Fontana City Council
June 13, 2023

Tuesday, June 13, 2023
7:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Regular Agenda
CLOSED SESSION - 6:00 P.M.

REGULAR MEETING - 7:00 P.M
Ord. No.1914 Reso. No. 2023-034
Grover W. Taylor Council Chambers
City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia - Mayor Pro Tem
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Phillip Cothran - Council Member
Germaine McClellan Key - City Clerk
Janet Koehler-Brooks, City Treasurer
1 City Council Meeting Regular Agenda June 13, 2023
Welcome to a meeting of the Fontana City Council.

Welcome to a meeting of the Fontana City Council. A complete agenda packet is located in the binder on the table in the lobby of the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335. To address the Council, please fill out a card located at the entrance to the right indicating your desire to speak on either a specific agenda item or under Public Communications and give it to the City Clerk. Your name will be called when it is your turn to speak. In compliance with Americans with Disabilities Act of 1990 (42 USC § 12132), the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335 is wheelchair accessible, and a portable microphone is available. Upon request, this agenda will be made available in appropriate alternative forms to persons with disabilities, as required by Section 12132 of the Americans with Disabilities Act of 1990. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such a request to the City Clerk’s Office at (909) 350-7602 at least 48 hours before the meeting, if possible. Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection in the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335.

Traduccion en Español disponible a peticion. Favor de notificar al Departamento "City Clerk".

Para mayor informacion, favor de marcar el numero (909) 350-7602.

PUBLIC COMMUNICATION - CLOSED SESSION:

This is an opportunity for citizens to speak to the City Council for up to 3 minutes on the following Closed Session. The Mayor and City Council reserve the right to adjust this time limit based on the number of speakers who wish to address the Mayor and City Council.

A. Public Communications - Closed Session
CLOSED SESSION:

A. 6:00 P.M. CLOSED SESSION

2 City Council Meeting Regular Agenda June 13, 2023
A. CONFERENCE WITH LEGAL COUNSEL – EXISTING

LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9 (d) (1) Case: Devon King v. City of
Fontana, et al., USDC Case No. EDCV 20-01071 ODW SHK
CONFERENCE WITH LEGAL COUNSEL – EXISTING
LITIGATION (Gov. Code Section 54956.9(d)(1))
Name of case: City of Fontana v. Robert Constant. Case #:

CIVSB2127040

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
PURSUANT TO GOVERNMENT CODE SECTION 5495
Title of Position: City Manager

CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
City Negotiator: Mayor Acquanetta Warren and Mayor Pro
Tem Peter Garcia
Employee Organization(s): City Manager, Unrepresented
21-2275
CALL TO ORDER/ROLL CALL:

A. Call To Order/Roll Call:

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

CLOSED SESSION ANNOUNCEMENT
Closed Session Announcement
SPECIAL PRESENTATIONS:

A. Special Presentations

3 City Council Meeting Regular Agenda June 13, 2023
A. 1. Mayor Warren and City Council to recognize Officers Jon Gearhart, Joe Richard and Justin Summers as the Fontana Police Department April 2023 Employees of the Month
(Captain Stover to present).

2. Mayor Warren and City Council to recognize Budget and Payroll Manager, Fabiola Barrita as Finance Employee of the Year (Chief Financial Officer Jessica Brown to present).

3. Summer Water Safety Presentation (Community Services Aquatics Supervisor, Stan Clark to present).
21-2249
PUBLIC COMMUNICATIONS:

This is an opportunity for members of the public to address the City Council for up to three ( 3) minutes total on items either on the Agenda or items not on the Agenda, but within the City Council's jurisdiction. Note that Public Hearing items have individual and specific public input opportunities during the public hearing and testimony on those items will only be taken during the public hearing. The Council is prohibited by law from discussing or taking immediate action on non-agendized items. The Mayor and City Council reserve the right to adjust this time limit based on the number of speakers who wish to address the Mayor and City Council .

A. Public Communications
CONSENT CALENDAR:

All matters listed under CONSENT CALENDAR will be enacted by one motion in the form listed below. There will be no separate discussion on these items prior to the time Council votes on them, unless a member of the Council requests a specific item be removed from the Consent Calendar for discussion.

Approve Consent Calendar Items as recommended by staff.

A. Approval of Minutes 21-2223
City Council Meeting 5-9-2023.pdf
Special City Council Meeting 5-12-23rtf.pdf
Special City Council Meeting 5-15-23.pdf
Attachments:

B. Approve a Contract with Social Work Action Group to
Provide Street Outreach and Case Management Services to the Homeless Population of Fontana
21-2138
FY23-24 SWAG Agreement DRAFT.pdf
SB CO SWAG Contract - Amendment #1 Executed.pdf
Attachments:

4 City Council Meeting Regular Agenda June 13, 2023
C. Adoption of Ordinance No. 1913 (Second Reading) 21-2222 Ordinance Lvy Tax Fontana CFD 112 (The Gardens Phase
One) 4136-5510-0741 1.docx
Attachments:

D. Award bid for the purchase and installation of fabric shade structures at Bill Martin Park (10 spectator shades),
Fontana Park (1 playground shade), Jack Bulik Park (14
spectator shades), Heritage Circle Park (1 playground
shade), Lemon Pepper Park (1 playground shade), Miller
Park (1 playground shade), Southridge Park (1 playground shade), Veterans’ West Park (8 spectator shades).
21-2167
Summary Bid Results.pdf
NR Development Bid - SB-106-PW-23.pdf
Notified Vendors SB-106-PW-23.pdf
Attachments:

E. Adopt Resolution No. 2023-034 for Projects Funded by the Road Repair and Accountability Act SB-1
21-2175
2023-24 SB1 RMRA Resolution.pdf
SB1 RMRA Project List.pdf
Attachments:

F. Award a construction contract for the 2022-23 SB-1 Road Repair and Accountability Act for the Foothill Boulevard from East Avenue to Hemlock Avenue Street Rehabilitation Project.
21-2180
Summary Bid Results.pdf
Matich Bid Results.pdf
Legislation Details (With Text).pdf
Foothill rehab project.pdf
Attachments:

G. Award bid for the purchase and installation of one (1) Metal Picnic Structure at Miller Park, and Two (2) Metal Picnic Structures at North Tamarind Park.
21-2191
Summary Bid Results .pdf
Notified Vendors SB-116-PW-23.pdf
Western State Builders, Inc's Bid - SB-116-PW-23.pdf
Attachments:

5 City Council Meeting Regular Agenda June 13, 2023
H. Approve a Dedication of Right of Way for a Certain Portion of Victoria Avenue Related to a Proposed Pedestrian
Bridge Across The San Sevaine Channel
21-2202
VICINITY MAP.pdf
BRIDGE EXHIBIT.pdf

RIGHT OF WAY DEDICATION
Attachments:

I. Approve a Bond Reduction for Tract No. 20224 (In-Tract and Backbone Infrastructure)
21-2203
Tract Map 20224.pdf
Vicinity Map.pdf
Subdivision Improvement Agreement.pdf
Attachments:

J. Police Department Monthly Information Update 21-2215 Attachments: April 2023 Report for City Council Rev.pptx K. Approve a Bond Reduction for Tract No. 20362 (Intract Improvements) at The Gardens Village within The
Arboretum Specific Plan.
21-2242
TRACT MAP 20362.pdf
VICINITY MAP.pdf
SECURITY BOND.pdf
Attachments:

L. Approve a Landscape Bond Reduction for Tract No.’s
19960, 19961 and 19962 located within The Arboretum
Specific Plan.
21-2226
Vicinity Map.pdf
Tract Maps 19960, 19961 and 19962.pdf
CFD Landscape Bonds.pdf
Attachments:

6 City Council Meeting Regular Agenda June 13, 2023
M. Approve a Second Bond Reduction for Tract No. 20153
(Perimeter and Backbone/Spine Improvements) within the
Summit at Rosena Specific Plan.
21-2233
Tract Map No. 20153 - Vicinity Map.pdf
Tract Map No. 20153.pdf
Tract Map No. 20153 - Subdivision Improvement Agreement & Bonds - Perimeter (Executed).pdf
Tract Map No. 20153 - Subdivision Improvement Agreement & Bonds - Backbone-Spine (Executed).pdf
Regular City Council Meeting - Agenda & Action Report
October 22, 2019.pdf
Attachments:

N. Annual Update to the Ordinance of the Police Policy 709 (Military Equipment Policy)
21-2255
Fontana AB 481 Ordinance-c1.pdf
Fontana PD - AB 481 2023 Annual Report on Military
Equipment Usage-c1.docx
Fontana Policy 709 [Military Equipment]-c1.pdf
2023 FONTANA POLICE MILITARY EQUIPMENT
INVENTORY -c1.pdf
Attachments:

O. Award the bid for the Purchase and Installation of new ADA Inclusive/Interactive Playgrounds at Veterans Park, Seville Park, Fernandez Park, Bill Martin Park, Northgate Park, North Tamarind Park, and Jack Bulik Park.
21-2189
Notified Vendors SB-122-PW-23.pdf
Bid Results - SB-122-PW-23.pdf
Ortco Inc. Bid - SB-122-PW-23.pdf
Attachments:

P. Approve a Bond Reduction for Tract No. 18881 (Backbone and In-Tract Public Infrastructure)
21-2225
Tract Map 18881.pdf
Vicinity Map.pdf
Subdivision Improvement Agreement 1.pdf
Subdivision Improvement Agreement 2.pdf
Attachments:

7 City Council Meeting Regular Agenda June 13, 2023
Q. Final Acceptance of Storm Drain and Sewer Improvements for Tract No.’s 16876 and 16876-1
21-2229
VICINITY MAP.pdf
TRACT MAP - 16876
TRACT - 16876-1
RESOLUTION - TRACTS 16876 & 16876-1.pdf
BOND AND AGREEMENT - 16876.pdf
BOND AND AGREEMENT - 16876-1.pdf
Attachments:

R. Acceptance of Final Map for Tract No. 20069 21-2230
TM 20069.pdf
Vicinity Map.pdf
Attachments:

S. Approve a Bond Reduction for Tract No.’s 20363 (Intract Improvements) and 20364 (Intract Improvements) at The
Gardens Village within The Arboretum Specific Plan.
21-2232
Tract Map No. 20364 - Vicinity Map.pdf
Tract Map No. 20363 - Vicinity Map.pdf
Tract Map No. 20363.pdf
Tract Map No. 20364.pdf
Tract Map No. 20364 - Subdivision Improvement Agreement & Bonds (Executed).pdf
Tract Map No. 20363 - Subdivision Improvement Agreement & Bonds (Executed).pdf
Attachments:

T. Approve Construction Contract Amendment for the 8996 Olive Street Rehabilitation Project SB-32-HD-23
21-2239
Attachments: 8996 Olive St - Mold Report.pdf
U. Award a Design-Build Contract for the Downtown Parking Structure Project
21-2244
City of Fontana Parking Structure Bomel Revised Proposal 5-24-23.pdf
Contract (DTPS; SQ-24-DE-23-1.pdf
Attachments:

8 City Council Meeting Regular Agenda June 13, 2023
V. Award a Contract for Fontana Center Stage (Stage Red) Exterior Sandblast and Texture Coat Walls Painting
21-2246
Summary Bid Results.pdf
Notified Vendors - SB-111-PW-23.pdf
Mariscal Bid Pricing - SB-111-PW-23.pdf
Attachments:

W. 2022 Permanent Local Housing Allocation (PLHA) Award 21-2248 X. Approve a Bond Reduction for Tract No. 20362 (Duncan Canyon Road, Sierra Avenue, and Cypress Avenue, Offsite Improvements) at The Gardens Village within The
Arboretum Specific Plan.
21-2234
Tract Map No. 20362 - Vicinity Map.pdf
Tract Map No. 20362.pdf
Tract Map No. 20362 - Subdivision Improvement Agreement & Bonds.pdf
Attachments:

Y. Joint Community Facilities Agreement by and among the City of Fontana, the Community Facilities District No. 112 (The Gardens Phase One), and the West Valley Water
District.
21-2252
Resolution
JCFA West Valley Water District
Attachments:

9 City Council Meeting Regular Agenda June 13, 2023
Z. Intention to Levy Assessments for Fiscal Year 2023-2024 for Landscape and Lighting Maintenance Districts
21-2256
LMD 1 Resolution of Intent.pdf
LMD 2 Resolution of Intent.pdf
LMD 3 Resolution of Intent.pdf
LMD 3-1 Resolution of Intent.pdf
LLMD 3 Resolution of Intent.pdf
LMD 1 Engineer's Report
LMD 2 Engineer's Report
LMD 3 Engineer's Report
LMD 3-1 Engineer's Report
LLMD 3 Engineer's Report
LMD 1 Location Map
LMD 2 Location Map
LMD 3 Location Map
LMD 3-1 Location Map
LLMD 3 Location Map
Attachments:

AA. Fiscal Year 2022-23 Third Quarter Budget Status Report 21-2260 Attachments: Fiscal Year 22-23 Third Quarter Budget Status Report.pdf PUBLIC HEARINGS:

To speak on Public Hearing Items, submit comments via e-mail at [email protected]. In the subject of your e-mail please indicate whether you are in favor or opposition of the item. Comments must be received no later than 5:00 P.M. on the day of the meeting. Comments of no more than three (3) minutes will be read into the record at the appropriate time during the meeting. If you challenge in court any action taken concerning a Public Hearing item, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City at, or prior to, the Public Hearing.

All Public Hearings will be conducted following this format:
(a) hearing opened (e) oral - favor
(b) written communication (f) oral - opposition
(c) council/staff comments (g) hearing closed
(d) applicant comments (applicant not limited to 5 minutes)

10 City Council Meeting Regular Agenda June 13, 2023
NEW BUSINESS:

A. New Business
A. Adopt an Ordinance Establishing New Speed Reduction
(Speed Limit) Zones
21-2243
SPEED ZONE. ORDINANCE 2023.pdf
Speed Zone Exhibit A.pdf
Attachments:

B. Capital Improvement Program Budget for Fiscal Years
2023/2024-2029/2030
21-2266
2023-24 and 2024-25 CIP Resolution.pdf
FY 23-24 - 24-25 NOE.pdf
Attachments:

C. Proposed Operating Budget for Fiscal Years 2023/24 and 2024/25
21-2271
2023-24 and 2024-25 City Resolution.pdf
2023-24 Resolution City GANN.pdf
Attachments:

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports
A. Elected Official Communications 21-2003
ADJOURNMENT:

A. Adjournment
Adjourn to the next Regular City Council Meeting on June 27, 2023 at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.

11 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2275 Agenda Date: 6/13/2023
Agenda #: A. Category: Closed Session
City of Fontana Page 1 of 1 Printed on 6/7/2023
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2249 Agenda Date: 6/13/2023
Agenda #: A. Category: Consent Calendar
Special Presentation
Tuesday, June 13, 2023
7:00 P.M.

Grover W. Taylor Council Chambers
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Page 1 of 1 Printed on 6/7/2023
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2223 Agenda Date: 6/13/2023
Agenda #: A. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Approval of Minutes
RECOMMENDATION:

Approve the minutes of the May 9, 2023, Regular City Council Meeting, and the May 12 & 15, 2023, Special City Council Meetings.

COUNCIL GOALS:
· Create and maintain a dynamic team by supporting the decisions of the majority once made.
· Create and maintain a dynamic team by communicating Goals and Objectives to all commissions and employees.

DISCUSSION:

The City Council will consider approval of the minutes of the May 9, 2023, Regular City Council meeting and the May 12 &15, 2023, Special City Council Meetings. The draft minutes are attached to this report for Council review and approval.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 6/7/2023
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City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Minutes
Tuesday, May 9, 2023
7:00 PM
Grover W. Taylor Council Chambers
City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia - Mayor Pro Tem
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Phillip Cothran - Council Member
Germaine Key - City Clerk
Janet Koehler-Brooks, City Treasurer
15

WORKSHOP:

A. 5:30 P.M. City Council Workshop
The City Council Workshop was held on Tuesday, May 9, 2023, in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California. Mayor Warren called the meeting to order at 5:39 p.m. with all members of the City Council present.

The City Council Regular meeting agenda was reviewed and there were no City Manager comments.

There were no public communications received for the Workshop.

A. Presentation for “Stage Red” renovation plans.

Deputy City Manager Phillip Burum introduced the workshop item to the Mayor and City Council.

Representative, Jennifer Reynolds on behalf of Ideation Design Group, presented “Stage Red” renovation plans and answered questions of City Council.

City Council and representative Reynolds discussed the maximum capacity of the venue and potential grand opening dates.

The workshop adjourned at 6:07 p.m.

CLOSED SESSION:

A. 6:00 P.M. CLOSED SESSION
A Closed Session was held in the Executive Conference Room at 6:07 p.m. located at 8353 Sierra Avenue, Fontana, California, with all members of the City Council present.

PUBLIC COMMUNICATION - CLOSED SESSION:

A. Public Communications - Closed Session
There were no public communications received for the following items:

CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6 City Negotiator: Matt Ballantyne, City Manager and Rakesha Thomas, Director of Human Resources and Risk Management Employee Organization(s): Teamsters Local 1932 City Hall Bargaining Unit; Teamsters Local 1932 Yard Bargaining Unit; Police Management Association; Police Benefits Association; Police Officers Association and Management/Confidential Employees

PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957 Title of Position: City Manager
16

CALL TO ORDER/ROLL CALL:

A. 7:00 P.M. Call To Order/Roll Call:

A Regular Meeting of the Fontana City Council was held in the Grover W. Taylor Council Chambers, 8353 Sierra Avenue, Fontana, CA 92335, on Tuesday, May 9, 2023. Mayor Warren called the meeting to order at 7:05 p.m.

ROLL CALL:

PRESENT: Mayor Warren, Mayor Pro Tem Garcia, Council Members Cothran, Roberts and Sandoval.

ABSENT: None
City Clerk Key and City Treasurer Koehler-Brooks were also in attendance.

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

The invocation was given by Fontana Police Department Chaplain Daniel Vasquez, followed by the pledge of allegiance led by Council Member Roberts.

Prior to taking the closed session announcement, Mayor Warren announced that the City Council will be adjourning their meeting in honor of Ricardo Quintana Sr., who recently passed.

CLOSED SESSION ANNOUNCEMENT
A. Closed Session Announcement:

City Attorney Duran reported that the City Council met in Closed Session on the items listed on the agenda but took no reportable action.

PROCLAMATION:

A. Proclamation 21-2178
A. Mayor Warren and City Council to proclaim May as Mental Health Awareness Month (Staff from Community Outreach and Support Team (COAST) to accept).

A short video was played during this time.

Mayor Warren and City Council proclaimed May as Mental Health Awareness Month presenting a proclamation to COAST staff, Michael Hall and Fabeola Lazaro.

B. Mayor Warren and City Council to proclaim April 30-May 6, as Professional Municipal Clerks Week (City Clerk Germaine Key to accept). 17

Mayor Warren and City Council proclaimed April 30-May 6, as Professional Municipal Clerks Week, presenting a proclamation to City Clerk Germaine Key.

C. Mayor Warren and City Council to proclaim Monday, May 15, 2023, as Peace Officers Memorial Day and the Week of May 14 through May 20, 2023, as National Police Week in Fontana.

Mayor Warren and City Council proclaimed Monday, May 15, 2023, as Peace Officers Memorial Day and the Week of May 14 through May 20, 2023, as National Police Week presenting a proclamation to Chief Michael Dorsey.

SPECIAL PRESENTATIONS:

A. Special Presentations 21-2179
Mayor Warren and City Council to recognize Records Coordinator, Kathy Kasinger as City Clerk’s Department Employee of the Year (Deputy City Manager Ray Ebert to present).

Deputy City Manager Ray Ebert presented the 2023 City Clerk’s Department Employee of the Year award to Records Coordinator Kathy Kasinger.

PUBLIC COMMUNICATIONS:

A. Public Communications
The following individuals spoke under public communications:

1. Jennifer Shaw representative from Southern California Edison spoke regarding her departure from Southern California Edison; introduced her replacement, Melissa Boyd to Mayor and City Council and thanked the City Council, City Manager, and city staff for all the support and partnership throughout the past years.

2. Pastor Daniel Vasquez invited the entire City Council, staff, and community to come out to an upcoming community event, 2023 “Love Fontana”

3. Sebastian Cognetta introduced his organization, Allegiance Academy to Mayor and City Council; announced the opening of a new charter school in Fontana.

CONSENT CALENDAR:

ACTION: Motion was made by Council Member Cothran, seconded by Council Member Roberts, and passed unanimously by a vote of 5-0 to adopt the Consent Calendar Items “A-Q” as follows. The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts and Sandoval; NOES: None; ABSTAIN: None Council Member Sandoval abstained from Item A.
18

A. Approval of Minutes 21-2174
Approval of minutes of the April 21, 2023, Special City Council Meeting and the April 25, 2023, Regular City Council Meeting.

B. Award an On-Call Contract for the Slurry Seal Resurfacing Program. 21-2140

1. Award contract and authorize the City Manager to execute a contract with American Asphalt South Inc. for the On-Call Slurry Seal Resurfacing Maintenance Contract (SB-77-DE-23).

2. Approve and authorize the City Manager to execute any future amendments to the maintenance contract.

C. Approve a Cooperative Agreement with the County of San 21-2141 Bernardino for Construction of Foothill Boulevard from East Avenue to Hemlock Avenue Street Rehabilitation Project.

1. Approve and authorize the City Manager to execute a Cooperative Agreement for Construction of Foothill Boulevard from East Avenue to Hemlock Avenue Street Rehabilitation Project.

2. Accept outside Agency contribution of $87,015.50 for Project No. 38104130, Pavement Rehabilitation – RMRA.

3. Authorize the City Manager to execute any future amendments to the Cooperative Agreement for the Foothill Boulevard from East Avenue to Hemlock Avenue Street Rehabilitation Project.

D. Approve a Professional Services Agreement for Engineering 21-2143 Design Services for the Citrus Avenue Widening at SR-210 Project (SP-81-DE-23).

1. Approve and authorize the City Manager to execute a Professional Services Agreement, in a not to exceed amount of $249,705.47 with EXP US Services Inc., for Engineering Design Services for the Citrus Avenue Widening at SR-210 Project (SP-81-DE-23).

2. Approve and authorize the City Manager to execute any future amendments to the Professional Services Agreement
E. Award a Professional Services Agreement for Construction 21-2144 Management Services for the Downtown Parking Structure Project SP-88-DE-23.

1. Award and authorize the City Manager to execute a Professional Services Agreement in a not to exceed amount of $398,230.00 with C.W. Driver, Inc. for Construction Management Services for the Downtown Parking Structure Project, Request for Proposals SP-88-DE-23.

2. Approve and authorize the City Manager to execute any future amendments to the Professional Services Agreement.
19

F. Approve Amendment No. 2 to the Professional Services 21-2149 Agreement for Engineering Services for the Foothill Boulevard from Hemlock Avenue to Almeria Avenue Street Improvement (Malaga Bridge) Project.

1. Approve and authorize the City Manager to execute Amendment No. 2 to a Professional Services Agreement with T.Y. Lin International for Engineering Services for the Foothill Boulevard from Hemlock Avenue to Almeria Avenue Street Improvement (Malaga Bridge) Project (SQ-04-DE19) in the amount of $72,357.00 for a total contract amount of $1,919,555.00.

2. Approve and authorize the City Manager to execute any future amendments to the Professional Services Agreement.

3. Approve an increase in appropriations in the amount of $72,357 to be included in the third quarter budget report.

G. Approve a Professional Services Agreement for Design Services 21-2150 for the Date Elementary School Street Improvements Project.

1. Approve and Authorize the City Manager to execute a Professional Services Agreement in a not to exceed amount of $160,310.00 with Engineering Resources of Southern California for the Date Elementary School Street Improvements Project, Request for Proposals SP-93-DE-23.

2. Approve and Authorize the City Manager to execute any future amendments to the Professional Services Agreement.

H. Final Acceptance of the Foothill Boulevard at Alder Avenue Curb 21-2151 Ramp Project.

1. Accept as complete the work performed by Gentry General for the construction of the Foothill Boulevard at Alder Avenue Curb Ramp Project (#36003370) and approve the final construction amount of $233,440.68 (Bid No. SB-01-DE-22).

I. Approve Amendment to David Evans and Associates, Inc. Task 21-2152 Order for Design Services for the South Highland Avenue at Mango Avenue Traffic Signal Project.

1. Approve and authorize the City Manager to execute Task Order No. 1.3 to David Evans and Associates, Inc. in the amount of $5,600.00 for the Design Services of South Highland Avenue at Mango Avenue Traffic Signal Project for a total contract amount of $108,985.00.

2. Approve and authorize the City Manager to execute any future amendments to the Task Order.

J. Award Professional Services Agreement for the Comprehensive 21-2154 Development Impact Fee (DIF) Update and Nexus Study.
20

1. Award and authorize the City Manager to execute a Professional Services Agreement with David Taussig & Associates in the amount of $67,800 for the Comprehensive Development Impact Fee Update and Nexus Study and authorize a 10% contingency in the amount of $6,780 (SP-114-DS23).

2. Approve and authorize the City Manager to execute any future amendments to the contract.

K. Authorization to Apply for 2023 Lead Hazard Reduction Grant 21-2156 Program

1. Adopt and authorize the Fontana Housing Department to apply for the 2023 U.S. Department of Housing and Urban Development Lead Hazard Reduction Grant Program.

2. Authorize the City Manager, or City Manager’s designee, to execute and transmit any documents necessary or desirable to ensure the City's timely receipt and execution of the Lead Hazard Reduction Grant Program.

L. Recreational Management System Replacement 21-2163

1. Award and authorize the City Manager to execute a contract with ACTIVENetwork for the Recreational Management System,
implementation services, maintenance, 10% contingency and the purchase of tablets in the total amount of $189,664.75 (Bid. No. SP-72-IT23).

2. Authorize City Manager to execute future maintenance renewals for the Recreation Management System.

M. Skate Park Management (SP-71-CS-18) 21-2168

1. Approve a one-year extension amendment to the Skate Park Management Agreement SP-71-CS-18 between Action Park Alliance, Inc., and the City of Fontana to operate the day-to-day management of the two (2) City of Fontana Skate Parks (South Skate Park at Jack Bulik Park and the North Skate Park at Fontana Park) in the amount of $421,380.

2. Authorize the City Manager or designee to sign the agreement, all related documents, and any amendments for the term of the agreement.

N. Award a Construction Contract for the Kathy Binks Elementary 21-2171 Safe Routes to School Project

1. Award and authorize the City Manager to execute a construction contract with CT&T Concrete Paving, Inc. for the construction of the Kathy Binks 21

Elementary Safe Routes to School Project in the amount of $322,795.00 and authorize a 10% contingency in the amount of $32,279.50 (Bid No.

SB-108-DE-23).

2.. Approve and authorize the City Manager to execute any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the Kathy Binks Safe Routes to School Project.

O. Approve amendment No. 1 to the Professional Services Agreement 21-2183 (SQ-47-DE-23) for Architecture and Interior Design Services (Stage Red)

1. Approve and authorize the City Manager to execute Amendment No. 1 to a Professional Services Agreement (SQ-47-DE-23) with Ideation Design Group for Architectural and Interior Design services for the renovation of stage RED in the amount of $115,600 for a total contract amount of $209,300 P. Approve temporary lease agreement with National Community 21-2185 Renaissance for use of a portion of the former Bank of America property.

1. Approve and authorize the City Manager to execute the short-term lease agreement with National Community Renaissance Corporation for use of approximately 8,000 square feet within the property located at 16860 Arrow Blvd.

2. Approve and Authorize the City Manager and/or his designee(s) to make non-material changes to the agreement and execute any future amendments to the lease agreement.

Q. Co-Sponsorship Application Cycle (1) FY 2023/2024. 21-2186

1. Review and approve (12) Co-Sponsorships recommended for the first half of 2023/2024 fiscal year (July 2023 through June 2024) totaling an amount of $24,572.00 as recommended by Parks, Community, and Human Services Commission.

PUBLIC HEARINGS:

ACTION: Motion was made by Council Member Roberts, seconded by Council Member Sandoval, and passed unanimously by a vote of 5-0 to forward without recommendation the motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts and Sandoval; NOES: None; ABSTAIN: None
A. Second Combined General Plan Amendments and Projects for 21-2104 the 2nd General Plan Cycle of 2023; Part No. 1 (Shea Industrial Commerce Center Project) and Part No. 2 (North Fontana
Industrial Commerce Center Project).

Mayor Warren opened the public hearing.
22

City Attorney Duran announced that per request of the applicant, this item would be continued to a later date. City Council motioned to continue the proposed hearing to June 27, 2023.

A. New Business
A. American Rescue Plan Act Update 21-2181
Chief Financial Officer Jessica Brown provided the staff report and answered questions of the City Council.

ACTION: Motion was made by Mayor Pro Tem Garcia, seconded by Council Member Sandoval, and passed unanimously by a vote of 5-0 to approve New Business Item “A” as follows:

Approve and receive update and approve revisions to the American Rescue Plan Act (ARPA) Expenditure Plan, including the leveraged project.

The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts and Sandoval; NOES: None; ABSTAIN: None
CITY MANAGER COMMUNICATIONS:

A. City Manager Communications
City Manager Ballantyne thanked City Council and Executive staff for the positive feedback and support that he received regarding his evaluation; commented on the recent City Council Workshop where new goals were established and that he would be reporting back with a status update before the end of the year.

ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports
City Treasurer Koehler-Brooks thanked the City of Fontana’s Community Services Department for organizing the Special Needs Prom.

