financing of residential housing against persons in protected classes; B. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT (“FEHA”) California Government Code (“GC”) §§ 12900- 12996,12955; 2 California Code of Regulations (“CCR”) §§ 12005-12271; Prohibits discrimination in sales, rental or financing of housing opportunity against persons in protected classes by providers of housing accommodation and financial assistance services as related to housing;
C. CALIFORNIA UNRUH CIVIL RIGHTS ACT (“Unruh”) California Civil Code (“CC”) § 51; Prohibits business establishments from discriminating against, and requires full and equal accommodation, advantages, facilities, privileges, and services to persons in protected classes;
D. AMERICANS WITH DISABILITIES ACT (“ADA”) 42 U.S.C. §§ 12181-12189; Title III of the ADA prohibits discrimination based on disability in public accommodations; and
E. OTHER FAIR HOUSING LAWS: § 504 of Rehabilitation Act of 1973 29 U.S.C. § 794; Ralph Civil Rights Act CC § 51.7.; California Disabled Persons Act; CC §§ 54-55.32; any local city or county fair housing ordinances, as applicable.
3. POTENTIAL LEGAL REMEDIES FOR UNLAWFUL DISCRIMINATION: Violations of fair housing laws may result in monetary civil fines, injunctive relief, compensatory and/or punitive damages, and attorney fees and costs.
4. PROTECTED CLASSES/CHARACTERISTICS: Whether specified in Federal or State law or both, discrimination against persons if based on that person's belonging to, association with, or perceived membership in, certain classes or categories, such as the following, is prohibited. Other classes, categories or restrictions may also apply.
Race Color Ancestry National Origin Religion
Age Sex, Sexual Orientation Gender, Gender Identity,
Gender expression
Marital Status Familial Status (family with
a child or children under
18)
Citizenship Immigration Status Primary Language Military/Veteran Status Source of Income (e.g., Section 8 Voucher)
Medical Condition Disability (Mental & Physical) Genetic Information Criminal History (nonrelevant convictions)Any arbitrary characteristic
5. THE CALIFORNIA DEPARTMENT OF REAL ESTATE REQUIRES TRAINING AND SUPERVISION TO PREVENT HOUSING DISCRIMINATION BY REAL ESTATE LICENSEES:
A. California Business & Professions Code (“B&PC”) § 10170.5(a)(4) requires 3 hours of training on fair housing for DRE license renewal; Real Estate Regulation § 2725(f) requires brokers who oversee salespersons to be familiar with the requirements of federal and state laws relating to the prohibition of discrimination.
B. Violation of DRE regulations or real estate laws against housing discrimination by a real estate licensee may result in the loss or suspension of the licensee's real estate license. B&PC § 10177(l)(1); 10 CCR § 2780
6. REALTOR® ORGANIZATIONS PROHIBIT DISCRIMINATION: NAR Code of Ethics Article 10 prohibits discrimination in employment practices or in rendering real estate license services against any person because of race, color, religion, sex, handicap, familial status, national origin, sexual orientation, or gender identity by REALTORS®.
7. WHO IS REQUIRED TO COMPLY WITH FAIR HOUSING LAWS?
Below is a non-exclusive list of providers of housing accommodations or financial assistance services as related to housing who are most likely to be encountered in a housing transaction and who must comply with fair housing laws. ● Sellers ● Landlords ● Sublessors
● Real estate licensees ● Real estate brokerage firms ● Property managers ● Mobilehome parks ● Homeowners Associations (“HOAs”); ● Banks and Mortgage lenders ● Insurance companies ● Government housing services ● Appraisers
8. EXAMPLES OF CONDUCT THAT MAY NOT BE MOTIVATED BY DISCRIMINATORY INTENT BUT COULD HAVE A DISCRIMINATORY EFFECT:
A. Prior to acceptance of an offer, asking for or offering buyer personal information or letters from the buyer, especially with photos.
Those types of documents may inadvertently reveal, or be perceived as revealing, protected status information thereby increasing the risk of (i) actual or unconscious bias, and (ii) potential legal claims against sellers and others by prospective buyers whose offers were rejected.
B. Refusing to rent (i) an upper-level unit to an elderly tenant out of concern for the tenant's ability to navigate stairs or (ii) a house with a pool to a person with young children out of concern for the children's safety.
9. EXAMPLES OF UNLAWFUL OR IMPROPER CONDUCT BASED ON A PROTECTED CLASS OR CHARACTERISTIC:
A. Refusing to negotiate for a sale, rental or financing or otherwise make a housing opportunity unavailable; failing to present offers due to a person's protected status;
B. Refusing or failing to show, rent, sell or finance housing; “channeling” or “steering” a prospective buyer or tenant to or away from a particular area due to that person's protected status or because of the racial, religious or ethnic composition of the neighborhood; C. “Blockbusting” or causing “panic selling” by inducing a listing, sale or rental based on the grounds of loss of value of property, increase in crime, or decline in school quality due to the entry or prospective entry of people in protected categories into the neighborhood;
D. Making any statement or advertisement that indicates any preference, limitation, or discrimination; © 2022, California Association of REALTORS®, Inc.
FHDA REVISED 6/22 (PAGE 1 OF 2)
FAIR HOUSING AND DISCRIMINATION ADVISORY (FHDA PAGE 1 OF 2) Phone: Fax:
Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com Sierra Realty, 9410 Sierra Ave. Fontana CA 92335 909.822.1200 909.822.0324 Takay and Ken Galasso
Authentisign ID: FCE27B09-6AAF-4A62-BD77-EC45975042FA
44765
E. Inquiring about protected characteristics (such as asking tenant applicants if they are married, or prospective purchasers if they have children or are planning to start a family);
F. Using criminal history information before otherwise affirming eligibility, and without a legally sufficient justification; G. Failing to assess financial standards based on the portion of the income responsible by a tenant who receives government subsidies (such as basing an otherwise neutral rent to income ratio on the whole rent rather than just the part of rent that is the tenant's responsibility);
H. Denying a home loan or homeowner's insurance;
I. Offering inferior terms, conditions, privileges, facilities or services; J. Using different qualification criteria or procedures for sale or rental of housing such as income standards, application requirements, application fees, credit analyses, sale or rental approval procedures or other requirements; K. Harassing a person;
L. Taking an adverse action based on protected characteristics; M. Refusing to permit a reasonable modification to the premises, as requested by a person with a disability (such as refusing to allow a wheelchair bound tenant to install, at their expense, a ramp over front or rear steps, or refusing to allow a physically disabled tenant from installing, at their own expense, grab bars in a shower or bathtub); N. Refusing to make reasonable accommodation in policies, rules, practices, or services for a person with a disability (such as the following, if an actual or prospective tenant with a disability has a service animal or support animal):
(i) Failing to allow that person to keep the service animal or emotional support animal in rental property, (ii) Charging that person higher rent or increased security deposit, or (iii) Failing to show rental or sale property to that person who is accompanied by the service animal or support animal, and; O. Retaliating for asserting rights under fair housing laws.
10. EXAMPLES OF POSITIVE PRACTICES:
A. Real estate licensees working with buyers or tenants should apply the same objective property selection criteria, such as location/neighborhood, property features, and price range and other considerations, to all prospects.
B. Real estate licensees should provide complete and objective information to all clients based on the client's selection criteria.
C. Real estate licensees should provide the same professional courtesy in responding to inquiries, sharing of information and offers of assistance to all clients and prospects.
D. Housing providers should not make any statement or advertisement that directly or indirectly implies preference, limitation, or discrimination regarding any protected characteristic (such as “no children” or “English-speakers only”).
E. Housing providers should use a selection process relying on objective information about a prospective buyer's offer or tenant's application and not seek any information that may disclose any protected characteristics (such as using a summary document, e.g. C.A.R. Form SUM-MO, to compare multiple offers on objective terms).
11. FAIR HOUSING RESOURCES: If you have questions about your obligations or rights under the Fair Housing laws, or you think you have been discriminated against, you may want to contact one or more of the sources listed below to discuss what you can do about it, and whether the resource is able to assist you.
A. Federal: https://www.hud.gov/program_offices/fair_housing_equal_opp B. State: https://www.dfeh.ca.gov/housing/
C. Local: local Fair Housing Council office (non-profit, free service) D. DRE: https://www.dre.ca.gov/Consumers/FileComplaint.html E. Local Association of REALTORS®. List available at: https://www.car.org/en/contactus/rosters/localassociationroster.
F. Any qualified California fair housing attorney, or if applicable, landlord-tenant attorney.
12. LIMITED EXCEPTIONS TO FAIR HOUSING REQUIREMENTS: No person should rely on any exception below without first seeking legal advice about whether the exception applies to their situation. Real estate licensees are not qualified to provide advice on the application of these exceptions.
A. Legally compliant senior housing is exempt from FHA, FEHA and Unruh as related to age or familial status only; B. An owner of a single-family residence who resides at the property with one lodger may be exempt from FEHA for rental purposes, PROVIDED no real estate licensee is involved in the rental; C. An owner of a single-family residence may be exempt from FHA for sale or rental purposes, PROVIDED (i) no real estate licensee is involved in the sale or rental and (ii) no discriminatory advertising is used, and (iii) the owner owns no more than three single-family residences. Other restrictions apply; D. An owner of residential property with one to four units who resides at the property, may be exempt from FHA for rental purposes, PROVIDED no real estate licensee is involved in the rental; and E. Both FHA and FEHA do not apply to roommate situations. See, Fair Housing Council v Roommate.com LLC, 666 F.3d 1216 (2019).
F. Since both the 14th Amendment of the U.S. Constitution and the Civil Rights Act of 1866 prohibit discrimination based on race; the FHA and FEHA exemptions do not extend to discrimination based on race.
Buyer/Tenant and Seller/Landlord have read, understand and acknowledge receipt of a copy of this Fair Housing & Discrimination Advisory.
Buyer/Tenant Date
Buyer/Tenant Date
Seller/Landlord Date
Seller/Landlord Date
© 2022, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics.
Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS® 525 South Virgil Avenue, Los Angeles, California 90020
FHDA REVISED 6/22 (PAGE 2 OF 2)
FAIR HOUSING AND DISCRIMINATION ADVISORY (FHDA PAGE 2 OF 2) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com Gerardo Herrera
City of Fontana
Takay and
Authentisign ID: FCE27B09-6AAF-4A62-BD77-EC45975042FA
44866
POSSIBLE REPRESENTATION OF MORE THAN ONE BUYER
OR SELLER - DISCLOSURE AND CONSENT
(C.A.R. Form PRBS, Revised 12/21)
A real estate broker (Broker), whether a corporation, partnership or sole proprietorship, may represent more than one buyer or seller. This multiple representation can occur through an individual licensed as a broker or salesperson or through different individual broker's or salespersons (associate licensees) acting under the Broker's license. The associate licensees may be working out of the same or different office locations.
Multiple Buyers: Broker (individually or through its associate licensees) may be working with many prospective buyers at the same time. These prospective buyers may have an interest in, and make offers on, the same properties. Some of these properties may be listed with Broker and some may not. Broker will not limit or restrict any particular buyer from making an offer on any particular property whether or not Broker represents other buyers interested in the same property.
Multiple Sellers: Broker (individually or through its associate licensees) may have listings on many properties at the same time. As a result, Broker will attempt to find buyers for each of those listed properties. Some listed properties may appeal to the same prospective buyers. Some properties may attract more prospective buyers than others. Some of these prospective buyers may be represented by Broker and some may not. Broker will market all listed properties to all prospective buyers whether or not Broker has another or other listed properties that may appeal to the same prospective buyers.
Dual Agency: If Seller is represented by Broker, Seller acknowledges that broker may represent prospective buyers of Seller's property and consents to Broker acting as a dual agent for both seller and buyer in that transaction. If Buyer is represented by Broker, buyer acknowledges that Broker may represent sellers of property that Buyer is interested in acquiring and consents to Broker acting as a dual agent for both buyer and seller with regard to that property.
In the event of dual agency, seller and buyer agree that: a dual agent may not, without the express permission of the respective party, disclose to the other party confidential information, including, but not limited to, facts relating to either the buyer's or seller's financial position, motivations, bargaining position, or other personal information that may impact price, including the seller's willingness to accept a price less than the listing price or the buyer's willingness to pay a price greater than the price offered; and except as set forth above, a dual agent is obligated to disclose known facts materially affecting the value or desirability of the Property to both parties.
Offers not necessarily confidential: Buyer is advised that seller or listing agent may disclose the existence, terms, or conditions of buyer's offer unless all parties and their agent have signed a written confidentiality agreement. Whether any such information is actually disclosed depends on many factors, such as current market conditions, the prevailing practice in the real estate community, the listing agent's marketing strategy and the instructions of the seller.
Buyer and seller understand that Broker may represent more than one buyer or more than one seller and even both buyer and seller on the same transaction and consents to such relationships.
Seller and/or Buyer acknowledges reading and understanding this Possible Representation of More Than One Buyer or Seller - Disclosure and Consent and agrees to the agency possibilities disclosed.
Seller Date
Seller Date
Buyer Date
Buyer Date
Buyer's Brokerage Firm DRE Lic # Date
By DRE Lic # Date
Seller's Brokerage Firm DRE Lic # Date
By DRE Lic # Date
© 2021, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics.
Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS® 525 South Virgil Avenue, Los Angeles, California 90020
PRBS REVISED 12/21 (PAGE 1 OF 1)
POSSIBLE REPRESENTATION OF MORE THAN ONE BUYER OR SELLER (PRBS PAGE 1 OF 1) Phone: Fax:
Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com City of Fontana
Gerardo Herrera
Sierra Realty Fontana, Inc. 02038519
00570875
Ken Galasso
Sierra Realty Fontana, Inc 02038519
00570875
Ken Galasso
Sierra Realty, 9410 Sierra Ave. Fontana CA 92335 909.822.1200 909.822.0324 Takay and Ken Galasso
Authentisign ID: FCE27B09-6AAF-4A62-BD77-EC45975042FA
44967
WIRE FRAUD AND ELECTRONIC FUNDS
TRANSFER ADVISORY
(C.A.R. Form WFA, Revised 12/21)
Property Address: (“Property”).
WIRE FRAUD AND ELECTRONIC FUNDS TRANSFERS ADVISORY:
The ability to communicate and conduct business electronically is a convenience and reality in nearly all parts of our lives.
At the same time, it has provided hackers and scammers new opportunities for their criminal activity. Many businesses have been victimized and the real estate business is no exception.
While wiring or electronically transferring funds is a welcome convenience, we all need to exercise extreme caution.
Emails attempting to induce fraudulent wire transfers have been received and have appeared to be legitimate. Reports indicate that some hackers have been able to intercept emailed transfer instructions, obtain account information and, by altering some of the data, redirect the funds to a different account. It also appears that some hackers were able to provide false phone numbers for verifying the wiring or funds transfer instructions. In those cases, the victim called the number provided to confirm the instructions, and then unwittingly authorized a transfer to somewhere or someone other than the intended recipient.
ACCORDINGLY, YOU ARE ADVISED:
1. Obtain phone numbers and account numbers only from Escrow Officers, Property Managers, or Landlords at the beginning of the transaction.
2. DO NOT EVER WIRE OR ELECTRONICALLY TRANSFER FUNDS PRIOR TO CALLING TO CONFIRM THE TRANSFER INSTRUCTIONS. ONLY USE A PHONE NUMBER YOU WERE PROVIDED PREVIOUSLY. Do not use any different phone number or account number included in any emailed transfer instructions.
3. Orally confirm the transfer instruction is legitimate and confirm the bank routing number, account numbers and other codes before taking steps to transfer the funds.
4. Avoid sending personal information in emails or texts. Provide such information in person or over the telephone directly to the Escrow Officer, Property Manager, or Landlord.
5. Take steps to secure the system you are using with your email account. These steps include creating strong passwords, using secure WiFi, and not using free services.
If you believe you have received questionable or suspicious wire or funds transfer instructions, immediately notify your bank, and the other party, and the Escrow Office, Landlord, or Property Manager. The sources below, as well as others, can also provide information:
Federal Bureau of Investigation: https://www.fbi.gov/; the FBI's IC3 at www.ic3.gov; or 310-477-6565 National White Collar Crime Center: http://www.nw3c.org/ On Guard Online: https://www.onguardonline.gov/
NOTE: There are existing alternatives to electronic and wired fund transfers such as cashier's checks.
By signing below, the undersigned acknowledge that each has read, understands and has received a copy of this Wire Fraud and Electronic Funds Transfer Advisory.