City Clerk Key expressed her condolences to Planning Commissioner, Ricardo Quintana for the passing of his father; thanked city staff and Pastor Brandon Pin for the planning and coordination of the National Day of Prayer event and commented on recently attending community events.

Council Member Sandoval commended Deputy City Manager, Ray Ebert on his facilitating of the recent City Council Goal Setting Workshop; commented on the recent rent increases for small and large businesses; congratulated Jennifer Shaw on her retirement from Southern California Edison; wished all the moms a happy Mother’s Day but noted that he specifically wanted to wish his mother a happy Mother’s Day and closed by commenting on his recent attendance to Washington DC.
23

Council Member Roberts congratulated City Manager Ballantyne on his positive evaluation and thanked him for his leadership; congratulated Records Coordinator Kathy Kasinger on receiving Employee of the Year.

Council Member Cothran commented on recently attending community events and his attendance at the Southern California Association of Governments meeting; commented on tonight’s approval of the Award for the Downtown Parking Structure Project and the Kathy Binks Elementary Safe Route to School Project; wished all the moms a happy Mother’s Day; and closed by welcoming the Etiwanda Eagles students who attended tonight’s meeting.

Mayor Pro Tem Garcia commented on recently attended community events and his recent attendance at the Southern California Association of Governments meeting; commented on the City Council’s Goal setting workshop and spoke about the strong leadership and confidence in city staff; spoke regarding the revitalization of the Downtown area and the Stage Red projects; commented on the recent community roundtable discussion regarding the building of new schools up in the northern area and gave an update regarding the middle school that is planned to be built at the intersection of Citrus and Casa Grande.

Mayor Warren commented on concerns that occurred at the recent community roundtable discussion and mentioned that a follow up and future meeting would occur; spoke regarding the process of building schools within the community and explained to the public that the city does partake when building the development but ultimately this responsibility belongs to the School District.

Deputy City Manager Phillip Burum explained the process of building schools, spoke regarding how the courtesy review, land selection, land zoning, purchase of land is handled and the role that the city partakes when building the schools. Deputy City Manager Burum also spoke about how new developments benefit schools and how they generate school fees.

Mayor Warren continued her comments by once again clarifying to the public that it is not the city’s responsibility to build new schools; briefly spoke about the safety of children in our locals schools and mentioned that city would be open to discuss or speak with anyone regarding concerns or issues; mentioned the great relationship between the city and the Fontana Unified Superintendent. Mayor Warren welcomed Sebastian Cognetta and the new Charter School to the city, thanked them for their involvement in the Mayor’s Education Coalition; commented on recently attending community events and her recent attendance at the Southern California Association of Governments meeting; thanked Pastor Brian for his role in the National Day of Prayer event.; thanked Deputy City Manager Burum for the clarification that he made to the public at tonight’s meeting; invited the public to join her at the upcoming meeting, “Coffee with the Chief” and thanked San Bernardino County Supervisor Jesse Armendarez for providing this opportunity to the public.
24

ADJOURNMENT:

A. Adjournment
Mayor Warren and City Council led a moment of silence in memory of Commissioner Quintana’s late father, Ricardo Quintana Senior. Mayor Warren adjourned the meeting at 8:23 p.m. to the next Special City Council Meeting on Friday, May 12, 2023, at 9:00 a.m. at 15258 Summit Ave #100, Fontana, California.
_______________________
Susana Gallardo
Specialist to the Deputy City Clerk

THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON JUNE 13, 2023.
_______________________
Germaine Key
City Clerk
25

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Minutes
Friday, May 12, 2023
9:00 AM
15258 Summit Avenue #100
Fontana, CA. 92336
Special City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia - Mayor Pro Tem
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Phillip Cothran - Council Member
Germaine Key - City Clerk
Janet Koehler-Brooks, City Treasurer
26

CALL TO ORDER/ROLL CALL:

A. Call To Order/Roll Call:

The Special Meeting of the Fontana City Council was held on Friday, May 12, 2023, at 15258 Summit Avenue #100, Fontana, California.

Mayor Warren called the meeting to order at 9:00am.

ROLL CALL:

PRESENT: Mayor Warren, Mayor Pro Tem Garcia, and Council Member Phillip Cothran ABSENT: Council Members Roberts and Sandoval.

Fontana Police Chief Michael Dorsey and San Bernardino County Second District Supervisor Jesse Armendarez were also in attendance.

PUBLIC COMMUNICATIONS:

A. Public Communications
There were no public communications received.

Discussion Topics:

A. Public Safety
ADJOURNMENT:

A. Adjournment
Mayor Warren adjourned the meeting at 11:00 a.m. to the Special City Council Meeting on Monday, May 15, 2023, at 4:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.
27

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Minutes
Monday, May 15, 2023
4:00 PM
Grover W. Taylor Council Chambers
Special City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia - Mayor Pro Tem
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Phillip Cothran - Council Member
Germaine Key - City Clerk
Janet Koehler-Brooks, City Treasurer
28

CALL TO ORDER/ROLL CALL:

A. 4:00 P.M. Call To Order/Roll Call:

The Special Meeting of the Fontana City Council was held on Monday, May 15, 2023, in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, CA 92335.

Mayor Warren called the meeting to order at 4:08 p.m.

ROLL CALL:

PRESENT: Mayor Warren, Mayor Pro Tem Garcia, Council Members Cothran, Roberts, and Sandoval.

ABSENT: None
City Clerk Key and City Treasurer Koehler-Brooks were also in attendance.

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

The invocation was led by Mayor Warren, followed by the Pledge of Allegiance led by Council Member Cothran.

PUBLIC COMMUNICATIONS:

A. Public Communications
No public Communications were received.

WORKSHOP:

A. City Council Workshop: Budget Review
ADJOURNMENT:

A. Adjournment
Mayor Warren adjourned the meeting at 5:29 p.m. to the International Council of Shopping Centers Conference In Las Vegas, NV, from May 21-23, 2023, and to the next Regular City Council Meeting on June 13, 2023, at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.
29 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2138 Agenda Date: 6/13/2023
Agenda #: B. Category: Consent Calendar
FROM:

Housing
SUBJECT:

Approve a Contract with Social Work Action Group to Provide Street Outreach and Case Management Services to the Homeless Population of Fontana RECOMMENDATION:

1. Authorize Housing to “Piggy-Back” from the County of San Bernardino’s Contract Number 21- 749, Amendment 2 for the Street Outreach and Homeless Case Management Services with Social Work Action Group of Lake Elsinore, CA.

2. Approve and authorize the City Manager to execute an agreement in the amount of $357,695 for Fiscal Year 2023-2024 and any future amendments with Social Action Group for one year and up to four (4) one-year extensions at the sole discretion of the City of Fontana for Street Outreach and Homeless Case Management Services.

COUNCIL GOALS:
· Improve public safety by utilizing other city programs to help reduce crime. · Operate in a businesslike manner by creating a memorable customer experience with every interaction.
· Provide a diverse range of housing types and levels of affordability while addressing homelessness in the community by address Homelessness through proactive programs, including the efforts of the COAST and MET teams.

DISCUSSION:

The County of San Bernardino Office of Homeless Services released a Request for Proposals (RFP) in 2021 seeking qualified agencies to partner and collaborate on Homeless Street Outreach and Engagement, Housing Navigation, and Case Management. In response to that RFP, Social Work Action Group (SWAG) was selected as a contractor to implement the County’s pilot program to improve, expand, enhance, and augment the local homeless response system with the goal of maximizing and expediting the number of individuals assisted out of homelessness.

In the effort to assist Fontana’s homeless population obtain the services and resources they need; the City has contracted with SWAG since July 2021 for homeless outreach and case management.

The City’s agreement with SWAG has a strong focus on unsheltered individuals, families, and encampments. SWAG has been critical to bridging the gap between law enforcement and various community-based services for the unsheltered.

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File #: 21-2138 Agenda Date: 6/13/2023
Agenda #: B. Category: Consent Calendar
SWAG’s team members have direct street outreach experience, the expertise, and networking system to refer individuals and families to various services available. These team members have specialized backgrounds in behavioral health, substance abuse, and social work. The organization will continue to build upon its efforts from the last two years in Fontana to reduce the homeless population. Additionally, SWAG staff will engage, educate, and encourage the community of Fontana to collaborate efforts and spread the message of Responsible Compassion.

Staff is recommending approval to enter into an agreement for the initial one-year period of July 2023 - June 2024 due to the qualifications and understanding the SWAG can provide. Additionally, staff is recommending for up to four (4) one-year contract extensions at the sole discretion of the City of Fontana should funding be available.

Per the City’s Purchasing Policies and Procedures Manual, Section 3.1.5 Non-Competitive Proposal may be used when the service was awarded by another public agency. Staff is recommending the contract with SWAG based on a “Piggy-Back” with San Bernardino County’s Contract number 21- 749, Amendment 2.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $357,695 for the first full term of the contract and is included in the 2023-2024 budget in 30200020-362-A. All future costs will be included in subsequent fiscal year budgets should funding become available in Fund 295 or 362.

MOTION:

Approve staff recommendation.

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16498.00100\41176150.1
1 CITY OF FONTANA

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of June 14, 2023 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 Social Work Action Group, a Corporation with its principal place of business at 301 N. Spring Street, Lake Elsinore, California 92530 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as a “Party” and collectively as the “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:

Provide Street Outreach and Case Management Services to the Homeless Population of the City of Fontana (hereinafter referred to as “the Project”).

B. City participates in the Emergency Solutions Grant program administered by the United States Department of Housing and Urban Development (“HUD”) under Subtitle B of Title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. § 11371-11378 et seq.) as amended from time to time, Catalog of Federal Domestic Assistance Number 14.231, and the regulations promulgated thereunder (24 C.F.R. § 576 et seq.). Pursuant to the Emergency Solutions Grant program, City receives funds from HUD (“ESG Funds”) to be used to address the needs of homeless persons and persons at-risk of becoming homeless. Additionally, the United States Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act and the President signed it on March 27, 2020, authorizing $2.2 trillion in a variety of stimulus measures to prevent, prepare for, and respond to the COVID-19 pandemic. The law includes $2 billion for Emergency Solutions Grants (referred to as “ESG-CV”) entitlement communities.

C. City may enter into agreements with subrecipients to support the operation and use of the regional Homeless Management Information System (“HMIS”), and ESG and ESG-CV Funds may be used for Emergency Solutions Grant activities including street outreach, emergency shelter, homelessness prevention, and rapid re-housing assistance.

D. Consultant is duly licensed and has the necessary qualifications to provide such services, as required under this Agreement. City desires to hire Consultant to implement the Project using ESG and ESG-CV Funds for services that are eligible expenses under the Emergency Solutions Grant.

E. City’s hiring Consultant pursuant to this Agreement, and the fulfillment of the terms and conditions set forth herein, are in the vital and best interests of the City and the welfare of its residents, and in accordance with the purpose and provisions of the Emergency Solutions Grant program
F. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

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32 16498.00100\41176150.1
2 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.”

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 “B.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement, inclusive of any extended term as allowed under Section 5, exceed the sum of Three Hundred Fifty-Seven Thousand, Six Hundred Ninety-Five Dollars and Zero Cents ($357,695.00). 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; provided, however, that the City shall not be required to make any payments hereunder as reasonably necessary to ensure compliance with the ESG-CV Requirements, as set forth in Section 7(d). Payments to Consultant for work performed will be made on a monthly billing basis.

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 July 1, 2023 to June 30, 2024, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement to renew this Agreement annually for no more than four (4) additional one-year terms should funding to continue the Project be available. 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.

6. Delays in Performance.

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33 16498.00100\41176150.1
3 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 and ESG and ESG-CV Requirements. 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.
d. Consultant shall comply with the requirements of Subtitle B of Title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. § 11371-11378) as amended from time to time, the regulations promulgated thereunder (24 C.F.R. § 576 et seq.), and the legal requirements set forth and referred to in Exhibit “C” attached to this Agreement (“ESG Requirements”). The ESG and ESG-CV Funds shall only be used for expenses for the Scope of Services and allowable for ESG and ESG-CV Funds in accordance with the ESG Requirements.

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.

In addition, Participant shall operate the Program and perform the services required for the Project in compliance with the ESG-CV Requirements.

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
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34 16498.00100\41176150.1
4 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
(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
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35 16498.00100\41176150.1
5 (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
(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 DRAFT
36 16498.00100\41176150.1
6 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 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, 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.

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37 16498.00100\41176150.1
7 h. 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.
i. 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.
j. 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 DRAFT
38 16498.00100\41176150.1
8 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. 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.

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9 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.
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 a Project Manager approved by the City. 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.

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10 21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given 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: Valerie Gonzales, Housing
Development Manager
CONSULTANT:

Social Work Action Group
301 N Spring Street
Lake Elsinore, California 92530
Attn: Monica Sapien
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 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, DRAFT
41 16498.00100\41176150.1
11 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.
[SIGNATURES ON FOLLOWING PAGE]
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12 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

CITY OF FONTANA
By:

Mathew C. Ballantyne
City Manager

SOCIAL WORK ACTION GROUP
By:

Monica Sapien
Executive Director
Attest:

By:

Germaine McClellan Key
City Clerk
Approved as to form:

Best Best & Krieger LLP
City Attorney
By: _____________________________
Phillip Burum
Deputy City Manager

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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13 EXHIBIT A
Scope of Services
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44 Social Work Action Group
Addressing the Homeless in the City of Fontana
FY 2023-2024 Strategic Plan
To address the increase of unsheltered homeless individuals in the City of Fontana, Social Work Action Group (SWAG) has prepared a Strategic Plan of Action. The Strategic Plan specifically targets unsheltered individuals, families, and encampments to reduce the number of visible homeless residing in the City of Fontana. With the assistance of Fontana Police Department, SWAG will identify individuals and geographical areas of concern to prioritize our efforts. SWAG will provide consistent outreach and case management services to those most in need with the ultimate goal of permanent housing. SWAG will build upon our efforts from the last year in Fontana and continue to reduce the homeless population both visibly and documented through the annual Point-in-Time Count. Simultaneously, SWAG will engage, educate, and encourage the community of Fontana to collaborate efforts and spread the message of Responsible Compassion.

1. Census of unsheltered homeless
In every community, it is vital to conduct a thorough and comprehensive census of the unsheltered homeless population. City staff, Fontana Police Department, and SWAG will work together to accurately locate, identify, survey and track, through the creation of a by-name list. A comprehensive assessment will provide an in-depth look at the individual, the circumstances and incidents that led to homelessness, such as severe trauma(s). We will also detail one’s connections and support systems in the city to leverage those individuals and incorporate those resources. This information will be used to develop an individualized action plan. This will be done on an ongoing basis as new individuals enter the city.

2. Outreach to the unsheltered homeless
Street outreach must be intensive, consistent, and strategic and needs the partnership of law enforcement and successful utilization and navigation of systems of care; behavioral health, and substance abuse treatment. Our team is comprised of individuals with specialized backgrounds in behavioral health, substance abuse, and social work who have a fundamental understanding of human development and behaviors. When we develop an action plan, we follow a flow chart that directs our activities and interactions with the individual to achieve specific outcomes, both short and long term.

3. Trip Home/ Family Reunification
When an individual is found living on the streets of Fontana and wants to reconnect with family or a positive support system, we will initiate the Trip Home/ Family Reunification process. First, SWAG will contact the family/ support system to ensure they are willing to accept and house the individual. Next, the Family Reunification/ Trip Home request will be submitted to the SWAG Project Coordinator for approval. The SWAG Outreach Team will purchase a Greyhound bus ticket and ensure the individual boards the bus. SWAG team will contact the family or support system to confirm the individual made it to the destination. Finally, SWAG will submit a request for reimbursement for the cost of Greyhound bus ticket along with all applicable documentation.

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45 Scope of Services
Social Work Action Group (SWAG) will work in conjunction with the City of Fontana to facilitate and lead the overall scope of homeless services for the City of Fontana. Full-time, 40 hours per week, Homeless Outreach team members will serve the project. The SWAG homeless services team will follow a MondayFriday, 7:30am-4:30pm schedule. The term of services will be July 1, 2023-June 30, 2024. SWAG will provide the following activities and services:  Assist with the organization and facilitation of the Point-in-Time Count for January 2024.  Respond to homeless service requests made by city staff, and law enforcement in a timely manner.  Provide immediate crisis stabilization to those experiencing behavioral health, physical crisis and emergencies and connection to behavioral health and substance abuse treatment services.  Case manage individuals that are in treatment and temporary living situations to help ensure they do not return to the streets.  All individuals encountered will be included in the by-name census for the City of Fontana.  Facilitate trips home/family reunification utilizing bus trips for individuals wanting to reunite with an identified support system that is out of the Fontana area.  Individuals found living on the streets will be assisted with obtaining admittance and transportation to emergency shelter, transitional and permanent housing options.  Conduct San Bernardino County housing assessments (including VI-SPDAT when applicable) to unsheltered homeless individuals and families and provide navigation services.  Facilitate community asset mapping for strategic coordination and alignment of community resources that serve at-risk/homeless population.  Connect homeless population to appropriate housing solutions throughout San Bernardino County.  Provide support to the City of Fontana through trainings, presentations and sharing updates related to trends in regional homeless efforts.  Attend and participate in City Council meetings, as requested. 2023-2024 City of Fontana
Service Agreement

EXPENSE CATEGORY
FTE Budget
Outreach & Case Management Services
Two (2) Outreach Specialist - 40 hrs. per week 2.0 $218,988 One (1) Case Manager - 40 hrs. per week 1.0 $109,494
Transportation Costs $12,000
Administration Costs (5%) $17,213
TOTAL BUDGET $357,695
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14 EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Progress report will be located in the form included in this Exhibit B.

Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials contract.

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47 Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 TOTAL Number of Persons assisted by Rapid Rehousing 0
Number of Persons assisted by Rental Assistance 0
Number of Persons assisted by Supportive/Case Management 0 Total Number of Unduplicated Persons assisted by project 0 Number of Individuals to Exit to Homelessness 0
Number of Individuals to Occupy Newly Constructed or Rehabilitated Permanent Housing 0 Number of Individuals to Occupy Newly Constructed or Rehabilitated Transitional Housing 0 Number of Seniors Assisted (65 and older) 0
Number of Veterans Assisted 0
Number of Disabled Persons Assisted 0
Number of Families with Minor Children Assisted 0
Number of Transition-Aged Youth (18-24) Assisted 0

NAVIGATION CENTERS

ACCOMPLISHMENTS
FY 2023-2024
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15 EXHIBIT C

SUMMARY OF LEGAL REQUIREMENTS
In addition to the requirements set forth in other provisions of the Agreement, Consultant shall comply, and shall cause all Consultant Personnel to comply, with the following regulations and requirements insofar as they are applicable to the performance of the Agreement.1

1. Equal Opportunity and Nondiscrimination.
a. The requirements in 24 C.F.R. Part 5, Subpart A are applicable, including the nondiscrimination and equal opportunity requirements at 24 C.F.R. 5.105(a) and the housing counseling requirements at 24 C.F.R. 5.111. Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u, and implementing regulations at 24 CFR part 135 apply, except that homeless individuals have priority over other Section 3 residents in accordance with §576.405(c).
b. Affirmative outreach. Consultant shall make known that use of the facilities, assistance, and services are available to all on a nondiscriminatory basis. If it is unlikely that the procedures that the recipient or subrecipient intends to use to make known the availability of the facilities, assistance, and services will to reach persons of any particular race, color, religion, sex, age, national origin, familial status, or disability who may qualify for those facilities and services, the recipient or subrecipient must establish additional procedures that ensure that those persons are made aware of the facilities, assistance, and services. The recipient and its subrecipients must take appropriate steps to ensure effective communication with persons with disabilities including, but not limited to, adopting procedures that will make available to interested persons information concerning the location of assistance, services, and facilities that are accessible to persons with disabilities. Consistent with Title VI and Executive Order 13166, recipients and subrecipients are also required to take reasonable steps to ensure meaningful access to programs and activities for limited English proficiency (LEP) persons. c. Title VI of the Civil Rights Act of 1964, as amended, including Public Law 88-352 implemented in 24 C.F.R. Part 1. This law provides in part that no person shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. In regard to the sale or lease of the Site, Consultant shall cause or require a covenant running with the land to be inserted in the deed and leases prohibiting discrimination under this Title, and providing that City and the United States are beneficiaries of and entitled to enforce such covenants. Consultant shall enforce such covenant and shall not itself so discriminate.
d. Fair Housing Act, Title VIII of the Civil Rights Act of 1968, as amended, including Public Law 90-234. The Fair Housing Act provides in part that there shall be no discrimination in housing practices on the basis of race, color, religion, sex, and national origin.

The Fair Housing Act was amended in 1988 to provide protections from discrimination in any 1 This exhibit is a list and summary of some of the applicable legal requirements and is not a complete list of all Participant requirements. The description set forth next to a statute or regulation is a summary of certain provisions in the statute or regulation and is in no way intended to be a complete description or summary of the statute or regulation. In the event of any conflict between this summary and the requirements imposed by applicable laws, regulations, and requirements, the applicable laws, regulations, and requirements shall apply.

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49 16498.00100\41176150.1
16 aspect of the sale or rental of housing for families with children and persons with disabilities. The Fair Housing Act also establishes requirements for the design and construction of new rental or for-sale multi-family housing to ensure a minimum level of accessibility for persons with disabilities.
e. Section 109 of Title I of the Housing and Community Development Act of 1974, as amended, including 42 U.S.C. 5301 et. seq., 42 U.S.C. 6101 et. seq., and 29 U.S.C. 794. This law provides in part that no person on the grounds of race, color, national origin, sex, or religion shall be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination under any activity funded in whole or part with funds under this Title. f. Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including 42 U.S.C. 5301 et. seq. This law provides in part that any grant under Section 106 shall be made only if the grantee certifies to the satisfaction of the Secretary of HUD that the grantee will, among other things, affirmatively further fair housing. g. Executive Order 11246, as amended. This order includes a requirement that grantees and subrecipients and their contractors and subcontractors not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. h. Executive Order 11063, as amended, including 24 C.F.R. Part 107.

This order and its implementing regulations include requirements that all actions necessary be taken to prevent discrimination because of race, color, religion, sex, or national origin in the use, occupancy, sale, leasing, rental, or other disposition of property assisted with Federal loans, advances, grants, or contributions.
i. Section 504 of the Rehabilitation Act of 1973, as amended. This Act specifies in part that no otherwise qualified individual shall solely by reason of his or her disability or handicap be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving Federal assistance. Consultant must ensure that its programs are accessible to and usable by persons with disabilities. j. The Americans with Disabilities Act (ADA) of 1990, as amended. This Act prohibits discrimination on the basis of disability in employment by state and local governments and in places of public accommodation and commercial facilities. The ADA also requires that facilities that are newly constructed or altered, by, on behalf of, or for use of a public entity, be designed and constructed in a manner that makes the facility readily accessible to and usable by persons with disabilities. The Act defines the range of conditions that qualify as disabilities and the reasonable accommodations that must be made to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for persons with disabilities.
k. The Age Discrimination Act of 1975, as amended. This law provides in part that no person shall be excluded from participation in, be denied program benefits, or subjected to discrimination on the basis of age under any program or activity receiving federal assistance.
l. EEO/AA Statement. Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of Consultant, state that it is an Equal Opportunity or Affirmative Action employer.

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17 m. Minority/Women Business Enterprise. Consultant will use its best efforts to afford small businesses and minority and women-owned business enterprises the maximum practicable opportunity to participate in the performance of the Agreement. As used in the Agreement, the term “small business” means a business that meets the criteria set forth in Section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and womenowned business enterprise” means a business at least fifty-one percent (51%) owned and controlled by minority group members or women. For the purpose of this definition, “minority group members” are Afro-Americans, Spanish-speaking, Spanish-surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. Consultant may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation.

2. Environmental.
a. ESG activities are subject to environmental review by HUD under 24 C.F.R.

Part 50. The Consultant and City shall supply all available, relevant information necessary for HUD to perform for each property any environmental review required by 24 CFR Part 50. The Consultant shall also carry out mitigating measures required by HUD or select alternate eligible property. HUD may eliminate from consideration any application that would require an Environmental Impact Statement (EIS).
b. Consultant, its subrecipients, or any contractors of the Consultant or subrecipients, may not acquire, rehabilitate, convert, lease, repair, dispose of, demolish, or construct property for a project under this part, or commit or expend HUD or local funds for eligible activities under this part, until HUD has performed an environmental review under 24 C.F.R. Part 50 and the recipient has received HUD approval of the property. c. Air and Water. Consultant shall comply with the following regulations insofar as they apply to the performance of the Agreement: Clean Air Act, 42 U.S.C. 7401, et seq.; Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; and the U.S. Environmental Protection City regulations pursuant to 40 C.F.R.

Part 50, as amended.
d. Flood Disaster Protection Act of 1973. Consultant shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. e. Lead-Based Paint. Consultant shall comply with the Lead-Based Paint Regulations referenced in 24 C.F.R. § 576.403, including 24 C.F.R. Part 35, et. al. f. Historic Preservation. Consultant shall comply with the historic preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 C.F.R. Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties and related laws and Executive Orders, insofar as they apply to the performance of the Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state, or local historic property list.

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18 g. Limitation on Activities Pending Clearance. In accordance with 24 C.F.R. § 58.22 entitled “Limitations on activities pending clearance, “neither a recipient nor any Consultant in the development process, including public or private nonprofit or for-profit entities, or any of their contractors, may commit HUD assistance under a program listed in 24 C.F.R. § 58.1(b) on an activity or project until HUD or the state has approved the recipient’s Request for Release of Funds (RROF) and the related certifications have been approved. Neither a recipient nor any Consultant in the development process may commit non-HUD funds or undertake an activity or project that would have an adverse environmental impact or limit the choice of reasonable alternatives. Upon completion of environmental review or receipt of environmental clearance, City shall notify Consultant. HUD funds shall not be utilized before this requirement is satisfied. The environmental review or violation of the provisions may result in approval, modification of cancellation of the City Grant. If a project or activity is exempt under 24 C.F.R. §

58.34, or is categorically excluded (except in extraordinary circumstances) under 24 C.F.R. § 58.35(b), no RROF is required and the recipient may undertake the activity immediately after the City has documented its determination that each activity or project is exempt and meets the conditions specified for such exemption under this section by issuing a Notice to Proceed.

3. Uniform Administrative Requirements. The uniform administrative requirements described in 2 C.F.R. Part 200 apply to Consultant; and:
a. Program income may be used as matching contributions, subject to the requirements in §576.201; and
b. The disposition of real property for which ESG funds are used for major rehabilitation, conversion, or other renovation under §576.102 is governed by the minimum period of use requirements under §576.102(c).

4. Program Requirements. Consultant shall carry out each activity under the Agreement in accordance with all applicable federal laws and regulations described in Subpart E of 24 C.F.R. § 576 except for City’s environmental responsibilities under 24 C.F.R. § 576.407(d) and City’s responsibility for initiating the review process under the provisions of 24 C.F.R. Part 5.

5. Reversion of Assets. Upon the expiration of the Funding Period or sooner termination of the Agreement, Consultant shall transfer to City (a) any and all CDBG Funds, (b) any accounts receivable attributable to the use of CDBG Funds. In all cases in which equipment acquired, in whole or in part, with funds under the Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under the Agreement were used to acquire the equipment). Equipment not needed by Consultant for activities under the Agreement shall at the election of City either be (a) transferred to City for the CDBG program, or (b) retained by Consultant after compensating City an amount equal to the current fair market value of the equipment less the percentage of non-CDBG Funds used to acquire the equipment.

6. Relocation. City shall not be responsible for relocating any occupants from the Site in connection with the Program or Project. If required, Consultant shall have the sole and exclusive responsibility for providing relocation assistance and paying all relocation costs required to comply with all applicable federal and state laws, rules, and regulations, including the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4601 et seq., as amended, and implementing regulations, and HUD Handbook 1378. Consultant shall indemnify, defend, and hold City harmless from and against any claims, liabilities, damages, or losses made against it by tenants or occupants of the Site, including without limitation claims for relocation assistance, inverse condemnation, and claims otherwise arising from any act or omission of Consultant pursuant to the provision of relocation assistance.

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19 7. Allowable Costs and Audits. Consultant shall comply with and administer the Project and Program in accordance with the requirements of The Office of Management and Budget (OMB) “Super Circular” 2 CFR Part 200, which includes the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for federal awards, as applicable.

8. Records and Reports. Consultant shall provide to City and shall cause each of its contractors, subcontractors and subrecipients to provide to City all records and reports relating to the Project and Program that may be reasonably requested by City in order to enable it to perform its record keeping and reporting obligations pursuant to the CDBG Requirements, including but not limited to those described in the Agreement and 24 C.F.R. § 576.500.

9. Religious Organizations. If Consultant is a religious organization as defined by the ESG Requirements, Consultant shall comply with all conditions prescribed by HUD for the use of ESG Funds by religious organizations, including the First Amendment of the United States Constitution regarding church/state principles and the applicable constitutional prohibitions set forth in 24 C.F.R. § 576.406.

10. Conflict of Interest. Consultant will comply with 24 C.F.R. § 576.404 regarding the avoidance of conflict of interest, which provisions include (but are not limited to) the following:
i. Consultant shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. ii. No employee, officer or agent of the Consultant shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. iii. No covered persons who exercise or have exercised any functions or responsibilities with respect to ESG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the ESG-assisted activity, or with respect to the proceeds from the ESG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a “covered person” includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Consultant, or any designated public agency.

11. Anti-Lobbying Certification. By its execution of the Agreement, Consultant hereby certifies that:
i. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of DRAFT
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20 any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. iii. It will require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. This certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. At the request of City, Consultant shall execute a separate document that contains the certifications set forth above.