Buyer/Tenant Date
Buyer/Tenant Date
Seller/Landlord Date
Seller/Landlord Date
©2021, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics.
Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS® 525 South Virgil Avenue, Los Angeles, California 90020
WFA REVISED 12/21 (PAGE 1 OF 1)
WIRE FRAUD AND ELECTRONIC FUNDS TRANSFER ADVISORY (WFA PAGE 1 OF 1) Phone: Fax:
Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com APNs 0232-091 18 and 19, Fontana, 92335
Gerardo Herrera
City of Fontana
Sierra Realty, 9410 Sierra Ave. Fontana CA 92335 909.822.1200 909.822.0324 Takay and Ken Galasso
Authentisign ID: FCE27B09-6AAF-4A62-BD77-EC45975042FA
45068
VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW
INSTRUCTIONS
(C.A.R. FORM VLPA, Revised 6/22)
Date Prepared:
1. OFFER:
A. THIS IS AN OFFER FROM (“Buyer”).
Individual(s), A Corporation, A Partnership, An LLC, An LLP, or Other .
B. THE PROPERTY to be acquired is , situated
in (City), (County), California, (Zip Code),
Assessor's Parcel No(s). (“Property”).
Further Described As .
(Postal/Mailing address may be different from city jurisdiction. Buyer is advised to investigate.) C. THE TERMS OF THE PURCHASE ARE SPECIFIED BELOW AND ON THE FOLLOWING PAGES.
D. Buyer and Seller are referred to herein as the "Parties." Brokers and Agents are not Parties to this Agreement.
2. AGENCY:
A. DISCLOSURE: The Parties each acknowledge receipt of a “Disclosure Regarding Real Estate Agency Relationships” (C.A.R.
Form AD) if represented by a real estate licensee. Buyer's Agent is not legally required to give to Seller's Agent the AD form Signed by Buyer. Seller's Agent is not legally obligated to give to Buyer's Agent the AD form Signed by Seller.
B. CONFIRMATION: The following agency relationships are here confirmed for this transaction.
Seller's Brokerage Firm License Number
Is the broker of (check one): the Seller; or both the Buyer and Seller (Dual Agent).
Seller's Agent License Number
Is (check one): the Seller's Agent (Salesperson or broker associate); or both the Buyer's and Seller's Agent (Dual Agent).
Buyer's Brokerage Firm License Number
Is the broker of (check one): the Buyer; or both the Buyer and Seller (Dual Agent).
Buyer's Agent License Number
Is (check one): the Buyer's Agent (Salesperson or broker associate); or both the Buyer's and Seller's Agent (Dual Agent).
C. More than one Brokerage represents Seller, Buyer. See, Additional Broker Acknowledgement (C.A.R. Form ABA).
D. POTENTIALLY COMPETING BUYERS AND SELLERS: The Parties each acknowledge receipt of a “Possible Representation of More than One Buyer or Seller - Disclosure and Consent” (C.A.R. Form PRBS).
3. TERMS OF PURCHASE AND ALLOCATION OF COSTS: The items in this paragraph are contractual terms of the Agreement.
Referenced paragraphs provide further explanation. This form is 16 pages. The Parties are advised to read all 16 pages.
Paragraph
#
Paragraph Title or Contract
Term
Terms and Conditions Additional Terms
A 5, 5B Purchase Price $ All Cash
B Close of Escrow (COE) Days after Acceptance
OR on (date)
(mm/dd/yyyy)
C 39A Expiration of Offer 3 calendar days after all Buyer Signature(s) or (date) at 5PM or AM/
PM
D(1) 5A(1) Initial Deposit Amount $ ( % of purchase price) (% number above is for calculation purposes
and is not a contractual term)
within 3 (or ) business days
after Acceptance by wire transfer
OR
D(2) 5A(2) Increased Deposit
(Money placed into escrow after
the initial deposit. Use form DID at
time increased deposit is made.)
$ ( % of purchase price)
(% number above is for calculation purposes
and is not a contractual term)
Upon removal of all contingencies
OR (date)
OR
E(1) 5C(1) Loan Amount(s): First
Interest Rate
Points
$ ( % of purchase price)
Fixed rate or Initial adjustable rate, not to
exceed %
Buyer to pay zero points or up to % of the
loan amount
Conventional or, if checked,
FHA VA
(CAR Forms FVAC, HID attached)
Seller Financing
Assumed Financing
Subject To Financing
Other:
E(2) 5C(2) Additional Financed Amount
Interest Rate
Points
$ ( % of purchase price)
Fixed rate or Initial adjustable rate, not to
exceed %
Buyer to pay zero points or up to % of the
loan amount
Conventional or, if checked,
Seller Financing
Assumed Financing
Subject To Financing
Other:
E(3) 7A Occupancy Type Investment, or if checked, Primary Secondary F 5D Balance of Down Payment $
PURCHASE PRICE TOTAL $
© 2022, California Association of REALTORS®, Inc.
VLPA REVISED 6/22 (PAGE 1 OF 16) Buyer's Initials / Seller's Initials / VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 1 OF 16) Phone: Fax:
Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com August 12, 2022
Gerardo Herrera
X
APNs 0232-091 18 and 19
Fontana San Bernardino 92335
0232-091-18 and 0232-091-19
Two vacant parcels generally located at the SW corner of Foothill and Tokay Sierra Realty Fontana, Inc 02038519
X
Ken Galasso 00570875
X
Sierra Realty Fontana, Inc. 02038519
X
Ken Galasso 00570875
X
X
200,000.00
X 90
50,000.00 25.0
100,000.00 50.0
X
50,000.00
200,000.00
Sierra Realty, 9410 Sierra Ave. Fontana CA 92335 909.822.1200 909.822.0324 Takay and Ken Galasso
Authentisign ID: FCE27B09-6AAF-4A62-BD77-EC45975042FA
45169
Property Address: Date:
Paragraph
#
Paragraph Title or Contract
Term
Terms and Conditions Additional Terms
G(1) 5E Seller Credit, if any, to Buyer $ ( % of purchase price) (% number above is for calculation purposes
and is not a contractual term)
Seller credit to be applied to
closing costs OR
Other:
G(2) ADDITIONAL FINANCE TERMS:
H(1) 5B Verification of All Cash (sufficient
funds)
Attached to the offer or 3 (or ) Days
after Acceptance
H(2) 6A Verification of Down Payment and
Closing Costs
Attached to the offer or 3 (or ) Days
after Acceptance
H(3) 6B Verification of Loan Application Attached to the offer or 3 (or ) Days after Acceptance
Prequalification Preapproval
Fully underwritten preapproval
I Intentionally Left Blank
J 19 Final Verification of Condition 5 (or ) Days prior to COE K 26 Assignment Request 17 (or ) Days after Acceptance
L 8 CONTINGENCIES TIME TO REMOVE CONTINGENCIES CONTINGENCY REMOVED L(1) 8A Loan(s) 17 (or ) Days after Acceptance No loan contingency L(2) 8B Appraisal: Appraisal contingency
based upon appraised value at a
minimum of purchase price or
$
17 (or ) Days after Acceptance No appraisal contingency Removal of appraisal contingency
does not eliminate appraisal
cancellation rights in FVAC.
L(3) 8C Purchase of Manufactured Home
Buyer has (or has not) entered
into contract to purchase a personal
property manufactured home
17 (or ) Days after Acceptance
Shall remain in effect until the Close of Escrow
of the Property
REMOVAL OR WAIVER OF
CONTINGENCY:
L(4) 8D Construction Loan Financing
A draw from the construction loan will
not (or will) be used to finance the
Property
17 (or ) Days after Acceptance
L(5) 8E, 15 Investigation of Property 17 (or ) Days after Acceptance Informational Access to Property 17 (or ) Days after Acceptance Buyer's right to access the Property for informational purposes only is NOT a contingency and does NOT create additional cancellation rights for Buyer. CR attached L(6) 8F, 17A Review of Seller Documents 17 (or ) Days after Acceptance, or 5 Days after receipt, whichever is later
L(7) 8G, 16A Preliminary ("Title") Report 17 (or ) Days after Acceptance, or 5 Days after receipt, whichever is later
L(8) 8H, 11D Common Interest Disclosures
required by Civil Code § 4525 or this
Agreement
L(9) 8I, 9B(2) Review of leased or liened items
(Such as for solar panels or propane
tanks or PACE or HERO liens)
17 (or ) Days after Acceptance, or 5 Days
after receipt, whichever is later
L(10) 8L Sale of Buyer's Property
Sale of Buyer's property is not a
contingency, UNLESS checked here:
C.A.R. Form COP attached
M Possession Time for Performance
M Vacant Lot Delivery
Property to be delivered subject
to tenant rights, if any, except
.
Upon notice of recordation
On COE Date
N Documents/Fees/Compliance Time for Performance
N(1) 17A Seller Delivery of Documents 7 (or ) Days after Acceptance N(2) 22B Sign and return Escrow Holder
General Provisions, Supplemental
Instructions
5 (or ) Days after receipt
N(3) 11D(2) Time to pay fees for ordering HOA
Documents
3 (or ) Days after Acceptance
N(4) 35 Evidence of representative authority 3 Days after Acceptance VLPA REVISED 6/22 (PAGE 2 OF 16) Buyer's Initials / Seller's Initials / VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 2 OF 16) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com APNs 0232-091 18 and 19, Fontana, 92335 August 12, 2022 X
X
Takay and
Authentisign ID: FCE27B09-6AAF-4A62-BD77-EC45975042FA
45270
Property Address: Date:
O Intentionally Left Blank
P Items Included and Excluded
P(1) 9 Items Included - All items specified in Paragraph 9B are included and the following, if checked:
. . .
P(2) Excluded Items:
; ; ;
Q Allocation of Costs
Paragraph
#
Item Description Who Pays (if Both is checked, cost to be split equally unless Otherwise Agreed)
Additional Terms
Q(1) 11E Natural Hazard Zone Disclosure
Report, including tax information
Buyer Seller Both Environmental
Other
Provided by:
Q(2) 15B(1)(D) Environmental Survey Buyer Seller Both
Q(3) Report Buyer Seller Both
Q(4) 22B Escrow Fees Buyer Seller Both
Each to pay their own fees
Escrow Holder:
Q(5) 16 Owner's title insurance policy Buyer Seller Both Title Company (If different from Escrow Holder):
Q(6) Buyer's Lender title insurance policy Buyer Unless Otherwise Agreed, Buyer shall purchase any title insurance
policy insuring Buyer's lender.
Q(7) County transfer tax, fees Buyer Seller Both
Q(8) City transfer tax, fees Buyer Seller Both
Q(9) 11D(2) OA fee for preparing disclosures Seller
Q(10) OA certification fee Buyer
Q(11) OA transfer fees Buyer Seller Both Unless Otherwise Agreed, Seller shall pay for separate HOA moveout fee and Buyer shall pay for separate move-in fee. Applies if
separately billed or itemized with
cost in transfer fee.
Q(12) Private transfer fees Seller, or if checked, Buyer Both Q(13) fees or costs Buyer Seller Both
Q(14) fees or costs Buyer Seller Both
R Additional Tenancy Documents Income and Expense Statements Tenant Estoppel Certificate S OTHER TERMS:
4. PROPERTY ADDENDA AND ADVISORIES: (check all that apply) A. PROPERTY TYPE ADDENDA: This Agreement is subject to the terms contained in the Addenda checked below:
Probate Agreement Purchase Addendum (C.A.R. Form PA-PA) Other
B. OTHER ADDENDA: This Agreement is subject to the terms contained in the Addenda checked below:
Addendum # (C.A.R. Form ADM) Short Sale Addendum (C.A.R. Form SSA) Back Up Offer Addendum (C.A.R. Form BUO) Court Confirmation Addendum (C.A.R. Form CCA) Assumed Financing Addendum (C.A.R. Form AFA)
Septic, Well, Property Monument and Propane Addendum (C.A.R. Form SWPI) Buyer Intent to Exchange Addendum (C.A.R. Form BXA) Seller Intent to Exchange Addendum (C.A.R. Form SXA) Other Other
C. BUYER AND SELLER ADVISORIES: (Note: All Advisories below are provided for reference purposes only and are not intended to be incorporated into this Agreement.)
Buyer's Vacant Land Additional Inspection Advisory (C.A.R. Form BVLIA) Fair Housing and Discrimination Advisory (C.A.R. Form FHDA) Wire Fraud Advisory (C.A.R. Form WFA) Cal. Consumer Privacy Act Advisory (C.A.R. Form CCPA) (Parties may also receive a privacy disclosure from their own Agent.) Wildfire Disaster Advisory (C.A.R. Form WFDA) Statewide Buyer and Seller Advisory (C.A.R. Form SBSA) Trust Advisory (C.A.R. Form TA) Short Sale Information and Advisory (C.A.R. Form SSIA) REO Advisory (C.A.R. Form REO) Probate Advisory (C.A.R. Form PA) Other Other
VLPA REVISED 6/22 (PAGE 3 OF 16) Buyer's Initials / Seller's Initials / VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 3 OF 16) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com APNs 0232-091 18 and 19, Fontana, 92335 August 12, 2022 X
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Takay and
Authentisign ID: FCE27B09-6AAF-4A62-BD77-EC45975042FA
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5. ADDITIONAL TERMS AFFECTING PURCHASE PRICE: Buyer represents that funds will be good when deposited with Escrow Holder.
A. DEPOSIT:
(1) INITIAL DEPOSIT: Buyer shall deliver deposit directly to Escrow Holder. If a method other than wire transfer is specified in paragraph 3D(1) and such method is unacceptable to Escrow Holder, then upon notice from Escrow Holder, delivery shall be by wire transfer.
(2) INCREASED DEPOSIT: Increased deposit to be delivered to Escrow Holder in the same manner as the Initial Deposit. If the Parties agree to liquidated damages in this Agreement, they also agree to incorporate the increased deposit into the liquidated damages amount by signing a new liquidated damages clause (C.A.R. Form DID) at the time the increased deposit is delivered to Escrow Holder.
(3) RETENTION OF DEPOSIT: Paragraph 36, if initialed by all Parties or otherwise incorporated into this Agreement, specifies a remedy for Buyer's default. Buyer and Seller are advised to consult with a qualified California real estate attorney before adding any other clause specifying a remedy (such as release or forfeiture of deposit or making a deposit non-refundable) for failure of Buyer to complete the purchase. Any such clause shall be deemed invalid unless the clause independently satisfies the statutory liquidated damages requirements set forth in the Civil Code.
B. ALL CASH OFFER: If an all cash offer is specified in paragraph 3A, no loan is needed to purchase the Property. This Agreement is NOT contingent on Buyer obtaining a loan. Buyer shall, within the time specified in paragraph 3H(1), Deliver written verification of funds sufficient for the purchase price and closing costs.
C. LOAN(S):
(1) FIRST LOAN: This loan will provide for conventional financing UNLESS FHA, VA, Seller Financing (C.A.R. Form SFA), Assumed Financing, Subject To Financing, or Other is checked in paragraph 3E(1). (2) ADDITIONAL FINANCED AMOUNT: If an additional financed amount is specified in paragraph 3E(2), that amount will provide for conventional financing UNLESS Seller Financing (C.A.R. Form SFA), Assumed Financing, Subject To Financing, or Other is checked in paragraph 3E(2).
(3) BUYER'S LOAN STATUS: Buyer authorizes Seller and Seller's Authorized Agent to contact Buyer's lender(s) to determine the status of any Buyer's loan specified in paragraph 3E, or any alternate loan Buyer pursues, whether or not a contingency of this Agreement. If the contact information for Buyer's lender(s) is different from that provided under the terms of paragraph 6B, Buyer shall Deliver the updated contact information within 1 Day of Seller's request. (4) ASSUMED OR SUBJECT TO FINANCING: Seller represents that Seller is not delinquent on any payments due on any loans. If the Property is acquired subject to an existing loan, Buyer and Seller are advised to consult with legal counsel regarding the ability of an existing lender to call the loan due, and the consequences thereof.
D. BALANCE OF PURCHASE PRICE (DOWN PAYMENT) (including all-cash funds) to be deposited with Escrow Holder pursuant to Escrow Holder instructions.