12. Drug-Free Workplace Requirements. Consultant shall comply with and be subject to the requirements of the federal drug-free workplace requirements, which include the following actions be taken:
i. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee’s workplace and specifying the actions that will be taken against employees for violation of such prohibition.
ii. Establishing an ongoing drug-free awareness program to inform employees about: (a) the dangers of drug abuse in the work place; (b) the grantee’s policy of maintaining a drug-free workplace; (c) any available drug counseling, rehabilitation, and employee assistance programs; and (d) the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. iii. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (i). iv. Notifying the employee in the statement required by paragraph (i) that, as a condition of employment under the grant, the employee will: (a) abide by the terms of the statement; and (b) notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after such conviction.
v. Notifying the agency in writing, within ten (10) calendar days after receiving notice under sub-paragraph (iv)(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant.
vi. Taking one of the following actions, within thirty (30) calendar days of receiving notice under subparagraph (iv)(b), with respect to any employee who is so convicted: (a) taking appropriate personnel action against such an employee, up to and DRAFT
54 16498.00100\41176150.1
21 including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency. vii. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (i), (ii), (iii), (iv), (v), and (vi).

13. Procurement. Consultant will comply with the procurement standards under 2 C.F.R. §§ 200.317-200.326. Consultant shall comply with all existing and future City policies concerning the purchase of equipment.

14. FY23 Domestic Preferences for Procurements. If the project that is the subject of the Agreement receives more than $250,000 of federal financial assistance, Consultant shall, to the greatest extent practicable under this Agreement, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including iron and steel). If applicable, this requirement shall be included in all subawards including all contracts and purchase orders for work or products paid for in whole or in part with CDBG funds. For the purposes of this requirement, “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

15. Labor Provisions.
a. Section 3 of the Housing and Community Development Act of 1968. If the Agreement provides more than $200,000 of CDBG funds for housing rehabilitation, housing construction, or other public construction, Consultant shall comply with and cause its contractors and subcontractors to comply with the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. § 1701u), the HUD regulations issued pursuant thereto at 24 C.F.R, Part 75, and any applicable rules and orders of HUD issued thereunder. 24 C.F.R, Part 75 specifies that employment and other economic opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible, and consistent with existing Federal, State and local laws and regulations, be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing, and to business concerns which provide economic opportunities to low- and very low-income persons. The following benchmarks for the proportion of work hours by Section 3 workers and Targeted Section 3 workers, as defined at 24 C.F.R. Part 75.21:
i. Twenty-five (25) percent or more of the total number of labor hours worked by all workers on a Section 3 project are Section 3 workers; and ii. Five (5) percent or more of the total number of labor hours worked by all workers on a Section 3 project are Targeted Section 3 workers.

It is the responsibility of contractors and subcontractors to implement efforts to achieve Section 3 compliance. Any contractor that does not meet the Section 3 benchmarks shall demonstrate in writing why meeting the benchmarks were not feasible. b. Labor Standards. Pursuant to 24 C.F.R. § 576.408, the provisions of the Davis-Bacon Act (40 U.S.C. 276a to 276a-5) do not apply to the ESG program.

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77 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2222 Agenda Date: 6/13/2023
Agenda #: C. Category: Consent Calendar
FROM:

Finance
SUBJECT:

Adoption of Ordinance No. 1913 (Second Reading)
RECOMMENDATION:

Second Reading / Adoption of Ordinance No. 1913, An Ordinance of the City Council of the City of Fontana, California, Levying a Special Tax Within the City of Fontana Community Facilities District No. 112 (The Gardens Phase One).

COUNCIL GOALS:
· Practice sound fiscal management by developing long-term funding and debt management plans.

DISCUSSION:

Ordinance No. 1913 was introduced by a vote of 4-0-1 (Council Member Sandoval absent) at the April 25, 2023, Regular City Council meeting.

FISCAL IMPACT:

This District will provide annual funding for maintenance costs, administration and debt service costs once bonds are issued.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 6/1/2023
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4136-5510-0741.1
ORDINANCE NO. _____

AN ORDINANCE OF THE CITY OF FONTANA LEVYING A

SPECIAL TAX WITHIN THE CITY OF FONTANA
COMMUNITY FACILITIES DISTRICT NO. 112 (THE

GARDENS PHASE ONE)
WHEREAS, on March 14, 2023, the City Council (the “City Council”) of the City of Fontana (the “City”), pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), adopted a resolution entitled “A Resolution of the City Council of the City of Fontana of Intention to Establish a Community Facilities District Proposed to be Named City of Fontana Community Facilities District No. 112 (The Gardens Phase One), and to Authorize the Levy of a Special Tax” stating its intention to establish City of Fontana Community Facilities District No. 112 (The Gardens Phase One) (the “Community Facilities District”), to authorize the levy of a special tax (the “Special Tax”) within the Community Facilities District and to finance certain public facilities (the “Facilities”) and services (the “Services”);
WHEREAS, on April 25, 2023, the City Council held a noticed public hearing on the establishment of the Community Facilities District, as required by the Act; WHEREAS, subsequent to the close of said hearing, the City Council adopted resolutions entitled “A Resolution of the City Council of the City of Fontana of Formation of the City of Fontana Community Facilities District No. 112 (The Gardens Phase One), Authorizing the Levy of a Special Tax within the Community Facilities District and Establishing an Appropriations Limit for the Community Facilities District” (the “Resolution of Formation”), “A Resolution of the City Council of the City of Fontana Deeming it Necessary to Incur Bonded Indebtedness within City of Fontana Community Facilities District No. 112 (The Gardens Phase One)” and “A Resolution of the City Council of the City of Fontana Calling Special Election for City of Fontana Community Facilities District No. 112 (The Gardens Phase One),” which resolutions established the Community Facilities District, authorized the levy of the Special Tax within the Community Facilities District and called an election within the Community Facilities District on the proposition of incurring indebtedness, levying the Special Tax within the Community Facilities District and establishing an appropriations limit for the Community Facilities District, respectively; and
WHEREAS, on April 25, 2023, an election was held in which the qualified electors of the Community Facilities District approved said proposition by more than the two-thirds vote required by the Act;

THE CITY COUNCIL OF THE CITY OF FONTANA DOES ORDAIN AS
FOLLOWS:

Section 1. The City Council hereby authorizes and levies the Special Tax within the Community Facilities District pursuant to Sections 53328 and 53340 of the Act, at the rate and in accordance with the method of apportionment set forth in Exhibit B to the Resolution of Formation (the “Rate and Method of Apportionment”). The Special Tax is hereby levied commencing in 79 2
4136-5510-0741.1
fiscal year 2023-24 and in each fiscal year thereafter until the last fiscal year in which such Special Tax is authorized to be levied pursuant to the Rate and Method of Apportionment.

Section 2. The City Council may, in accordance with subdivision (b) of Section 53340 of the Act, provide, by resolution, for the levy of the Special Tax in future tax years at the same rate or at a lower rate than the rate provided by this Ordinance. In no event shall the Special Tax be levied on any parcel within the Community Facilities District in excess of the maximum tax specified therefor in the Rate and Method of Apportionment.

Section 3. The Special Tax shall be levied on all of the parcels in the Community Facilities District, unless exempted by law or by the Rate and Method of Apportionment.

Section 4. The proceeds of the Special Tax shall only be used to pay, in whole or in part, the cost of providing the Facilities and Services and incidental expenses pursuant to the Act.

Section 5. The Special Tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in the case of delinquency as is provided for ad valorem taxes, unless another procedure is adopted by the City Council.

Section 6. If for any reason any portion of this Ordinance is found to be invalid, or if the Special Tax is found inapplicable to any particular parcel within the Community Facilities District, by a court of competent jurisdiction, the balance of this Ordinance and the application of the Special Tax to the remaining parcels within the Community Facilities District shall not be affected.

Section 7. This Ordinance shall take effect and shall be in force 30 days after the date of its adoption and prior to the expiration of 15 days from the passage thereof shall be published at least once in the Fontana Herald News, a newspaper of general circulation, printed and published in the City of Fontana, State of California, together with the names of the City Council members voting for and against the same.

APPROVED AND ADOPTED this ____ day of _________ 2023.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney
80 4136-5510-0741.1
I, Germaine Key, City Clerk of the City of Fontana and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Ordinance is the actual Ordinance introduced at a regular meeting of said City Council on April 25, 2023, and was finally passed and adopted not less than five days thereafter on ___________, 2023, by the following vote, to wit:

AYES:

NOES:

ABSENT:

City Clerk
Mayor
ATTEST:

City Clerk
81 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2167 Agenda Date: 6/13/2023
Agenda #: Category: Consent Calendar
FROM:

Public Works
SUBJECT:

Award bid for the purchase and installation of fabric shade structures at Bill Martin Park (10 spectator shades), Fontana Park (1 playground shade), Jack Bulik Park (14 spectator shades), Heritage Circle Park (1 playground shade), Lemon Pepper Park (1 playground shade), Miller Park (1 playground shade), Southridge Park (1 playground shade), Veterans’ West Park (8 spectator shades).

RECOMMENDATION:

Award bid and authorize the City Manager to award a contract with NR Development Inc. of Downey CA in the amount of $1,510,980.00 for the purchase and installation of thirty-six (37) spectators shade structures and five (5) shade structures over existing playgrounds and authorize a contingency (10%) in the amount of $151,098.00.

COUNCIL GOALS:
· Operate in a businesslike manner by correcting problems immediately. · 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 focusing on relief of traffic congestion.

DISCUSSION:

The purchase and installation of fabric shade structures over spectator bleachers and existing playgrounds will provide a shaded area for the users to enjoy the park facilities year-round, even in hot weather.

City staff conducted the bidding process during March 2023. The shade structure bid (SB-106-PW12) closed on March 16, 2023. Twenty-three (23) bidders were notified of the bid. Bid packages were downloaded/received by thirty-seven (37) vendors. The City received a total of eight (8) bids.

Two (2) Fontana vendors were notified and no Fontana vendors responded. This project had a total engineer estimate of $1,935,000.00. The lowest bid from NR Development Inc. was $1,510,980.00.

After reviewing all the firms that provided a bid for the project, the Purchasing Office has recommended the contract be awarded to NR Development Inc. NR Development Inc. submitted all the documents and therefore is the most responsible and responsive bidder.

Projects for Bill Martin, Lemon Pepper, and Veterans’ West Parks are being funded with American Rescue Plan Act (ARPA) funds as permitted per the Treasury Final Rule. As stated in the Final Rule, City of Fontana Page 1 of 2 Printed on 6/12/2023
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File #: 21-2167 Agenda Date: 6/13/2023
Agenda #: Category: Consent Calendar
Rescue Plan Act (ARPA) funds as permitted per the Treasury Final Rule. As stated in the Final Rule, investments in parks, public plazas, and other outdoor recreation spaces are allowable as they are designed to build stronger neighborhoods and communities and to address health disparities and the social determinants of health for families and individuals living in qualified census tract (QCT) and other disproportionately impacted communities. All proposed parks are either within a QCT or directly adjacent and serving a disadvantaged population.

FISCAL IMPACT:

Funds for the shade structures came from various funding sources and were budgeted in the current FY 2022/2023 Capital Improvement Projects.
· Jack Bulik Park:
o San Bernardino County ARPA Funds
o Account string: 38200006-301-D-8313.
· Southridge Park:
o San Bernardino County Board of Supervisor Discretionary Funds o Account string: 40138202.8329
· Fontana Park, Heritage Circle Park, and Miller Park:
o 2018 Parks Bond Act Per Capita Grants
o Account string: 63538211.8130
· Bill Martin Park, Lemon Pepper Park, and Veterans’ West Park:
o City ARPA Funds
o Account string: 38200005-302-L-8313, 38200005-302-S-8313 & 32800005-302-E-8313 MOTION:

Approved staff recommendation.

City of Fontana Page 2 of 2 Printed on 6/12/2023
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Bid Results
Installation Shade Structures
SB-106-PW-23
NR Development $1,510,980.00
Downey, CA
Ortco, Inc. $1,636,242.96
Orange, CA
R.E. Shultz Construction $1,657,300.00
Orange, CA
M.S. Construction Group $1,891,670.44
Dana Point, CA
J & A Engineering Group $2,189,349.00
Azusa, CA
Environmental Construction $2,245,917.00
Woodland Hills, CA
Shade Structures $2,474,090.87
Orange, CA
OCS Construction $2,611,378.65
Riverside, CA
84 City of Fontana
Installation of Shade Structures at Various Parks (SB-106-PW-12), bidding on 03/16/2023 2:00 PM (PDT)

Printed 03/20/2023
PlanetBids, Inc.
85 City of Fontana
Installation of Shade Structures at Various Parks (SB-106-PW-12), bidding on 03/16/2023 2:00 PM (PDT)

Printed 03/20/2023
PlanetBids, Inc.
86 City of Fontana
Installation of Shade Structures at Various Parks (SB-106-PW-12), bidding on 03/16/2023 2:00 PM (PDT)

Printed 03/20/2023
PlanetBids, Inc.
87 City of Fontana
Installation of Shade Structures at Various Parks (SB-106-PW-12), bidding on 03/16/2023 2:00 PM (PDT)

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PlanetBids, Inc.
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12307 Woodruff Avenue, Downey, CA. 90241
PHONE: (562) 607‐1208; FAX: (562) 381‐7711

INJURY & ILLNESS PREVENTION PLAN

RESPONSIBILITY
The Injury & Illness Prevention Program administrator, Narek Nadzharyan, Danielle Bogdanovich, and all project personnel, have the authority and responsibility for implementing the provisions of the following program for NR Development, Inc. (“NR”). All managers and supervisors are responsible for implementing and maintaining the IIP Program in their work areas and for answering worker questions about the IIP Program. A copy of this IIP Program is readily available from each manager and supervisor upon request.

Responsible Persons:

1. Narek Nadzharyan, President

COMPLIANCE
The abovementioned gentlemen are fully responsible for the assurance that all safety and health procedures are clearly communicated and understood by all employees. This is inclusive; however, not necessarily limited to the proper utilization of safe work practices, following all directives, policies, and procedures and for the maintenance of a safe work environment. Our supervising staff ensures that all workers are in compliance with the established rules of the workplace and observe the following pertinent areas:

1. Ensuring that all workers know and understand the provisions of our IIP Program.

2. Conduct periodic evaluations of each employee’s safety practices.

3. Recognition of employees that do follow safe practices.

4. Re‐training of employees not utilizing safe work practices.

5. A strict disciplinary system for employees who continually fail to convey safe work practices as they impose a danger not only to themselves but to other individuals around them.
110
12307 Woodruff Avenue, Downey, CA. 90241
PHONE: (562) 607‐1208; FAX: (562) 381‐7711

COMMUNICATION
Constant communication between management and staff is the key to our success in the attempt to maintain safe work conditions on both shop and site premises. AWI upholds the following provisions:

1. Orientation requirement for new workers as well as a thorough review of our IIP Program. Translation options are available for the individual proficient in a specific language.

2. Periodic review of our own program and the suggestion of new implementations.

3. Safety & Health training programs.

4. Conducting weekly tool box safety meetings. Examples of topics discussed are inclusive; however, not limited to the following:
a. Any accidents incurred involving employees not following proper safety protocol and any suggestions for maintaining a safe workplace and ways to avoid future accidents.
b. A review of any hazardous conditions located on both shop and site premises such as materials control of items involving welding gases, steel primers.

5. Posted Safety Information.

6. A system where workers can anonymously inform the responsible individuals regarding workplace hazards or workers inflicting such hazards therein.

7. A meeting of three responsible individuals to discuss any all issues occurred. This includes a review of the foreman’s logs, and the discussion of how to prevent injuries, and promote safety within the workplace.

HAZARD ASSESSMENT
Narek Nadzharyan and all on site personnel employed by Narek Nadzharyan, Inc. shall perform periodic safety inspections within the facility and the jobsites, and are performed on the following basis:

1. When new equipment is introduced into the workplace. The weekly tool box safety meetings will go over proper use and storage of the equipment.

2. When occupational injuries or illnesses have occurred such as someone falling off a material lift or a truck when loading the materials, if a steel beam should fall on an individual’s foot, when metal or any other substance gets into 111
12307 Woodruff Avenue, Downey, CA. 90241
PHONE: (562) 607‐1208; FAX: (562) 381‐7711

someone’s eye when they are welding. These are all examples of how we assess an injury when it is present and devise ways to avoid these types of injuries in the future.

3. When we are presented with newly identified hazards such as new primers, thinners, welding machines, etc.

4. When we establish our IIP Program.

5. When we hire or reassign workers to processes, certain operations such as layout and or welding, for which a hazard evaluation has not been conducted.

6. Whenever the workplace warrants an inspection. This is inclusive to a review of the actions of the employees and as to whether they are implementing safe practices in the workplace.

ACCIDENT/EXPOSURE INVESTIGATIONS
The following procedures are implemented for the purposes of investigating an area where there has been an accident or exposure to some hazardous condition:

1. Scheduling an immediate visit of the scene of the accident.

2. Interviewing the injured worker/s and any witnesses to the incident.

3. Conducting a site walk to assess the variables associated with the accident, and determining its cause.

4. Taking immediate corrective action of the exposure, and implementing preventative measures for future accidents.

5. Recording the findings and actions taken to mitigate the situation.

HAZARD CORRECTION
NR takes any and all unsafe, unhealthy, or hazardous work practices very seriously. In the event of such incidents the hazard shall be corrected and the employee reprimanded immediately.

This tends to take place at the following times:

1. Upon discovery of the incident.

2. Upon the reporting from another individual of an incident.

When a hazard is present that cannot be immediately abated without endangering the lives or health of the employees, all exposed workers will be removed from the site of the hazard with the exception of those skilled to cure the hazardous conditions. All employees in the event will 112
12307 Woodruff Avenue, Downey, CA. 90241
PHONE: (562) 607‐1208; FAX: (562) 381‐7711

be provided with protective wear and equipment. All actions taken for hazard correction will be documented per company records accordingly.

TRAINING & INSTRUCTION
All employees shall receive training on job specific safety and health practices on the following premises:
a. When the IIP Program is first established.
b. To all new workers.
c. To existing workers provided with new job assignments. d. Whenever a new substance, material, process or procedure is introduced in the workplace.
e. When the employer is made aware of a new or unrecognized hazard. f. To all supervisory staff to communicate to the workers under their direction at the jobsites.
g. To all employees presented with a specific hazard related to their job scope.

Workplace safety and health practices:

1. NR will provide an explanation of the IIP Program, emergency action plan, escape plan in the event of a fire, the reporting of unsafe conditions and or work practices.

2. Proper use of clothing inclusive to gloves, footwear, and protective eyewear.

3. Information regarding chemical hazards for which employees could be exposed.

4. Restroom and drinking water facilities.

5. First‐aid kit for medical services.

If specific safety instructions were not covered per previous job training we ensure that such subjects are covered with additional training.

RECORD KEEPING
NR falls under Category 1 in terms of our record keeping policy for hazard assessments and have taken the following steps to ensure the implementation and maintenance of our IIP Program:
113
12307 Woodruff Avenue, Downey, CA. 90241
PHONE: (562) 607‐1208; FAX: (562) 381‐7711

1. Keeping of records concerning hazard assessments. The names of the individuals conducting such inspection are noted on the records. Unsafe conditions are noted, and the corrective measures taken and recorded on a hazard assessment correction form.

2. Documentation of safety and health training for each worker. Such records include the workers name, training date, type of training received. In the event an outside service approved by Cal‐OSHA is hired the records are presented in the same manner or in accordance to the requirements of the outside service.

3. Inspection records are maintained for (1) calendar year, with the exception of workers who have been hired for less than (1) calendar year. Such records are provided to the worker upon termination from the company.

NR’s LIST OF TRAINING SUBJECTS

1. Employer’s Code of Safe Practices

2. Safe Access to working Areas

3. Fall Protection

4. To refrain from electrical hazards such as high voltage power lines.

5. Materials Handling

6. Power Tool Operation

7. Fall Protection from Elevated areas.

8. Slips, falls, and back injuries.

9. Proper lifting techniques.

10. Hazardous Chemical Exposures.

11. Use of Material Lifts, Scissor Lifts, Crane Operation.

12. Machine, Machine parts.
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City of Fontana
Installation of Shade Structures at Various Parks (SB-106-PW-12), bidding on 03/16/2023 2:00 PM (PDT)

Printed 05/02/2023
PlanetBids, Inc.
123
City of Fontana
Installation of Shade Structures at Various Parks (SB-106-PW-12), bidding on 03/16/2023 2:00 PM (PDT)

Printed 05/02/2023
PlanetBids, Inc.
124
City of Fontana
Installation of Shade Structures at Various Parks (SB-106-PW-12), bidding on 03/16/2023 2:00 PM (PDT)

Printed 05/02/2023
PlanetBids, Inc.
125
City of Fontana
Installation of Shade Structures at Various Parks (SB-106-PW-12), bidding on 03/16/2023 2:00 PM (PDT)

Printed 05/02/2023
PlanetBids, Inc.
126
City of Fontana
Installation of Shade Structures at Various Parks (SB-106-PW-12), bidding on 03/16/2023 2:00 PM (PDT)

Printed 05/02/2023
PlanetBids, Inc.
127
City of Fontana
Installation of Shade Structures at Various Parks (SB-106-PW-12), bidding on 03/16/2023 2:00 PM (PDT)

Printed 05/02/2023
PlanetBids, Inc.
128
City of Fontana
Installation of Shade Structures at Various Parks (SB-106-PW-12), bidding on 03/16/2023 2:00 PM (PDT)

Printed 05/02/2023
PlanetBids, Inc.
129
City of Fontana
Installation of Shade Structures at Various Parks (SB-106-PW-12), bidding on 03/16/2023 2:00 PM (PDT)

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PlanetBids, Inc.
130
City of Fontana
Installation of Shade Structures at Various Parks (SB-106-PW-12), bidding on 03/16/2023 2:00 PM (PDT)

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City of Fontana
Installation of Shade Structures at Various Parks (SB-106-PW-12), bidding on 03/16/2023 2:00 PM (PDT)

Printed 05/02/2023
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2175 Agenda Date: 6/13/2023
Agenda #: E. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Adopt Resolution No. 2023-034 for Projects Funded by the Road Repair and Accountability Act SB1 RECOMMENDATION:

Adopt Resolution No. 2023-034 of the City Council of the City of Fontana to incorporate projects funded by SB-1, the Road Repair and Accountability Act for Fiscal Year 2023/2024.

COUNCIL GOALS:
· 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.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by focusing on relief of traffic congestion.

DISCUSSION:

On April 28, 2017, the Governor of the State of California signed Senate Bill 1 (SB-1), the Road Repair and Accountability Act of 2017. The “Gas Tax” funds shall be for basic road maintenance, rehabilitation, and critical safety needs on both state highway and the local street roadway system.

SB-1 emphasizes the importance of accountability and transparency in the delivery of California’s transportation programs. Therefore, eligibility of Road Maintenance and Rehabilitation Account (RMRA) funding requires cities to adhere to specific documentation submittal to the California Transportation Commission (CTC).

Prior to the City of Fontana approving apportionment of the RMRA funds, a list of projects proposed to be funded by SB-1 must be adopted by the City Council at a regular public meeting.

For Fiscal Year 2023-24, it is anticipated the City will receive $5,260,689.00 of SB-1, RMRA funds.

Engineering has identified the following list of projects for SB-1, RMRA funding use:
· Jurupa Avenue Pavement Rehabilitation (Hemlock Avenue to Citrus Avenue) · Jurupa Avenue Pavement Rehabilitation (Citrus Avenue to Sierra Avenue) · Village of Heritage South Pavement Rehabilitation and Maintenance (residential streets City of Fontana Page 1 of 2 Printed on 6/7/2023
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File #: 21-2175 Agenda Date: 6/13/2023
Agenda #: E. Category: Consent Calendar
between Liberty Parkway and Foothill Boulevard and between East Avenue and Cherry Avenue)
· Sierra Avenue Pavement Rehabilitation (San Bernardino Avenue to Valley Boulevard) · Rose Avenue Pavement Rehabilitation (Cul-de-Sac west Calabash Avenue) · Citrus & Summit Pavement Maintenance (residential streets between Casa Grande Avenue and Summit Avenue and between Citrus Avenue and Cypress Avenue) · Southridge Grid 52 North Pavement Maintenance (residential streets between Beech Avenue and Citrus Avenue and between Jurupa Avenue and the SCE right of way) · Sierra Lakes Pavement Maintenance (residential streets between Citrus Avenue and Sierra Avenue and between Summit Avenue and Sierra Lakes Parkway) · Grid 42 Central Mix REAS (various streets between Sierra Avenue and Alder Avenue and between San Bernardino Avenue and Valley Boulevard)
· Grid 35 Central Mix REA (various streets between Merrill Avenue and San Bernardino Avenue and between Sierra Avenue and Alder Avenue.

Estimated useful life: 5 to 15 years
Anticipated year of construction: 2023 thru 2024
FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $5,260,689.00 and will be submitted in the FY 2023-24 budget and will be funded by RMRA Fund (Fund 283) MOTION:

Approve staff recommendation
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RESOLUTION NO. 2023-____
RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-24 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Fontana are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City of Fontana must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City of Fontana, will receive an estimated $5,260,689.00 in RMRA funding in Fiscal Year 2023-24 from SB 1; and
WHEREAS, this is the seventh year in which the City of Fontana is receiving SB 1 funding and will enable the City of Fontana to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City of Fontana has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City of Fontana used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most highpriority and cost-effective projects that also meet the communities priorities for transportation investment; and
WHEREAS, the funding from SB 1 will help the City of Fontana maintain and rehabilitate up to 58 lane miles of streets/roads, and all of the required ADA curb ramp, 135
curb and gutter, and striping upgrades throughout the City of Fontana this year and many more of similar projects into the future; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City of Fontana streets and roads are in an “good” condition and this revenue will help us maintain or increase the overall quality of our road system and over the next decade will keep our streets and roads in a “good” condition, or bring our streets and roads into a “excellent” condition; and

WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Fontana, State of California, as follows:

1. The foregoing recitals are true and correct.

2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account revenues:

Project Title: Jurupa Avenue Pavement Rehabilitation
Project Description: Grind & Overlay and Pavement Patching Project to include all pre-construction and construction costs, which include design, survey, Geotech, grind and overlay, pavement repairs, ADA ramp upgrades, curb and gutter, cross gutters, loops, striping, and testing, but may include additional work.

Project Location: Jurupa Avenue (Hemlock Avenue to Citrus Avenue) Estimated Pre-Construction Schedule: Start (07/23)- Completion (01/24) Estimated Construction Schedule: Start (02/24)– Completion (05/24) based on the component being funded with RMRA funds
Estimated Project Useful Life: 7 to 15 years

136
Project Title: Jurupa Avenue Pavement Rehabilitation
Project Description: Grind & Overlay and Pavement Patching Project to include all pre-construction and construction costs, which include design, survey, Geotech, grind and overlay, pavement repairs, ADA ramp upgrades, curb and gutter, cross gutters, loops, striping, and testing, but may include additional work.

Project Location: Jurupa Avenue (Citrus Avenue and Sierra Avenue) Estimated Pre-Construction Schedule: Start (07/23)- Completion (01/24) Estimated Construction Schedule: Start (02/24)– Completion (05/24) based on the component being funded with RMRA funds
Estimated Project Useful Life: 7 to 15 years
Project Title: Village of Heritage South
Project Description: Pavement Removal & Replacement, Slurry Seal, and Grind & Overlay
Project to include all pre-construction and construction costs, which include design, survey, Geotech, grind and overlay, pavement repairs, crack sealing, slurry seal, ADA ramp upgrades, curb and gutter, cross gutters, loops, striping, and testing, but may include additional work.

Project Location: Residential streets between Liberty Parkway and Foothill Boulevard and between East Avenue and Cherry Avenue
Estimated Pre-Construction Schedule: Start (07/23)- Completion (01/24) Estimated Construction Schedule: Start (01/24)– Completion (05/24) based on the component being funded with RMRA funds
Estimated Project Useful Life: 7 to 15 years
Project Title: Sierra Avenue
Project Description: Grind & Overlay and Pavement Patching Project to include all pre-construction and construction costs, which include design, survey, Geotech, grind and overlay, pavement repairs, ADA ramp upgrades, curb and gutter, cross gutters, loops, striping, and testing, but may include additional work.

Project Location: Sierra Avenue (San Bernardino Avenue to Valley Boulevard)
Estimated Pre-Construction Schedule: Start (07/23)- Completion (01/24) Estimated Construction Schedule: Start (01/24)– Completion (05/24) based on the component being funded with RMRA funds
Estimated Project Useful Life: 7 to 15 years
137
Project Title: Rose Avenue
Project Description: Pavement Removal and Replacement
Project to include all pre-construction and construction costs, which include design, survey, Geotech, grind and overlay, pavement repairs, ADA ramp upgrades, curb and gutter, cross gutters, loops, striping, and testing, but may include additional work.

Project Location: Cul-de-Sac street west of Calabash Avenue, south of Santa Ana Avenue
Estimated Pre-Construction Schedule: Start (07/23)- Completion (01/24) Estimated Construction Schedule: Start (01/24)– Completion (05/24) based on the component being funded with RMRA funds
Estimated Project Useful Life: 7 to 15 years
Project Title: Citrus and Summit Slurry
Project Description: Slurry Seal and Pavement Patching
Project to include all pre-construction and construction costs, which include design, survey, Geotech, grind and overlay, pavement repairs, crack sealing, slurry seal, ADA ramp upgrades, curb and gutter, cross gutters, loops, striping, and testing, but may include additional work.