E. LIMITS ON CREDITS TO BUYER: Any credit to Buyer, from any source, for closing or other costs that is agreed to by the Parties (“Contractual Credit”) shall be disclosed to Buyer's lender, if any, and made at Close Of Escrow. If the total credit allowed by Buyer's lender (“Lender Allowable Credit”) is less than the Contractual Credit, then (i) the Contractual Credit from Seller shall be reduced to the Lender Allowable Credit, and (ii) in the absence of a separate written agreement between the Parties, there shall be no automatic adjustment to the purchase price to make up for the difference between the Contractual Credit and the Lender Allowable Credit.
6. ADDITIONAL FINANCING TERMS:
A. VERIFICATION OF DOWN PAYMENT AND CLOSING COSTS: Written verification of Buyer's down payment and closing costs may be made by Buyer or Buyer's lender or loan broker pursuant to paragraph 6B.
B. VERIFICATION OF LOAN APPLICATIONS: Buyer shall Deliver to Seller, within the time specified in paragraph 3H(3) a letter from Buyer's lender or loan broker stating that, based on a review of Buyer's written application and credit report, Buyer is prequalified or preapproved for any NEW loan specified in paragraph 3E. If any loan specified in paragraph 3E is an adjustable rate loan, the prequalification or preapproval letter shall be based on the qualifying rate, not the initial loan rate.
C. BUYER STATED FINANCING: Seller is relying on Buyer's representation of the type of financing specified (including, but not limited to, as applicable, all cash, amount of down payment, or contingent or non-contingent loan). Seller has agreed to a specific closing date, purchase price, and to sell to Buyer in reliance on Buyer's specified financing. Buyer shall pursue the financing specified in this Agreement, even if Buyer also elects to pursue an alternative form of financing. Seller has no obligation to cooperate with Buyer's efforts to obtain any financing other than that specified in this Agreement but shall not interfere with closing at the purchase price on the COE date (paragraph 3B) even if based upon alternate financing. Buyer's inability to obtain alternate financing does not excuse Buyer from the obligation to purchase the Property and close escrow as specified in this Agreement.
7. CLOSING AND POSSESSION:
A. OCCUPANCY: Buyer intends to occupy the Property as indicated in paragraph 3E(3). Occupancy may impact available financing.
B. CONDITION OF PROPERTY ON CLOSING:
(1) Unless Otherwise Agreed: (i) the Property shall be delivered “As-Is” in its PRESENT physical condition as of the date of Acceptance; (ii) the Property, including pool, spa, landscaping and grounds, is to be maintained in substantially the same condition as on the date of Acceptance; and (iii) all debris and personal property not included in the sale shall be removed by Close Of Escrow or at the time possession is delivered to Buyer, if not on the same date. If items are not removed when possession is delivered to Buyer, all items shall be deemed abandoned. Buyer, after first Delivering to Seller written notice to remove the items within 3 Days, may pay to have such items removed or disposed of and may bring legal action, as per this Agreement, to receive reasonable costs from Seller. (2) Buyer is strongly advised to conduct investigations of the entire Property in order to determine its present condition. Seller and Agents may not be aware of all defects affecting the Property or other factors that Buyer considers important. Property improvements may not be built according to code, in compliance with current Law, or have had all required permits issued and/or finalized.
C. Seller shall, on Close Of Escrow unless Otherwise Agreed and even if Seller remains in possession, provide keys, passwords, codes and/or means to operate all locks, mailboxes, and all items included in either paragraph 3P or paragraph 9. If the Property is a condominium or located in a common interest development, Seller shall be responsible for securing or providing any such items for Association amenities, facilities, and access. Buyer may be required to pay a deposit to the Owners' Association (“OA”) to obtain keys to accessible OA facilities.
VLPA REVISED 6/22 (PAGE 4 OF 16) Buyer's Initials / Seller's Initials / VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 4 OF 16) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com APNs 0232-091 18 and 19, Fontana, 92335 August 12, 2022 Takay and
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8. CONTINGENCIES AND REMOVAL OF CONTINGENCIES:
A. LOAN(S):
(1) This Agreement is, unless otherwise specified in paragraph 3L(1) or an attached CR form, contingent upon Buyer obtaining the loan(s) specified. If contingent, Buyer shall act diligently and in good faith to obtain the designated loan(s). If there is no appraisal contingency or the appraisal contingency has been waived or removed, then failure of the Property to appraise at the purchase price does not entitle Buyer to exercise the cancellation right pursuant to the loan contingency if Buyer is otherwise qualified for the specified loan and Buyer is able to satisfy lender's non-appraisal conditions for closing the loan.
(2) Buyer is advised to investigate the insurability of the Property as early as possible, as this may be a requirement for lending. Buyer's ability to obtain insurance for the Property, including fire insurance, is part of Buyer's Investigation of Property contingency. Failure of Buyer to obtain insurance may justify cancellation based on the Investigation contingency but not the loan contingency.
(3) Buyer's contractual obligations regarding deposit, balance of down payment and closing costs are not contingencies of this Agreement, unless Otherwise Agreed.
(4) If there is an appraisal contingency, removal of the loan contingency shall not be deemed removal of the appraisal contingency. (5) NO LOAN CONTINGENCY: If "No loan contingency" is checked in paragraph 3L(1), obtaining any loan specified is NOT a contingency of this Agreement. If Buyer does not obtain the loan specified, and as a result is unable to purchase the Property, Seller may be entitled to Buyer's deposit or other legal remedies.
B. APPRAISAL:
(1) This Agreement is, unless otherwise specified in paragraph 3L(2) or an attached CR form, contingent upon a written appraisal of the Property by a licensed or certified appraiser at no less than the amount specified in paragraph 3L(2), without requiring repairs or improvements to the Property. Appraisals are often a reliable source to verify square footage of the subject Property. However, the ability to cancel based on the measurements provided in an appraisal falls within the Investigation of Property contingency. The appraisal contingency is solely limited to the value determined by the appraisal.
For any cancellation based upon this appraisal contingency, Buyer shall Deliver a Copy of the written appraisal to Seller, upon request by Seller.
(2) NO APPRAISAL CONTINGENCY: If "No appraisal contingency" is checked in paragraph 3L(2), then Buyer may not use the loan contingency specified in paragraph 3L(1) to cancel this Agreement if the sole reason for not obtaining the loan is that the appraisal relied upon by Buyer's lender values the property at an amount less than that specified in paragraph 3L(2). If Buyer is unable to obtain the loan specified solely for this reason, Seller may be entitled to Buyer's deposit or other legal remedies.
(3) Fair Appraisal Act: The Parties acknowledge receipt of the attached Fair Appraisal Act Addendum (C.A.R. Form FAAA).
C. MANUFACTURED HOME PURCHASE: If checked in paragraph 3L(3), this Agreement is contingent upon Buyer acquiring a personal property manufactured home to be placed on the Property after Close Of Escrow.
D. CONSTRUCTION LOAN FINANCING: If checked in paragraph 3L(4), this Agreement is contingent upon Buyer obtaining a construction loan.
E. INVESTIGATION OF PROPERTY: This Agreement is, as specified in paragraph 3L(5), contingent upon Buyer's acceptance of the condition of, and any other matter affecting, the Property.
F. REVIEW OF SELLER DOCUMENTS: This Agreement is, as specified in paragraph 3L(6), contingent upon Buyer's review of Seller's documents required in paragraph 17A.
G. TITLE:
(1) This Agreement is, as specified in paragraph 3L(7), contingent upon Buyer's ability to obtain the title policy provided for in paragraph 16G and on Buyer's review of a current Preliminary Report and items that are disclosed or observable even if not on record or not specified in the Preliminary Report, and satisfying Buyer regarding the current status of title. Buyer is advised to review all underlying documents and other matters affecting title, including, but not limited to, any documents or deeds referenced in the Preliminary Report and any plotted easements. (2) Buyer has 5 Days after receipt to review a revised Preliminary Report, if any, furnished by the Title Company and cancel the transaction if the revised Preliminary Report reveals material or substantial deviations from a previously provided Preliminary Report.
H. CONDOMINIUM/PLANNED DEVELOPMENT DISCLOSURES (IF APPLICABLE): This Agreement is, as specified in paragraph 3L(8), contingent upon Buyer's review of Common Interest Disclosures required by Civil Code § 4525 and under paragraph 11D (“CI Disclosures”).
I. BUYER REVIEW OF LEASED OR LIENED ITEMS CONTINGENCY: Buyer's review of and ability and willingness to assume any lease, maintenance agreement or other ongoing financial obligation, or to accept the Property subject to any lien, disclosed pursuant to paragraph 9B(2), is, as specified in paragraph 3L(9), a contingency of this Agreement. Any assumption of the lease shall not require any financial obligation or contribution by Seller. Seller, after first Delivering a Notice to Buyer to Perform, may cancel this Agreement if Buyer, by the time specified in paragraph 3L(9), refuses to enter into any necessary written agreements to accept responsibility for all obligations of Seller-disclosed leased or liened items.
J. REMOVAL OR WAIVER OF CONTINGENCIES WITH OFFER: Buyer shall have no obligation to remove a contractual contingency unless Seller has provided all required documents, reports, disclosures, and information pertaining to that contingency. If Buyer does remove a contingency without first receiving all required information from Seller, Buyer is relinquishing any contractual rights that apply to that contingency. If Buyer removes or waives any contingencies without an adequate understanding of the Property's condition or Buyer's ability to purchase, Buyer is acting against the advice of Agent.
K. REMOVAL OF CONTINGENCY OR CANCELLATION:
(1) For any contingency specified in paragraph 3L or 8, Buyer shall, within the applicable period specified, remove the contingency or cancel this Agreement.
(2) For the contingencies for review of Seller Documents, Preliminary Report, and Condominium/Planned Development Disclosures, Buyer shall, within the time specified in paragraph 3L or 5 Days after receipt of the applicable Seller Documents, Preliminary Report, or CI Disclosures, whichever occurs later, remove the applicable contingency in writing or cancel this Agreement.
(3) If Buyer does not remove a contingency within the time specified, Seller, after first giving Buyer a Notice to Buyer to Perform (C.A.R. Form NBP), shall have the right to cancel this Agreement.
L. SALE OF BUYER'S PROPERTY: This Agreement and Buyer's ability to obtain financing are NOT contingent upon the sale of any property owned by Buyer unless the Sale of Buyer's Property (C.A.R. Form COP) is checked as a contingency of this Agreement in paragraph 3L(10).
VLPA REVISED 6/22 (PAGE 5 OF 16) Buyer's Initials / Seller's Initials / VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 5 OF 16) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com APNs 0232-091 18 and 19, Fontana, 92335 August 12, 2022 X
Takay and
Authentisign ID: FCE27B09-6AAF-4A62-BD77-EC45975042FA
45573
Property Address: Date:
F. ADDITIONAL DISCLOSURES: Within the time specified in paragraph 3N(1), if Seller has actual knowledge, Seller shall provide to Buyer, in writing, the following information:
(1) LEGAL PROCEEDINGS: Any lawsuits by or against Seller, threatening or affecting the Property, including any lawsuits alleging a defect or deficiency in the Property or common areas, or any known notices of abatement or citations filed or issued against the Property.
(2) AGRICULTURAL USE: Whether the Property is subject to restrictions for agricultural use pursuant to the Williamson Act (Government Code §§ 51200-51295).
(3) DEED RESTRICTIONS: Any deed restrictions or obligations. (4) FARM USE: Whether the Property is in, or adjacent to, an area with Right to Farm rights (Civil Code § 3482.5 and § 3482.6). (5) ENDANGERED SPECIES: Presence of endangered, threatened, “candidate” species, or wetlands on the Property. (6) ENVIRONMENTAL HAZARDS: Any substances, materials, or products that may be an environmental hazard including, but not limited to, asbestos, formaldehyde, radon gas, lead-based paint, fuel or chemical storage tanks, and contaminated soil or water on the Property.
(7) COMMON WALLS: Any features of the Property shared in common with adjoining landowners, such as walls, fences, roads, and driveways, and agriculture and domestic wells whose use or responsibility for maintenance may have an effect on the Property.
(8) LANDLOCKED: The absence of legal or physical access to the Property. (9) EASEMENTS/ENCROACHMENTS: Any encroachments, easements, or similar matters that may affect the Property. (10) SOIL FILL: Any fill (compacted or otherwise), or abandoned mining operations on the Property. (11) SOIL PROBLEMS: Any slippage, sliding, flooding, drainage, grading, or other soil problems. (12) EARTHQUAKE DAMAGE: Major damage to the Property of any of the structures from fire, earthquake, floods, or landslides. (13) ZONING ISSUES: Any zoning violations, non-conforming uses, or violations of “setback” requirements. (14) NEIGHBORHOOD PROBLEMS: Any neighborhood noise problems, or other nuisances. (15) SURVEY, PLANS, PERMITS AND ENGINEERING DOCUMENTS: If in Seller's possession, Copies of surveys, plans, specifications, permits and approvals, development plans, licenses, and engineering documents, if any, prepared on Seller's behalf on in Seller's possession.
(16) VIOLATION NOTICES: Seller shall disclose any notice of violations of any Law filed or issued against the Property.
G. MELLO-ROOS TAX; 1915 BOND ACT: Within the time specified in paragraph 3N(1), Seller shall: (i) make a good faith effort to obtain a notice from any local agencies that levy a special tax or assessment on the Property (or, if allowed, substantially equivalent notice), pursuant to the Mello-Roos Community Facilities Act, and Improvement Bond Act of 1915, and (ii) promptly Deliver to Buyer any such notice obtained.
H. KNOWN MATERIAL FACTS: Seller shall, within the time specified in paragraph 3N(1), DISCLOSE KNOWN MATERIAL FACTS AND DEFECTS affecting the Property, including, but not limited to, known insurance claims within the past five years, or provide Buyer with permission to contact lender to get such information (C.A.R. Form ARC), and make any and all other disclosures required by Law.
I. SELLER VACANT LAND QUESTIONNAIRE: Seller shall, within the time specified in paragraph 3N(1), complete and provide Buyer with a Seller Vacant Land Questionnaire (C.A.R. Form VLQ).
J. SUBSEQUENT DISCLOSURES: In the event Seller, prior to Close Of Escrow, becomes aware of adverse conditions materially affecting the Property, or any material inaccuracy in disclosures, information, or representations previously provided to Buyer, Seller shall promptly Deliver a subsequent or amended disclosure or notice, in writing, covering those items.
However, a subsequent or amended disclosure shall not be required for conditions and material inaccuracies of which Buyer is otherwise aware or which are disclosed in reports provided to or obtained by Buyer or ordered and paid for by Buyer.
12. TENANCY RELATED DISCLOSURES: Within the time specified in paragraph 3N(1), and subject to Buyer's right of review, Seller shall disclose, make available or Deliver, as applicable, to Buyer, the following information:
A. RENTAL/SERVICE AGREEMENTS: (i) All current leases, rental agreements, service contracts, and other agreements pertaining to the operation of the Property; (ii) A rental statement including names of tenants, rental rates, period or rental, date of last rent increase, security deposits, rental concessions, rebates or other benefits, if any, and a list of delinquent rents and their duration. Seller represents that no tenant is entitled to any rebate, concession, or other benefit, except as set forth in these documents. Seller represents that the documents to be furnished are those maintained in the ordinary and normal course of business.
B. INCOME AND EXPENSE STATEMENTS: If checked in paragraph 3R, the books and records for the Property, if any, including a statement of income and expense for the 12 months preceding Acceptance. Seller represents that the books and records are those maintained in the ordinary and normal course of business and used by Seller in the computation of federal and state income tax returns.
C. TENANT ESTOPPEL CERTIFICATES: If checked in paragraph 3R, Tenant Estoppel Certificates (C.A.R. Form TEC). Tenant Estoppel Certificates shall be completed by Seller or Seller's agent and delivered to tenant(s) for tenant(s) to sign and acknowledge: (i) that tenant(s)' rental or lease agreements are unmodified and in full force and effect, (or if modified, stating all such modifications); (ii) that no lessor defaults exist; and (iii) stating the amount of any prepaid rent or security deposit. Seller shall exercise good faith to obtain tenant(s)' signature(s), but Seller cannot guarantee tenant(s)' cooperation. In the event Seller cannot obtain signed Tenant Estoppel Certificates within the time specified above, Seller shall notify Buyer and provide the unsigned one that was provided to tenant(s). If, after the time specified for Seller to Deliver the TEC to Buyer, any tenant(s) sign and return a TEC to Seller, Seller shall Deliver that TEC to Buyer.