Project Location: Residential streets between Casa Grande Avenue and Summit Avenue and between Citrus Avenue and Cypress Avenue Estimated Pre-Construction Schedule: Start (07/23)- Completion (01/24) Estimated Construction Schedule: Start (01/24)– Completion (05/24) based on the component being funded with RMRA funds
Estimated Project Useful Life: 5 to 10 years
Project Title: Southridge Grid 52 North
Project Description: Slurry Seal and Pavement Patching
Project to include all pre-construction and construction costs, which include design, survey, Geotech, grind and overlay, pavement repairs, crack sealing, slurry seal, ADA ramp upgrades, curb and gutter, cross gutters, loops, striping, and testing, but may include additional work.

Project Location: Residential streets between Beech Avenue and Citrus Avenue and between Jurupa Avenue and the Utility Corridor.

Estimated Pre-Construction Schedule: Start (07/23)- Completion (01/24) Estimated Construction Schedule: Start (01/24)– Completion (05/24) based on the component being funded with RMRA funds
Estimated Project Useful Life: 5 to 10 years

138
Project Title: Sierra Lakes Pavement Maintenance
Project Description: Slurry Seal and Pavement Patching
Project to include all pre-construction and construction costs, which include design, survey, Geotech, grind and overlay, pavement repairs, crack sealing, slurry seal, ADA ramp upgrades, curb and gutter, cross gutters, loops, striping, and testing, but may include additional work.

Project Location: Residential streets between Citrus Avenue and Sierra Avenue and between Summit Avenue and Sierra Lakes Parkway Estimated Pre-Construction Schedule: Start (07/23)- Completion (01/24) Estimated Construction Schedule: Start (01/24)– Completion (05/24) based on the component being funded with RMRA funds
Estimated Project Useful Life: 5 to 10 years
Project Title: Grid 42 Central Mix REAS Project
Project Description: REAS Slurry Seal and Pavement Patching Project to include all pre-construction and construction costs, which include design, survey, Geotech, grind and overlay, pavement repairs, crack sealing, slurry seal, ADA ramp upgrades, curb and gutter, cross gutters, loops, striping, and testing, but may include additional work.

Project Location: Residential streets between Sierra Avenue and Alder Avenue and between San Bernardino Avenue and Valley Boulevard Estimated Pre-Construction Schedule: Start (07/23)- Completion (01/24) Estimated Construction Schedule: Start (01/24)– Completion (05/24) based on the component being funded with RMRA funds
Estimated Project Useful Life: 7 to 10 years
Project Title: Grid 35 Central Mix REAS Project
Project Description: REAS Slurry Seal and Pavement Patching Project to include all pre-construction and construction costs, which include design, survey, Geotech, grind and overlay, pavement repairs, crack sealing, slurry seal, ADA ramp upgrades, curb and gutter, cross gutters, loops, striping, and testing, but may include additional work.

Project Location: Residential streets between Merrill Avenue and San Bernardino Avenue and between Sierra Avenue and Alder Avenue Estimated Pre-Construction Schedule: Start (07/23)- Completion (01/24) Estimated Construction Schedule: Start (01/24)– Completion (05/24) based on the component being funded with RMRA funds
Estimated Project Useful Life: 7 to 10 years
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APPROVED AND ADOPTED this 13th day of June, 2023.
____________________________________
City Attorney
I, Germaine Key, City Clerk and Ex-Officio Clerk of the City of Fontana, California, do hereby certify that the foregoing Resolution is the actual Resolution duly and regularly adopted by the City Council at a regular meeting of said City Council on the 13th day of June, 2023, by the following to-wit:

AYES:

NOES:

ABSENT:

City Clerk of the City of Fontana

Mayor of the City of Fontana
ATTEST:

City Clerk
140
Fontana 2023/2024 RMRA SB-1 Pavement Maintenance & Rehabilitation Project List Project
Year Project Description Project Area
Lane
Miles
Square
Footage
Estimated Cost
at Current
Pricing
Estimated
Schedule
Estimated
Useful life
Council
District(s)
2023/2024
Jurupa Avenue Pavement
Rehabilitation Hemlock Ave to Citrus Ave 8.7 612,067 $2,076,168.00 02/24 thru
05/24 7 to 15 Years 3
2023/2024
Jurupa Avenue Pavement
Rehabilitation Citrus Ave to Sierra Ave 7.33 524,613 $1,771,533.00 02/24 thru
05/24 7 to 15 Years 3
2023/2024
Village of Heritage South
Pavement Rehabilitation &
maintenance
Residential streets between Liberty Pkwy &
Foothill Blvd and East Ave & Cherry Ave 8 766,591 $3,638,522.00 01/24 thru
05/24 7 to 15 Years 1
2023/2024
Sierra Avenue Pavement
Rehabilitation San Bernardino Ave to Valley Blvd 2.25 168,647 $733,942.00 01/24 thru
05/24 7 to 15 Years 4
2023/2024
Rose Avenue Pavement
Rehabilitation West of Calabash 0.25 22,869 $295,083.00 01/24 thru
05/24 7 to 15 Years 3
2023/2024
Citrus & Summit Pavement
Maintenance
All residential streets between Casa Grande
Ave & Summit Ave and Citrus Ave & Cypress
Ave 6 550,000 $345,000.00
01/24 thru
05/24 5 to 10 Years 2
2023/2024
Southridge - Grid 52 North
Pavement Maintenance
Residential streets between Beech Ave &
Citrus Ave and Jurupa Ave & SCE ROW. 3.8 366,441 $383,221.00 01/24 thru
05/24 5 to 10 Years 3
2023/2024 Grid 42 - Central Mix REAS
Residential streets between Sierra Ave &
Alder Ave and San Bernardino Ave and Valley
Blvd. TBD TBD $60,000.00
01/24 thru
05/24 7 to 10 Years 4
2023/2024 Grid 35 - Central Mix REAS
Residential streets between Merrill & San
Bernardino and Sierra & Alder TBD TBD $60,000.00
01/24 thru
05/24 7 to 10 Years 4
2023/2024
Sierra Lakes Pavement
Maintenance
All residential streets between Citrus Ave &
Sierra Ave and Summit Ave & Sierra Lakes
Pkwy 21.9 2,412,252 $1,516,126.00
01/24 thru
05/24 5 to 10 Years 2
SUBTOTAL: 58 5,423,480 $10,879,595.00
141
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2180 Agenda Date: 6/13/2023
Agenda #: F. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Award a construction contract for the 2022-23 SB-1 Road Repair and Accountability Act for the Foothill Boulevard from East Avenue to Hemlock Avenue Street Rehabilitation Project.

RECOMMENDATION:

1. Award bid and authorize the City Manager to execute a construction contract with Matich Corporation for the construction of the Foothill Boulevard from East Avenue to Hemlock Avenue Street Rehabilitation Project in the amount of $3,086,152.00 and authorize a 10% contingency in the amount of $308,615.20 (Bid No. SB-117-DE-23).

2. Approve and authorize the City Manager to execute any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the Foothill Boulevard from East Avenue to Hemlock Avenue Street Rehabilitation Project.

COUNCIL GOALS:
· 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.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by focusing on relief of traffic congestion.

DISCUSSION:

The City of Fontana’s approved Capital Improvement Program Budget includes the Foothill Boulevard from East Avenue to Hemlock Avenue Street Rehabilitation Project. The proposed improvements include the rehabilitation of existing asphalt pavement and the reconstruction of curb ramps. The project will improve ride quality, increase pavement service life, and enhance the safety of both vehicular and pedestrian traffic.

This is a cooperative project with the County of San Bernardino and the city will receive $87,105.50 from the County. The cooperative agreement was approved by Council on May 9, 2023. San Bernardino County Board of Supervisors also approved the agreement on June 13, 2023.

On April 24, 2023, bids for this contract were opened. A total of three (3) bids were received, ranging from $3,086,152.00 to $4,100,000.00. Matich Corporation is the lowest bidder in the amount of $3,086,152.00. The Engineer’s estimate was $3,182,214.11.

City of Fontana Page 1 of 2 Printed on 6/8/2023
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File #: 21-2180 Agenda Date: 6/13/2023
Agenda #: F. Category: Consent Calendar
After reviewing the proposed bid documents and performing reference checks, the Engineering staff has determined Matich Corporation to be the lowest responsible and responsive bidder.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $3,394.767.20 and is included in the 2022-23 budget in 38104130-283-F-8329.

MOTION:

Approve staff recommendation
City of Fontana Page 2 of 2 Printed on 6/8/2023
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Bid Results
Foothill Blvd – East Ave to Hemlock Ave
Street Rehabilitation Project
SB-117-DE-23
Matich Corporation $3,086,152.00
San Bernardino, CA
All American Asphalt $3,472,222.00
Corona, CA
Hardy & Harper, Inc. $4,100,000.00
Lake Forest, CA
144
City of Fontana
FOOTHILL BLVD. FROM EAST AVE. TO HEMLOCK AVE. STREET REHABILIATION PROJECT (SB-117-DE-23), bidding on 04/24/2023 5:00 PM (PDT)

Printed 04/25/2023
PlanetBids, Inc.
145
City of Fontana
FOOTHILL BLVD. FROM EAST AVE. TO HEMLOCK AVE. STREET REHABILIATION PROJECT (SB-117-DE-23), bidding on 04/24/2023 5:00 PM (PDT)

Printed 04/25/2023
PlanetBids, Inc.
146
City of Fontana
FOOTHILL BLVD. FROM EAST AVE. TO HEMLOCK AVE. STREET REHABILIATION PROJECT (SB-117-DE-23), bidding on 04/24/2023 5:00 PM (PDT)

Printed 04/25/2023
PlanetBids, Inc.
147
City of Fontana
FOOTHILL BLVD. FROM EAST AVE. TO HEMLOCK AVE. STREET REHABILIATION PROJECT (SB-117-DE-23), bidding on 04/24/2023 5:00 PM (PDT)

Printed 04/25/2023
PlanetBids, Inc.
148
8353 Sierra Avenue City of Fontana Fontana, CA 92335
Legislation Details (With Text)
File #: 21-2141 Version: 1 Name:

Type: Consent Calendar Status: Agenda Ready
File created: 4/12/2023 In control: City Council Meeting On agenda: 5/9/2023 Final action:

Title: Approve a Cooperative Agreement with the County of San Bernardino for Construction of Foothill Boulevard from East Avenue to Hemlock Avenue Street Rehabilitation Project Sponsors:

Indexes:

Code sections:

Attachments: 1. Master Plan, 2. Cooperative Agreement
Date Ver. Action By Action Result
FROM:

Engineering
SUBJECT:

Approve a Cooperative Agreement with the County of San Bernardino for Construction of Foothill Boulevard from East Avenue to Hemlock Avenue Street Rehabilitation Project RECOMMENDATION:

1. Approve and authorize the City Manager to execute a Cooperative Agreement for Construction of Foothill Boulevard from East Avenue to Hemlock Avenue Street Rehabilitation Project

2. Accept outside Agency contribution of $87,015.50 for Project No. 38104130, Pavement Rehabilitation - RMRA

3. Authorize the City Manager to execute any future amendments to the Cooperative Agreement for the Foothill Boulevard from East Avenue to Hemlock Avenue Street Rehabilitation Project COUNCIL GOALS:
· 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 focusing on relief of traffic congestion.

DISCUSSION:

The City of Fontana’s approved Capital Improvement Program budget includes the Foothill Boulevard Pavement Rehabilitation project from East Avenue to Hemlock Avenue Street (Project). The proposed improvements include rehabilitation of existing asphalt concrete pavement and reconstruction of curb ramps. The project will improve ride quality, increase pavement service life, City of Fontana Page 1 of 2 Printed on 5/3/2023
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File #: 21-2141, Version: 1
reconstruction of curb ramps. The project will improve ride quality, increase pavement service life, and enhance safety of both vehicular and pedestrian traffic.

The segment of the project along the south half of Chestnut Avenue is within the County’s jurisdiction.

In November 2022, City staff requested the County to participate with project funding. The County determined that the proposed improvements would benefit the County roadway and agreed with the funding participation. The total project cost is estimated at $3,850,478.50 whereas the County’s participation is $87,015.50.

The cooperative agreement defines the financial responsibilities for both the City of Fontana and San Bernardino County for the construction of the Project. The City of Fontana will be the lead agency for the design and construction. The construction of the project is expected to begin in July 2023.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is an increase in revenues and expenditures in Capital Improvement Fund #602 by $87,015.50 to Project No. 38104130-602-F Pavement Rehabilitation - RMRA. Funds in the amount of $3,758,935.52 for the City of Fontana’s share of the project are already budgeted in RMRA Fund (Fund 283) in Project No. 38104130-283-F8329, Pavement Rehabilitation - RMRA. Appropriation for Fund 602 funds will be requested at FY 2022/23 fourth quarter.

MOTION:

Approve staff recommendation
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N 0 1 inch = 1250 feet 2500 1250 FOOTHILL BOULEVARD FROM EAST AVENUE TO HEMLOCK AVENUE STREET REHABILITATION PROJECT (SB-117-DE-23) PROJECT LOCATION 151
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2191 Agenda Date: 6/13/2023
Agenda #: G. Category: Consent Calendar
FROM:

Public Works
SUBJECT:

Award bid for the purchase and installation of one (1) Metal Picnic Structure at Miller Park, and Two (2) Metal Picnic Structures at North Tamarind Park.

RECOMMENDATION:

Award bid (SB-116-PW-23) and authorize the City Manager to execute a contract with Western State Builders, Inc. of Escondido CA in the amount of $249,229.00 for the purchase and installation of three (3) Metal Picnic Structures and authorize a 10% contingency in the amount of $24,923.00. · Operate in a businesslike manner by correcting problems immediately. · Practice sound fiscal management by living within our means while investing in the future.
· Invest in the City’s infrastructure (streets, sewer, park, etc.) by improving the aesthetics of the community through code enforcement, street sweeping, and landscape maintenance.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.

DISCUSSION:

This purchase and installation of the metal picnic structures will provide a shade area for the users to enjoy the Miller Park facilities year-round including during special events. North Tamarind Park currently has a metal picnic structure that has reached its life expectancy and it will be removed and replaced. Also, there will be a second, larger metal picnic structure to be installed at North Tamarind Park. This larger secondary picnic structure at North Tamarind Park would be available for rental to both the community and the adjacent elementary school for events and private parties.

City staff conducted the bidding process during March and April of 2023. The Metal Picnic Structure Bid (SB-116-PW-23) closed on April 11, 2023. The City received a total of six (6) bids. This project had a total engineers estimate of $240,000. The lowest bidder was NR Development Inc.; however, they requested to withdraw their bid due to a mistake in their bid numbers and a misunderstanding of the bid specifications. The second most responsible bidder is Western State Builders, Inc. and their bid total is $249,229.00.

After reviewing all the firms that provided bids for the project, the Purchasing Office has recommended the contract be awarded to Western State Builders, Inc. as they have submitted all the City of Fontana Page 1 of 2 Printed on 6/1/2023
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File #: 21-2191 Agenda Date: 6/13/2023
Agenda #: G. Category: Consent Calendar
required documents and therefore are the most responsible and responsive bidder.

This project is being funded with American Rescue Plan Act (ARPA) funds as permitted per the Treasury Final Rule. As stated in the Final Rule, investments in parks, public plazas, and other outdoor recreation spaces are allowable as they are designed to build stronger neighborhoods and communities and to address health disparities and the social determinants of health for families and individuals living in qualified census tract (QCT) and other disproportionately impacted communities.

North Tamarind Park is located within a QCT.

FISCAL IMPACT:

Funds for these projects are ARPA and are budgeted in the current FY 2022/2023 CIP budget strings; Park Improvements (Miller Park) #38200005-302-F-8313, and Park Improvements (North Tamarind Park) #38200005-302-O-8313 and Park Improvements (North Tamarind Park) #38200005-302-P8313.

MOTION:

Approve Staff Recommendation
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Bid Results
Metal Picnic Shelters
Miller Park and Tamarind Park
SB-116-PW-23
Western State Builders, Inc. $249,229.00
Escondido, CA
RE Chaffee Construction $397,400.00
Wrighwood, CA
Jergensen Construction $460,000.00
Oak Hills, CA
CS Legacy Construction $626,550.19
Walnut, CA
M-RE Construction $750,000.00
South El Monte, CA
154
City of Fontana
Purchase and Installation of Metal Picnic Shelters at Miller Park and North Tamarind Park (SB-116-PW-23), bidding on 04/11/2023 10:00 AM (PDT)

Printed 05/03/2023
PlanetBids, Inc.
155
City of Fontana
Purchase and Installation of Metal Picnic Shelters at Miller Park and North Tamarind Park (SB-116-PW-23), bidding on 04/11/2023 10:00 AM (PDT)

Printed 05/03/2023
PlanetBids, Inc.
156
City of Fontana
Purchase and Installation of Metal Picnic Shelters at Miller Park and North Tamarind Park (SB-116-PW-23), bidding on 04/11/2023 10:00 AM (PDT)

Printed 05/03/2023
PlanetBids, Inc.
157
City of Fontana
Purchase and Installation of Metal Picnic Shelters at Miller Park and North Tamarind Park (SB-116-PW-23), bidding on 04/11/2023 10:00 AM (PDT)

Printed 05/03/2023
PlanetBids, Inc.
158
City of Fontana
Purchase and Installation of Metal Picnic Shelters at Miller Park and North Tamarind Park (SB-116-PW-23), bidding on 04/11/2023 10:00 AM (PDT)

Printed 05/03/2023
PlanetBids, Inc.
159
City of Fontana
Purchase and Installation of Metal Picnic Shelters at Miller Park and North Tamarind Park (SB-116-PW-23), bidding on 04/11/2023 10:00 AM (PDT)

Printed 05/03/2023
PlanetBids, Inc.
160
City of Fontana
Purchase and Installation of Metal Picnic Shelters at Miller Park and North Tamarind Park (SB-116-PW-23), bidding on 04/11/2023 10:00 AM (PDT)

Printed 05/03/2023
PlanetBids, Inc.
161
City of Fontana
Purchase and Installation of Metal Picnic Shelters at Miller Park and North Tamarind Park (SB-116-PW-23), bidding on 04/11/2023 10:00 AM (PDT)

Printed 05/03/2023
PlanetBids, Inc.
162
City of Fontana
Purchase and Installation of Metal Picnic Shelters at Miller Park and North Tamarind Park (SB-116-PW-23), bidding on 04/11/2023 10:00 AM (PDT)

Printed 05/03/2023
PlanetBids, Inc.
163
City of Fontana
Purchase and Installation of Metal Picnic Shelters at Miller Park and North Tamarind Park (SB-116-PW-23), bidding on 04/11/2023 10:00 AM (PDT)

Printed 05/03/2023
PlanetBids, Inc.
164
City of Fontana
Purchase and Installation of Metal Picnic Shelters at Miller Park and North Tamarind Park (SB-116-PW-23), bidding on 04/11/2023 10:00 AM (PDT)

Printed 05/03/2023
PlanetBids, Inc.
165
City of Fontana
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City of Fontana
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City of Fontana
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City of Fontana
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City of Fontana
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City of Fontana
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City of Fontana
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City of Fontana
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2202 Agenda Date: 6/13/2023
Agenda #: H. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve a Dedication of Right of Way for a Certain Portion of Victoria Avenue Related to a Proposed Pedestrian Bridge Across the San Sevaine Channel
RECOMMENDATION:

Approve and authorize the City Manager to execute a dedication of right of way for a certain portion of Victoria Avenue across the San Sevaine Channel
COUNCIL GOALS:
· 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:

Tract No. 20229 is located east of the San Sevaine Channel and south of Victoria Avenue. The subdivision consists of 193 condominium units and was conditionally approved by Planning Commission on September 10, 2019.

On January 31, 2020, a Development Agreement for Tract No. 20229 was recorded between the City and the subdivider, SC VICTORIA, LLC. The agreement required the developer to construct a pedestrian bridge on Victoria Avenue across the San Sevaine Channel.

Subsequently, the agreement was amended on April 26, 2023, to the new owner, RESCAL VICTORIA 193, LLC, a California Limited Liability Company, and the new owner obtained an additional right of way from the San Bernardino County Flood Control District (SBCFCD) to construct the pedestrian bridge.

This action will authorize the City Manager to accept from SBCFCD the right of way necessary to construct the bridge.

FISCAL IMPACT:

This action only authorizes the City Manager to accept the right of way. Therefore, there is no fiscal impact to City.

MOTION:

City of Fontana Page 1 of 2 Printed on 6/7/2023
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File #: 21-2202 Agenda Date: 6/13/2023
Agenda #: H. Category: Consent Calendar
Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 6/7/2023
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1 Recording Requested By:

City of Fontana
Mail To:

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
ATTN: Engineering Division
Record without fee subject to Gov’t
Code 6103 and 27383
Project: Etiwanda Creek
Channel System No.: 1.700
Parcel No.: 135
Dept. Code: 11600
EASEMENT DEED D.P. No.: 1.700 /
APN: 0228-091-42 (portion)
Date: October 4, 2022
The undersigned grantor(s) declare(s):

DOCUMENTARY TRANSFER TAX $
computed on full value of property conveyed, or
computed on full value less liens and encumbrances remaining at the time of sale Unincorporated Area City: Fontana
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT , a body corporate and politic, hereinafter referred to as “Grantor”, does hereby grant to CITY OF FONTANA, a municipal corporation , hereinafter referred to as “ Grantee”, a non-exclusive easement (hereinafter “easement” or “grant”) for street, highway, road and/or bridge purposes, including, without limitaton, appurtenances such as culverts, slopes, embankments, curbs and sidewalks located on a certain porti on (“Easement Property”) of Grantor’s real property (“Fee Property”) situated in the County of San Bernardino, State of California and more particularly described in Exhibit “A” , Legal Description attached hereto and made a part hereof, and shown on Exhibit “B” , Plat, attached hereto and made a part hereof.

This easement is granted subject to all permits, agreements , licenses, leases, easements, reservations, restrictions, terms, conditions, covenants, encumbrances, liens and claim s of title which may affect said Easement Property. The use of the word “grant” herein shall not imply any warranty on the part of the Grantor with respect to the Easement Property.

Mail Tax Statement As Directed Above
219
2 This easement is also subject to the following terms, conditions andrestrictions:

1. This easement is subject to the Grantor’s superior right to use the Easement Property, and Grantor reserves to itself and its successors and assigns a continuing right to use and make any improvements to the Easement Property Grantor’ for s use.

2. Grantor may grant further permits, agreements, licenses, leases, easements, reservations, restrictions, terms, conditions, covenants, encumbrances, liens, or other rights over theEasement Property (or portions thereof) for the benefit of other entities not parties to this grant, provided that such further grants do not materially and adversely interfere with Grantee’s use of the Easement Property, as determined by Grantor in its solediscretion.

3. The Easement Propertymay be used solely for theuses listed above. Specific prohibition against exposing contaminated soils of the disposal site are set forth within the “Waste Management Plan”(hereinafter “Plan”) ncorporated here i inand attached as Exhibit “C” hereto. Each and every requirement, limitation, and duty or obligation contained in said Plan is and shall be a mandatory requirement, limitation, and duty or obligation as though set forth here in full. Grantee shall not park vehicles within the Easement Propert y nor permit any portion of the Easement Property to be blocked off or obstructed in any manner. Grantor shall at all times have free and clear access over and across the Easement Property . In the event of a conflict between the Terms, Conditions, and Res trictions enumerated herein and the Waste Management Plan, the provisions of the Plan shall prevail.

4. Granteeshall at all times and at its sole cost and expense, maintain the Easement Property and all improvements constructed (or caused to be con struc ted) thereon, as permitted by this easement. The Grantee shall keep the Easement Propertyin good condition and repair and free of weeds and trash. Grantee shall promptly and diligently execute all duties such as mandatory monitoring and reporting activi ties, and maintenance and repair obligations. Grantee shall be responsible for any damage caused by the use of the Easement Propertyb Grantee and any permitted improvements thereon, and Granteeshall promptly repair all such damage to Grantor’s and any responsible regulatory agencies’ complete satisfaction at Grantee’s sole cost and expense.

5. Prior to commencing the construction or replacement of Grantee’s street, highway, roadand/or bridge, and appurtenances pursuant to this grant, Grantee shall submit all plans for the excavation, construction, installation, removal, and replacement of such improvements to Grantor for Grantor’s review and approval with Grantor to issue to Grantee a permit if such plans are approved by Grantor in Grantor ’s sole discretion. The existence of Grantee’ s street, highway, road and/or bridge and attendant easement does not give Grantee any rights to do further work of any type within the Easement Property without first obtaining additional permit(s) from Grantor pursuant to the above-stated requirements andconditions.

6. Grantee shall be responsible for securing and maintaining all necessary permits andapprovals from other appropriate local, state and federal agencies for its use of the CITY INDEX NO. 6219
220
3 Easement Property, and Grantee shall comply with all applicable laws and regulations concerning the construction of the street, highway, road and/or bridge and its use of EasementProperty.

7. Any street, highway, road, bridge or culvert constructed by or on behalf of Grantee on the Easement Property shall be designed to not interfere with or impede Grantor’s conveyance of storm water or Grantor’s flood control improvements, if any, now existing or later installed onthe Easement Property by Grantor.

Grantee’s construction of its street, highway, road and/or bridge shall be in accordance with the plan approved by Grantor in accordance with paragraph and 5 must further meet all applicable construction standards and applicable laws,

8. Grantee shall not change the existing grade, modify the topography, or impede or diminish the floodwater conveyance capacity of the Easement Property or the Fee Property without prior written consent of Grantor (in Grantor’s sole discretion).

9. Grantee shall at all times, and at its sole cost and expense, maintain the Easement Property and it’s street, highway, road and/or bridge improvement project constructed (or caused to be constructed) by Grantee and/or its agents in good condition and repair, and f ree of trash, debris weeds and unauthorized uses. Grantee shall perform all necessary maintenance associated with the entire improvement project, such as bridge structure, box culverts and appurtenant structures including but not limited to wingwalls, curb and gutter, sidewalks and appurtenances thereto constructed within the Easement Property inconjunction with the street, highway, road and/or bridge project, and shall remove graffiti, and any unauthorized uses or encroachments within oron any part of the box culvert structure and its appurtenances, as well as performing all necessary weed abatement work within the EasementProperty.

10. Grantor shall at all times have free and clear access through and over the Easement Property (except as temporarily approved by Grantor during periods of Grantee’s construction and/ormaintenance).

11. Any costs incurred by Grantor for Grantor’s use of the Easement Property, including (but not limited to) any costs incurred by Grantor for the construction, reconstruction, maintenance, and use of any Grantor flood control improvements, if any, now existing or later installed on the Easement Property or the Fee Property attributable to the presence of Grantee’s street,highway, road and/or bridge shall be borne by Grantee, at Grantee’s sole cost. In the event that Grantor requires that Grantee’s street, highway, road and/or bridge located on the Easement Property b relocated, modified, or protected due to Grantor’s existing or future use of the Easement Property or the Fee Property, Grantee shall promptly relocate, modify, or protect Grantee’s street, highway, road and/or bridge as directed by Grantor and Grantee shall bear, at its sole expense, all such relocation, modification and protection costs. Grantee shall pothole its facilities and provide such information to Grantor upon Grantor’s request, or Grantor shall perform such potholing at Grantee’s expense. Notwithstanding anything to the contrary in this paragraph, prior to relocation, modification or protection of Grantee’s street, highway, road and/or bridge except in cases of emergency as determined by Grantor in its sole discretion CITY INDEX NO. 6219
221
4 when no prior notice i s required, Grantor shall provide Grantee with written notice and 2 years to complete any required relocation, modification or protection within the EasementProperty.

12. Grantor shall not be required to contribute any part of the costs associated with Grantee’s street, highway, road and/or bridge on the Easement Property and furthermore, if Grantor is included in an assessment district to pay such costs, Grantee shall promptly reimburseGrantor for any assessment therefore levied upon it upon Grantor demand.

13. Grantee agrees to indemnify, defend (with counsel reasonably approved by Grantor ) and hold harmless the Grantor, the County of San Bernardino, and their authorized officers, employees, agents and volunteers ( Indemnitees) from any and all claims, actions, losses, damages, and/or liability arising out of this grant of easement from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by Grantor on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of Indemnitees . The Grantee’s indemnification obligation applies to Indemnitees’ “Active” as well as “passive” negligence but does not applyto the Indemnitees’ “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782.

14. Grantee agrees to comply with the following insurance requirements (for the purpose ofthis paragraph, Grantor shall be deemed to include the County of San Bernardino):

A. Additional Insured - All policies, except for the Workers' Compensation policy, shall contain endorsements naming the Grantor and its officers, employees, agents and volunteers as additional insureds with respect to liabilities arising out of this easement. The additional insured endorsements shall not limit the scope of coverage for the Grantor to vicarious liability but shall allow coverage for the Grantor to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85.

B. Waiver of Subrogation Rights Grantee - shall require the carriers of required coverages to waive all rights of subrogation against the Grantor, its officers, employees, agents, volunteers, contractors and subcontractors. All general or auto liability insurance coverage provided shall not prohibit Grantee and Grantee's employees or agents from waiving the right of subrogation prior to a loss or claim.

Grantee hereby waives all rights of subrogation against the Grantor.

C. Policies Primary and Non-Contributory - All policies required herein are to be primaryand noncontributory with any insurance or self -insurance programs carried or administered by the Grantor.