D. SELLER REPRESENTATIONS: Unless otherwise disclosed under paragraph 11, paragraph 12, or under any disclosure Delivered to Buyer:
(1) Seller represents that Seller has no actual knowledge that any tenant(s): (i) has any current pending lawsuit(s), investigation(s), Inquiry(ies), action(s), or other proceeding(s) affecting the Property of the right to use and occupy it; (ii) has any unsatisfied mechanics or materialman lien(s) affecting the Property; and (iii) is the subject of a bankruptcy. If Seller receives any such notice, prior to Close Of Escrow, Seller shall immediately notify Buyer. (2) Seller represents that no tenant is entitled to any rebate, concessions, or other benefit, except as set forth in the rental service agreements.
(3) Seller represents that the documents to be furnished are those maintained in the ordinary and normal course of business and the income and expense statements are and used by Seller in the computation of federal and state income tax returns.
13. CHANGES DURING ESCROW:
A. Prior to Close Of Escrow, Seller may engage in the following acts (“Proposed Changes”), subject to Buyer's rights in paragraph 13B: (i) rent or lease any vacant unit or other part of the premises; (ii) alter, modify, or extend any existing rental or lease agreement; (iii) enter into, alter, modify, or extend any service contract(s); or (iv) change the status of the condition of the Property.
VLPA REVISED 6/22 (PAGE 7 OF 16) Buyer's Initials / Seller's Initials / VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 7 OF 16) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com APNs 0232-091 18 and 19, Fontana, 92335 August 12, 2022 Takay and
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B. (1) At least 7 Days prior to any Proposed Changes, Seller shall Deliver written notice to Buyer of such Proposed Change (2) Within 5 Days after receipt of such notice, Buyer, in writing, may give Seller notice of Buyer's objection to the Proposed Changes in which case Seller shall not make the Proposed Changes.
14. SECURITY DEPOSITS: Security deposits, if any, to the extent they have not been applied by Seller in accordance with any rental agreement and current Law, shall be transferred to Buyer on Close Of Escrow. Seller shall notify each tenant, in compliance with the California Civil Code.
15. BUYER'S INVESTIGATION OF PROPERTY AND MATTERS AFFECTING PROPERTY:
A. Buyer shall, within the time specified in paragraph 3L(5), have the right, at Buyer's expense unless Otherwise Agreed, to conduct inspections, investigations, tests, surveys and other studies (“Buyer Investigations”).
B. Buyer Investigations include, but are not limited to:
(1) Inspections regarding any physical attributes of the Property or items connected to the Property, such as:
(A) A general inspection.
(B) An inspection for lead-based paint and other lead-based paint hazards. (C) An inspection specifically for wood destroying pests and organisms. Any inspection for wood destroying pests and organisms shall be prepared by a registered Structural Pest Control company; shall cover the main building and attached structures; may cover detached structures; shall NOT include water tests of shower pans on upper level units unless the owners of property below the shower consent; shall NOT include roof coverings; and, if the Property is a unit in a condominium or other common interest subdivision, the inspection shall include only the separate interest and any exclusive-use areas being transferred, and shall NOT include common areas; and shall include a report (“Pest Control Report”) showing the findings of the company which shall be separated into sections for evident infestation or infections (Section 1) and for conditions likely to lead to infestation or infection (Section 2). (D) A phase one environmental survey, paid for and obtained by the party indicated in paragraph 3Q(2). If Buyer is responsible for obtaining and paying for the survey, Buyer shall act diligently and in good faith to obtain such survey within the time specified in paragraph 3L(5). Buyer has 5 Days after receiving the survey to remove this portion of the Buyer's Investigation contingency.
(E) Any other specific inspections of the physical condition of the land and improvements. (2) All other Buyer Investigations, such as insurance, not specified above. See, Buyer's Vacant Land Additional Inspection Advisory (C.A.R. Form BVLIA) for more.
(3) A review of reports, disclosures or information prepared by or for Seller and Delivered to Buyer pursuant to paragraphs 3, 11, 12, 13, 16A, and 17A.
C. Without Seller's prior written consent, Buyer shall neither make nor cause to be made: (i) invasive or destructive Buyer Investigations, except for minimally invasive testing required to prepare a Pest Control Report, which shall not include any holes or drilling through stucco or similar material; or (ii) inspections by any governmental building or zoning inspector or government employee, unless required by Law.
D. Seller shall make the Property available for all Buyer Investigations. Seller is not obligated to move any existing personal property.
Seller shall have water, gas, electricity and all operable pilot lights on for Buyer's Investigations and through the date possession is delivered to Buyer. Buyer shall, (i) by the time specified in paragraph 3L(5), complete Buyer Investigations and satisfy themselves as to the condition of the Property, and either remove the contingency or cancel this Agreement, and (ii) by the time specified in paragraph 3L(5) or 3 Days after receipt of any Investigation report, whichever is later, give Seller at no cost, complete Copies of all such reports obtained by Buyer, which obligation shall survive the termination of this Agreement. This Delivery of Investigation reports shall not include any appraisal, except an appraisal received in connection with an FHA or VA loan.
E. Buyer indemnity and Seller protection for entry upon the Property: Buyer shall: (i) keep the Property free and clear of liens; (ii) repair all damage arising from Buyer Investigations; and (iii) indemnify and hold Seller harmless from all resulting liability, claims, demands, damages and costs. Buyer shall carry, or Buyer shall require anyone acting on Buyer's behalf to carry, policies of liability, workers' compensation and other applicable insurance, defending and protecting Seller from liability for any injuries to persons or property occurring during any Buyer Investigations or work done on the Property at Buyer's direction prior to Close Of Escrow. Seller is advised that certain protections may be afforded Seller by recording a “Notice of Non-Responsibility” (C.A.R. Form NNR) for Buyer Investigations and work done on the Property at Buyer's direction. Buyer's obligations under this paragraph shall survive the termination of this Agreement.
F. BUYER IS STRONGLY ADVISED TO INVESTIGATE THE CONDITION AND SUITABILITY OF ALL ASPECTS OF THE
PROPERTY AND ALL MATTERS AFFECTING THE VALUE OR DESIRABILITY OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE ITEMS SPECIFIED BELOW. IF BUYER DOES NOT EXERCISE THESE RIGHTS, BUYER IS ACTING AGAINST THE ADVICE OF BROKERS. BUYER UNDERSTANDS THAT ALTHOUGH CONDITIONS ARE OFTEN
DIFFICULT TO LOCATE AND DISCOVER, ALL REAL PROPERTY CONTAINS CONDITIONS THAT ARE NOT READILY APPARENT AND THAT MAY AFFECT THE VALUE OR DESIRABILITY OF THE PROPERTY. BUYER AND SELLER ARE
AWARE THAT BROKERS DO NOT GUARANTEE, AND IN NO WAY ASSUME RESPONSIBILITY FOR, THE CONDITION OF THE PROPERTY. BROKERS HAVE NOT AND WILL NOT VERIFY ANY OF THE ITEMS IN PARAGRAPH 15, UNLESS OTHERWISE AGREED IN WRITING.
G. SIZE, LINES, ACCESS, AND BOUNDARIES: Lot size, property lines, legal or physical access, and boundaries including features of the Property shared in common with adjoining landowners, such as walls, fences, roads, and driveways, whose use or responsibility for maintenance may have an effect on the Property and any encroachments, easements, or similar matters that may affect the Property. (Fences, hedges, walls, and other natural or constructed barriers or markers do not necessarily identify true Property boundaries. Property lines may be verified by survey.) (Unless otherwise specified in writing, any numerical statements by Brokers regarding lot size are APPROXIMATIONS ONLY, which have not been and will not be verified, and should not be relied upon by Buyer.)
H. ZONING AND LAND USE: Past, present, or proposed laws, ordinances, referendums, initiatives, votes, applications, and permits affecting the current use of the Property, future development, zoning, building, size, governmental permits and inspections. Any zoning violations, non-conforming uses, or violations of “setback' requirements. (Buyer should also investigate whether these matters affect Buyer's intended use of the Property.
I. UTILITIES AND SERVICES: Availability, costs, restrictions, and location of utilities and services, including but not limited to, sewerage, sanitation, septic and leach lines, water, electricity, gas, telephone, cable TV, and drainage.
J. ENVIRONMENTAL HAZARDS: Potential environmental hazards, including but not limited to, asbestos, lead-based paint and other lead contamination, radon, methane, other gases, fuel, oil or chemical storage tanks, contaminated soil or water, hazardous waste, waste disposal sites, electromagnetic fields, nuclear sources, and other substances, including mold (airborne, toxic, or otherwise), fungus or similar contaminant, materials, products, or conditions.
VLPA REVISED 6/22 (PAGE 8 OF 16) Buyer's Initials / Seller's Initials / VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 8 OF 16) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com APNs 0232-091 18 and 19, Fontana, 92335 August 12, 2022 Takay and
Authentisign ID: FCE27B09-6AAF-4A62-BD77-EC45975042FA
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K. GEOLOGIC CONDITIONS: Geologic/seismic conditions, soil and terrain stability, suitability and drainage including slippage, sliding, flooding, drainage, grading, fill (compacted or otherwise), or other soil problems.
L. NATURAL HAZARD ZONE: Special Flood Hazard Areas, Potential Flooding (Inundation) Areas, Very High Hazard Zones, State Fire Responsibility Areas, Earthquake Fault Zones, Seismic Hazard Zones, or any other zone for which disclosure is required by Law.
M. PROPERTY DAMAGE: Major damage to the Property of any of the structures or non-structural systems and components and any personal property included in the sale from fire, earthquake, floods, landslides, or other causes.
N. NEIGHBORHOOD, AREA, AND PROPERTY CONDITIONS: Neighborhood or are conditions, including Agricultural Use Restrictions pursuant to the Williamson Act (Government Code §§ 51200-51295), Right to Farm Laws (Civil Code § 3482.5 and § 3482.6), schools, proximity and adequacy of law enforcement, crime statistics, the proximity of registered felons or offenders, fire protection, other government services, availability, adequacy, and cost of any speed-wired, wireless internet connections, or other telecommunications or other technology services and installations, proximity to commercial, industrial, or agricultural activities, existing and proposed transportation, construction and development that may affect noise, view, or traffic, airport noise, noise or odor from any source, abandoned mining operations on the Property, wild and domestic animals, other nuisances, hazards, or circumstances, protected species, wetland properties, botanical diseases, historic or other governmentally protected sites or improvements, cemeteries, facilities and condition of common areas of common interest subdivisions, and possible lack of compliance with any governing documents or Owners'' Association requirements, conditions, and influences of significance to certain cultures and/or religions, and personal needs, requirements, and preferences of Buyer.
O. COMMON INTEREST SUBDIVISIONS; OWNER ASSOCIATIONS: Facilities and condition of common areas (facilities such as pools, tennis courts, walkways, or other areas co-owned in undivided interest with others), Owners' Association that has any authority over the subject property, CC&Rs, or other deed restrictions or obligations, and possible lack of compliance with any Owners' Association requirements.
P. SPECIAL TAX: Any local agencies that levy a special tax on the Property pursuant to the Mello-Roos Community facilities Act or Improvement Bond At of 1915.
Q. RENTAL PROPERTY RESTRICTIONS: Some cities and counties impose restrictions that limit the amount of rent that can be charged, the maximum number of occupants, and the right of landlord to terminate a tenancy.
R. MANUFACTURED HOME PLACEMENT: Conditions that may affect the ability to place and use a manufactured home on the Property.
16. TITLE AND VESTING:
A. Buyer shall, within the time specified in paragraph 3N(1), be provided a current Preliminary Report by the person responsible for paying for the title report in paragraph 3Q(5). If Buyer is responsible for paying, Buyer shall act diligently and in good faith to obtain such Preliminary Report within the time specified. The Preliminary Report is only an offer by the title insurer to issue a policy of title insurance and may not contain every item affecting title. The company providing the Preliminary Report shall, prior to issuing a Preliminary Report, conduct a search of the General Index for all Sellers except banks or other institutional lenders selling properties they acquired through foreclosure (REOs), corporations, and government entities.
B. Title is taken in its present condition subject to all encumbrances, easements, covenants, conditions, restrictions, rights and other matters, whether of record or not, as of the date of Acceptance except for: (i) monetary liens of record unless Buyer is assuming those obligations or taking the Property subject to those obligations; and (ii) those matters which Seller has agreed to remove in writing. For any lien or matter not being transferred upon sale, Seller will take necessary action to deliver title free and clear of such lien or matter.
C. Seller shall within 7 Days after request, give Escrow Holder necessary information to clear title.
D. Seller shall, within the time specified in paragraph 3N(1), disclose to Buyer all matters known to Seller affecting title, whether of record or not.
E. If Buyer is a legal entity and the Property purchase price is at least $300,000 and the purchase price is made without a bank loan or similar form of external financing, a Geographic Targeting Order (GTO) issued by the Financial Crimes Enforcement Network, U.S. Department of the Treasury, requires title companies to collect and report certain information about the Buyer, depending on where the Property is located. Buyer agrees to cooperate with the title company's effort to comply with the GTO.
F. Buyer shall, after Close Of Escrow, receive a recorded grant deed or any other conveyance document required to convey title (For example, for stock cooperative or tenancy in common, respectively, an assignment of stock certificate or assignment of seller's interest in the real property), including oil, mineral and water rights if currently owned by Seller. Title shall vest as designated in Buyer's vesting instructions. The recording document shall contain Buyer's post-closing mailing address to enable Buyer's receipt of the recorded conveyance document from the County Recorder. THE MANNER OF TAKING TITLE MAY HAVE SIGNIFICANT LEGAL AND TAX CONSEQUENCES. CONSULT AN APPROPRIATE PROFESSIONAL.
G. Buyer shall receive a Standard Coverage Owner's CLTA policy of title insurance. An ALTA policy or the addition of endorsements may provide greater coverage for Buyer. A title company, at Buyer's request, can provide information about the availability, desirability, coverage, and cost of various title insurance coverages and endorsements. If Buyer desires title coverage other than that required by this paragraph, Buyer shall instruct Escrow Holder in writing and shall pay any increase in cost.
17. TIME PERIODS; REMOVAL OF CONTINGENCIES; CANCELLATION RIGHTS: The following time periods may only be extended, altered, modified or changed by mutual written agreement. Any removal of contingencies or cancellation under this paragraph by either Buyer or Seller must be exercised in good faith and in writing (C.A.R. Form CR or CC).
A. SELLER DELIVERY OF DOCUMENTS: Seller shall, within the time specified in paragraph 3N(1), Deliver to Buyer all reports, disclosures and information ("Reports") for which Seller is responsible as specified in paragraphs 9B, 11A, 11D, 11E, 11F, 11G, 11H, 11I, 11J, 12A, 12B, 12C, 16A, 16D and 35.
B. BUYER REVIEW OF DOCUMENTS; REPAIR REQUEST; CONTINGENCY REMOVAL OR CANCELLATION (1) Buyer has the time specified in paragraph 3 to: (i) perform Buyer Investigations; review all disclosures, reports, lease documents to be assumed by Buyer pursuant to paragraph 9B(2), and other applicable information, which Buyer receives from Seller; and approve all matters affecting the Property; and (ii) Deliver to Seller Signed Copies of Statutory and Other Disclosures Delivered by Seller in accordance with paragraph 11. (2) Buyer may, within the time specified in paragraph 3L(5), request that Seller make repairs or take any other action regarding the Property (C.A.R. Form RR). Seller has no obligation to agree to or respond to Buyer's requests (C.A.R.
Form RR or RRRR). If Seller does not agree or does not respond, Buyer is not contractually entitled to have the repairs or other requests made and may only cancel based on contingencies in this Agreement.
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Property Address: Date:
(3) Buyer shall, by the end of the times specified in paragraph 3L (or as Otherwise Agreed), Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement (C.A.R. Form CR or CC). However, if any report, disclosure, or information for which Seller is responsible, is not Delivered within the time specified in paragraph 3N(1), then Buyer has 5 Days after Delivery of any such items, or the times specified in paragraph 3L, whichever is later, to Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement. If Delivery of any Report occurs after a contractual contingency pertaining to that Report has already been waived or removed, the Delivery of the Report does not revive the contingency.
(4) Continuation of Contingency: Even after the end of the time specified in paragraph 3L and before Seller cancels, if at all, pursuant to paragraph 17C, Buyer retains the right, in writing, to either (i) remove remaining contingencies, or (ii) cancel this Agreement based on a remaining contingency. Once Buyer's written removal of all contingencies is Delivered to Seller, Seller may not cancel this Agreement pursuant to paragraph 17C(1).
C. SELLER RIGHT TO CANCEL:
(1) SELLER RIGHT TO CANCEL; BUYER CONTINGENCIES: If, by the time specified in this Agreement, Buyer does not Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement, then Seller, after first Delivering to Buyer a Notice to Buyer to Perform (C.A.R. Form NBP), may cancel this Agreement. In such event, Seller shall authorize the return of Buyer's deposit, except for fees incurred by Buyer. (2) SELLER RIGHT TO CANCEL; BUYER CONTRACT OBLIGATIONS: Seller, after first Delivering to Buyer a Notice to Buyer to Perform, may cancel this Agreement if, by the time specified in this Agreement, Buyer does not take the following action(s):
(i) Deposit funds as required by paragraph 3D(1) or 3D(2) or if the funds deposited pursuant to paragraph 3D(1) or 3D(2) are not good when deposited; (ii) Deliver updated contact information for Buyer's lender(s) as required by paragraph 5C(3); (iii) Deliver verification, or a satisfactory verification if Seller reasonably disapproves of the verification already provided, as required by paragraph 5B or 6A; (iv) Deliver a letter as required by paragraph 6B; (v) In writing assume or accept leases or liens specified in paragraph 8I; (vi) Cooperate with the title company's effort to comply with the GTO as required by paragraph 16E; (vii) Sign or initial a separate liquidated damages form for an increased deposit as required by paragraph 5A(2) and 36; (viii) Provide evidence of authority to Sign in a representative capacity as specified in paragraph 35; or (ix) Perform any additional Buyer contractual obligation(s) included in this Agreement. In such event, Seller shall authorize the return of Buyer's deposit, except for fees allocated to Seller in this Agreement and already paid by Escrow prior to cancellation of this Agreement and notification to Escrow. (3) SELLER RIGHT TO CANCEL; SELLER CONTINGENCIES: Seller may cancel this Agreement by good faith exercise of any Seller contingency included in this Agreement, or Otherwise Agreed, so long as that contingency has not already been removed or waived in writing.
D. BUYER RIGHT TO CANCEL:
(1) BUYER RIGHT TO CANCEL; SELLER CONTINGENCIES: If, by the time specified in this Agreement, Seller does not Deliver to Buyer a removal of the applicable contingency or cancellation of this Agreement, then Buyer, after first Delivering to Seller a Notice to Seller to Perform (C.A.R. Form NSP), may cancel this Agreement. In such event, Seller shall authorize the return of Buyer's deposit, except for fees allocated to Seller in the Agreement and already paid by Escrow prior to cancellation of this Agreement and notification to Escrow. (2) BUYER RIGHT TO CANCEL; SELLER CONTRACT OBLIGATIONS: If, by the time specified, Seller has not Delivered any item specified in paragraph 3N(1) or Seller has not performed any Seller contractual obligation included in this Agreement by the time specified, Buyer, after first Delivering to Seller a Notice to Seller to Perform, may cancel this Agreement. (3) BUYER RIGHT TO CANCEL; BUYER CONTINGENCIES: Buyer may cancel this Agreement by good faith exercise of any Buyer contingency included in paragraph 8, or Otherwise Agreed, so long as that contingency has not already been removed in writing.
E. NOTICE TO BUYER OR SELLER TO PERFORM: The Notice to Buyer to Perform or Notice to Seller to Perform shall: (i) be in writing; (ii) be Signed by the applicable Buyer or Seller; and (iii) give the other Party at least 2 Days after Delivery (or until the time specified in the applicable paragraph, whichever occurs last) to take the applicable action. A Notice to Buyer to Perform or Notice to Seller to Perform may not be Delivered any earlier than 2 Days prior to the Scheduled Performance Day to remove a contingency or cancel this Agreement or meet an obligation specified in paragraph 17, whether or not the Scheduled Performance Day falls on a Saturday, Sunday or legal holiday. If a Notice to Buyer to Perform or Notice to Seller to Perform is incorrectly Delivered or specifies a time less than the agreed time, the notice shall be deemed invalid and void and Seller or Buyer shall be required to Deliver a new Notice to Buyer to Perform or Notice to Seller to Perform with the specified timeframe.
F. EFFECT OF REMOVAL OF CONTINGENCIES:
(1) REMOVAL OF BUYER CONTINGENCIES: If Buyer removes any contingency or cancellation rights, unless Otherwise Agreed, Buyer shall conclusively be deemed to have: (i) completed all Buyer Investigations, and review of reports and other applicable information and disclosures pertaining to that contingency or cancellation right; (ii) elected to proceed with the transaction; and (iii) assumed all liability, responsibility and expense for the non-delivery of any reports, disclosures or information outside of Seller's control and for any Repairs or corrections pertaining to that contingency or cancellation right, or for the inability to obtain financing. (2) REMOVAL OF SELLER CONTINGENCIES: If Seller removes any contingency or cancellation rights, unless Otherwise Agreed, Seller shall conclusively be deemed to have: (i) satisfied themselves regarding such contingency, (ii) elected to proceed with the transaction; and (iii) given up any right to cancel this Agreement based on such contingency.
G. DEMAND TO CLOSE ESCROW: Before Buyer or Seller may cancel this Agreement for failure of the other Party to close escrow pursuant to this Agreement, Buyer or Seller must first Deliver to the other Party a Demand to Close Escrow (C.A.R.
Form DCE). The DCE shall: (i) be Signed by the applicable Buyer or Seller; and (ii) give the other Party at least 3 Days after Delivery to close escrow. A DCE may not be Delivered any earlier than 3 Days prior to the Scheduled Performance Day for the Close Of Escrow. If a DCE is incorrectly Delivered or specifies a time less than the agreed time, the DCE shall be deemed invalid and void and Seller or Buyer shall be required to Deliver a new DCE.
VLPA REVISED 6/22 (PAGE 10 OF 16) Buyer's Initials / Seller's Initials / VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 10 OF 16) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com APNs 0232-091 18 and 19, Fontana, 92335 August 12, 2022 Takay and
Authentisign ID: FCE27B09-6AAF-4A62-BD77-EC45975042FA
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Property Address: Date:
H. EFFECT OF CANCELLATION ON DEPOSITS: If Buyer or Seller gives written notice of cancellation pursuant to rights duly exercised under the terms of this Agreement, the Parties agree to Sign and Deliver mutual instructions to cancel the sale and escrow and release deposits, if any, to the Party entitled to the funds, less (i) fees and costs paid by Escrow Holder on behalf of that Party, if required by this Agreement; and (ii) any escrow cancellation fee charged to that party. Fees and costs may be payable to service providers and vendors for services and products provided during escrow. A release of funds will require mutual Signed release instructions from the Parties, judicial decision or arbitration award. A Party may be subject to a civil penalty of up to $1,000 for refusal to Sign cancellation instructions if no good faith dispute exists as to which Party is entitled to the deposited funds (Civil Code § 1057.3). Note: Neither Agents nor Escrow Holder are qualified to provide any opinion on whether either Party has acted in good faith or which Party is entitled to the deposited funds.
Buyer and Seller are advised to seek the advice of a qualified California real estate attorney regarding this matter.
18. REPAIRS: Repairs shall be completed prior to final verification of condition unless Otherwise Agreed. Repairs to be performed at Seller's expense may be performed by Seller or through others, provided that the work complies with applicable Law, including governmental permit, inspection and approval requirements. Repairs shall be performed in a good, skillful manner with materials of quality and appearance comparable to existing materials. Buyer acknowledges that exact restoration of appearance or cosmetic items following all Repairs may not be possible. Seller shall: (i) obtain invoices and paid receipts for Repairs performed by others; (ii) prepare a written statement indicating the Repairs performed by Seller and the date of such Repairs; and (iii) provide Copies of invoices and paid receipts and statements to Buyer prior to final verification of condition.
19. FINAL VERIFICATION OF CONDITION: Buyer shall have the right to make a final verification of the Property condition within the time specified in paragraph 3J, NOT AS A CONTINGENCY OF THE SALE, but solely to confirm: (i) the Property is maintained pursuant to paragraph 7B; (ii) Repairs have been completed as agreed; and (iii) Seller has complied with Seller's other obligations under this Agreement (C.A.R. Form VP).
20. PRORATIONS OF PROPERTY TAXES AND OTHER ITEMS: Unless Otherwise Agreed, the following items shall be PAID CURRENT and prorated between Buyer and Seller as of Close Of Escrow: real property taxes and assessments, interest, Seller rental payments, OA regular assessments due prior to Close Of Escrow, premiums on insurance assumed by Buyer, payments on bonds and assessments assumed by Buyer, and payments on Mello-Roos and other Special Assessment District bonds and assessments that are now a lien. Seller shall pay any OA special or emergency assessments due prior to Close Of Escrow. The following items shall be assumed by Buyer WITHOUT CREDIT toward the purchase price: prorated payments on Mello-Roos and other Special Assessment District bonds and assessments and OA special or emergency assessments that are due after Close Of Escrow. Property will be reassessed upon change of ownership. Any supplemental tax bills delivered to Escrow Holder prior to closing shall be prorated and paid as follows: (i) for periods after Close Of Escrow, by Buyer; and (ii) for periods prior to Close Of Escrow, by Seller (see C.A.R.
Form SPT or SBSA for further information). Seller agrees all service fees, maintenance costs and utility bills will be paid current up and through the date of Close Of Escrow. TAX BILLS AND UTILITY BILLS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. Prorations shall be made based on a 30-day month.
21. BROKERS AND AGENTS:
A. COMPENSATION: Seller or Buyer, or both, as applicable, agree to pay compensation to Broker as specified in a separate written agreement between Broker and that Seller or Buyer. Compensation is payable upon Close Of Escrow, or if escrow does not close, as otherwise specified in the agreement between Broker and that Seller or Buyer.
B. SCOPE OF DUTY: Buyer and Seller acknowledge and agree that Agent: (i) Does not decide what price Buyer should pay or Seller should accept; (ii) Does not guarantee the condition of the Property; (iii) Does not guarantee the performance, adequacy or completeness of inspections, services, products or repairs provided or made by Seller or others; (iv) Does not have an obligation to conduct an inspection of common areas or areas off the site of the Property; (v) Shall not be responsible for identifying defects on the Property, in common areas, or offsite unless such defects are visually observable by an inspection of reasonably accessible areas of the Property or are known to Agent; (vi) Shall not be responsible for inspecting public records or permits concerning the title or use of Property; (vii) Shall not be responsible for identifying the location of boundary lines or other items affecting title; (viii) Shall not be responsible for verifying square footage, representations of others or information contained in Investigation reports, Multiple Listing Service, advertisements, flyers or other promotional material; (ix) Shall not be responsible for determining the fair market value of the Property or any personal property included in the sale; (x) Shall not be responsible for providing legal or tax advice regarding any aspect of a transaction entered into by Buyer or Seller; and (xi) Shall not be responsible for providing other advice or information that exceeds the knowledge, education and experience required to perform real estate licensed activity.
Buyer and Seller agree to seek legal, tax, insurance, title and other desired assistance from appropriate professionals.
C. BROKERAGE: Neither Buyer nor Seller has utilized the services of, or for any other reason owes compensation to, a licensed real estate broker (individual or corporate), agent, finder, or other entity, other than as specified in this Agreement, in connection with any act relating to the Property, including, but not limited to, inquiries, introductions, consultations, and negotiations leading to this Agreement. Buyer and Seller each agree to indemnify and hold the other, the Brokers specified herein and their agents, harmless from and against any costs, expenses or liability for compensation claimed inconsistent with the warranty and representation in this paragraph.
22. JOINT ESCROW INSTRUCTIONS TO ESCROW HOLDER:
A. The following paragraphs, or applicable portions thereof, of this Agreement constitute the joint escrow instructions of Buyer and Seller to Escrow Holder, which Escrow Holder is to use along with any related counter offers and addenda, and any additional mutual instructions to close the escrow: paragraphs 1, 3A, 3B, 3D-G, 3N(2), 3Q, 3S, 4A, 4B, 5A(1-2) 5D, 5E, 11A, 11D(2), 16 (except 16D), 17H, 20, 21A, 22, 26, 32, 34, 35, 39, 40, and paragraph 3 of the Real Estate Brokers Section. If a Copy of the separate compensation agreement(s) provided for in paragraph 21A or paragraph 3 of the Real Estate Brokers Section is deposited with Escrow Holder by Agent, Escrow Holder shall accept such agreement(s) and pay out from Buyer's or Seller's funds, or both, as applicable, the Broker's compensation provided for in such agreement(s). The terms and conditions of this Agreement not set forth in the specified paragraphs are additional matters for the information of Escrow Holder, but about which Escrow Holder need not be concerned.
B. Buyer and Seller will receive Escrow Holder's general provisions, if any, directly from Escrow Holder. To the extent the general provisions are inconsistent or conflict with this Agreement, the general provisions will control as to the duties and obligations of Escrow Holder only. Buyer and Seller shall Sign and return Escrow Holder's general provisions or supplemental instructions within the time specified in paragraph 3N(2). Buyer and Seller shall execute additional instructions, documents and forms provided by Escrow Holder that are reasonably necessary to close the escrow and, as directed by Escrow Holder, within 3 Days, shall pay to Escrow Holder or OA or OA management company or others any fee required by paragraphs 3, 8, 11, or elsewhere in this Agreement.
VLPA REVISED 6/22 (PAGE 11 OF 16) Buyer's Initials / Seller's Initials / VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 11 OF 16) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com APNs 0232-091 18 and 19, Fontana, 92335 August 12, 2022 Takay and
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46179
Property Address: Date:
C. A Copy of this Agreement including any counter offer(s) and addenda shall be delivered to Escrow Holder within 3 Days after Acceptance. Buyer and Seller authorize Escrow Holder to accept and rely on Copies and Signatures as defined in this Agreement as originals, to open escrow and for other purposes of escrow. The validity of this Agreement as between Buyer and Seller is not affected by whether or when Escrow Holder Signs this Agreement. Escrow Holder shall provide Seller's Statement of Information to Title Company when received from Seller, if a separate company is providing title insurance. If Seller delivers an affidavit to Escrow Holder to satisfy Seller's FIRPTA obligation under paragraph 11A, Escrow Holder shall deliver to Buyer, Buyer's Agent, and Seller's Agent a Qualified Substitute statement that complies with federal Law. If Escrow Holder's Qualified Substitute statement does not comply with federal law, the Parties instruct escrow to withhold all applicable required amounts under paragraph 11A.
D. Agents are not a party to the escrow except for the sole purpose of receiving compensation pursuant to paragraph 21A and paragraph 3 of the Real Estate Brokers Section. If a Copy of the separate compensation agreement(s) provided for in either of those paragraphs is deposited with Escrow Holder by Agent, Escrow Holder shall accept such agreement(s) and pay out from Buyer's or Seller's funds, or both, as applicable, the Broker's compensation provided for in such agreement(s).Buyer and Seller irrevocably assign to Brokers compensation specified in paragraph 21A, and irrevocably instruct Escrow Holder to disburse those funds to Brokers at Close Of Escrow or pursuant to any other mutually executed cancellation agreement. Compensation instructions can be amended or revoked only with the written consent of Brokers. Buyer and Seller shall release and hold harmless Escrow Holder from any liability resulting from Escrow Holder's payment to Broker(s) of compensation pursuant to this Agreement.
E. Buyer and Seller acknowledge that Escrow Holder may require invoices for expenses under this Agreement. Buyer and Seller, upon request by Escrow Holder, within 3 Days or within a sufficient time to close escrow, whichever is sooner, shall provide any such invoices to Escrow Holder.
F. Upon receipt, Escrow Holder shall provide Buyer, Seller, and each Agent verification of Buyer's deposit of funds pursuant to paragraph 5A(1) and 5A(2). Once Escrow Holder becomes aware of any of the following, Escrow Holder shall immediately notify each Agent: (i) if Buyer's initial or any additional deposit or down payment is not made pursuant to this Agreement, or is not good at time of deposit with Escrow Holder; or (ii) if Buyer and Seller instruct Escrow Holder to cancel escrow.
G. A Copy of any amendment that affects any paragraph of this Agreement for which Escrow Holder is responsible shall be delivered to Escrow Holder within 3 Days after mutual execution of the amendment.
23. SELECTION OF SERVICE PROVIDERS: Agents do not guarantee the performance of any vendors, service or product providers (“Providers”), whether referred by Agent or selected by Buyer, Seller or other person. Buyer and Seller may select ANY Providers of their own choosing.