D. Severability of Interests Grantee - agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there w ill be no cross-liability exclusions that preclude coverage for suits between Grantee and the Grantor or between the Grantor and any other insured or additional insured under CITY INDEX NO. 6219
222
5 the policy.

E. Proof of Coverage Grantee - shall furnish Certificates of Insurance to Grantor evidencingthe insurance coverage, including endorsements, as required, prior to Grantee’s execution of this easement document, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to Grantor, and Grantee shall maintain such insurance throughout the term of the easement. Within fifteen (15) days of the Grantee’s acceptance of this easement, Grantee shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request.

F. Acceptability of Insurance Carrier Unless otherwise approved by the San - Bernardino County Department of Ri sk Management (hereinafter “Risk Management”), insurance shall be written by insurers authorized to do business in the State of California and with a minimum "Best" Insurance Guide rating of "A - VII".

G. Deductibles and Self -Insured Retention - Any and all deductibles or self -insured retentions in excess of $10,000 shall be declared to and approved by Risk Management.

H. Failure to Procure Coverage In the event that any policy of insurance required - under this easement does not comply with the requirements, is not procured, or is canceled and not replaced, the Grantor has the right but not the obligation or duty to obtain insurance if it deems necessary and any premiums paid by the Grantor will be promptly reimbursed by Grantee.

I. Insurance Review Insurance requ - irements are subject to periodic review by the Grantor. Grantor’s Director of Risk Management or designee is authorized, but not required, to increase, reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or needed, or not needed, to protect the interests of the . Grantor In addition, if Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provide d that any such change is reasonable in light of past claims against the Grantor , inflation, or any other item reasonably related to the Grantor'srisk. Any failure, actual or alleged, on the part of the Grantor to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the Grantor.

J. Grantee agrees to provide insurance set forth in accordance with the requirements herein. If Grantee uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, Grantee agrees to amend, supplement or endorse the existing coverage to do so. The type(s) of insurance required is determined by the scope of this easement.

CITY INDEX NO. 6219
223
6 K. Without in any way affecting the indemnity herein provided and in addition thereto, Grantee shall secure and maintain throughout the duration of the easement the following types of insurance with limits asshown:
(1) Workers' Compensation/Employers Liability - A program of Workers' Compensation insurance or a state -pproved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liabilitywith $250,000 limits covering all persons including volunteers providing services on behalf of Grantee and all risks to such persons under this easement.

If Grantee has no employees, it may certify or warrant to the Grantor that it does not currently have any employees or individuals who are defined as "employees" under the Labor Code and the requirement for Workers' Compensation coverage will be waived by the Grantor's Director of Risk Management.

With respect to Grantees that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers' Compensation insurance.
(2) Commercial/General Liability Insurance - Grantee shall carry General Liability Insurance covering all operations performed by or on behalf of Grantee providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include:
(a) Premises operations and mobile equipment.
(b) Products and completed operations.
(c) Broad form property damage (including completed operations). (d) Explosion, collapse and underground hazards.
(e) Personal injury
(f) Contractualiability.
(g) $2,000,000 general aggregate limit.
(3) Automobile Liability Insurance – Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non owned automobiles or - symbol 1 (any auto).The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence. If Grantee is transporting one or more nonemployee passengers in - Grantee’s use of the Easement Property, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence. If Grantee owns no autos, a nonowned auto - endorsement to the General Liability policy described above is acceptable. (4) Umbrella Liability Insurance -An umbrella (over primary) or excess policy may CITY INDEX NO. 6219
224
7 be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a "dropdown" provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability.
(5) Environmental Liability Insurance with a combined single limit of not less than five million ($5,000,000) per claim or occurrence. The required additional insured endorsement shall protect Grantor without any restrictions.

If insurance coverage is provided on a "claims made" policy, the "r etroactive date" shall be shown and must be before the date the easement was signed by Grantor. The claims made insurance shall be maintained or "tail" coverage provided throughout the duration of the easement and for a minimum of five (5) years after termination of this easement.
(6) Subcontractor Insurance Requirements . Grantee agrees to require all parties, including (but not limited to) subcontractors, architects, or others it hires or contracts with related to the excavation, construction, installation, re placement, maintenance and repair, removal, use, or any other work performed by or on behalf of Grantee for the street, highway, road and/or bridge at the Easement Property to provide insurance covering the contracted operation with the same policies and p rovisions required of Grantee in this easement and with builder’s risk property insurance, providing all risk, including theft coverage for all property and materials to be used for or related to the street, highway, road and/or bridge and said insurance policies shall not have any coinsurance penalty. All policies required under this provision shall include waiver of subrogation rights against Grantor and shall name Grantor as an additional insured. Grantee agrees to monitor and review all such coverage an d assumes all responsibility ensuring that such coverage is provided as required herein.

15. In the event of Grantee’s default of the terms, conditions and/or restrictions set forth herein, Grantor shall give written notice to Grantee of the same. Except in the case of the emergency as determined by Grantor in its sole discretion, Grantee shall have thirty (30) calendar days fromthe date of the Grantor’s notice to cure the default. If Grantee, within thirty (30) calendar days from the date of the Grantor’s notice to cure the default (except in the case of an emergency as determined by Grantor in its sole discretion), commences the elimination of such default and continuously and diligently proceeds in good faith to eliminate such default, then the period for correction shall be extended for such length of time as is reasonably necessary to complete such correction. In the event Grantee fails to cure the default within the time prescribed herein, Grantor has the right but not the obligation to cure said default at the sole expense of Grantee, or Grantee’s successors and assigns, and without liability to Grantor for loss thereof. Grantee and Grantee’s successors and assigns agree to pay Grantor on demand all expenses incurred byGrantor in curing such default of Grantee. In addition, Grantor may pursue all other remedies available to it at law or in equity and such remedies shall be cumulative.

16. The easement, as well as the terms, conditions and restrictions, created hereby shallconstitute covenants running with the land and shall be binding upon and shall CITY INDEX NO. 6219
225
8 benefit all successors and assigns of Grantor and Granteerespectively.

17. This easement shall be governed by the laws of the State of California.

18. This grant may only be amended by a writing executed by both Grantor and Granteeand recorded in the Official Records of the County of San Bernardino.

19. If any legal action is instituted to enforce any party’s rights hereunder, each party shall bearits own costs and attorneys’ fees, regardless of who is the prevailing party.

This paragraph shall not apply to those costs and attorneys’ fees directly arising from a third-party legal action against a party hereto and payable under paragraph 14.

20. If a court of competent jurisdiction declares any provision of this easement invalid, illegal, or otherwise unenforceable, the remaining provisions shall continue in full force and effect, unless the purpose of this easement is frustrated.

IN WITNESS WHEREOF Grantor and Grantee have executed this Easement Deed for street, highway, road and/or bridge purposes on the day and year written below and have agreed to be bound by the terms and provisions hereof.

GRANTOR:

SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
By:

Name:

Title: Chairman, Board of Supervisors
Date:

ACCEPTANCE OF TERMS AND CONDITIONS
This is to certify that the interest in real property conveyed by the Easement Deed for street, highway, road and/or bridge purposes by the SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT to the CITY OF FONTANA, is accepted by the undersigned officer on behalf of Grantee and Grantee agrees to be bound by the terms and provisions hereof.

GRANTEE:

By:

Name:

Title:

Date:

CITY INDEX NO. 6219 Matthew C. Ballantyne City Manager
226
City Index No.__________
APN: 0228-091-42

CALIFORNIA ALL- PURPOSE ACKNOWLEDGEMENT
State of California }
County of San Bernardino }
On before me, , Notary Public,

DATE NAME, TITLE OF OFFICER
personally appeared

NAME(S) OF SIGNER(S)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

SIGNATURE OF NOTARY PUBLIC

CITY OF FONTANA ACCEPTANCE CERTIFICATE
This is to certify that the interest in real property conveyed by the Grant Deed or Easement Deed dated from the San Bernardino County Flood Control District , a body corporate and politic, to the City of Fontana, California, a Municipal Corporation, is hereby accepted by the undersigned officer pursuant to authority conferred by Resolution No. 91-152 of the City Council adopted on July 16, 1991; and the grantee consents to the recordation thereof by its duly authorized officer.

Gia Lam Kim, P.E.

City Engineer
City of Fontana
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of the document. 227
9 Exhibit “A”
Legal Descriptionof Easement Property
CITY INDEX NO. 6219
228
City Index No.__________
APN: 0228-091-42
EXHIBIT “A”
APN: 0228-091-42
LEGAL DESCRIPTION:

THAT PORTION OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 6

WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, SAID PORTION ALSO BEING WITHIN THAT PARCEL OF LAND, DESCRIBED AS PARCEL 1 IN DEED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, RECORDED JUNE 30, 1941, IN BOOK 1482, PAGE 444, OFFICIAL RECORDS OF SAID COUNTY, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHWEST CORNER OF THAT PARCEL DESCRIBED IN GRANT DEED TO SC VICTORIA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, PER DOCUMENT NO. 2019-0262364 OF OFFICIAL RECORDS, RECORDED AUGUST 01, 2019, RECORDS OF SAID COUNTY, SAID POINT OF BEGINNING ALSO BEING ON THE SOUTH LINE VICTORIA STREET PER GRANT TO THE STATE OF CALIFORNIA, RECORDED JUNE 14, 1990, AS INSTRUMENT NO. 90- 234201 OFFICIAL RECORDS OF SAID COUNTY, SAID SOUTH LINE BEING 33.00 FEET SOUTH OF, AND PARALLEL WITH, THE CENTERLINE OF SAID VICTORIA STREET;
THENCE SOUTH 22°14’49” WEST ALONG THE WESTERLY LINE OF SAID GRANT TO SC VICTORIA, LLC, 20.56 FEET; THENCE NORTH 89°59’00” WEST PARALLEL WITH AFORESAID SOUTH LINE OF VICTORIA STREET, 156.45 FEET; THENCE NORTH 00°01’00” EAST, 19.00 FEET TO SAID SOUTH LINE OF VICTORIA STREET; THENCE SOUTH 89°59’00” EAST ALONG SAID SOUTH LINE, 155.47 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHERLY AND HAVING A RADIUS OF 1,333.00 FEET;
THENCE EASTERLY ALONG SAID CURVE, 8.76 FEET THROUGH A CENTRAL ANGLE OF 00°22’36” TO THE POINT OF BEGINNING.

CONTAINING APPROXIMATELY 3,046 S.F., 0.070 ACRES
SEE EXHIBIT “B” , PLAT AS LOCATION AID.

PREPARED BY:

MARK WARE, P.L.S. 5820 DATE

   
229
10 Exhibit “ B”
Plat of Easement Property
CITY INDEX NO. 6219
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6219
231
Exhibit “C”
Waste Management Plan
CITY INDEX NO. 6219
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WASTE MANAGEMENT PLAN
TRI POINTE HOMES TRACT 20229

ETIWANDA DISPOSAL SITE

FONTANA, CALIFORNIA
March 2022
Prepared For:

County of San Bernardino
Flood Control District
825 East Third Street, Room 140
San Bernardino, CA, 92415-0835
County of San Bernardino
Solid Waste Management District
222 W. Hospitality Lane, 2nd floor
San Bernardino, CA, 92415
Prepared By:

Allard Engineering 16866 Seville Avenue
Fontana, CA 92335
(909) 356-1815
233

CONTENTS

INTRODUCTION

1. PROJECT DESCRIPTION

1.1 Regulatory Requirements

2. RESPONSIBLE PARTIES FOR MAINTENANCE

2.1 Maintenance Responsibilities

2.2 Inspection Responsibilities and Frequencies

3. WASTE MANAGEMENT PLAN

3.1 Introduction

3.2 Waste Preparedness Plan

3.3Waste Types

3.4Segregation and Stockpiling

3.5Waste Management

3.6On-Site Reconsolidation

3.7Material Stockpile Characterization

3.8On-Site Reconsolidation Activities

3.9Inspections

3.10 Documentation

3.11 Updating the WMP
CITY INDEX NO. 6219
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4. EXHIBITS
Post Closure Land Use Maintenance Checklist
Incident Location Map
Ninyo & Moore Landfill Mapping
Allard Engineering Bridge Plans

5. APPENDIX
HASP – Health and Safety Plan
CITY INDEX NO. 6219
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INTRODUCTION
APN:0228-91-41 (Tract 20229) is a Residential Subdivision within the Westgate Specific Plan located south of Victoria Avenue and east of the 1-15 freeway in the City of Fontana. The site lies west of and adjacent to APN: 0228-091-42. Tract 20229 in addition to other developments are served by Victoria Avenue, an existing City of Fontana roadway, a portion of which lies within APN 0228-091-42 which is the location of the Etiwanda Disposal Site 36-CR-0021 The Etiwanda Disposal Site is owned by the San Bernardino &RXQW\ Flood Control District (to be referred to as The District or District property). This project proposes to construct a Pedestrian Bridge over the Etiwanda/San Sevaine creeks adjacent to and south of the existing vehicular bridge.

The Pedestrian Bridge will be constructed under a Permit through the District. An Easement / Right of Way is proposed to be granted by the District to the City of Fontana for the bridge encroachment / construction through District Property.

The Bridge is adjacent to and south of the existing Victoria Avenue Bridge over the Etiwanda/San Sevaine Channel on the north eastern line of the Disposal Site The alignment is away from any Mapped Dumping Areas.

This report is an update of the Sewer Excavation Management Plan prepared earlier.

The bridge although in City R/W does fall in the same APN of the disposal site and therefore should be included.

This Waste Management Plan pertains solely to land being purchased by Tri Pointe Homes for Bridge construction, and maintenance. Regardless of the fact that this disposal site was pre- regulation our objective is to comply with section 21190 of title 27 CCR requirements where feasible and/or practical.

1. PROJECT DESCRIPTION (27 CCR 21190 (a-c))
The District property was recently discovered to c\ontain an old disposal site. The Site is named the Etiwanda Disposal Site 36-CR-0021. The Disposal Site and extent of waste has been mapped by Ninyo & Moore. This mapping is included in this Waste Management Plan (See page 17). Recently, the District placed a fill of clean dirt of various depths over the dumping areas within the disposal site. This disposal site was pre-January 1
st
,1988 (pre-regulation) but our goals are
always to comply with those regulations wherever practical or feasible.

Bridge construction will not occur within an\ known or mapped areas of waste. It will occur within existing Victoria Avenue and under channel walls. The bridge is not in the vicinity of the cover that was placed two years ago. This plan is prepared in the unlikely event something is encountered. We did not encounter anything during the sewer excavation earlier
Allard Engineering has prepared plans to build a Pedestrian Bridge through the northeastern corner of the Etiwanda Disposal Site 36-CR-0021, The Bridge completely avoids the mapped waste footprint of the Site. The Bridge will be constructed on the north eastern corner of the 16-acre District property and is CITY INDEX NO. 6219
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about 300 feet, to the east of the outline of any known dumping activity. The Plan is included in this report.

Landfill monitoring probes may fall within the vicinity of the access easement. If they are found within the influence of any construction or staging, they will not be disturbed without permission.

The purpose of this Plan is to assure that the Bridge construction and easement be consistent with current ideas and not preclude any future closure plans. After meetings with the San Bernardino&RXQW\ Flood Control District, Department of Public Health – San Bernardino County LEA, and CalRecycle, it was determined that the distance from the disposal area was an ideal way to assure this. The Plan and Conditions for the ongoing Maintenance are attached to this report and will only apply to the dedicated ingress and egress access easement that Tri Point is purchasing. Our objective is to comply with the goals of section 21190 of Title 27 CCR where feasible and/or practical.

1.1 Regulatory Requirements
This maintenance plan for our pre-regulation’s disposal site has been developed to comply with and meet the goals of Title 27 CCR 21190 regulations where feasible and/or practical.
• CEQA: Review for compliance with the California Environmental Quality Act (CEQA) was conducted. It was determined that the activities are not considered a " project " as defined in section 15378 of CEQA Guidelines and no further environmental analysis is necessary.
• Project Layout: (27 CCR 21190 (a-c)) Building a Bridge and Graded access easement adjacent to existing Flood Control Channel. Quarterly logbooks will be kept for monitoring physical and environmental changes.

Pre and post storm reports will also describe if there is any erosion control or drainage issues that need to be addressed.

1.2 Environmental Monitoring and Control Systems: (27 CCR 21190 (a), (d)) this proposed easement may from time to time have soil gas probes. that will not be disturbed pre or post construction.
• Structures: (27 CCR 21190 (c-g)) No structures other than the Bridge Widening will be built on proposed access easement roadway. • Pilings: (27 CCR 21190 (e) (6-7)) Any posts, e.g., fence, fire lane signs, monument signs will be placed in no less than 6 inches of clean fill dirt above existing disposal site.
• Modification or Replacement of low permeability layer: (27 CCR 21190 (d)) This Site is not required to have a low permeability layer. Allard Engineering has drawn p l a n s which avoids any refuse areas.

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• Land Use on Final Cover: (27 CCR 21190 (a-c)) Land use plan was reviewed by Solid Waste Management Division (SWMD) and the Local Enforcement Agency (LEA). Notice of potential settling was discussed.

The location of the Bridge away from buried waste assures suitability in maintaining the original integrity of the access easement. • Waste and Final Cover: The waste and final cover are currently undisturbed and shall remain that way. If they get disturbed or if any disturbance is noticed, notify LEA, SWMD and correct the situation ASAP.
• Construction Equipment: Special care shall be exercised to assure that construction equipment does not disturb any existing gas probes during construction or ongoing maintenance. Probes will be clearly identified on the plans and adequately marked for all to see.
• Equipment Storage: Equipment storage area shall be approved by the District. The storage area shall not be placed in a location that would disturb any Disposal Area, destroy drainage, or create ponding. • Time Frame/Site Security during Construction: Contractor is expected to provide a schedule prior to start of construction. Schedule will address site security during construction. The public will not have access to any construction activity. Construction is expected to occur over a 3 – 6-month period.

2. RESPONSIBLE PARTIES FOR MAINTENANCE

2.1 Responsibilities
Upon completion of the road, Tri Pointe Homes will ensure that the access easement be kept and maintained to its original integrity (See Proposed Plans & Specifications prepared by Allard Engineering. Tri Point Homes will complete inspections every 3 months to be always kept in a logbook within the Construction Trailer available for review. Tri Pointe Homes will also perform inspections before and after all storms to check for possible storm damage. Tri Pointe will use Post Closure checklist form provided below (See Post Closure Land Use Maintenance Checklist/Incident Report page 13). Any notated incidents will be repaired within 30 days. In the case of a mitigation spanning over 30 days, Tri Pointe will provide proper time schedule and incident report to the LEA, CalRecycle and the SWMD.

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After completion of the Development and acceptance by the City of Fontana, maintenance responsibilities for the Bridge, access road, and access easement will be assigned to the City of Fontana. The City will then be responsible for all inspections and maintenance activities related to their impacts to the disposal site. • A SWPP (Storm Water Prevention Plan) along with BMP (Best Management Practices) will be in place during grading and construction to minimize any water runoff pre- and post-construction.

2.2 Inspection Responsibilities and Frequencies
• The access easement will be monitored every 3 months and any repairs to fencing or erosion due to rains will be made quickly and will return to original condition as per the improvement. (See Proposed construction Plan and Allard Engineering Bridge Plans pages ). Any repairs that will take more than 30 days, the site owner will contact LEA and SWMD, and provide a schedule for repairs. • Area to be kept clean and clear of trash and debris.
• Area to be completely accessible to County Staff for inspections. • Tri Pointe Homes understands that an easement access roadway on a disposal site may be subject to differential settlement and if it occurs, it will be our responsibility to fix.
• Access to the site will be at a location designated by the District. Access will not occur through any mapped disposal areas.
• Equipment Storage during maintenance shall be approved by the District and not in a location that would disturb and Disposal Area, destroy drainage, or create ponding
• If a repair or maintenance is due to an emergency that could affect waste, LEA and the District shall be notified ASAP.
• Pre and post storm inspections will be performed on the same checklist provided below. (Please see Post Closure Land Use Plan Checklist and Incident Location Map)
• This Post Closure Land Use Plan is specifically written for only the access easement location being purchased by Tri Pointe Homes.

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General phone numbers and addresses for parties involved:

Solid Waste Management Division
222 W. Hospitality Lane, Second Floor
San Bernardino, CA 92415-0017
Phone: (909) 386-8701 M-F 8am-5pm
Contact:

Chief Engineer
Superintendent of Operations
Local Enforcement Agency
County of San Bernardino
Div. of Environmental Health Services
385 N Arrowhead Ave, 2nd Floor
San Bernardino, CA 92415-0160
Phone: (800) 442-2283
City of Fontana
Public Works
8353 Sierra Avenue
Fontana CA 92335
Tri Pointe Homes
5 Peters Canyon Road
Suite 100
Irvine, CA 92606
Office: 949-478-8657
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3. WASTE MANAGEMENT PLAN

3.1 Introduction
The purpose of the Waste Management Plan (WMP) is to discuss the procedures for the unlikely event that waste is encountered during excavation or construction of the Bridge. The excavation is occurring several hundred feet from the Mapped Refuse.

3.2 Preparedness Plan
If Waste is encountered during any facet of the work including excavation, construction, or cover operation, the contractor shall ensure that the materials are excavated and segregated on an impermeable material (pavement, visqueen, etc.) and covered to prevent migration of the stockpiled material prior to characterization and disposal. If the contractor has someone on staff that can monitor for landfill debris or sooty or otherwise stained soils that person should do the monitoring. If the contractor does not have personnel who can identify landfill debris or impacted soil, then the contractor should hire an environmental consultant to monitor for impacted soil and debris during excavation.

3.3 Waste Types
Based on available background data and observations from trenching activities performed by Ninyo Moore, the following types of wastes may be encountered during Project activities:
· Burned wastes
· Non-hazardous wastes/debris (i.e., metal cabling, wood, etc.).

3.4 Segregation and Stockpiling
Should potentially contaminated or hazardous materials be encountered during Project activities, the Contractor will secure the services of an appropriately licensed environmental consultant experienced with waste characterization with segregation prior to continuing further excavation activities in that area. The Contractor shall coordinate with the a hired experienced engineer/geologist to identify and segregate into temporary stockpiles, the following types of materials, which may be encountered during the course of the Project:
· Burned Wastes – the residual wastes that result from the burning and/or partial burning of wastes. Burned wastes are typically characterized by darkly colored soils (black, brown- black and red) usually containing broken and/or melted/fused glass and other glass debris (bottle, containers), metal debris, and fused glass and metal debris, and may also contain ash. · Non-hazardous Debris/Recyclable Material – generally consists of metal cabling, wood, concrete, asphalt, and brick.
· “ Clean” Soil – Soil that is not suspected to be contaminated based on visual and/or field screening indicators. This material is considered suitable for onCITY INDEX NO. 6219 241
Page
10 site re-use as backfill. Analytical testing to evaluate the soil for potential offsite reuse or disposal options may be required.

The Contractor will excavate, load, and transport the excavated materials to pre-determined location (see page 15), on- site stockpile staging areas. The staging area and the stockpiles will be managed by the Contractor in accordance with this document, the Contractor’s Storm Water Pollution Prevention Plan (SWPPP), and Best Management Practices. The SWPPP when prepared will contain provisions for stockpiling of soils. The stockpiles shall be constructed and managed to minimize the threat of release of materials or contaminants from the stockpile. The stockpiling shall be performed in accordance with current SAM Manual guidelines and RWQCB regulations regarding the management of temporarily stockpiled materials. Contaminated substance, hazardous substance, and/or hazardous wastes shall not be stockpiled for more than 90 days from the date of starting the stockpile.

In general, the stockpiled materials will be:
· placed onto a visqueen surface, or on a 8-mil or thicker high density polyethylene (HDPE) liner,
· moistened to minimize dust emissions during stockpiling, as necessary, · securely covered with an 8-mil or thicker HDPE liner to minimize vapor emissions and prevent runoff from rain,
· configured in such a manner that surface water runoff from the stockpile does not carry stockpile material and/or leachate beyond the stockpile perimeter berm, and · physically labeled in such a way as the type of wastes can be easily identified.

3.5
 

It is expected that all materials can be reconsolidated at a pre-approved location within the disposal site.

3.6 


As approved by LEA, materials may be reconsolidated at a pre-approved location within the Disposal Site. The following sections describe the policies and procedures to guide the Project team in characterizing materials into appropriate categories for on-site reconsolidation. Stockpile sampling , analytical testing, and air monitoring shall be the responsibility of the Contractor and will be conducted in general accordance with the Department of Toxic Substances Control (DTSC) Protocol for Burn Dump Site Investigation and Characterization and SAM Manual. Prior to reconsolidation, a brief letter or technical memorandum (document) will be prepared indicating the proposed location of the on-site reconsolidation and the analytical results of the materials planned to be reconsolidated. This document will be submitted to the LEA for their approval. Sampling will be done on site by the contractors environmental consultant. Sampling reports expected to be submitted within a week.

3.7 

Discrete samples shall be collected to characterize each of the material stockpiles designated for on-site reconsolidation. A minimum of four samples for each waste type is required for on-site reconsolidation. Samples shall be collected at random locations / depths from each stockpile into laboratory-supplied containers.

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Page
11 3.8



The reconsolidation area shall be at a location within the Site (See Page 15). Final location to be chosen based on consultation with SWMD. The reconsolidation area will be preapproved by the LEA. A minimum of a 1-foot thick layer of soil separating the existing material and the relocated material shall be established.

The material will be transported to the approved reconsolidation location by the Contractor.

The material will be loaded and transported in such a manner as to minimize the potential for  spillage and creation of dust during transport. The Contractor will use dozers or equivalent for compaction of reconsolidated material.

Reconsolidated material will be covered at the end of each working day with a minimum of 6 inches of compacted clean soil. Removal and loading of material will not be conducted when wind speed is consistently greater than 15 mph or when wind gusts exceed 25 mph, unless directed by the LEA or other regulatory agencies.

The final cover in the reconsolidation area will consist of a 3-foot thick minimum cover that will be graded in a manner to provide the appropriate drainage. Post-closure activities will be performed in general accordance with California Code of Regulations, Title 27, state minimum standards, as applicable.

3.9 
As applicable, the Contractor will conduct inspections of the stockpiled materials. The inspection results will be recorded on a daily inspection form and signed daily by the Site Superintendent. The following waste management inspection activities will be performed:
formal inspections of accumulation areas will be conducted and documented weekly, in accordance with 40 CFR 264 Subpart I and Title 22 CCR Section 66264; Material accumulation areas will be informally inspected on a daily basis; and Material stockpiles will be inspected daily to ensure liners are in-place, the stockpiles are adequately covered, and the covers are sufficiently secured.

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Page
12 3.10



Documentation requirements will apply to all materials managed during the Project. The Contractor will be responsible for recording waste generation activities in a daily log. The following information will be recorded in the log:
description of waste generating activities,
locations of waste generation (including depth, if applicable), types and volumes of wastes generated,
date and time wastes were generated,
an estimate of the volume of material in each stockpile, · a plot plan identifying the stockpile locations and types of materials, · for on-site reconsolidation, a plot plan indicating waste placement location and volume of reconsolidated materials, and
· an accounting of the materials transported and disposed offsite, including the name and location of the disposal facility, manifest/bill of lading number, date transported from the site, date received at disposal facility, waste type, and weight tickets.

Following completion of waste disposal / reconsolidation activities, the Contractor will submit a report summarizing compliance with the Waste Management Plan. The report will include documentation regarding the volumes and types of wastes generated and disposition during implementation of the Project. This report will be submitted within 30 days of completion of the project to LEA.

3.11 !
"#!$%

!%"#%%"! &"
As necessary, the WMP will be updated as changes in remedial site activities or changes in applicable regulations occur.

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LANDFILL OBSERVATIONS/CLOSED SITE MAINTENANCE CHECKLIST Date of inspection:__________________ Name:_______________Site: Etiwanda Disposal Site Map Symbols
Note Locations on Map Using Symbols
General Comments:

Action to Be Taken:

Dimensions of Erosion: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
(1) Rolling is minor erosion that can be repaired by track -walking the impacted area without placement of additional cover.
(2) Rivulet Slopes are moderate erosions that can be repaired by addition of clean fill in conjunction with tr ack -walking.
(3) Scour is major erosion that may extend to the depth of refuse and requires substantial efforts to repair; including, but not limited to addition of clean cover and extended use of heavy machinery.