24. MULTIPLE LISTING SERVICE (“MLS”): Agents are authorized to report to the MLS that an offer has been accepted and, upon Close Of Escrow, the sales price and other terms of this transaction shall be provided to the MLS to be published and disseminated to persons and entities authorized to use the information on terms approved by the MLS. Buyer acknowledges that: (i) any pictures, videos, floor plans (collectively, “Images”) or other information about the Property that has been or will be inputted into the MLS or internet portals, or both, at the instruction of Seller or in compliance with MLS rules, will not be removed after Close Of Escrow; (ii) California Civil Code § 1088(c) requires the MLS to maintain such Images and information for at least three years and as a result they may be displayed or circulated on the Internet, which cannot be controlled or removed by Seller or Agents; and (iii) Seller, Seller's Agent, Buyer's Agent, and MLS have no obligation or ability to remove such Images or information from the Internet.
25. ATTORNEY FEES AND COSTS: In any action, proceeding, or arbitration between Buyer and Seller arising out of this Agreement, the prevailing Buyer or Seller shall be entitled to reasonable attorney fees and costs from the non-prevailing Buyer or Seller, except as provided in paragraph 37A.
26. ASSIGNMENT: Buyer shall have the right to assign all of Buyer's interest in this Agreement to Buyer's own trust or to any wholly owned entity of Buyer that is in existence at the time of such assignment. Otherwise, Buyer shall not assign all or any part of Buyer's interest in this Agreement without first having obtained the separate written consent of Seller to a specified assignee. Such consent shall not be unreasonably withheld. Prior to any assignment, Buyer shall disclose to Seller the name of the assignee and the amount of any monetary consideration between Buyer and assignee. Buyer shall provide assignee with all documents related to this Agreement including, but not limited to, the Agreement and any disclosures. If assignee is a wholly owned entity or trust of Buyer, that assignee does not need to re-sign or initial all documents provided. Whether or not an assignment requires seller's consent, at the time of assignment, assignee shall deliver a letter from assignee's lender that assignee is prequalified or preapproved as specified in paragraph 6B. Should assignee fail to deliver such a letter, Seller, after first giving Assignee an Notice to Buyer to Perform, shall have the right to terminate the assignment. Buyer shall, within the time specified in paragraph 3K, Deliver any request to assign this Agreement for Seller's consent. If Buyer fails to provide the required information within this time frame, Seller's withholding of consent shall be deemed reasonable. Any total or partial assignment shall not relieve Buyer of Buyer's obligations pursuant to this Agreement unless Otherwise Agreed by Seller (C.A.R. Form AOAA).
27. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon, and inure to the benefit of, Buyer and Seller and their respective successors and assigns, except as otherwise provided herein.
28. ENVIRONMENTAL HAZARD CONSULTATION: Buyer and Seller acknowledge: (i) Federal, state, and local legislation impose liability upon existing and former owners and users of real property, in applicable situations, for certain legislatively defined, environmentally hazardous substances; (ii) Agent(s) has/have made no representation concerning the applicability of any such Law to this transaction or to Buyer or to Seller, except as otherwise indicated in this Agreement; (iii) Agent(s) has/have made no representation concerning the existence, testing, discovery, location, and evaluation of/for, and risks posed by, environmentally hazardous substances, if any, located on or potentially affecting the Property; and (iv) Buyer and Seller are each advised to consult with technical and legal experts concerning the existence, testing, discover, location and evaluation of/for, and risks posed by, environmentally hazardous substances, in any, located on or potentially affecting the Property.
29. AMERICANS WITH DISABILITIES ACT: The Americans With Disabilities Act (“ADA”) prohibits discrimination against individuals with disabilities. The ADA affects almost all commercial facilities and public accommodations. Residential properties are not typically covered by the ADA, but may be governed by its provisions if used for certain purposes. The ADA can require, among other things, that building be made readily accessible to the disabled. Different requirements apply to new construction, alterations to existing buildings, and removal of barriers in existing buildings. Compliance with the ADA may require significant costs. Monetary and injunctive remedies may be incurred if the Property is not in compliance. A real estate broker or agent does not have the technical expertise to determine whether a building is in compliance with ADA requirements, or to advise a principal on those requirements. Buyer and Seller are advised to contact a qualified California real estate attorney, contractor, architect, engineer, or other qualified professional of Buyer or Seller's own choosing to determine to what degree, if any, the ADA impacts that principal or this transaction.
30. EQUAL HOUSING OPPORTUNITY: The Property is sold in compliance with federal, state and local anti-discrimination Laws.
VLPA REVISED 6/22 (PAGE 12 OF 16) Buyer's Initials / Seller's Initials / VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 12 OF 16) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com APNs 0232-091 18 and 19, Fontana, 92335 August 12, 2022 Takay and
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46280
Property Address: Date:
31. COPIES: Seller and buyer each represent that Copies of all reports, certificates, approvals, and other documents that are furnished to the other are true, correct, and unaltered Copies of the original documents, if the originals are in the possession of the furnishing party.
32. DEFINITIONS and INSTRUCTIONS: The following words are defined terms in this Agreement, shall be indicated by initial capital letters throughout this Agreement, and have the following meaning whenever used:
A. “Acceptance” means the time the offer or final counter offer is fully executed, in writing, by the recipient Party and is Delivered to the offering Party or that Party's Authorized Agent.
B. “Agent” means the Broker, salesperson, broker-associate or any other real estate licensee licensed under the brokerage firm identified in paragraph 2B.
C. “Agreement” means this document and any counter offers and any incorporated addenda or amendments, collectively forming the binding agreement between the Parties. Addenda and amendments are incorporated only when Signed and Delivered by all Parties.
D. “As-Is” condition: Seller shall disclose known material facts and defects as specified in this Agreement. Buyer has the right to inspect the Property and, within the time specified, request that Seller make repairs or take other corrective action, or exercise any contingency cancellation rights in this Agreement. Seller is only required to make repairs specified in this Agreement or as Otherwise Agreed.
E. “Authorized Agent” means an individual real estate licensee specified in the Real Estate Broker Section.
F. “C.A.R. Form” means the most current version of the specific form referenced or another comparable form agreed to by the Parties.
G. “Close Of Escrow”, including “COE”, means the date the grant deed, or other evidence of transfer of title, is recorded for any real property, or the date of Delivery of a document evidencing the transfer of title for any non-real property transaction.
H. “Copy” means copy by any means including photocopy, facsimile and electronic.
I. Counting Days is done as follows unless Otherwise Agreed: (1) The first Day after an event is the first full calendar date following the event, and ending at 11:59 pm. For example, if a Notice to Buyer to Perform (C.A.R. form NBP) is Delivered at 3 pm on the 7th calendar day of the month, or Acceptance of a counter offer is personally received at 12 noon on the 7th calendar day of the month, then the 7th is Day “0” for purposes of counting days to respond to the NBP or calculating the Close Of Escrow date or contingency removal dates and the 8th of the month is Day 1 for those same purposes. (2) All calendar days are counted in establishing the first Day after an event. (3) All calendar days are counted in determining the date upon which performance must be completed, ending at 11:59 pm on the last day for performance (“Scheduled Performance Day”). (4) After Acceptance, if the Scheduled Performance Day for any act required by this Agreement, including Close Of Escrow, lands on a Saturday, Sunday, or legal holiday, the performing party shall be allowed to perform on the next day that is not a Saturday, Sunday or legal holiday (“Allowable Performance Day”), and ending at 11:59 pm. (5) For the purposes of COE, any day that the Recorder's office in the County where the Property is located is closed, the COE shall occur on the next day the Recorder's office in that County is open. (6) COE is considered Day 0 for purposes of counting days Seller is allowed to remain in possession, if permitted by this Agreement.
J. “Day" or "Days” means calendar day or days. However, delivery of deposit to escrow is based on business days.
K. “Deliver”, “Delivered” or “Delivery” of documents, unless Otherwise Agreed, means and shall be effective upon personal receipt of the document by Buyer or Seller or their Authorized Agent. Personal receipt means (i) a Copy of the document, or as applicable, link to the document, is in the possession of the Party or Authorized Agent, regardless of the Delivery method used (i.e. e-mail, text, other), or (ii) an Electronic Copy of the document, or as applicable, link to the document, has been sent to any of the designated electronic delivery addresses specified in the Real Estate Broker Section on page 16. After Acceptance, Agent may change the designated electronic delivery address for that Agent by, in writing, Delivering notice of the change in designated electronic delivery address to the other Party. Links could be, for example, to DropBox or GoogleDrive or other functionally equivalent program. If the recipient of a link is unable or unwilling to open the link or download the documents or otherwise prefers Delivery of the documents directly, Recipient of a link shall notify the sender in writing, within 3 Days after Delivery of the link (C.A.R. Form RFR). In such case, Delivery shall be effective upon Delivery of the documents and not the link. Failure to notify sender within the time specified above shall be deemed consent to receive, and Buyer opening, the document by link.
L. “Electronic Copy” or “Electronic Signature” means, as applicable, an electronic copy or signature complying with California Law. Buyer and Seller agree that electronic means will not be used by either Party to modify or alter the content or integrity of this Agreement without the knowledge and consent of the other Party.
M. “Law” means any law, code, statute, ordinance, regulation, rule or order, which is adopted by a controlling city, county, state or federal legislative, judicial or executive body or agency.
N. "Legally Authorized Signer" means an individual who has authority to Sign for the principal as specified in paragraph 39 or paragraph 40.
O. “Otherwise Agreed” means an agreement in writing, signed by both Parties and Delivered to each.
P. “Repairs” means any repairs (including pest control), alterations, replacements, modifications or retrofitting of the Property provided for under this Agreement.
Q. "Sign" or “Signed” means either a handwritten or Electronic Signature on an original document, Copy or any counterpart.
33. TERMS AND CONDITIONS OF OFFER: This is an offer to purchase the Property on the terms and conditions herein. The individual Liquidated Damages and Arbitration of Disputes paragraphs are incorporated in this Agreement if initialed by all Parties or if incorporated by mutual agreement in a Counter Offer or addendum. If at least one but not all Parties initial, a Counter Offer is required until agreement is reached. Seller has the right to continue to offer the Property for sale and to accept any other offer at any time prior to notification of Acceptance and to market the Property for backup offers after Acceptance. The Parties have read and acknowledge receipt of a Copy of the offer and agree to the confirmation of agency relationships. If this offer is accepted and Buyer subsequently defaults, Buyer may be responsible for payment of Brokers' compensation. This Agreement and any supplement, addendum or modification, including any Copy, may be Signed in two or more counterparts, all of which shall constitute one and the same writing. By signing this offer or any document in the transaction, the Party Signing the document is deemed to have read the document in its entirety.
34. TIME OF ESSENCE; ENTIRE CONTRACT; CHANGES: Time is of the essence. All understandings between the Parties are incorporated in this Agreement. Its terms are intended by the Parties as a final, complete and exclusive expression of their Agreement with respect to its subject matter and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. If any provision of this Agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. Except as Otherwise Agreed, this Agreement shall be interpreted, and disputes shall be resolved in accordance with the Laws of the State of California. Neither this Agreement nor any provision in it may be extended, amended, modified, altered or changed, except in writing Signed by Buyer and Seller.
VLPA REVISED 6/22 (PAGE 13 OF 16) Buyer's Initials / Seller's Initials / VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 13 OF 16) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com APNs 0232-091 18 and 19, Fontana, 92335 August 12, 2022 Takay and
Authentisign ID: FCE27B09-6AAF-4A62-BD77-EC45975042FA
46381
Property Address: Date:
35. LEGALLY AUTHORIZED SIGNER: Wherever the signature or initials of the Legally Authorized Signer identified in paragraph 39 and 40 appear on this Agreement or any related documents, it shall be deemed to be in a representative capacity for the entity described and not in an individual capacity, unless otherwise indicated. The Legally Authorized Signer (i) represents that the entity for which that person is acting already exists and is in good standing to do business in California and (ii) shall Deliver to the other Party and Escrow Holder, as specified in paragraph 3N(4), evidence of authority to act in that capacity (such as but not limited to:
applicable portion of the trust or Certification Of Trust (Probate Code § 18100.5), letters testamentary, court order, power of attorney, corporate resolution, or formation documents of the business entity).
36. LIQUIDATED DAMAGES:
If Buyer fails to complete this purchase because of Buyer's default, Seller shall retain, as liquidated damages, the deposit actually paid. Release of funds will require mutual, Signed release instructions from both Buyer and Seller, judicial decision or arbitration award. AT THE TIME OF ANY INCREASED DEPOSIT BUYER AND
SELLER SHALL SIGN A SEPARATE LIQUIDATED DAMAGES PROVISION INCORPORATING THE INCREASED DEPOSIT AS LIQUIDATED DAMAGES (C.A.R. FORM DID).
Buyer's Initials / Seller's Initials /
37. MEDIATION:
A. The Parties agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. The mediation shall be conducted through the C.A.R. Real Estate Mediation Center for Consumers (www.consumermediation.org) or through any other mediation provider or service mutually agreed to by the Parties.
The Parties also agree to mediate any disputes or claims with Agents(s), who, in writing, agree to such mediation prior to, or within a reasonable time after, the dispute or claim is presented to the Agent. Mediation fees, if any, shall be divided equally among the Parties involved, and shall be recoverable under the prevailing party attorney fees clause. If, for any dispute or claim to which this paragraph applies, any Party (i) commences an action without first attempting to resolve the matter through mediation, or (ii) before commencement of an action, refuses to mediate after a request has been made, then that Party shall not be entitled to recover attorney fees, even if they would otherwise be available to that Party in any such action. THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED.
B. ADDITIONAL MEDIATION TERMS: (i) Exclusions from this mediation agreement are specified in paragraph 38B; (ii) The obligation to mediate does not preclude the right of either Party to seek a preservation of rights under paragraph 38C; and (iii) Agent's rights and obligations are further specified in paragraph 38D.
38. ARBITRATION OF DISPUTES:
A. The Parties agree that any dispute or claim in Law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. The Parties also agree to arbitrate any disputes or claims with Agents(s), who, in writing, agree to such arbitration prior to, or within a reasonable time after, the dispute or claim is presented to the Agent. The arbitration shall be conducted through any arbitration provider or service mutually agreed to by the Parties, OR . The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of transactional real estate Law experience, unless the Parties mutually agree to a different arbitrator.
Enforcement of, and any motion to compel arbitration pursuant to, this agreement to arbitrate shall be governed by the procedural rules of the Federal Arbitration Act, and not the California Arbitration Act, notwithstanding any language seemingly to the contrary in this Agreement. The Parties shall have the right to discovery in accordance with Code of Civil Procedure § 1283.05. The arbitration shall be conducted in accordance with Title 9 of Part 3 of the Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction.
B. EXCLUSIONS: The following matters are excluded from mediation and arbitration: (i) Any matter that is within the jurisdiction of a probate, small claims or bankruptcy court; (ii) an unlawful detainer action; and (iii) a judicial or nonjudicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or installment land sale contract as defined in Civil Code § 2985.
C. PRESERVATION OF ACTIONS: The following shall not constitute a waiver nor violation of the mediation and arbitration provisions: (i) the filing of a court action to preserve a statute of limitations; (ii) the filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies; or (iii) the filing of a mechanic's lien.
D. AGENTS: Agents shall not be obligated nor compelled to mediate or arbitrate unless they agree to do so in writing.
Any Agents(s) participating in mediation or arbitration shall not be deemed a party to this Agreement.
E. “NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING
OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY
NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING
IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL,
UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU
MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.” “WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING
OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION.”
Buyer's Initials / Seller's Initials /
VLPA REVISED 6/22 (PAGE 14 OF 16) Buyer's Initials / Seller's Initials / VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 14 OF 16) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com APNs 0232-091 18 and 19, Fontana, 92335 August 12, 2022 Takay and
Authentisign ID: FCE27B09-6AAF-4A62-BD77-EC45975042FA
46482
Property Address: Date:
39. OFFER
A. EXPIRATION OF OFFER: This offer shall be deemed revoked and the deposit, if any, shall be returned to Buyer unless by the date and time specified in paragraph 3C, the offer is Signed by Seller and a Copy of the Signed offer is Delivered to Buyer or Buyer's Authorized Agent. Seller has no obligation to respond to an offer made.
B. ENTITY BUYERS: (Note: If this paragraph is completed, a Representative Capacity Signature Disclosure (C.A.R.
Form RCSD) is not required for the Legally Authorized Signers designated below.) (1) One or more Buyers is a trust, corporation, LLC, probate estate, partnership, holding a power of attorney or other entity. (2) This Agreement is being Signed by a Legally Authorized Signer in a representative capacity and not in an individual capacity. See paragraph 35 for additional terms.
(3) The name(s) of the Legally Authorized Signer(s) is/are: , . (4) If a trust, identify Buyer as trustee(s) of the trust or by simplified trust name (ex. John Doe, co-trustee, Jane Doe, co-trustee or Doe Revocable Family Trust). If the entity is a trust or under probate, the following is the full name of the trust or probate case, including case #:
.
C. The VLPA has 16 pages. Buyer acknowledges receipt of, and has read and understands, every page and all attachments that make up the Agreement.
D. BUYER SIGNATURE(S):
(Signature) By, Date:
Printed name of BUYER:
Printed Name of Legally Authorized Signer: Title, if applicable, (Signature) By, Date:
Printed name of BUYER:
Printed Name of Legally Authorized Signer: Title, if applicable, IF MORE THAN TWO SIGNERS, USE Additional Signature Addendum (C.A.R. Form ASA).
40. ACCEPTANCE
A. ACCEPTANCE OF OFFER: Seller warrants that Seller is the owner of the Property or has the authority to execute this Agreement. Seller accepts the above offer and agrees to sell the Property on the above terms and conditions. Seller has read and acknowledges receipt of a Copy of this Agreement and authorizes Agent to Deliver a Signed Copy to Buyer.
Seller's acceptance is subject to the attached Counter Offer or Back-Up Offer Addendum, or both, checked below.
Seller shall return and include the entire agreement with any response.
Seller Counter Offer (C.A.R. Form SCO or SMCO)
Back-Up Offer Addendum (C.A.R. Form BUO)
B. Entity Sellers: (Note: If this paragraph is completed, a Representative Capacity Signature Disclosure form (C.A.R.
Form RCSD) is not required for the Legally Authorized Signers designated below.) (1) One or more Sellers is a trust, corporation, LLC, probate estate, partnership, holding a power of attorney or other entity. (2) This Agreement is being Signed by a Legally Authorized Signer in a representative capacity and not in an individual capacity. See paragraph 35 for additional terms.
(3) The name(s) of the Legally Authorized Signer(s) is/are: , . (4) If a trust, identify Seller as trustee(s) of the trust or by simplified trust name (ex. John Doe, co-trustee, Jane Doe, co-trustee or Doe Revocable Family Trust). If the entity is a trust or under probate, the following is the full name of the trust or probate case, including case #:
.
C. The VLPA has 16 pages. Seller acknowledges receipt of, and has read and understands, every page and all attachments that make up the Agreement.
D. SELLER SIGNATURE(S):
(Signature) By, Date:
Printed name of SELLER:
Printed Name of Legally Authorized Signer: Title, if applicable, (Signature) By, Date:
Printed name of SELLER:
Printed Name of Legally Authorized Signer: Title, if applicable, IF MORE THAN TWO SIGNERS, USE Additional Signature Addendum (C.A.R. Form ASA).
OFFER NOT ACCEPTED: / No Counter Offer is being made. This offer was not accepted by Seller (date) Seller's Initials
VLPA REVISED 6/22 (PAGE 15 OF 16) Buyer's Initials / Seller's Initials / VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 15 OF 16) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com APNs 0232-091 18 and 19, Fontana, 92335 August 12, 2022 Gerardo Herrera
X
Matthew Ballantyne
City of Fontana
X Matthew Ballantyne City Manager
Takay and
Authentisign ID: FCE27B09-6AAF-4A62-BD77-EC45975042FA
46583
Property Address: Date:
REAL ESTATE BROKERS SECTION:
1. Real Estate Agents are not parties to the Agreement between Buyer and Seller.
2. Agency relationships are confirmed as stated in paragraph 2.
3. Cooperating Broker Compensation: Seller's Broker agrees to pay Buyer's Broker and Buyer's Broker agrees to accept, out of Seller's Broker's proceeds in escrow, the amount specified in the MLS, provided Buyer's Broker is a Participant of the MLS in which the Property is offered for sale or a reciprocal MLS. If Seller's Broker and Buyer's Broker are not both Participants of the MLS, or a reciprocal MLS, in which the Property is offered for sale, then compensation must be specified in a separate written agreement (C.A.R. Form CBC). Declaration of License and Tax (C.A.R. Form DLT) may be used to document that tax reporting will be required or that an exemption exists.
4. Presentation of Offer: Pursuant to the National Association of REALTORS® Standard of Practice 1-7, if Buyer's Agent makes a written request, Seller's Agent shall confirm in writing that this offer has been presented to Seller.
5. Agents' Signatures and designated electronic delivery address:
A. Buyer's Brokerage Firm Lic. #
By Lic. # Date
By Lic. # Date
More than one agent from the same firm represents Buyer. Additional Agent Acknowledgement (C.A.R. Form AAA) attached.
More than one brokerage firm represents Buyer. Additional Broker Acknowledgement (C.A.R. Form ABA) attached.
Designated Electronic Delivery Address(es):
Email Text #
Alternate:
if checked, Delivery shall be made to the alternate designated electronic delivery address only.
Address City State Zip
B. Seller's Brokerage Firm Lic. #
By Lic. # Date
By Lic. # Date
More than one agent from the same firm represents Seller. Additional Agent Acknowledgement (C.A.R. Form AAA) attached.
More than one brokerage firm represents Seller. Additional Broker Acknowledgement (C.A.R. Form ABA) attached.
Designated Electronic Delivery Address(es) (To be filled out by Seller's Agent):
Email Text #
Alternate:
if checked, Delivery shall be made to the alternate designated electronic delivery address only.
Address City State Zip
ESCROW HOLDER ACKNOWLEDGMENT:
Escrow Holder acknowledges receipt of a Copy of this Agreement, (if checked, a deposit in the amount of $ ), Counter Offer numbers and , and agrees to act as Escrow Holder subject to paragraph 19 of this Agreement, any supplemental escrow instructions and the terms of Escrow Holder's general provisions.
Escrow Holder is advised by that the date of Acceptance of the Agreement is Escrow Holder Escrow #
By Date
Address
Phone/Fax/E-mail
Escrow Holder has the following license number #
Department of Financial Protection and Innovation, Department of Insurance, Department of Real Estate.
PRESENTATION OF OFFER: / Seller's Brokerage Firm presented this offer to Seller on (date).
Broker or Designee Initials
© 2022, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics.
Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS® 525 South Virgil Avenue, Los Angeles, California 90020
VLPA REVISED 6/22 (PAGE 16 OF 16) Buyer's Initials / Seller's Initials / VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 16 OF 16) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com APNs 0232-091 18 and 19, Fontana, 92335 August 12, 2022 Sierra Realty Fontana, Inc. 02038519
Ken Galasso 00570875
9410 Sierra Ave. Fontana CA 92335
Sierra Realty Fontana, Inc 02038519
Ken Galasso 00570875
Bennett Escrow Services Inc
Takay and
Authentisign ID: FCE27B09-6AAF-4A62-BD77-EC45975042FA
46684
BUYER'S VACANT LAND ADDITIONAL INSPECTION
ADVISORY
(C.A.R. Form BVLIA, 11/13)
Property Address: ("Property").
A. IMPORTANCE OF PROPERTY INVESTIGATION: The physical condition of the land and improvements being purchased is not guaranteed by either Seller or Brokers. For this reason, you should conduct thorough investigations of the Property personally and with professionals who should provide written reports of their investigations. A general physical inspection typically does not cover all aspects of the Property nor items affecting the Property that are not physically located on the Property. If the professionals recommend further investigations, including a recommendation by a pest control operator to inspect inaccessible areas of the Property, you should contact qualified experts to conduct such additional investigations. Additionally, some inspections, such as those listed below, may be of particular importance when purchasing vacant land.
B. BUYER RIGHTS AND DUTIES: You have an affirmative duty to exercise reasonable care to protect yourself, including discovery of the legal, practical and technical implications of disclosed facts, and the investigation and verification of information and facts that you know or that are within your diligent attention and observation. The purchase agreement gives you the right to investigate the Property. If you exercise this right, and you should, you must do so in accordance with the terms of that agreement. This is the best way for you to protect yourself. It is extremely important for you to read all written reports provided by professionals and to discuss the results of inspections with the professional who conducted the inspection. You have the right to request that Seller make repairs, corrections or take other action based upon items discovered in your investigations or disclosed by Seller. If Seller is unwilling or unable to satisfy your requests, or you do not want to purchase the Property in its disclosed and discovered condition, you have the right to cancel the agreement if you act within specific time periods. If you do not cancel the agreement in a timely and proper manner, you may be in breach of contract.
C. SELLER RIGHTS AND DUTIES: Seller is required to disclose to you material facts known to him/her that affect the value or desirability of the Property. However, Seller may not be aware of some Property defects or conditions. Seller does not have an obligation to inspect the Property for your benefit nor is Seller obligated to repair, correct or otherwise cure known defects that are disclosed to you or previously unknown defects that are discovered by you or your inspectors during escrow. The purchase agreement obligates Seller to make the Property available to you for investigations.
D. BROKER OBLIGATIONS: Brokers do not have expertise in all areas and therefore cannot advise you on many items, such as soil stability, geologic or environmental conditions, hazardous or illegal controlled substances, structural conditions of the foundation or other improvements, or the condition of the roof, plumbing, heating, air conditioning, electrical, sewer, septic, waste disposal, or other system. The only way to accurately determine the condition of the Property is through an inspection by an appropriate professional selected by you. If Broker gives you referrals to such professionals, Broker does not guarantee their performance. You may select any professional of your choosing. If you have entered into a written agreement with a Broker, the specific terms of that agreement will determine the nature and extent of that Broker's duty to you. YOU ARE STRONGLY ADVISED TO INVESTIGATE THE CONDITION AND SUITABILITY OF ALL ASPECTS OF THE PROPERTY. IF YOU DO NOT DO SO, YOU ARE ACTING AGAINST THE ADVICE OF BROKERS.
E. YOU ARE ADVISED TO CONDUCT INVESTIGATIONS OF THE ENTIRE PROPERTY, INCLUDING, BUT NOT LIMITED TO THE FOLLOWING:
1. FINANCE: Financing the purchase of vacant land finance and especially financing construction loans for the improvement of vacant land can provide particular challenges, including subordination agreements and insurance requirements. Buyer is advised to seek the assistance of reputable lenders in assistance with their decisions regarding financing of the property.
2. CONSTRUCTION COSTS: If Buyer is contemplating building improvements on the property, Buyer is advised that they will have to contact directly any contractors, service providers, suppliers, architects, utility companies regarding the costs of improvements. Buyer is advised to get written bids from all such persons regarding their decision to develop the property.
3. UTILITIES: Unimproved property may or may not have utilities available to the property. Buyer(s) is advised to obtain information from the public or private utility provider about the availability and cost of providing utilities to the property and whether necessary easements are in place to allow such utilities to the property.
4. ENVIRONMENTAL SURVEY: Unimproved land may have had or may have hazardous materials stored upon or under the land or been used by persons engaged in activities exposing the land to hazardous materials. The land may also be host to protected vegetation or animal life. Buyer(s) is advised to satisfy themselves as what hazards or protected plant or animal life are on the property and what impact they may have on Buyer's future plans for the property by seeking the help of a qualified professional.
Buyer's Initials ( ) ( ) Seller's Initials ( ) ( )
© 2013, California Association of REALTORS®, Inc.
BVLIA 11/13 (PAGE 1 OF 2)
BUYER'S VACANT LAND ADDITIONAL INSPECTION ADVISORY (BVLIA PAGE 1 OF 2) Phone: Fax:
Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com APNs 0232-091 18 and 19, Fontana, 92335
Sierra Realty, 9410 Sierra Ave. Fontana CA 92335 909.822.1200 909.822.0324 Takay and Ken Galasso
Authentisign ID: FCE27B09-6AAF-4A62-BD77-EC45975042FA
46785
Property Address: Date:
5. NATURAL HAZARDS REPORTS: Buyer(s) is advised that while certain disclosures are required by state, federal and local laws, hazard disclosure companies can provide additional disclosures for both natural and man-made hazards or nuisances for a cost.
Buyer is advised to seek the advice of a natural hazards reporting company regarding additional reports and disclosures that buyer may wish to obtain.
6. SUBDIVISION OF THE PROPERTY: If Buyer's plans include future subdivision of the property (whether under the Subdivision Map Act of the Subdivided Lands Law) multiple, complex issues regarding city, county, state, and federal laws may be presented.
Buyer is strongly advised to seek the advice of California legal counsel familiar with federal, state and local subdivision requirements.
Buyer and Seller acknowledge and agree that Broker: (i) Does not decide what price Buyer should pay or Seller should accept; (ii) Does not guarantee the condition of the Property; (iii) Does not guarantee the performance, adequacy or completeness of inspections, services, products or repairs provided or made by Seller or others; (iv) Does not have an obligation to conduct an inspection of common areas or areas off the site of the Property; (v) Shall not be responsible for identifying defects on the Property, in common areas, or offsite unless such defects are visually observable by an inspection of reasonably accessible areas of the Property or are known to Broker; (vi) Shall not be responsible for inspecting public records or permits concerning the title or use of Property; (vii) Shall not be responsible for identifying the location of boundary lines or other items affecting title; (viii) Shall not be responsible for verifying square footage, representations of others or information contained in Investigation reports, Multiple Listing Service, advertisements, flyers or other promotional material; (ix) Shall not be responsible for providing legal or tax advice regarding any aspect of a transaction entered into by Buyer or Seller; and (x) Shall not be responsible for providing other advice or information that exceeds the knowledge, education and experience required to perform real estate licensed activity. Buyer and Seller agree to seek legal, tax, insurance, title and other desired assistance from appropriate professionals.
By signing below, Buyer and Seller each acknowledge that they have read, understand, accept and have received a Copy of this Advisory. Buyer is encouraged to read it carefully.
SELLER Date
SELLER Date
BUYER Date
BUYER Date
© 2013, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats.
THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL.
This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics.
Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the California Association of REALTORS® 525 South Virgil Avenue, Los Angeles, California 90020
BVLIA 11/13 (PAGE 2 OF 2)
BUYER'S VACANT LAND ADDITIONAL INSPECTION ADVISORY (BVLIA PAGE 2 OF 2) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com APNs 0232-091 18 and 19, Fontana, 92335
City of Fontana
Gerardo Herrera
Takay and
Authentisign ID: FCE27B09-6AAF-4A62-BD77-EC45975042FA
46886
FAIR APPRAISAL ACT ADDENDUM
(C.A.R. Form FAAA, 6/22)
The following terms and conditions are hereby incorporated in and made a part of the Purchase Agreement, OR Other (“Agreement”),
dated , on property known as ("Property"),
in which is referred to as (“Seller”)
and is referred to as (“Buyer”).
Any appraisal of the property is required to be unbiased, objective, and not influenced by improper or illegal considerations, including, but not limited to, any of the following: race, color, religion (including religious dress, grooming practices, or both), gender (including, but not limited to, pregnancy, childbirth, breastfeeding, and related conditions, and gender identity and gender expression), sexual orientation, marital status, medical condition, military or veteran status, national origin (including language use and possession of a driver's license issued to persons unable to provide their presence in the United States is authorized under federal law), source of income, ancestry, disability (mental and physical, including, but not limited to, HIV/ AIDS status, cancer diagnosis, and genetic characteristics), genetic information, or age.
If a buyer or seller believes that the appraisal has been influenced by any of the above factors, the seller or buyer can report this information to the lender or mortgage broker that retained the appraiser and may also file a complaint with the Bureau of Real Estate Appraisers at https://www2.brea.ca.gov/complaint/ or call (916) 552-9000 for further information on how to file a complaint.
By signing below, Buyer and Seller has each read, understands and acknowledges receipt of a copy of this Fair Appraisal Act Addendum.
Buyer Date
Buyer Date
Seller Date
Seller Date
© 2022, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics.
Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS® 525 South Virgil Avenue, Los Angeles, California 90020
FAAA 6/22 (PAGE 1 OF 1)
FAIR APPRAISAL ACT ADDENDUM (FAAA PAGE 1 OF 1)
Phone: Fax:
Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com APNs 0232-091 18 and 19, Fontana, 92335
City of Fontana
Gerardo Herrera
Gerardo Herrera
City of Fontana
Sierra Realty, 9410 Sierra Ave. Fontana CA 92335 909.822.1200 909.822.0324 Takay and Ken Galasso
Authentisign ID: FCE27B09-6AAF-4A62-BD77-EC45975042FA
46987
CALIFORNIA CONSUMER PRIVACY ACT ADVISORY,
DISCLOSURE AND NOTICE
(C.A.R. Form CCPA, Revised 12/21)
The California Consumer Privacy Act (commencing with Civil Code § 1798.100) (“CCPA”) grants to California residents certain rights in their private, personal information (“PI”) that is collected by companies with whom they do business.