Date of Inspection: _ Name: _ Stratham Homes
A. PERIMETER STATION
Liquid/Seepage LS None
Odors 0 None
Staining
Present
Flowing Ponding I
Erosion E None
Illegal Dumping ID None
Rilling(l)
Present
Rivuleted Slopes (2)
Weight
Scour (3) I
Fence Repair FR None
Erosion/BMP E None
Present Location
Location
see map on reverse
see map on reverse
B. Landfill Surfaces
Odors 0 None
Exposed Refuse ER None
Staining
Present
Location see map on reverse
see map on reverse
Erosion/BMP Repair E None Present Rivuleted Slopes (2) Scour (3) I Differential Settlement DS None
Vegetation Clean Up V None
drainage system
Repair/Clean Up DR None
Cover Integrity Cl None
Grading G None
Slope s None
Roads/Benches RD None
Rilling
Present
Present
Issue e
Insufficient
Insufficient
Issue
Location
Location
Location
Location
Location
Location
Location
see map on reverse
see map on reverse
see map on reverse
see map on reverse
see map on reverse
see map on reverse
see map on reverse
CITY INDEX NO. 6219
245

VICTORIA

E T I W A N D A / S A N S E VA I N E C H A N N E L
STREET

PACIFIC ELECTRIC BIKE TRAIL
TP3-1
(2-5.5)
TP3-3
(2-3.5)
TP3-2
(2-5.5)
T-31
0-17
(17)
T-14

0.5-4/4.5
(4-4.5)

BURNED WASTES
AREA 1

BURNED WASTES AND

NO BURNED WASTES
AREA 4

WASTE DEBRIS
AREA

BURNED WASTES
AREA 2

BURNED WASTES
AREA 3
T-19
0-0.5 (0.5)
0-1.5 (1.5)
0-3 (3)
TP1-3
(1.5-4)
TP1-2
(1.5-4)
GEOT
TP
TP1-1
(1.5-4)
TP1-5
(1.5-3.5)
TP2-6
(2.5-5.5)
TP2-3
(2-5.5)
TP2-4
(2-5)
TP2-1
(2-5.5)
TP2-2
(2.5-3.5)
TP-7
(0-1)
TP-8
(0-1.7?)
TP-12A
(0-5.3+)
TP-11A
(0-8+)
TP8-1
(0-10)
TP7-1
(0-11)
TP6-1
(0-4+)
TP5-1
(0-11)
TP1-7
(0)
TP1-6
(0)
TP1-4
(0)
TP2-7
(0)
TP2-5
(0)
TP3-4
(0)
TP4-2
(0)
TP4-1
(0)
TP-11B
(0)
TP-12B
(0)
TP-9
(0)
TP-10
(0)
TP-4
(0) TP-3 (0) TP-2
(0)
TP-1
(0)
TP-5
(0)
TP-6
(0)
TP-13
(0)
T-1

0.25-4.8
(4.5)
T-3
3-3.5
(0.5)
T-2
0-0.5
(0.5)
T-20
2/3-3/4
(1)
T-21A
4-4.5/5
(~1)
T-27
0-18
(18)
T-32
2-8+
(6+)
T-44
2-2/3.25
(1.25)
T-23

2.5-6
(3.5)
T-21B

3.5-4.3/4.5
(~1)
T-33
0-4
(4)
T-43
0-5
(5)
T-34
0-7
(7)
T-42
0-10
(10)
T-35
0-6
(6)
T-49
0-0/2
(2)
T-50
0-10
(10)
T-12
0 T-13
0 T-22
0 T-15A
0 T-15B
T-16 0
0 T-17
(0)
T-18
(0)
T-36
(0)
T-37
(0)
T-39
(0)
T-47
(0)
T-25
(0)
T-24
(0)
T-26
(0)
T-28
(0)
T-29
(0)
T-30
(0)
T-45
(0)
T-41
(0)
T-46
(0)
T-40
(0)
T-4
(0)
T-5
(0)
T-62
(0)
T-7
(0)
T-51
(0)
T-52
(0)
T-11
(0)
T-10
(0)
T-53
(0)
T-9
(0)
T-6
(0)
T-8
(0)
T-54
(0)
T-55
(0)
T-59
(0)
T-58
(0)
T-60
(0)
T-61
(0)
T-38
(0)
T-63
(0)
T-48
(0)
FIGURE
4 PROJECT NO. DATE
209590001 12/16

ETIWANDA WASTE DISPOSAL SITE

FONTANA, CALIFORNIA

SITE MAP WITH GEOPHYSICAL OVERLAYS

AND ESTIMATED EXTENT OF WASTES
LEGEND
4_209590001_R_24x36_GEOP.mxd JDL 0 200 400 SCALE IN FEET SOURCES: TEST PIT LOCATION MAP, LEIGHTON, DATED DECEMBER, 2014; GOOGLE EARTH, 2016

TRENCH, WASTES NOT OBSERVED

TRENCH WITH BURNED WASTES

TRENCH WITH WASTE DEBRIS
NINYO & MOORE, 2016

WASTE EXTENT, QUERIED WHERE APPROXIMATE

SITE BOUNDARY
T-63
TP-12B
0-8+
(8)

TEST PIT / TRENCH IDDEPTH OF WASTES

WASTE THICKNESS
LEIGHTON & ASSOCIATES, 2014GEOPHYSICAL ANOMALIES, SPECTRUM GEOPHYSICS, 2016 TEST PIT, WITH WASTES (ASSUMED BURNEDWASTES BASED ON INTERPRETING TESTPIT LOGS), PRIMARILY GLASS AND METALDEBRIS (LEIGHTON, DECEMBER 2014)TEST PIT, WASTES NOT OBSERVED(LEIGHTON, DECEMBER 2014)TEST PIT, PRIMARILY CONCRETE,GLASS & METAL DEBRIS(LEIGHTON, DECEMBER 2014) GEOPHYSICAL SURVEY SOUTHWEST GEOPHYSICS INC.EM-31 IN-PHASE DATA (2014)

IN-PHASEQUADRATURE

QUADRATURE & IN-PHASE

PROJECT SITE (PEDESTRIAN BRIDGE)
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2203 Agenda Date: 6/13/2023
Agenda #: I. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve a Bond Reduction for Tract No. 20224 (In-Tract and Backbone Infrastructure) RECOMMENDATION:

Approve a reduction of the Faithful Performance and Labor and Materials bond for in-tract and backbone infrastructure posted by Lennar Homes of California, Inc., a California Corporation for Tract No. 20224 located on the east side of Citrus Avenue north of Duncan Canyon Road.

COUNCIL GOALS:
· Promote economic development by being business friendly at all levels and striving to constantly improve the city's competitiveness.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.

DISCUSSION:

Tract No. 20224 is located on the east side of Citrus Ave. north of Duncan Canyon Road. This condominium residential subdivision has a total of 253 residential units. As a requirement of the Subdivision Map Act and as a condition of development, Lennar Homes of California, Inc., a California Corporation posted bonds to secure 100% of the installation of all public infrastructure improvements for the residential tract including backbone street, street-light, sewer, and storm drain and in-tract sewer. The tract also has private in-tract street and storm drain improvements. Currently, the developer has completed a majority of the street and public infrastructure work.

The action will authorize an 80% reduction in securities to an amount sufficient to guarantee the completion of all remaining public infrastructure work as follows:

Tract No. Bond No. Bond Amount Reduce to
20224 9328440 $1,004,480.16 $200,896.03
FISCAL IMPACT:

This action will only authorize the reduction of the posted bond, therefore there is no fiscal impact to City resources at this time.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 6/7/2023
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ONTARIO FREEWAY 15

NOT TO SCALE

VICINITY MAP
Tract Map 20224 262
Revised – KE -9/17/20

SUBDIVISION IMPROVEMENT AGREEMENT
Tract Map No.: 20224
THIS AGREEMENT is between the City of Fontana, a municipal corporation, County of San Bernardino, State of California ("City") and Lennar Homes of California, Inc., a California Corporation. ("Subdivider"):

WHEREAS, the application for tentative Tract Map No. 20224 (TTM No. 18- 000011R1), was conditionally approved on April 21st, 2020 and WHEREAS, Subdivider is the owner of that certain parcel of land defined by the Final Map and Subdivider proposes to do and perform certain work of improvement thereon as set forth in this agreement; and
WHEREAS, City desires to assure that the proposed improvements will be done in a good workmanlike manner and in accordance with the laws and standards now in force and effect in the City, the terms and conditions of which are incorporated herein by reference; and WHEREAS, Subdivider declares acknowledgement the pertinent regulations contained in the City Code and in the Subdivision Map Act (Government Code Sections 66410 to 66500) and agrees to comply therewith; and
WHEREAS, a Final Map of the subdivision, prepared in accordance with the City's Subdivision Ordinance, has been filed by Subdivider with City for approval by the City Council; NOW THEREFORE, in consideration of the approval and acceptance of the Final Map by the City Council and the acceptance of easements therein offered for dedication for street, utility, and other public purposes and the covenants herein contained, the parties hereto mutually covenant and agree as follows:

1. General requirements:

Subdivider shall, at its own cost and expense, provide all required tests, design work, equipment, materials and labor in order to complete all of the improvements as associated with the requirements per the approved project or to the satisfaction of the City Engineer of the City of Fontana.

All required improvements have an estimated cost of construction totaling One Million Four Thousand Four Hundred Eighty and 16/100 Dollars ($1,004,480.16) as shown on Exhibit "A". Improvements are shown on approved plans on file with City Engineer.

The estimated cost of construction set forth in Exhibit “A” is for estimation purposes only, and for calculation of the amount of securities DocuSign Envelope ID: 63A312B4-0C36-4059-AEED-C33A0F512BB8 263
Revised – KE -9/17/20
required pursuant to the provisions of section (2), below. Subdivider’s obligation to complete the improvements, or any portion of them, is not limited in any way by the estimated cost of construction, and the obligation of Subdivider’s surety in connection with the securities required pursuant to the provisions of section (2), below.

2. Security:

Subdivider shall, at all times, guarantee its performance of this agreement by furnishing to City and maintaining good and sufficient security as required by the State Subdivision Map Act on forms approved by City for the purposes and in the amounts as follows:
a. To ensure a faithful performance of this agreement in regard to the improvements in the amount of 100% of the estimated cost of construction of the improvements; and
b. To secure payment to any contractor, sub-contractor, persons renting equipment or furnishing labor or materials for the improvements required to be constructed or installed pursuant to this agreement in the additional amount of 100% of the estimated cost of construction of the improvements; and
c. To guarantee or warranty the work done pursuant to this agreement for a period of one (1) year following acceptance thereof by City Council of the City of Fontana against any defective work or labor done or defective materials furnished in the amount of 20% of the estimated cost of construction of the improvements; and
d. To warranty the setting of required subdivision monuments within oneyear following recordation of the Final Map in the amount of 100% of the estimated cost of setting subdivision monuments as shown in Exhibit "A". e. To guarantee the landscape maintenance of all landscape improvements for a period of one year (1) year following acceptance of thereof by the City.

The securities required by this agreement shall be kept on file with the City Clerk.

The terms of the security documents required by this agreement are hereby incorporated in this agreement by reference and copies attached hereto.

The security, which guarantees performance, can be released upon acceptance of the improvements by the City Council. The security which guarantees payment to contractor, sub-contractors and to persons furnishing labor, materials or equipment will be released 6 months after acceptance of the improvements by the DocuSign Envelope ID: 63A312B4-0C36-4059-AEED-C33A0F512BB8 264
Revised – KE -9/17/20
City Council, less the total of all claims to which the City has been given proper notice.

Securities may be released upon the final completion and acceptance of the work subject to the provisions herein. The City Council, in its absolute discretion, may release a portion of the security given for faithful performance of the improvement work as the improvement progresses upon application thereof by the Subdivider.

3. Time of Completion:

All of the required improvements shall be completed within 24 months from the effective date of this agreement. If the work is not completed within the specified time period because of acts of God, the public enemy, the City, or because of fire, flood, epidemic, quarantine restrictions, strikes or freight embargoes, the Subdivider shall be entitled to an extension beyond the specified time period for a period equal to the length of such delay within ten days from the beginning of such delay.

In addition to the extension for the reasons referenced in the foregoing paragraph, Subdivider may submit a written request, Exhibit “B”, for a discretionary extension of the time for completion of the improvements to the City Engineer.

The City Engineer may grant or reject such extension, in whole or in part or with conditions, in his sole discretion. If an extension of time is granted it shall in no way affect the validity of this contract or release the surety on the securities referenced herein.

In the event that Subdivider fails to complete the improvements within the required period or any approved extension, the City may complete the work and shall be entitled to recover the full cost and expenses thereof from Subdivider, or his surety as herein provided. If City pursues completion of the improvement work, it may require Subdivider, or his surety, to pay the City in advance, sufficient monies to cover the City's cost in completing construction of the improvements.

Any limitations period provided by law related to breach of this Agreement or the terms thereof shall not commence running until Subdivider, or Subdivider’s surety pursuant to Section 2 of this Agreement, has provided the City Engineer with written notice of Subdivider’s intent to abandon or otherwise not complete the improvements.

4. Effective Date of Agreement:

This Agreement shall not become effective unless and until the Subdivision Map has been approved by the City Council of the City of Fontana and also accepted DocuSign Envelope ID: 63A312B4-0C36-4059-AEED-C33A0F512BB8 265
Revised – KE -9/17/20
the Final Map for recordation by the County Recorder of the County of San Bernardino.

5. Utility Deposits - Statements:

Prior to the commencement of any work to be performed within the area delineated on the Final Map, the Subdivider must file a written statement with the City Clerk and the City Engineer, signed by the Subdivider, and each public utility involved, to the effect that Subdivider has made all deposits legally required by such public utility for the connection/extension of any and all public serving utilities to be provided to or within the subdivision.

6. Permits - Compliance with Law:

Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses, pay all charges, fees and taxes, and give all necessary and incidental notices to the due and lawful prosecution of the work.

7. Definition and Ownership of Improvements:

The term "improvements" means: grading, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities as shown in detail upon plans, profiles and specifications which have been prepared or are now in final preparation by engineers acting for Subdivider subject to approval by the City Engineer of the City of Fontana. No work on the improvements shall be commenced until plans and/or profiles therefore have been submitted, approved and permitted by the City Engineer. All required public improvements constructed or installed pursuant to this Agreement shall become the sole exclusive property of the City, without payment therefore, upon acceptance of the improvements by the City Council.

8. Obligations of Subdivider:

Notwithstanding the fact that Subdivider's plans and specifications, completion of the work, and other acts are subject to approval of the City, it is understood and agreed that any approval by the City thereof shall in no way relieve Subdivider of satisfactorily performing all work on the related obligations hereunder. The construction shall be done strictly in accordance with the plans and specifications prepared by Subdivider or its engineer, and as approved by the City as being consistent with the City Code and Standards. Subdivider warrants that its plans and specifications conform as a minimum to all City codes and standards and that they are adequate to accomplish the work in a good workmanlike manner and in accordance with responsible construction practices.

DocuSign Envelope ID: 63A312B4-0C36-4059-AEED-C33A0F512BB8 266
Revised – KE -9/17/20

9. Superintendence by Subdivider:

Subdivider shall personally supervise all work involved in the improvements, or shall designate a competent foreman or superintendent, satisfactory to the City Engineer, to supervise the work at all times during progress, with authority to act for Subdivider. In the event satisfactory superintendence is not being exercised by the Subdivider, the City Engineer may order suspension of all work within the subdivision until the deficiency is adequately corrected.

10. Repair and Replacements:

Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement or repairs, for all survey monuments or for any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or by the City or by any public or private corporation, or by any person whomsoever or by combination of such owners. Any such repair or replacement shall be completed in a reasonable manner and subject to the approval of the City Engineer and affected property owner.

11. Inspection by City:

Subdivider shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work and to the shops where the work is in preparation. The cost of inspections shall be paid by the Subdivider.

12. Approval by City Engineer.

All required improvements shall be constructed under the inspection of and subject to approval of the City Engineer. Therefore, it is mutually agreed by the parties hereto that the City Engineer shall have the right to reject any or all of the work to be performed under this contract if such work does not conform to the plans and specifications set forth herein or the City's Codes and standards. Any damage to the improvements (existing or new) that occurs during the course of work performed under this Agreement shall be repaired or replaced, by the Subdivider, to the satisfaction of the City Engineer before the final acceptance of completed work and release of security.

13. Liability for Performance Injury or Damage:

Neither the City nor any of its officers or agents shall be liable to Subdivider or its contractors for any error or omission arising out of or in connection with any work to be performed under this contract. Additionally, the City shall not be liable to the Subdivider or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any DocuSign Envelope ID: 63A312B4-0C36-4059-AEED-C33A0F512BB8 267
Revised – KE -9/17/20
cause whatsoever in, on, or about the subdivision of said land covered by this Agreement, or any part thereof.

14. Indemnification and Release:

Prior to the commencement of any work pursuant to this contract, Subdivider's contractors shall furnish to City satisfactory evidence of an insurance policy written upon a form and by a company (which meets with the approval of City) insuring City, its officers, agents, and employees against loss or liability which may arise during the work or which may result from any of the work herein required to be done, including all costs of defending and claim arising as a result thereof. Minimum liability and property damage insurance shall not be less than $250,000 for all damages arising out of bodily injury to a death of one person and not less than $1,000,000 for all damages arising out of bodily injuries to or death of more than one person in any occurrence; and not less than $250,000 for all damages and/or destruction of property in any one occurrence and not less than $500,000 for all damages and/or destruction of property during the policy period.

Such policy shall be in favor of Subdivider or its contractors and of the City, its officers, agents, and employees and shall be maintained in full force and effect during the life of this contract. The policy shall state by its terms and by an endorsement that it shall not be cancelled until City shall have had at least ninety (90) days' notice in writing of such cancellation.

The Subdivider hereby releases and agrees to indemnify and save the City harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage and liability, howsoever the same may be caused and whensoever the same may appear, resulting directly or indirectly from the performance or non-performance of any of or all work to be done in and upon premises adjacent thereto pursuant to this Agreement, and also from any and all injuries to and deaths of persons and injuries to property or other interests and all claims, demands, costs, loss, damage, and liability, howsoever same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the Subdivider, the Subdivider's agents, employees, and sub-contractors, while engaged in the performance if the work.

15. Liability of Subdivider:

The Subdivider agrees that the use for any purpose and by any person of any and all of the streets, easements and improvements herein specified shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City of the completed street and other improvements thereon and therein; provided that acceptance by the City shall in no way eliminate or lessen any of Subdivider's obligations or undertakings contained in this Agreement. The issuance of any occupancy permits (if granted) by the City for buildings located within the subdivision shall not be construed in any manner to constitute an DocuSign Envelope ID: 63A312B4-0C36-4059-AEED-C33A0F512BB8 268
Revised – KE -9/17/20
acceptance and approval of any or all of the required improvements in said subdivision.

16. Relationship of Contractors:

It is hereby mutually covenanted and agreed by the parties hereto that Subdivider's contractors are not agents of the City, if any, are those of independent contractors.

17. Repair or Reconstruction of Defective Work:

If, within a period of up to one year after City Council acceptance of the improvement work performed under this Agreement, any of the improvements for work done under this Agreement fails to fulfill any of the requirements of this Agreement, or the specifications referred to herein, Subdivider shall without delay and without any cost to the City (upon receipt of written notice from the City), repair or replace or reconstruct any defective of otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before Subdivider can be notified, City may, at its own option, make the necessary repairs or replacements or perform the necessary work and offset that amount against any security pledged by Subdivider for faithful performance, labor and materials, or warranty obligations under this agreement.

18. Warranty:

Without limiting the foregoing, Subdivider warrants and guarantees: materials used and workmanship performed on said work for a period of one (1) year after completion and acceptance thereof by the City, and the setting of all required Final Map monuments.

19. Assignment:

This agreement shall not be assignable by Subdivider without written consent of City.

DocuSign Envelope ID: 63A312B4-0C36-4059-AEED-C33A0F512BB8 269
Revised – KE -9/17/20
IN WITNESS WHEREOF, this agreement shall for all purposes be deemed an original thereof, having been duly executed by the Subdivider herein named on the day of , 20 being duly signed by its undersigned representative(s) pursuant to authority of its governing body.

SUBDIVIDER CITY OF FONTANA
Lennar Homes of California, Inc.,
A California corporation
By: By:

Geoffrey Smith Mark Denny, City Manager
VP of Forward Planning
Attest:

Tonia Lewis, City Clerk
APPROVED AS TO FORM:

By:

Ruben Duran, City Attorney
APPROVED AS TO CONTENT:

By:

Ricardo Sandoval, City Engineer
Attachments: (1) Exhibit "A" – Cost Estimate
(2) Exhibit "B" – Time Extension
(3) Securities
15th June 21
DocuSign Envelope ID: 63A312B4-0C36-4059-AEED-C33A0F512BB8 on behalf of
270

CITY OF FONTANA

ENGINEERING DEPARTMENT
COST ESTIMATE ** EXHIBIT "A" **
SHEET 1
DATE: 12/16/20 PROJECT NAME Monterado
DEVELOPER: LENNAR HOMES TRACT NO. Tr. 20224
ENGINEER: Allard Engineering PARCEL MAP NO.

PHONE NO.: (909) 356-1815

STREET IMPROVEMENTS
UNIT

ITEM QUANTITY UNIT COST AMOUNT
6" CURB & GUTTER L. F. 17.00 0.00
8" CURB & GUTTER 1,449 L. F. 19.00 27,531.00
8" THICK CROSS GUTTER 1,203 S. F. 11.00 13,233.00
4" SIDEWALK 9,320 S.F. 5.00 46,600.00
ACCESS RAMP 2 EA 2500.00 5,000.00
DRIVE WAY APPROACHES S.F. 11.00 0.00
ASPHALT CONCRETE DIKES L.F. 11.00 0.00
FOG SEAL S.F. 0.10 0.00
IMPORTED EMBANKMENT C.Y. 10.00 0.00
PREPARATION OF SUBGRADE S.F. 0.50 0.00
*A.C. 2,137 TON 90.00 192,330.00
*GRIND A.C. OVERLAY (1" MI. THICKNESS) S.F. 0.80 0.00
**PCC CURB ONLY (MEDIAN) L.F. 16.00 0.00
ADJUST SWR/SD MANHOLE TO GRADE EA 500.00 0.00
ADJUST SEWER CLEAN OUT TO GRADE EA 300.00 0.00
ADJUST WATER VALVES TO GRADE EA 250.00 0.00
BARRICADES 1 EA 40.00 40.00
2 X 4 REDWOOD HEADER L.F. 5.00 0.00
*REMOVAL OF A.C. PAVEMENT 24,993 S.F. 0.66 16,495.38
6 PACK INTERCONNECT INCL. WIRE LF 40.00 0.00
4" RIGID CONDUIT L.F. 40.00 0.00
P48 SPLICE BOX AT 400' INTERVAL EA 500.00 0.00
8" CURB ONLY L.F. 17.00 0.00
AGGREGATE BASE TON 30.00 0.00
GUARD POSTS TON 70.00 0.00
GUARD PANEL (WOOD) L.F. 40.00 0.00
SAWCUT L.F. 3.50 0.00
REFLECTORS AND POSTS EA 100.00 0.00
STREET/STOP SIGNS EA 250.00 0.00
STREET IMPROVEMENTS SUBTOTAL 301,229.38
* A.C. ASPHALTIC CONCRETE
** P.C.C. PORTLAND CONCRETE CEMENT
Citrus Ave. Offsites
C:\Users\henry\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\Q6GT46X8\Offsite - Citrus Avenue APPROVED HP 05/20/2021
DocuSign Envelope ID: 63A312B4-0C36-4059-AEED-C33A0F512BB8 271
SHEET 2

STORM DRAIN IMPROVEMENTS
UNIT

ITEM QUANTITY UNIT COST AMOUNT
* 12" PVC L.F. 30.00 0.00
* 18" PVC L.F. 50.00 0.00
* 18" RCP L.F. 90.00 0.00
* 24" RCP L.F. 110.00 0.00
* 30" RCP L.F. 200.00 0.00
* 36" RCP L.F. 220.00 0.00
* 42" RCP L.F. 240.00 0.00
* 48" RCP L.F. 260.00 0.00
* 54" RCP L.F. 280.00 0.00
* 60" RCP L.F. 300.00 0.00
* 66" RCP L.F. 320.00 0.00
* 78" RCP L.F. 340 0.00
* 24" CMP L.F. 90 0.00
* 60" CMP L.F. 320.00 0.00
CATCH BASIN/CURB INLET:

W = 7 EA 4,000.00 0.00
W = 10 EA 4,500.00 0.00
W = 12 EA 4,000.00 0.00
W = 16 EA 6,000.00 0.00
W = 21 11,000.00 0.00
W = 28 EA 14,000.00 0.00
TRANSITION STRUCTURE EA 3,200.00 0.00
JUNCTION STRUCTURE EA 3,200.00 0.00
GRATE INLET STRUCTURE LF 2,100.00 0.00
MANHOLES EA 2,500.00 0.00
LOCAL DEPRESSION EA 1,250.00 0.00
DISCHARGE STRUCTURE EA 2,800.00 0.00
HEADWALL/WINGWALL EA 3,000.00 0.00
RIP RAP EA 500.00 0.00
TRASH RACK EA 500.00 0.00
24" RCP LATERAL AND CMP RISER EA 5,000.00 0.00
STORM DRAIN IMPROVEMENT SUBTOTAL 0.00
* REINFORCE CONCRETE PIPE
SHEET 3

SANITARY SEWER IMPROVEMENTS
UNIT

ITEM QUANTITY UNIT COST AMOUNT
MANHOLES 60" DIAMETER EA 4,500.00 0.00
MANHOLES 48" DIAMETER 4 EA 4,000.00 16,000.00
DROP MANHOLES EA 4,500.00 0.00
WYES EA 100.00 0.00
C:\Users\henry\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\Q6GT46X8\Offsite - Citrus Avenue DocuSign Envelope ID: 63A312B4-0C36-4059-AEED-C33A0F512BB8 272
CLEANOUTS EA 600.00 0.00
REMODELING OF EXISTING MANHOLE: 1 EA 950.00 950.00
BACKWATER VALVES EA 25.00 0.00
** 4" VCP L.F. 50.00 0.00
** 6" VCP L.F. 60.00 0.00
** 8" VCP L.F. 70.00 0.00
** 10" VCP 556 L.F. 80.00 44,480.00
** 12" VCP L.F. 90.00 0.00
** 15" VCP L.F. 100.00 0.00
SANITARY SEWER IMPROVEMENT SUBTOTAL 61,430.00
** VITRIFIED CLAY PIPE
SHEET 4

TRAFFIC SIGNALS/ SIGNS/ STRIPING
UNIT

ITEM QUANTITY UNIT COST AMOUNT
TRAFFIC SIGNAL MODIFICATION:

ONE CORNER L.S. 50,000.00 0.00
TWO CORNERS L.S. 100,000.00 0.00
TRAFFIC SIGNAL NEW L.S. 250,000.00 0.00
PAINT TRAFFIC STRIPE (1 COAT) L.F. 2.40 0.00
PAINT TRAFFIC STRIPE (2 COATS) L.F. 0.65 0.00
PEDESTRIAN CROSSWALK STRIPPING L.F. 0.65 0.00
PAVEMENT MARKER (NON REFLECTIVE) EA 2.50 0.00
PAVEMENT MARKER (REFLECTIVE) EA 4.00 0.00
STREET SIGNS EA 250.00 0.00
REFLECTORS AND POSTS EA 100.00 0.00
MISC STRIPING EA 20,000.00 0.00
STOP BAR AND LEGEND STRIPING EA 100.00 0.00
STOP SIGNS EA 80.00 0.00
TRAFFIC SIGNAL/ SIGNS/ STRIPING SUBTOTAL 0.00
SHEET 5

CFD LANDSCAPE IMPROVEMENTS (BONDING PURPOSES ONLY)
AREA LANDSCAPED S.F. 12.00 0.00
CENTER MEDIAN 0 S.F. 12.00 0.00
LANDSCAPING IMRPOVEMENTS SUB TOTAL 0.00
SUB TOTALS:

STREET IMPROVEMENT SUB TOTAL: 301,229.38
STORM DRAIN IMPROVEMENTS SUB TOTAL: 0.00
SANITARY SEWER IMPROVEMENTS SUBTOTAL: 61,430.00
TRAFFIC SIGNAL/SIGNS/STRIPPING SUBTOTAL: 0.00
IMPROVEMENT SUBTOTAL: 362,659.38
(*USE THIS TOTAL FOR PLAN CHECK AND PERMITTING PURPOSES*) C:\Users\henry\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\Q6GT46X8\Offsite - Citrus Avenue DocuSign Envelope ID: 63A312B4-0C36-4059-AEED-C33A0F512BB8 273
CFD LANDSCAPE IMPROVEMENTS: 0.00
SUBDIVISION MONUMENT GUARANTEE $1,200 + $50/LOT
STREET LIGHTS 6 @ $5,000 30000

CUCAMONGA COUNTY WATER DISTRICT

FACILITIES
IMRPOVEMENTS SUB TOTAL 392,659.38
ADD 35% 137430.78
BONDING TOTAL: 530,090.16
C:\Users\henry\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\Q6GT46X8\Offsite - Citrus Avenue APPROVED HP 05/20/2021
DocuSign Envelope ID: 63A312B4-0C36-4059-AEED-C33A0F512BB8 274

CITY OF FONTANA

ENGINEERING DEPARTMENT
COST ESTIMATE ** EXHIBIT "A" **
SHEET 1
DATE: 1/19/21 PROJECT NAME Monterado
DEVELOPER: LENNAR HOMES TRACT NO. Tr. 20224
ENGINEER: Allard Engineering PARCEL MAP NO.

PHONE NO.: (909) 356-1815

STREET IMPROVEMENTS
UNIT

ITEM QUANTITY UNIT COST AMOUNT
6" CURB & GUTTER L. F. 17.00 0.00
8" CURB & GUTTER L. F. 19.00 0.00
8" THICK CROSS GUTTER S. F. 11.00 0.00
4" SIDEWALK S.F. 5.00 0.00
ACCESS RAMP EA 2500.00 0.00
DRIVE WAY APPROACHES S.F. 11.00 0.00
ASPHALT CONCRETE DIKES L.F. 11.00 0.00
FOG SEAL S.F. 0.10 0.00
IMPORTED EMBANKMENT C.Y. 10.00 0.00
PREPARATION OF SUBGRADE S.F. 0.50 0.00
*A.C. TON 90.00 0.00
*GRIND A.C. OVERLAY (1" MI. THICKNESS) S.F. 0.80 0.00
**PCC CURB ONLY (MEDIAN) L.F. 16.00 0.00
ADJUST SWR/SD MANHOLE TO GRADE EA 500.00 0.00
ADJUST SEWER CLEAN OUT TO GRADE EA 300.00 0.00
ADJUST WATER VALVES TO GRADE EA 250.00 0.00
BARRICADES EA 40.00 0.00
2 X 4 REDWOOD HEADER L.F. 5.00 0.00
*REMOVAL OF A.C. PAVEMENT S.F. 0.66 0.00
6 PACK INTERCONNECT INCL. WIRE LF 40.00 0.00
4" RIGID CONDUIT L.F. 40.00 0.00
P48 SPLICE BOX AT 400' INTERVAL EA 500.00 0.00
8" CURB ONLY L.F. 17.00 0.00
AGGREGATE BASE TON 30.00 0.00
GUARD POSTS TON 70.00 0.00
GUARD PANEL (WOOD) L.F. 40.00 0.00
SAWCUT L.F. 3.50 0.00
REFLECTORS AND POSTS EA 100.00 0.00
STREET/STOP SIGNS EA 250.00 0.00
STREET IMPROVEMENTS SUBTOTAL 0.00
* A.C. ASPHALTIC CONCRETE
** P.C.C. PORTLAND CONCRETE CEMENT
Onsite Public Sewer
C:\Users\henry\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\Q6GT46X8\Onsite - Sewer APPROVED HP 05/20/2021
DocuSign Envelope ID: 63A312B4-0C36-4059-AEED-C33A0F512BB8 275
SHEET 2

STORM DRAIN IMPROVEMENTS
UNIT

ITEM QUANTITY UNIT COST AMOUNT
* 12" PVC L.F. 30.00 0.00
* 18" PVC L.F. 50.00 0.00
* 18" RCP L.F. 90.00 0.00
* 24" RCP L.F. 110.00 0.00
* 30" RCP L.F. 200.00 0.00
* 36" RCP L.F. 220.00 0.00
* 42" RCP L.F. 240.00 0.00
* 48" RCP L.F. 260.00 0.00
* 54" RCP L.F. 280.00 0.00
* 60" RCP L.F. 300.00 0.00
* 66" RCP L.F. 320.00 0.00
* 78" RCP L.F. 340 0.00
* 24" CMP L.F. 90 0.00
* 60" CMP L.F. 320.00 0.00
CATCH BASIN/CURB INLET:

W = 7 EA 4,000.00 0.00
W = 10 EA 4,500.00 0.00
W = 12 EA 4,000.00 0.00
W = 16 EA 6,000.00 0.00
W = 21 11,000.00 0.00
W = 28 EA 14,000.00 0.00
TRANSITION STRUCTURE EA 3,200.00 0.00
JUNCTION STRUCTURE EA 3,200.00 0.00
GRATE INLET STRUCTURE LF 2,100.00 0.00
MANHOLES EA 2,500.00 0.00
LOCAL DEPRESSION EA 1,250.00 0.00
DISCHARGE STRUCTURE EA 2,800.00 0.00
HEADWALL/WINGWALL EA 3,000.00 0.00
RIP RAP EA 500.00 0.00
TRASH RACK EA 500.00 0.00
24" RCP LATERAL AND CMP RISER EA 5,000.00 0.00
STORM DRAIN IMPROVEMENT SUBTOTAL 0.00
* REINFORCE CONCRETE PIPE
SHEET 3

SANITARY SEWER IMPROVEMENTS
UNIT

ITEM QUANTITY UNIT COST AMOUNT
MANHOLES 60" DIAMETER EA 4,500.00 0.00
MANHOLES 48" DIAMETER 30 EA 4,000.00 120,000.00
DROP MANHOLES EA 4,500.00 0.00
WYES EA 100.00 0.00
C:\Users\henry\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\Q6GT46X8\Onsite - Sewer DocuSign Envelope ID: 63A312B4-0C36-4059-AEED-C33A0F512BB8 276
CLEANOUTS EA 600.00 0.00
REMODELING OF EXISTING MANHOLE: EA 950.00 0.00
BACKWATER VALVES EA 25.00 0.00
** 4" VCP L.F. 50.00 0.00
** 6" VCP L.F. 60.00 0.00
** 8" VCP 2,745 L.F. 70.00 192,150.00
** 10" VCP L.F. 80.00 0.00
** 12" VCP L.F. 90.00 0.00
** 15" VCP L.F. 100.00 0.00
5 FT OF 8" VCP STUB AND PLUG 25 EA 370.00 9,250.00
SANITARY SEWER IMPROVEMENT SUBTOTAL 321,400.00
** VITRIFIED CLAY PIPE
SHEET 4

TRAFFIC SIGNALS/ SIGNS/ STRIPING
UNIT

ITEM QUANTITY UNIT COST AMOUNT
TRAFFIC SIGNAL MODIFICATION:

ONE CORNER L.S. 50,000.00 0.00
TWO CORNERS L.S. 100,000.00 0.00
TRAFFIC SIGNAL NEW L.S. 250,000.00 0.00
PAINT TRAFFIC STRIPE (1 COAT) L.F. 2.40 0.00
PAINT TRAFFIC STRIPE (2 COATS) L.F. 0.65 0.00
PEDESTRIAN CROSSWALK STRIPPING L.F. 0.65 0.00
PAVEMENT MARKER (NON REFLECTIVE) EA 2.50 0.00
PAVEMENT MARKER (REFLECTIVE) EA 4.00 0.00
STREET SIGNS EA 250.00 0.00
REFLECTORS AND POSTS EA 100.00 0.00
MISC STRIPING EA 20,000.00 0.00
STOP BAR AND LEGEND STRIPING EA 100.00 0.00
STOP SIGNS EA 80.00 0.00
TRAFFIC SIGNAL/ SIGNS/ STRIPING SUBTOTAL 0.00
SHEET 5

CFD LANDSCAPE IMPROVEMENTS (BONDING PURPOSES ONLY)
AREA LANDSCAPED S.F. 12.00 0.00
CENTER MEDIAN 0 S.F. 12.00 0.00
LANDSCAPING IMRPOVEMENTS SUB TOTAL 0.00
SUB TOTALS:

STREET IMPROVEMENT SUB TOTAL: 0.00
STORM DRAIN IMPROVEMENTS SUB TOTAL: 0.00
SANITARY SEWER IMPROVEMENTS SUBTOTAL: 321,400.00
TRAFFIC SIGNAL/SIGNS/STRIPPING SUBTOTAL: 0.00
IMPROVEMENT SUBTOTAL: 321,400.00
(*USE THIS TOTAL FOR PLAN CHECK AND PERMITTING PURPOSES*) C:\Users\henry\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\Q6GT46X8\Onsite - Sewer DocuSign Envelope ID: 63A312B4-0C36-4059-AEED-C33A0F512BB8 277
CFD LANDSCAPE IMPROVEMENTS: 0.00
SUBDIVISION MONUMENT GUARANTEE $1,200 + $50/LOT
STREET LIGHTS 6 @ $5,000 30000

CUCAMONGA COUNTY WATER DISTRICT

FACILITIES
IMRPOVEMENTS SUB TOTAL 351,400.00
ADD 35% 122990.00
BONDING TOTAL: 474,390.00
C:\Users\henry\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\Q6GT46X8\Onsite - Sewer APPROVED HP 05/20/2021
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June 8th, 2021
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DocuSign Envelope ID: 63A312B4-0C36-4059-AEED-C33A0F512BB8 283
June 8th, 2021
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DocuSign Envelope ID: 63A312B4-0C36-4059-AEED-C33A0F512BB8 289
June 8th, 2021
DocuSign Envelope ID: 63A312B4-0C36-4059-AEED-C33A0F512BB8 290
DocuSign Envelope ID: 63A312B4-0C36-4059-AEED-C33A0F512BB8 291
DocuSign Envelope ID: 63A312B4-0C36-4059-AEED-C33A0F512BB8 292
DocuSign Envelope ID: 63A312B4-0C36-4059-AEED-C33A0F512BB8 293
DocuSign Envelope ID: 63A312B4-0C36-4059-AEED-C33A0F512BB8 294
DocuSign Envelope ID: 63A312B4-0C36-4059-AEED-C33A0F512BB8 295
Certificate Of Completion
Envelope Id: 63A312B40C364059AEEDC33A0F512BB8 Status: Completed Subject: Lennar Homes - Subdivision Improvement Agreement (Tract Map No. 20224) Source Envelope:

Document Pages: 33 Signatures: 5 Envelope Originator:

Certificate Pages: 6 Initials: 0 Purchasing Office
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
8353 Sierra Avenue
Fontana, CA 92335
[email protected]
IP Address: 192.146.186.96
Record Tracking
Status: Original
6/15/2021 8:16:18 AM
Holder: Purchasing Office
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Geoffrey Smith
[email protected]
Director of Operations
Lennar
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 45.23.208.129
Sent: 6/15/2021 8:20:58 AM
Viewed: 6/15/2021 8:22:06 AM
Signed: 6/15/2021 8:22:21 AM
Electronic Record and Signature Disclosure:

Accepted: 4/30/2018 3:01:47 PM
ID: e44504f7-9217-4c4f-befa-3120779fd169
Ricardo Sandoval
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 107.77.227.172
Signed using mobile
Sent: 6/15/2021 8:22:23 AM
Viewed: 6/17/2021 7:44:44 AM
Signed: 6/17/2021 7:45:01 AM
Electronic Record and Signature Disclosure:

Accepted: 6/17/2021 7:44:44 AM
ID: 6a80cd13-bf01-48a7-a53d-b5dd7ee83737
Ruben Duran
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 74.116.243.2
Sent: 6/17/2021 7:45:03 AM
Viewed: 6/21/2021 9:19:40 AM
Signed: 6/21/2021 9:20:38 AM
Electronic Record and Signature Disclosure:

Accepted: 6/21/2021 9:19:40 AM
ID: 4d0e01f6-fc32-4680-af2a-2a5cbecc9536
Phillip Burum
[email protected]
Deputy City Manager
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 192.146.186.96
Sent: 6/21/2021 9:20:41 AM
Resent: 6/22/2021 3:35:55 PM
Viewed: 6/22/2021 3:38:12 PM
Signed: 6/22/2021 3:41:37 PM
Electronic Record and Signature Disclosure:

Accepted: 6/22/2021 3:38:12 PM
ID: 2b6594f5-9fcb-477c-a148-1bf97b0ab711
296
Signer Events Signature Timestamp
Purchasing Office
[email protected]
www.fontanapurchasing.org
City of Fontana
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 192.146.186.96
Sent: 6/22/2021 3:35:55 PM
Viewed: 6/22/2021 3:36:25 PM
Signed: 6/22/2021 3:36:35 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Tonia Lewis
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 76.218.56.24
Signed using mobile
Sent: 6/22/2021 3:41:39 PM
Viewed: 6/22/2021 7:43:33 PM
Signed: 6/24/2021 7:10:42 AM
Electronic Record and Signature Disclosure:

Accepted: 6/24/2021 7:10:26 AM
ID: 073d73a2-3691-4d95-937f-06c8e6dc8d30
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Kathy Kasinger
[email protected]
Records Coordinator
Security Level: Email, Account Authentication
(None)
Sent: 6/24/2021 7:10:44 AM
Electronic Record and Signature Disclosure:

Accepted: 5/20/2021 8:09:42 AM
ID: 607ac5a5-80e4-4ddd-a907-623974f63792
Kari Ecoff
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 6/24/2021 7:10:45 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Henry Pham
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 6/24/2021 7:10:46 AM
Viewed: 6/24/2021 7:19:08 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
297
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 6/15/2021 8:20:58 AM
Certified Delivered Security Checked 6/22/2021 7:43:33 PM Signing Complete Security Checked 6/24/2021 7:10:42 AM
Completed Security Checked 6/24/2021 7:10:46 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
298

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Fontana (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document.

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Electronic Record and Signature Disclosure created on: 2/2/2017 6:54:36 AM Parties agreed to: Geoffrey Smith, Ricardo Sandoval, Ruben Duran, Phillip Burum, Tonia Lewis, Kathy Kasinger 299
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300
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By checking the 'I Agree' box, I confirm that:
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• Until or unless I notify City of Fontana as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Fontana during the course of my relationship with you. 301
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2215 Agenda Date: 6/13/2023
Agenda #: J. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Police Department Monthly Information Update
RECOMMENDATION:

Accept the Police Department monthly information update for April 2023.

COUNCIL GOALS:
· Operate in a businesslike manner by creating a memorable customer experience with every interaction.
· Increase citizen involvement by informing the public about issues, program, and accomplishments.
· Concentrate on Inter-governmental relations by establishing partnerships and positive working relationships with other public agencies providing services to residents and local businesses.

DISCUSSION:

The April 2023 monthly information report has been completed. Once the report is accepted by the City Council it will be featured on the Department website.

FISCAL IMPACT:

There is no fiscal impact.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 6/7/2023
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POLICE DEPARTMENT

MONTHLY REPORT
April 2023
303

NOTEWORTHY EVENTS
• Officers participated in “Career Day” presentations at Cypress Elementary School and Randall Pepper Elementary School
• COPE participated with a fentanyl education and awareness campaign at Entrepreneur High School
• Staff recognized Police Dispatchers during National Dispatchers Appreciation Week • Area Commanders conducted a presentation in Area 4
• All the PD’s labor units assisted in preparing over 400 meals for the AR-RAHMAN Islamic Center to celebrate Ramadan
• Fontana Police Detectives secured a 35 year state prison conviction for an individual convicted of child molestation
• Animal Services hosted an affordable pet vaccination clinic • PD and CSD hosted the 2nd annual Special Needs Resource Fair • ICAC arrested numerous individuals for child pornography KA1
304
Slide 2
KA1 Kevin Anderson, 2/9/2021
305
306

CITYWIDE
• Priority 1 response time- 4:59(Emergency calls like subject not breathing, shots fired, and other immediate risk to life/safety)
• Calls for service- 10,732
• Total Traffic Accidents- 240
• Non-Injury- 182, Injury - 58
• Total arrests- 357
• Hispanic- 246, White- 51 , Black- 54, All others races- 6 • Total Group A Offenses- 658
• Crimes Against Persons- 166
• Crimes Against Property- 371
• Crimes Against Society- 121
307
• Crimes Against Person- 166 CITYWIDE • Homicide- 1
• Sex Offenses- 12
• Assault- 151
• Kidnapping- 2
• Other- 0
• Crimes Against Property- 371
• Robbery- 6
• Burglary- 39
• Larceny- 148
• Destruction of Property- 38
• Fraud- 57
• Possession of Stolen Property- 35
• Motor Vehicle Theft- 39
• Other Miscellaneous Property Crimes- 9
• Crimes Against Society- 121
• Drug and Paraphernalia Possession- 90
• Possession of Child Pornography- 7
• Possession of Weapons- 24
• Other Miscellaneous Crimes- 0
308

CRIMES BY BEAT
• Police Department Beat system is NOT
geographically the same as City Council
representation Districts
• Beat 1- All area north of 210 Freeway
• Beat 2- All area south of 210 Freeway and
north of Foothill
• Beat 3- All area south of Foothill and north
of 10 Freeway
• Beat 4- All area south of the 10 Freeway
Area 1
Area 2
Area 3
Area 4
309
BEAT 1

AREA COMMANDER IS LIEUTENANT KELLEN GUTHRIE
EMAIL- [email protected]
DESK- (909) 350-7716
• Total Group A Offenses- 67
• Crimes Against Persons- 15
• Crimes Against Property- 49
• Crimes Against Society- 3
310
BEAT 2

AREA COMMANDER IS LIEUTENANT MATT KRAUT
EMAIL- [email protected]
DESK- (909) 356-7142
• Total Group A Offenses- 150
• Crimes Against Persons- 49
• Crimes Against Property- 79
• Crimes Against Society- 22
311
BEAT 3

AREA COMMANDER IS LIEUTENANT CHRIS TUSANT
EMAIL – [email protected]
DESK – (909) 350-7706
• Total Group A Offenses- 275
• Crimes Against Persons- 79
• Crimes Against Property- 144
• Crimes Against Society- 52
312
Beat 4

AREA COMMANDER IS LIEUTENANT TRACY DILLS
EMAIL – [email protected]
DESK – (909) 350-7707
• Total Group A Offenses- 113
• Crimes Against Persons- 21
• Crimes Against Property- 81
• Crimes Against Society- 11
313

ADDITIONAL USEFUL INFORMATION
• For more information regarding specific geographical crime data, visit www.crimemapping.com and enter your zip code
• Police Department information line- (909) 350-7740
• Police Department Dispatch non-emergency line- (909) 350-7700 • Anonymous crime reporting (909) 356-TIPS to leave a recorded message
• Report Graffiti on City Property- (909) 350-GONE
• Office of the Chief- (909) 350-7702 or [email protected] 314
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2242 Agenda Date: 6/13/2023
Agenda #: K. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve a Bond Reduction for Tract No. 20362 (Intract Improvements) at The Gardens Village within The Arboretum Specific Plan.

RECOMMENDATION:

Approve a reduction of the Faithful Performance and Labor and Materials bond posted by Lennar Homes of California, Inc., a California Corporation for Tract No. 20362 (Intract Improvements), located south of Duncan Canyon Road, west of Sierra Avenue, east of Cypress Avenue, and north of Casa Grande Avenue at The Gardens Village within The Arboretum Specific Plan.

COUNCIL GOALS:
· Promote economic development by being business friendly at all levels and striving to constantly improve the city's competitiveness.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.

DISCUSSION:

Tract No. 20362 (Intract Improvements) is located south of Duncan Canyon Road, west of Sierra Avenue, east of Cypress Avenue, and north of Casa Grande Avenue at The Gardens Village within The Arboretum Specific Plan. As a requirement of the Subdivision Map Act and as a condition of development, Lennar Homes of California, Inc., a California Corporation posted a bond to secure 100% of the installation of public infrastructure for the residential tract. Currently, the developer has completed the majority of the public infrastructure.

This action will authorize an 80% reduction in securities to an amount sufficient to guarantee the completion of all remaining public infrastructure work as follows:

Tract No. Bond No. Bond Amount Reduce To
20362 (Intract Improvements) 30142511 $5,389,304.21 $1,077,860.84 FISCAL IMPACT:

This action will only authorize the reduction of the posted bond, therefore there is no fiscal impact to City resources at this time.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 2 Printed on 6/7/2023
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File #: 21-2242 Agenda Date: 6/13/2023
Agenda #: K. Category: Consent Calendar
City of Fontana Page 2 of 2 Printed on 6/7/2023
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319
320
321
322
323
INTERSTATE 15
CALIFORNIA 210
CALIFORNIA 66
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2226 Agenda Date: 6/13/2023
Agenda #: L. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve a Landscape Bond Reduction for Tract No.’s 19960, 19961 and 19962 located within The Arboretum Specific Plan.

RECOMMENDATION:

Approve a reduction of the landscape bond guarantee for Faithful Performance posted by Lennar Homes of California, Inc., a California Corporation for Tract No.’s 19960, 19961 and 19962 (CFD Landscape Improvements), located within the Arboretum Specific Plan.

COUNCIL GOALS:
· Promote economic development by being business friendly at all levels and striving to constantly improve the city's competitiveness.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.

DISCUSSION:

Tract No.’s 19960, 19961 and 19962 (CFD Landscape Improvements) are located within the Arboretum Specific Plan, north of Casa Grande Avenue, west of Citrus Avenue, east of Cypress Avenue, and south of Duncan Canyon Avenue. Tract No.'s 19960,19961 and 19962 are single family residential subdivisions that have a combined total of 585 residential lots. As a requirement of the Subdivision Map Act and as a condition of development the developer, Lennar Homes of California, Inc., a California Corporation posted bonds to secure 100% of the installation of all Community Facilities District (CFD) Landscape Improvements for the residential tracts. Currently, the developer has completed the majority of the Community Facilities District (CFD) Landscape Improvements.

This action will authorize an 80% reduction in securities to an amount sufficient to guarantee the completion of all remaining infrastructure work as follows:

Tract No. Bond No. Bond Amount Reduce To
19960, 19961 and 19962 914095 $1,432,488.00 $286,497.60 FISCAL IMPACT:

This action will only authorize the reduction of the posted bond; therefore, there is no fiscal impact to City resources at this time.

MOTION:

City of Fontana Page 1 of 2 Printed on 6/7/2023
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File #: 21-2226 Agenda Date: 6/13/2023
Agenda #: L. Category: Consent Calendar
Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 6/7/2023
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332
50 LOTS & LOTS " A", " B", " C", " D" & REMAINDER
104. 81 ACRES GROSS

6. 89 ACRES NET
MADOLE AND ASSOCIATES, INC.

OWNER' S STATEMENT:

TRACT N0,. 19960
IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA.

BEING A SUBDIVISION OF THE REMAINDER LOT OF TRACT N0. 19960- 3 AS PER MAP FILED IN BOOK X12, PAGES 28 THROUGH M_ OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN SECTION 19, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO MERIDIAN ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF.

WE HEREBY STATE THAT WE ARE ALL AND THE ONLY PARTIES HAVING ANY RECORD TITLE INTEREST IN THE LAND SUBDIVIDED AS SHOWN ON THE ANNEXED MAP AND WE HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF THIS FINAL MAP.

THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT TO THE CITY OF FONTANA FOR PUBLIC PURPOSES: DUNCAN CANYON

ROAD, AGAVE AVENUE, DEER GRASS DRIVE, RED WILLOW STREET, AND ARBORETUM AVENUE, FOR STREET, HIGHWAY AND PUBLIC UTILITY PURPOSES, AS SHOWN ON SAID MAP WITHIN SAID SUBDIVISION.

THE REAL PROPERTY DESCRIBED BELOW IS DEDICATE IN FEE TO THE CITY OF FONTANA FOR PUBLIC PURPOSES: LOTS ' A" THROUGH " D" FOR LANDSCAPE PURPOSES, AS SHOWN HEREON.

WE ALSO HEREBY DEDICATE TO THE CITY OF FONTANA, ALL RIGHTS OF VEHICULAR ACCESS TO OR EGRESS FROM: ARBORETUM AVENUE, EXCEPT AS SHOWN.

LENNAR HOMES OF CALIFORNIA, INC., A CALIFORNIA CORPORATION BY:

NAME: f%
ITS:

NORTH
BY:

NAME:

ITS:

COMPANY, LLC A DELAWARE LIMITED LIABILITY COMPANY

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF / ew Qt I
COUNTY OF to.. g/ i_--__- I SS
ME, .. /// 0/. 5 A NOTARY PUBLIC, PERSONALLY
of ll!!

NAMF/JAND TITLE OF THE OFFICER)

WHO PROVED TO ME ON THE

NAME OF PERSON SIGNING)
BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON($) WHOSE NAME() IS/ ARE SUBSCRIBED TO THE WITHIN THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/ 914 THEY EXECUTED THE SAME IN HIS/ BER/ T44R AUTHORIZED CAPACITY(0) AND THAT BY HIS/ NER/= ft SIGNATURE(,`) ON THE INSTRUMENT THE PERSON( S) OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(, 8'} ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND AND OFFICIAL SEAL.

SIGNATURE / _
PRINT : 3
COMMISSION No.:

COMMISSION EXPI ES: 06
PRINCIPAL PLACE OF BUSINE :

NOTARY ACKNOWLEDGMENT:

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF , }

COUNTY OF
A
o SS
ON I BEFORE ME, ' ' Z.. -A NOTARY PUBLIC, PERSONALLY
DAT) _ %( NAME AND TITLE OF THE OFFICER)
APPEAREDI- 1AVVjVvj&' 1yj WHO PROVED TO ME ON THE
NAME OF PERS6N SIGNING)

BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON( S) WHOSE NAME( S) IS/ ARE SUBSCRIBED TO THE WITHIN THE WITHIN INSTRUMENT AND

ACKNOWLEDGED TO ME THAT HE/ SHE/ THEY EXECUTED THE SAME IN HIS/ HER/ THEIR AUTHORIZED CAPACITY( IES) AND THAT BY HIS/ HER/ THEIR

SIGNATURE( S) ON THE INSTRUMENT THE PERSON( S) OR THE ENTITY UPON BEHALF OF WHICH THE PERSON( S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HA.NQ A.NQ OFFICIAL SEAL.

PRINT
COMMISSION No.:

COMMISSION EXPIRES

PRINCIPAL PLACE OF
SEE SHEET 5 OF • • SIGNATURE
BENEFICIARY:

NORTH FONTANA INVESTMENT COMPANY, LLC, A DELAWARE LIMITED LIABILITY COMPANY, BENEFICIARY UNDER DEED OF TRUST RECORDED OCTOBER 3, 2017, AS INSTRUMENT NO. 2017- 0407703, Q. R. AND BENEFICIARY UNDER DEED OF TRUST RECORDED OCTOBER 3, 2017, AS INSTRUMENT NO. 20 7- 0407704,
SIGNATURE: PRINT NAME:

TITLE: rt
NOTARY CKNOWLEDGMENT:

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF l "IA Vy" w w%
l Vim! L1 raa 1111
107R -A= BE ; Tm1ac

1. i = ORE ME$ I lu_ 4m
APPEARED % e ' 1g t 1 '

CITY OFFICIAL' S STATEMENT -
SHEET 1 OF 5 SHEETS

AT THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF FONTANA, STATE OF CALIFORNIA, HELD ON THE 744. DAY OF Marge , 20 - Lk, SAID CITY COUNCIL ACCEPTED ON BEHALF OF THE CITY OF FONTANA THE ANNEXED MAP OF TRACT NO. 19960 AND ACCEPTED THE FOREGOING DEDICATIONS IN ACCORDANCE WITH CITY OF FONTANA STANDARDS.

THIS PROCEDURE IS THE TRUE AND COMPLETE PROCEDURE APPROVED BY TH ITY COUNCIL ON THE DAY OF , 2015( ^
ATTEST:

Z- A NOTARY PUBLIC, PERSONALLY TONIA LEWIS

CITY CLERK, CITY OF FONTANA

WHO PROVED TO ME ON THE BASIS OF
v (

NAME OF PERSON SIGNING)

SATISFACTORY EVIDENCE TO BE THE PERSON( S) WHOSE NAME( S) IS/ ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME

THAT HE/ SHE/ THEY EXECUTED THE SAME IN HIS/ HER/ THEIR AUTHORIZED CAPACITY( IES) AND THAT BY HIS/ HER/ THEIR SIGNATURE( S) ON THE INSTRUMENT THE PERSON( S) OR THE ENTITY UPON BEHALF OF WHICH THE PERSON( S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY
COMMISSION EXPIRES:

PRINCIPAL PLACE OF
BENEFICIARY:

WELLS FARGO BANK, N. A., A NATIONAL BANKING ASSOCIATION, BENEFICIARY UNDER DEED OF TRUST RECORDED JUNE 25, 2004, AS INSTRUMENT NO. 2004- 0453805, O. R. AND DOCUMENT LAST MODIFIED AND RECORDED SEPT -EMBER 29, 2017 AS INSTRUMENT NO. 2017- 04841-3 O. R.

SA N URR` I Z(v, Z00 2018- 0029495
SIGNATURE: PRINT NAME: S`/ %
TITLE: . 64// eA Y166- P&WO& V7
NOTARY ACKNOWLEDGMENT:

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF IRXQ
COUNTY OF } SS
ON _ am_ BEFORE ME, V1 Ad IAfM5 A NOTARY PUBLIC, PERSONALLY

DA ) ( NAME AND TITLE OF THE OFFICER)
agalwo WHO PROVED TO ME ON THE BASIS OF

NAME OF PERSON SIGNING)

SATISFACTORY EVIDENCE TO BE THE PERSON( S) WHOSE NAME( S) IS/ ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME

THAT HE/ SHE/ THEY EXECUTED THE SAME IN HIS/ HER/ THEIR AUTHORIZED CAPACITY( IES) AND THAT BY NIS/ HER/ THEIR SIGNATURE( S) ON THE INSTRUMENT THE PERSON( S) OR THE ENTITY UPON BEHALF OF WHICH THE PERSON( S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND AND OFFICIAL SEAL.

SURVEYOR' S STATEMENT:

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS

OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF NORTH FONTANA INVESTMENT COMPANY, LLC A DELAWARE LIMITED LIABILITY COMPANY IN DECEMBER, 2016. 1 HEREBY STATE THAT ALL THE MONUMENTS SHOWN HEREON ARE OF THE CHARACTER AND OCCUPY

THE POSITIONS INDICATED, OR WILL BE SET IN SUCH POSITIONS WITHIN ONE YEAR OF MAP RECORDATION, AND THAT THE MONUMENTS ARE, OR WILL BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP.

DATED:
7-
BY: No. 7635
ANTHONY HARO P. L. S. 7635 (( fE' p. 12- 31- 2018
REGISTRATION EXPIRES 12/ 31/ 2018.

CITY ENGINEER' S STATEMENT:

TONIA LEWIS

CITY CLERK, CITY OF FONTANA
0-61 U".\. -

ACQUAN A WARREN

MAYOR, CITY OF FONTANA

I HEREBY STATE THAT I HAVE EXAMINED THE ANNEXED MAP, THAT THE SUBDIVISION SHOWN HEREON IS

SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF AND THAT ALL OF THE PROVISIONS OF THE SUBDIVISION MAP ACT AND ARTICLES I THROUGH III, CHAPTER 26, CODE OF THE CITY OF FONTANA HAVE BEEN COMPLIED WITH AND i AM SATISFIED THAT THIS MAP TECHNICALLY CORRECT.