Under the CCPA, PI is defined broadly to encompass non-public records information that could reasonably be linked directly or indirectly to you. PI could potentially include photographs of, or sales information about, your property.
During the process of buying and selling real estate your PI will be collected and likely shared with others, including real estate licensees, a Multiple Listing Service, real estate internet websites, service providers, lenders, and title and escrow companies, to name several possibilities. Businesses that are covered by the CCPA are required to grant you various rights in your PI, including the right to know what PI is collected, “opt out” or stop the transfer of your PI to others, and the right to request that the business delete your PI entirely. You may get one or more notices regarding your CCPA rights from businesses you interact with in a real estate transaction. However, not all businesses that receive or share your PI are obligated to comply with the CCPA. Also, even businesses that are otherwise covered under the CCPA may have a legal obligation to maintain PI, notwithstanding your instruction to the contrary. For instance, regardless of whether they are covered by CCPA, under California law, brokers and Multiple Listing Services are required to maintain their records for 3 years. If you wish to exercise your rights under CCPA, where applicable, you should contact the respective business directly.
You can obtain more information about the CCPA and your rights under the law from the State of California Department of Justice (oag.ca.gov/privacy/ccpa).
I/we acknowledge receipt of a copy of this California Consumer Privacy Act Advisory, Disclosure and Notice.
Buyer/Seller/Landlord/Tenant Date
Buyer/Seller/Landlord/Tenant Date
© 2021, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics.
Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS® 525 South Virgil Avenue, Los Angeles, California 90020
CCPA REVISED 12/21 (PAGE 1 OF 1)
CALIFORNIA CONSUMER PRIVACY ACT ADVISORY (CCPA PAGE 1 OF 1) Phone: Fax:
Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com Gerardo Herrera
Sierra Realty, 9410 Sierra Ave. Fontana CA 92335 909.822.1200 909.822.0324 Takay and Ken Galasso
Authentisign ID: FCE27B09-6AAF-4A62-BD77-EC45975042FA
47088
SELLER FINANCING ADDENDUM AND DISCLOSURE
(SEE IMPORTANT DISCLOSURE ON PAGE 4)
(California Civil Code §§ 2956-2967)
(C.A.R. Form SFA, Revised 6/22)
This is an addendum to the Purchase Agreement, OR Counter Offer No. , Other , ("Agreement"), dated ,
On property known as ("Property"),
between ("Buyer"),
and ("Seller").
Buyer and Seller are referred to as the "Parties."
PRIOR TO ENTERING INTO THIS SELLER FINANCING ADDENDUM, BUYER AND SELLER ARE ADVISED TO SEEK LEGAL
AND TAX ADVICE FROM A QUALIFIED CALIFORNIA REAL ESTATE ATTORNEY AND TAX CONSULTANT Seller agrees to extend credit to Buyer as follows:
1. PRINCIPAL; INTEREST; PAYMENT; MATURITY TERMS: Principal amount $ , interest at % per annum, payable at approximately $ per month, year, or other , remaining principal balance due in years. (Note: An interest rate of “0” or other rate below the Applicable Federal Rate” may trigger a tax on the seller for the amount of interest that would have been received if the minimum Applicable Federal Rate was charged.)
2. LOAN APPLICATION; CREDIT REPORT: Within 5 (or ) Days After Acceptance: (a) Buyer shall provide Seller a completed loan application on a form acceptable to Seller (such as a FNMA/FHLMC Uniform Residential Loan Application for residential one to four unit properties); and (b) Buyer authorizes Seller and/or Agent to obtain, at Buyer's expense, a copy of Buyer's credit report.
Buyer shall provide any supporting documentation reasonably requested by Seller. Seller, after first giving Buyer a Notice to Buyer to Perform, may cancel this Agreement in writing and authorize return of Buyer's deposit if Buyer fails to provide such documents within that time, or if Seller disapproves any above item within 5 (or ) Days After receipt of each item.
3. CREDIT DOCUMENTS: This extension of credit by Seller will be evidenced by: Note and deed of trust; All-inclusive note and deed of trust; Installment land sale contract; Lease/option (when Parties intend transfer of equitable title); OR Other (specify)
THE FOLLOWING TERMS APPLY ONLY IF CHECKED. SELLER IS ADVISED TO READ ALL TERMS, EVEN THOSE NOT CHECKED, TO UNDERSTAND WHAT IS OR IS NOT INCLUDED, AND, IF NOT INCLUDED, THE CONSEQUENCES THEREOF.
4. LATE CHARGE: If any payment is not made within Days After it is due, a late charge of either $ , or % of the installment due, may be charged to Buyer. NOTE: On single family residences that Buyer intends to occupy, California Civil Code § 2954.4(a) limits the late charge to no more than 6% of the total installment payment due and requires a grace period of no less than 10 days.
5. BALLOON PAYMENT: The extension of credit will provide for a balloon payment, in the amount of $ , plus any accrued interest, which is due on (date).
6. PREPAYMENT: If all or part of this extension of credit is paid early, Seller may charge a prepayment penalty as follows (if applicable): . Caution: California Civil Code § 2954.9 contains limitations on prepayment penalties for residential one-to-four unit properties.
7. DUE ON SALE: If any interest in the Property is sold or otherwise transferred, Seller has the option to require immediate payment of the entire unpaid principal balance, plus any accrued interest.
8.* REQUEST FOR COPY OF NOTICE OF DEFAULT: (Note: Only applicable if seller is financing a loan secured by a second or junior lien.) A request for a copy of Notice of Default as defined in California Civil Code § 2924b will be recorded and recording fees paid for by Buyer, Seller. If Not, Seller is advised to consider recording a Request for Notice of Default.
9.* REQUEST FOR NOTICE OF DELINQUENCY: (Note: Only applicable if seller is financing a loan secured by a second or junior lien. Statutory request for notice of delinquency is only valid for 5 years but may be renewed.) A request for Notice of Delinquency, as defined in California Civil Code § 2924e, to be signed, recorded and sent to senior lienholders, and recording and statutory lienholder fees paid for by Buyer, Seller will be made to senior lienholders. If not, Seller is advised to consider making a Request for Notice of Delinquency. Seller is advised to check with senior lienholders to verify whether they will honor this request.
10.* TAX SERVICE:
A. If property taxes on the Property become delinquent, tax service will be arranged to report to Seller. If not, Seller is advised to consider retaining a tax service, or to otherwise determine that property taxes are paid.
B. Buyer, Seller, shall be responsible for the initial and continued retention of, and payment for, such tax service.
11. TITLE INSURANCE: Title insurance coverage will be provided to both Seller and Buyer, insuring their respective interests in the Property. If not, Buyer and Seller are advised to consider securing such title insurance coverage.
12. HAZARD INSURANCE: (Note: Not applicable to vacant land unless insurable structures are on the land.) A. The Parties' escrow holder or insurance carrier will be directed to include a loss payee endorsement, adding Seller to the Property insurance policy. If not, Seller is advised to secure such an endorsement, or acquire a separate insurance policy.
B. Property insurance does not include earthquake or flood insurance coverage, unless checked:
Earthquake insurance will be obtained; Flood insurance will be obtained.
13. PROCEEDS TO BUYER: Buyer will receive cash proceeds at the close of the sale transaction. The amount received will be approximately $ , from (indicate source of
proceeds). Buyer represents that the purpose of such disbursement is as follows: . *(For Paragraphs 8-10) In order to receive timely and continued notification, Seller is advised to record appropriate notices and/or to notify appropriate parties of any change in Seller's address. © 2022, California Association of REALTORS®, Inc.
SFA REVISED 6/22 (PAGE 1 OF 4) Buyer's Initials / Seller's Initials / SELLER FINANCING ADDENDUM AND DISCLOSURE (SFA PAGE 1 OF 4) Phone: Fax:
Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com August 12, 2022
APNs 0232-091 18 and 19, Fontana, 92335
Gerardo Herrera
City of Fontana
X 100,000.00 5.000
25000 X Quarterly payment plus interest
X
10.000
X
Sierra Realty, 9410 Sierra Ave. Fontana CA 92335 909.822.1200 909.822.0324 Takay and Ken Galasso
Authentisign ID: FCE27B09-6AAF-4A62-BD77-EC45975042FA
47189
Property Address: Date:
14. NEGATIVE AMORTIZATION; DEFERRED INTEREST: Negative amortization results when Buyer's periodic payments are less than the amount of interest earned on the obligation. Deferred interest also results when the obligation does not require periodic payments for a period of time. In either case, interest is not payable as it accrues. This accrued interest will have to be paid by Buyer at a later time, and may result in Buyer owing more on the obligation than at its origination. The credit being extended to Buyer by Seller will provide for negative amortization or deferred interest as indicated below. (Check A, B, or C.
CHECK ONE ONLY.)
A. All negative amortization or deferred interest shall be added to the principal (e.g., annually, monthly, etc.), and thereafter shall bear interest at the rate specified in the credit documents (compound interest); OR B. All deferred interest shall be due and payable, along with principal, at maturity; OR C. Other .
15. ALL-INCLUSIVE DEED OF TRUST; REAL PROPERTY SALES CONTRACT (INSTALLMENT LAND SALE CONTRACT):
This transaction involves the use of an all-inclusive (or wraparound) deed of trust or an real property sales contract. That deed of trust or contract shall provide as follows:
A. In the event of an acceleration of any senior encumbrance, the party responsible for payment, or for legal defense is:
Buyer Seller; OR is not specified in the credit or security documents.
B. In the event of the prepayment of a senior encumbrance, the responsibilities and rights of Buyer and Seller regarding refinancing, prepayment penalties, and any prepayment discounts are: ; OR are not specified in the documents evidencing credit.
C. Buyer will make periodic payments to (Seller,
collection agent, or any neutral third party), who will be responsible for disbursing payments to the payee(s) on the senior encumbrance(s) and to Seller. NOTE: The Parties are advised to designate a neutral third party for these purposes.
16. TAX IDENTIFICATION NUMBERS: Buyer and Seller shall each provide to each other, through escrow if used, their Social Security Numbers or Taxpayer Identification Numbers. (Note: This information is necessary to report interest paid and received.
Escrow will exchange the information on close of escrow.)
17. OTHER CREDIT TERMS, CONDITIONS, AND ADDENDA
18. RECORDING: The documents evidencing credit (paragraph 3) will be recorded with the county recorder where the Property is located, and recording fees paid for by Buyer, Seller. If not, Buyer and Seller are advised that their respective interests in the Property may be jeopardized by intervening liens, judgments, encumbrances, or subsequent transfers.
19. JUNIOR FINANCING: There will be additional financing, secured by the Property, junior to this Seller financing. Explain:
20. SENIOR LOANS AND ENCUMBRANCES: The following information is provided on loans and/or encumbrances that will be senior to Seller financing. NOTE: The following are estimates, unless otherwise marked with an asterisk (*). If checked: A separate sheet with information on additional senior loans/encumbrances is attached. 1st 2nd
Lender/Servicer Name:
Loan Number:
A. Original Balance $ $
B. Current Balance $ $
C. Periodic Payment (e.g. $100/month): $ $ /
Including Impounds of: $ $ /
D. Interest Rate (per annum) % %
E. Fixed or Variable Rate:
If Variable Rate: Lifetime Cap (Ceiling)
Indicator (Underlying Index)
Margins
F. Maturity Date
G. Amount of Balloon Payment $ $
H. Date Balloon Payment Due
I. Potential for Negative Amortization? (Yes, No, or Unknown) J. Due on Sale? (Yes, No, or Unknown)
K. Pre-payment penalty? (Yes, No, or Unknown)
L. Are payments current? (Yes, No, or Unknown)
21. BUYER'S CREDITWORTHINESS: (CHECK EITHER A OR B. Do not check both.) In addition to the loan application, credit report and other information requested under paragraph 2:
A. No other disclosure concerning Buyer's creditworthiness has been made to Seller; OR B. The following representations concerning Buyer's creditworthiness are made by Buyer(s) to Seller:
Borrower
1. Occupation
2. Employer
3. Length of Employment
4. Monthly Gross Income
5. Other
Co-Borrower
1. Occupation
2. Employer
3. Length of Employment
4. Monthly Gross Income
5. Other
SFA REVISED 6/22 (PAGE 2 OF 4) Buyer's Initials / Seller's Initials / SELLER FINANCING ADDENDUM AND DISCLOSURE (SFA PAGE 2 OF 4) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com APNs 0232-091 18 and 19, Fontana, 92335
X
Takay and
Authentisign ID: FCE27B09-6AAF-4A62-BD77-EC45975042FA
47290
Property Address: Date:
22. ADDED, DELETED OR SUBSTITUTED BUYERS: The addition, deletion or substitution of any person or entity under this Agreement or to title prior to close of escrow shall require Seller's written consent. Seller may grant or withhold consent in Seller's sole discretion. Any additional or substituted person or entity shall, if requested by Seller, submit to Seller the same documentation as required for the original named Buyer. Seller and/or Brokers may obtain a credit report, at Buyer's expense, on any such person or entity.
23. CAUTION:
A. If the Seller financing requires a balloon payment, Seller shall give Buyer written notice, according to the terms of Civil Code § 2966, at least 90 and not more than 150 days before the balloon payment is due if the transaction is for the purchase of a dwelling for not more than four families.
B. If any obligation secured by the Property calls for a balloon payment, Seller and Buyer are aware that refinancing of the balloon payment at maturity may be difficult or impossible, depending on conditions in the conventional mortgage marketplace at that time. There are no assurances that new financing or a loan extension will be available when the balloon prepayment, or any prepayment, is due.
C. If any of the existing or proposed loans or extensions of credit would require refinancing as a result of a lack of full amortization, such refinancing might be difficult or impossible in the conventional mortgage marketplace.
D. In the event of default by Buyer: (1) Seller may have to reinstate and/or make monthly payments on any and all senior encumbrances (including real property taxes) in order to protect Seller's secured interest; (2) Seller's rights are generally limited to foreclosure on the Property, pursuant to California Code of Civil Procedure § 580b; and (3) the Property may lack sufficient equity to protect Seller's interests if the Property decreases in value.
If this four-page Addendum and Disclosure is used in a transaction for the purchase of a dwelling for not more than four families, it shall be prepared by an Arranger of Credit as defined in California Civil Code § 2957(a). (The Arranger of Credit is usually the agent who obtained the offer.)
Arranger of Credit - (Print Firm Name) By Date
Address City State Zip
Phone
BUYER AND SELLER ACKNOWLEDGE AND AGREE THAT BROKERS: (A) WILL NOT PROVIDE LEGAL OR TAX ADVICE; (B) WILL NOT
PROVIDE OTHER ADVICE OR INFORMATION THAT EXCEEDS THE KNOWLEDGE, EDUCATION AND EXPERIENCE REQUIRED TO OBTAIN A REAL ESTATE LICENSE; OR (C) HAVE NOT AND WILL NOT VERIFY ANY INFORMATION PROVIDED BY EITHER BUYER OR SELLER. BUYER AND SELLER AGREE THAT THEY WILL SEEK LEGAL, TAX AND OTHER DESIRED ASSISTANCE FROM APPROPRIATE PROFESSIONALS. BUYER AND SELLER ACKNOWLEDGE THAT THE INFORMATION EACH HAS PROVIDED TO THE ARRANGER OF CREDIT FOR INCLUSION IN THIS DISCLOSURE FORM IS ACCURATE. BUYER AND SELLER FURTHER ACKNOWLEDGE THAT EACH HAS RECEIVED A COMPLETED COPY OF THIS DISCLOSURE FORM.
Buyer Date
Buyer Date
Seller Date
Seller Date
SFA REVISED 6/22 (PAGE 3 OF 4)
SELLER FINANCING ADDENDUM AND DISCLOSURE (SFA PAGE 3 OF 4) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com APNs 0232-091 18 and 19, Fontana, 92335
Sierra Realty Fontana Inc
Ken Galasso
9410 Sierra Ave. Fontana CA 92335
Gerardo Herrera
City of Fontana
Takay and
Authentisign ID: FCE27B09-6AAF-4A62-BD77-EC45975042FA
47391
474