DATED:

Z BY:
v
RICARDO SANDOVAL, P. L.S. 7407
LICENSE EXPIRES 12/ 31/ 2019

CITY ENGINEER
C 51152
CIVIL
f OF CAL• F\
AUDITOR' S CERTIFICATE: - raws
TNe

I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF TI& OFFICE AS OF THIS DATE, THERE ARE NO LIENS

AGAINST THE REAL PROPERTY SHOWN UPON MAP FOR UNPAID STATE, COUNTY, MUNICIPAL, OR LOCAL TAXES j48+ SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS NOT YET PAYABLE ESTIMATED TO BE $ 110®1 000. 0
DATED:
i? 1018
cmiaw
OSCAR VALDEZ,^ AUDITOR- CONTROLLER/

TREASURER/ TAX COLLECTOR

COUNTY OF SAN BERNARDINO, RNIB
BY: 44DEPUTY
BOARD OF SUPERVISOR' S CERTIFICATE:

I HEREBY CERTIFY THAT A BOND IN THE SUM OF $ _ 1 r 41 l L o00' O°

HAS BEEN EXECUTED AND FILED

WITH THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, CONDITIONED UPON fHE PAYMENT OF ALL TAXES, TE, COUNTY. Njt CIPAL, OR LOCAL, AND ALL SPECIAL ASSESSMENTS, COLLECTED AS TAXES, WHICH AT THE TIME 0 NG OF i11F- ANNEXED- MAP WITH THE COUNTY RECORDER ARE A LIEN AGAINST SAID

PROPERTY, BUT NOT YET PAYABLE AND THAT THE SUBDIVIDER HAS FILED WITH ME A CERTIFICATE BY THE PROPER

OFFICER GIVING HIS ESTIMATE OF THE AMOUNT OF SAID TAXES AND SPECIAL ASSESSMENTS, AND SAID BOND IS HEREBY ACCEPTED.

DATED: - r111.015 LAURA H. WELCH, CLERK OF
THE BOARD- OF SUPERVISORS OF4& COUNTY OF SAN BERNARDINO tom.:, •
SAN BERNARDINO COUNTY RECORDER' S CERTIFICATE :

THIS MAP HAS BEEN FILED UNDER DOCUMENT NO. -
e

FILED THIS
I01*
DAY OF - Xu_ , 20 1 , AT 9.' S -q A. M.

IN BOOK 350 OF Aa 1_ AA5 , AT PAGE( Sl__33- 37
AT THE REQUEST OF 00-0-i- ® e- .. s,5 `
4 1 } ions
FEE IN THE AMOUNT OF $ 17. 47 0

BOB DUTTON

ASSESSOR - RECORDER

COUNTY OF SAN BERNARDINO
Recorded in Official Records,

SIGNED' -
County of San Bernardino
Dock 2018- 0248666
DEPUTY RECORDER 711012018 9: 59 AM
333
50 LOTS & LOTS " A",
104. 81 ACRES GROSS

6. 89 ACRES NET
B", " C"$ " D" & REMAINDER
MADOLE AND ASSOCIATES, INC.

TAN.

EF SHEET
P. L. S. - / / DUNCAN CANYON ROAD
4218 / _ / N89° 32' 57" E 2648. 40' - -
13 12 _ _ _ _ _
NORTH LINE OF SEC. 19 `\ ® TAN.
13 ' 18__-_-__ f-------- r- r' 1775. 36----------= -=` ®_ 18 1 - -
24 1 - -
j1318.88' 5 _ - _ - , 664. 6 , _ _ -- ss4.7s - -,,
1119
R. C. E.

NORTH LINE OF SEC. 19i
ELDER WAY j
i
1759
AGAVE AVENUE SEE SHEET 3
TRACT 19960 '% 00CR LL.

L_ _ w ®
rn
0 4 TRACT 19960- 2 i I N.i N a Z \®

VALLEY OAK LANE N I
a iR ° n 13 Ei - Q
LLJ
N89°37 46 E 1314. 96 {- rt - j
3c- 1
Q
o
LINE
TRACT NO. 19960
IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE Of CALIFORNIA.

BEING A SUBDIVISION OF THE REMAINDER LOT OF TRACT N0. 19960- 3 AS PER MAP FILED IN BOOK =, PAGES _ 213 THROUGH 3Z__ OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN SECTION 19, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO MERIDIAN ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF. 657. 48\ \ \ 657. 48 5 -
7 , y m- 1 WLLOW REMAINDER a ® W auspa - -- I a z STREET ___---- ( 91. 40 AC.) -_;.\. ' M z M - M Q TRACT 19960- 3 M f ``, ,---- N89° 36' 51" E
1 n \- pZ L- Jr
N89' 37 46 E
I X1313. 16
I f I a
I
L=- L656. 58 LJ - +'
1 SEE SHEET 4
w 656. 58 , 656458 o i.

BLUE IRIS STREET - w ,
J ° O
77mT- T1TT 1 _ T I o I 1 T - T T - T I I ++ I } SECTION LINE ( TYP.) M M Q
N
N
N89' 37° 4 E I
I"'
l71
I
Lli to
1 / i i
2637. 06' + -- o`
I r ®
15 L.._, I_ L I L LJ_ ... L - L _ L i =- -- - - - - -
655. 85'_ ORCHARD STREET - 655.$ 5 1325. 36' --
1 - - -
N89° 38
02n
E- -
C> ,. a 655` 67
i - i- 55. 67° - !'
3 l r
i
664. 00'
oo _
1 -
I ; N89° 37' 46" E- - - 1311. 34' "" - z SEC11ON LINE ( TYP.) ; °° I M
v
Q
Q . TRACT 19' 9600= 1. _ 1__ DATE PALM WAY N u0 ' I z l _ N89' 39' 1A z
M
I 1 -- TOPIARY LANE - "' (® .' ' '. 663. 94' z \ 5
1 600. 60' -- --_ I ---'--- ` ®' -
w -_-_-®
14 \
I$
N89° 40' 33" E 1309. 57' - - ; `, o I N :: D+ ry
N1 i N \ y
go
SECTION UNE ( IYP.) ( o c) re)
CD
1308. 12' - - . \
04: i- 1323. 43' " - - y
I z
6 13 ; 1 r----
I -- N89' 40' 33" E 2631. 55' - - - N89° 40' 12" E - -' W 663. 61'
N
SOUTH 1/ 2 OF THE S/ W 1/ 4 OF THE N/ W 1/ 4 o rn
m
06 u Q
OF FRACTIONAL SECTION 19, TOWNSHIP 1 NORTH, z
01 Lo RANGE 5 WEST, SAN BERNARDINO BASE AND to
MERIDIAN. r
cn

SOUTH LINE OF THE
I NORTH HALF OF SEC. 19 11 =' - N89° 42' 59" E 1321. 76' -~ ? C cl408. 45 -.------ c--------------, r, + U Q
10 r
1304. 53- - - e -'- - '- - - 1321. 41'
12 N89° 42' 59" E 2625. 94' 1 / cq - "
T. 1N. CASA GRANDE AVENUE Q '
CC m
Ull > TRACT 17438
Q ( M. B. 319/ 25- 29
MQNUM. E1E iQN SEES:
a

BEARING LENGTH
L1 N01° 10' 30" W 66. 45'
L2 N01° 01' 08" W 66.45'
L3 NOO°51' 46" W 66. 45'
L4 NOD°51' 46" W 112. 89'
L5 I
N00° 41' 121 112. 88'
657. 48\ \ \ 657. 48 5 -
7 , y m- 1 WLLOW REMAINDER a ® W auspa - -- I a z STREET ___---- ( 91. 40 AC.) -_;.\. ' M z M - M Q TRACT 19960- 3 M f ``, ,---- N89° 36' 51" E
1 n \- pZ L- Jr
N89' 37 46 E
I X1313. 16
I f I a
I
L=- L656. 58 LJ - +'
1 SEE SHEET 4
w 656. 58 , 656458 o i.

BLUE IRIS STREET - w ,
J ° O
77mT- T 1 _ TT1TI o I 1 T - T T - T I I ++ I } SECTION LINE ( TYP.) M M Q
N
N
N89' 37° 4 E I
I"'
l71
I
Lli to
1 / i i
2637. 06' + -- o`
I r ®
15 L.._, I_ L I L LJ_ ... L - L _ L i =- -- - - - - -
655. 85'_ ORCHARD STREET - 655.$ 5 1325. 36' --
1 - - -
N89° 38
02n
E- -
C> ,. a 655` 67
i - i- 55. 67° - !'
3 l r
i
664. 00'
oo _
1 -
I ; N89° 37' 46" E- - - 1311. 34' "" - z SEC11ON LINE ( TYP.) ; °° I M
v
Q
Q . TRACT 19' 9600= 1. _ 1__ DATE PALM WAY N u0 ' I z l _ N89' 39' 1A z
M
I 1 -- TOPIARY LANE - "' (® .' ' '. 663. 94' z \ 5
1 600. 60' -- --_ I ---'--- ` ®' -
w -_-_-®
14 \
I$
N89° 40' 33" E 1309. 57' - - ; `, o I N :: D+ ry
N1 i N \ y
go
SECTION UNE ( IYP.) ( o c) re)
CD
1308. 12' - - . \
04: i- 1323. 43' " - - y
I z
6 13 ; 1 r----
I -- N89' 40' 33" E 2631. 55' - - - N89° 40' 12" E - -' W 663. 61'
N
SOUTH 1/ 2 OF THE S/ W 1/ 4 OF THE N/ W 1/ 4 o rn
m
06 u Q
OF FRACTIONAL SECTION 19, TOWNSHIP 1 NORTH, z
01 Lo RANGE 5 WEST, SAN BERNARDINO BASE AND to
MERIDIAN. r
cn

SOUTH LINE OF THE
I NORTH HALF OF SEC. 19 11 =' - N89° 42' 59" E 1321. 76' -~ ? C cl408. 45 -.------ c--------------, r, + U Q
10 r
1304. 53- - - e -'- - '- - - 1321. 41'
12 N89° 42' 59" E 2625. 94' 1 / cq - "
T. 1N. CASA GRANDE AVENUE Q '
CC m
Ull > TRACT 17438
Q ( M. B. 319/ 25- 29
MQNUM. E1E iQN SEES:
a FD. 2" IP & BRASS CAP ( L. S. 4218); ACC AS NW COR OF SEC 19 PER R/ S 155/ 62.

FD. 2" IP & BRASS CAP ( R. C. E. 21759); ACC AS W 1/ 16 COR OF SEC 19 PER R/ S 155/ 62. 11 FD. 2" IP & BRASS CAP ( R. C.E. 21759); ACC AS N 1/ 4 COR OF SEC 19 PER R/ S 155/ 62. lJ FD. 2" IP & PLUG ( L.S. 5977); ACC AS CN 1/ 16 COR OF SEC 19 PER R/ S 155/ 62. 0 FD. 2" IP & PLUG ( L.S. 5977); ACC AS SW COR PAR 3 INSTR. 2005- 457363 ( 6/ 27/ 05) PER R/ S 155/ 62. 6 FD. 1" IP & PLUG ( L. S. 4337); ACC AS SW COR PAR 4 INSTR. 2005- 457363 ( 6/ 27/ 05) PER R/ S 155/ 62. 77 FD. 1" IP & TAG ( L.S. 3762); ACC AS SE COR. OF INSTR 2004- 157312 ( 3/ 5/ 04) PER R/ S 155/ 62.

FD. 2" IP & BRASS CAP ( R. C. E. 21759); ACC AS C 1/ 4 COR OF SEC 19 PER R/ S 155/ 62. 1328. 34'
N89° 36' 57" E
663. 93'

SCALE IN FEET
600 900 1
E9 FD. 2" IP & BRASS CAP ( R. C. E. 21759); ACC AS W 1/ 16 COR OF SEC 19 PER R/ S 155/ 62. 10 FD. 2" IP & BRASS CAP; ACC AS W 1/ 4 COR OF SEC 19 PER R/ S 155/ 62. 11 FD. 2" IP & BRASS CAP ( R. C.E. 21759); ACC AS SW COR OF INSTR 2004- 157312 ( 3/ 5/ 04) PER R/ S 155/ 62. 12 FD. 1" IP & TAG ( P. L.S. 7635); ACC AS C. L. INT. PER TRACT 17438, M. B. 319/ 25- 29. 13 FD. 2" IP & PLUG ( L. S. 5977); ACC AS SE COR PAR 4 INSTR. 2005- 457363 ( 6/ 27/ 05) PER R/ S 155/ 62.

SHEET 2 OF 5 SHEETS
AxEmmkiplovi

SURVEYORS NOTES
THE BEARING OF N01 ° 10' 30" W ALONG THE CENTERLINE

OF CITRUS AVENUE AS SHOWN ON RECORD OF
SURVEY, AS PER MAP FILED IN BOOK 155/ 62 RECORD

OF SURVEY, WAS USED AS THE BASIS OF BEARINGS
FOR THIS MAP.
1" I. P. 18" LONG TAGGED " P. L. S. 7635" TO BE SET FLUSH

AT ALL REAR LOT CORNERS AND ANGLE POINTS, UNLESS
SHOWN OTHERWISE. IN THE EVENT THAT THE TYPE
MONUMENT CANNOT BE SET, A TAG " P. L. S. 7635" WILL BE
AFFIXED IN CONCRETE, STONE OR METAL.

NAIL AND TAG " P. L. S. 7635" TO BE SET IN TOP OF CURB

ON THE PROLONGATION OF SIDE LOT LINES AT ALL FRONT
CORNERS.

EASEMENT TABLE
LTR.

SHOWN HEREON IS MEASURED AND RECORD DATA PER
1 150. 00' WIDE EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY, RIGHT OF WAY AND INGRESS RECORD OF SURVEY 155/ 62, OR DERIVED THEREFROM.

AND EGRESS FOR CONSTRUCTION OF ELECTRICAL LINES AND TOWERS; RECORDED 12/ 20/ 1937 ( 1243/ 433), O. R.

EXISTING EASEMENT, EXISTING INDICATES FOUND 1" IP & TAG ( PLS 7635) PER RECORD 17 DEED AND DEDICATION SYMBOL OF SURVEY 155/ 62; UNLESS NOTED OTHERWISE, LLL_LIJ INDICATES VEHICULAR ACCESS
INDICATES FOUND 1" IP & TAG ( PLS 7635) PER TRACT NO.

Q4
RESTRICTION 19960- 2, M. B. /.®- -; UNLESS NOTED OTHERWISE.

COMPANY, RIGHT OF WAY FOR CONSTRUCTION OF POLE LINE; RECORDED 8/ 24/ 1960 ( 5221/ 213), O. R.

INDICATES 1" I. P. 18" LONG TAGGED " P. L.S. 7635". TO
33 LOT NUMBER INDICATING ENTIRE BE SET FLUSH AT ALL STREET CENTERLINE

20. 00' WIDE EASEMENT IN FAVOR OF WEST SAN BERNARDINO COUNTY WATER DISTRICT; EASEMENT FOR WATER

LOT SHOWN ON MAP SHEET
INTERSECTIONS, B. C.' S AND E. C.' S UNLESS OTHERWISE
100. 00' WIDE EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA GAS COMPANY; EASEMENT FOR PUBLIC UTILITIES NOTED.
jj

LOT NUMBER INDICATING ENTIRE

80. 00' WIDE EASEMENT IN FAVOR OF METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA; RECORDED LOT IS NOT SHOWN ON MAP SHEET 2" I. P. 18" LONG TAGGED " P. L. S. 7635". TO BE SET AT

20. 00' WIDE EASEMENT IN FAVOR OF B. C. INVESTMENT CO.; RECORDED 10/ 18/ 1957 ( 4349/ 358), O. R.

ALL TRACT BOUNDARY CORNERS, UNLESS OTHERWISE
3638/ 59), O. R.

SHOWN.

THE BEARING OF N01 ° 10' 30" W ALONG THE CENTERLINE

OF CITRUS AVENUE AS SHOWN ON RECORD OF
SURVEY, AS PER MAP FILED IN BOOK 155/ 62 RECORD

OF SURVEY, WAS USED AS THE BASIS OF BEARINGS
FOR THIS MAP.
1" I. P. 18" LONG TAGGED " P. L. S. 7635" TO BE SET FLUSH

AT ALL REAR LOT CORNERS AND ANGLE POINTS, UNLESS
SHOWN OTHERWISE. IN THE EVENT THAT THE TYPE
MONUMENT CANNOT BE SET, A TAG " P. L. S. 7635" WILL BE
AFFIXED IN CONCRETE, STONE OR METAL.

NAIL AND TAG " P. L. S. 7635" TO BE SET IN TOP OF CURB

ON THE PROLONGATION OF SIDE LOT LINES AT ALL FRONT
CORNERS.

EASEMENT TABLE
LTR. DESCRIPTION
1 150. 00' WIDE EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY, RIGHT OF WAY AND INGRESS ACC AS NE COR PAR 3 INSTR. 2005- 457363 ( 6/ 27/ 05) PER R/ S 155/ 62.

AND EGRESS FOR CONSTRUCTION OF ELECTRICAL LINES AND TOWERS; RECORDED 12/ 20/ 1937 ( 1243/ 433), O. R. 2 100. 00' WIDE EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY, RIGHT OF WAY AND INGRESS 17 AND EGRESS FOR CONSTRUCTION OF ELECTRICAL LINES AND TOWERS; RECORDED 8/ 13/ 1941 ( 1484/ 481), O. R.

Q
100. 00' WIDE EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA GAS COMPANY AND SOUTH COUNTIES GAS 1" IP & TAG ( P. L. S. 7635) TO BE SET PER TRACT MAP NO. 19960- 2, M. B. / - COMPANY; RIGHT OF WAY FOR CONSTRUCTION OF A GAS PIPELINE; RECORDED 5/ 13/ 1959 ( 4818/ 18), O. R. 4Q
100. 00' WIDE EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA GAS COMPANY AND SOUTH COUNTIES GAS COMPANY, RIGHT OF WAY FOR CONSTRUCTION OF POLE LINE; RECORDED 8/ 24/ 1960 ( 5221/ 213), O. R.

20. 00' WIDE EASEMENT IN FAVOR OF WEST SAN BERNARDINO COUNTY WATER DISTRICT; EASEMENT FOR THE CONSTRUCTION OF A WATER PIPELINE; RECORDED 2/ 13/ 2003 ( 2003- 0095640), O. R.

20. 00' WIDE EASEMENT IN FAVOR OF WEST SAN BERNARDINO COUNTY WATER DISTRICT; EASEMENT FOR WATER PIPELINE CONSTRUCTION; RECORDED 2/ 13/ 2003 ( 2003- 0095642), O. R. 100. 00' WIDE EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA GAS COMPANY; EASEMENT FOR PUBLIC UTILITIES AND INCIDENTALS PURPOSES; RECORDED 7/ 29/ 1959 ( 4888/ 409). O. R.

80. 00' WIDE EASEMENT IN FAVOR OF METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA; RECORDED 2/ 27/ 1970 ( 7395/ 840), O. R.

20. 00' WIDE EASEMENT IN FAVOR OF B. C. INVESTMENT CO.; RECORDED 10/ 18/ 1957 ( 4349/ 358), O. R.

20. 00' WIDE EASEMENT IN FAVOR OF JAMES R. JOHNSON AND MILDRED E. JOHNSON; RECORDED 05/ 06/ 1955 3638/ 59), O. R.

20. 00' WIDE EASEMENT IN FAVOR OF WALTER G. STAFFORD AND VIOLET E. STAFFORD; RECORDED 05/ 06/ 1955 3638/ 63), O. R.

GRANT DEED TO SOUTHERN CALIFORNIA GAS COMPANY AND SOUTH COUNTIES GAS COMPANY OF CALIFORNIA; RECORDED 1/ 15/ 1960 ( 5032/ 276), O. R.

GRANT DEED TO SOUTHERN CALIFORNIA GAS COMPANY AND SOUTH COUNTIES GAS COMPANY OF CALIFORNIA; EASEMENT FOR CONSTRUCTION OF A GAS PIPELINE; RECORDED 7/ 20/ 1959 ( 4879/ 38), O. R.

SOUTHERN ( LLINESI SON RIGHT OF WAY EASEMENT RCONSTRUCTION OF ELECTRICAL TRANSMISSION AND TOWERS; RECORDED 11/ 13/ 937 ( 11239/ 332), ANY;
O. R
SOUTHERN CALIFORNIA EDISON COMPANY; RIGHT OF b; rAY EASEMENT FOR CONSTRUCTION OF ELECTRICAL TRANSMISSION LINES AND TOWERS; RECORDED 9/ 03/ 1940 ( 1433/ 86), O. R. 14 FD. 2" IP & PLUG ( L.S. 5977); ACC AS SE COR PAR 3 INSTR. 2005- 457363 ( 6/ 27/ 05) PER R/ S 155/ 62. 15 FD. 2" IP & PLUG ( L. S. 5977); ACC AS NE COR PAR 3 INSTR. 2005- 457363 ( 6/ 27/ 05) PER R/ S 155/ 62. 16 FD. 2" IP & PLUG ( L.S. 5977); ACC AS NE 1/ 16 COR OF SEC. 19 PER R/ S 155/ 62. 17 FD. 1" IP & TAG ( P. L. S. 7635); ACC PER R/ S 155/ 62. 18 1" IP & TAG ( P. L. S. 7635) TO BE SET PER TRACT MAP NO. 19960- 2, M. B. / - 334
50 LOTS & LOTS " A", " B", " C", " D" & REMAINDER
104.

6. 89
81 ACRES
ACRES
NET
GROSS TRACT NO, 19960
IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA.

MADOLE AND ASSOCIATES, INC. BEING A SUBDIVISION OF THE REMAINDER LOT OF TRACT NO. 19960- 3 AS PER MAP FILED IN BOOK & IQ , PAGES Z13 THROUGH OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN SECTION 19, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO MERIDIAN ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF. 1 e 1 ( N89' 32' 57" E 1775. 36'
NORTHERLY LINE OF SEC. 19, T . 1 N., R. S v., S. B. M. 870. 10; TRACT BOUNDARY oll
Z
s73 a4'

BEARING

78. 97' N0002' 56" W( R)
L2 32. 64' N44' 45' 01" E
p= 4°00' 00
L= 83.78" 105. 06'
W
R= 1200. 00'
E

38. 17' NO' 27' 03" W
L5
C1
NO' 27' 03" W
L6 26. 79'
N85°32' 57" E 274. 58
L7
R= 1200.00'
T= 41. 90' N89°3257" E
W 1 / 4
18 N89° 32' 57" E
L9
N89 °3257"E 4' 00' 00» L= 83.78'
R= 1200.00' T= 41.90
sa „
L11
L= 68.37'
N01° 01' 58" W( R) 198. 72'
f CL
3°09' 04»
N
L13 41. 00'
L= 65. 99'
N20' 3735" W
L15 13. 59'
LOT A
L40
R= 1146. 000'-
4 NO' 27' 03" W

CORNER OF
i
N2' 42' 01" E N2 ---- DUNCA CANYON ROAD r 4•o822 w( R)
i

0. 17 AC.)
3° 25' 05»
L41
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LLJ
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N85' 32 57 E 274. 58
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N89° 32' 57" E
I
C2
N89°32' 57" E 198. 72'
R= 1254. 00'
A= 4' 00'00" L= 87.55' CAP
54 a

60. 15'
3 9
3`51' 11"
40-40. 86'
R= 1136. 000'
m
o
C24
19 53. 28'

60.15' »

60.15 274. 59' L- 76.39' 4
0 W
N 40.04' 60.00' 60. 00' 38.68' C8 > C9
P9
C10 N85' 32' 57 E
G
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S L _ _ ;_ ;, _ N89' 32' 57" E 198. 72' i
4 00 00y
R= 1264. 00
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04 1 0 ^
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L42 S. F.) Z S. F.) z
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L11 p= 36° i8'J8"
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C4 26. 80' 60. 00' 60.00' 60.00' 60.00' 60. 00' 60. 00' 60.00' L10 C6 24 42 71, 6= 110° 00 SEE DETAIL A "
S
L7 Q
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438. 15' N79°32' 55
N89° 32 57 E 465. 28 , 3r
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CL o Q 0 C)
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L_ 251.32 494. 74' > oCt 00
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p_47 59' S1' L9 63. 00' 63. 00' 63<00' 63. 00' 63. 00' 63. 00' 63.00' 53. 74' I
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226. 18
3 3
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3 3 MS
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45 44 ® 43
0 N89. 32' 57" E
SCALE IN FEET ''- 9rj , oq q» o ( 5, 733 ( 5, 733
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N ( 5, 733 N { 5, 733 N ( 5, 733 ( 5, 733 ( 5, 733 ( 6, 143 Z J

87.12'
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N89°3257" E 509. 74' ( 5, 870 S. F®)
Z 63.00' 63. 00' 63. 00' 63.00' 63. 00' 63..00' 63. 00' 1 68. 74' N
rt

LINE TABLE
LINE# LENGTH BEARING
L1 78. 97' N0002' 56" W( R)
L2 32. 64' N44' 45' 01" E
L3 24. 33' N44' 45' 01' E
L4 38. 17' NO' 27' 03" W
L5 34. 00' NO' 27' 03" W
L6 26. 79' N46' 58' 46" W
L7 27. 13' N89' 32' 57" E
L8 27.13' N89° 32' 57" E
L9 27. 13' N89' 32' 57" E
L10 18. 48' N89°32' 57" E
L11 18. 19' N79' 32' 55" E
L12 21. 21 N45' 27' 03" W
L13 41. 00' NO' 27' 03" W
L14 28.99' N20' 3735" W
L15 13. 59' N9' 33' 00" E
L40 41. 00' NO' 27' 03" W
L41 13.22' N41 '42' 28" W
L42 15. 42' N46°58' 46" W
L43 11. 37' N46°58' 46" W
418. 57
65 1 66 1 67 1 68 1 69 1 70

CURVE TABLE
CURVE# DELTA RADIUS LENGTH TANGENT
C1 0' 24' 07" 1200. 00' 8.42' 4. 21'
C2 0' 24' 07" 1254. 00' 8. 80' 4. 40'
C3 4' 49' 23" 266. 00' 22. 39' 11. 20'
C4 4' 18' 48" 330. 00' 24.84' 12. 43'
C5 7°24' 02" 256. 00' 33. 07' 16. 56'
C6 10° 00' 02" 100. 00' 17. 45' 8. 75'
C7 10' 00' 03" 100. 00' 17. 45' 8.75'
C8 0' 57' 59" 1264. 00' 21. 32' 10. 66'
C9 2' 43' 20" 1264. 00' 60. 06' 30. 03'
C10 0°18' 41" 1264. 00' 6. 87' 3. 43'
C24 0' 12' 47" 1264.00' 4. 70' 2. 35'
SEE SHEET 2 FOR BASIS OF

BEARINGS, LEGEND, EASEMENT TABLE,

MONUMENTATION NOTES AND
SURVEYOR' S NOTES.
51 LANDSCAPE
1®'
LOT „ A ,
9 N84° 43' 34" E( R)
W
N82' 08' 55" E( R)
J ----
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N4' 45' 511" W( R)
z
TRACT C4

BOUNDARY

AGAVE AVENUE
nt:T® 11 " All
NTS
9 91. 71
30'
N89' 32' 57" E

91. 00'
14 5, 915 S. F.)
to
550

91. 00'

91. 17'
o
9 3Q
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N89° 32' 57" E 91. 97'
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91. 44'
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91. 00'
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to
550

91. 00'
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5, 506 S. F.)
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91. 00'
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91. 00'
15 5, 9i 5 S. F.) to
N89' 32' 57" E

91. 00'
16 Y'
o_
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0 z
130'
0 SHEET 3 OF 5 SHEETS
34'
I
0 DECEMBER 2016
3 221. 81'
J
65'
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68'
19 34'
0 DECEMBER 2016
3 221. 81'
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O
0 z
335
50 LOTS & LOTS " A", " B", " C", " D" & REMAINDER
104. 81 ACRES GROSS

6. 89 ACRES NET
MADOLE AND ASSOCIATES, INC.

SEE SHEET 2 FOR BASIS OF

BEARINGS, LEGEND, EASEMENT

TABLE, MONUMENTATION NOTES
AND SURVEYOR' S NOTES.
o--- L44
bil
tf')
O
00 n
L46 4-
TRACT NO. 19960
IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA.

BEING A SUBDIVISION OF THE REMAINDER LOT OF TRACT N0, 19960- 3 AS PER MAP FILED IN BOOK 0, PAGES 21D THROUGH 3Z_ OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN SECTION 19, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO MERIDIAN ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF.

SEE SHEET 3
a

25.00' 7
J
L45

REMAINDER
DETAIL ""
NTS
11 hil
131. 00' -' 1,-
N89°32' 57" E 167. 00' - 1

RED WILLOW
STREET
DETAIL " C"
NTS
57 0
59 ZZ
63 64
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L34 '' \' Ci8 91 ' _
a N89' 18' 49 " E 90. 63'
9a
LOT
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D" ,
N3' 26' 42--

0. 07 AC.) REMAINDER
SEE SHEET 2
L36i
N56_ 40' 59" W( R) l
N51' 38' 28" W( R) L--------
SHEET 4 OF 5 SHEETS
DECEMBER 2016
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LINE TABLE LINE TABLE LINE TABLE
LO
LINE# BEARING LENGTH LINE# BEARING LENGTH LINE# BEARING LENGTH I Q
L16 N48' 27' 49" W 11. 96' L26 N45°27' 03" W 24.24' L36 N89°40' 33" E 29. 23' Li717 N48 27 49 W 14. 95 L27 N47' 33 43 E 14. 95 L37 N89' 40 33 E 16. 86 to NOM LAJ
L18 N48' 27' 49" W 26. 91' L28 N47°33' 43" E 11. 96' L38 N00' 27' 03" W 24.48' co N L19 N44° 32' 57" E 32. 53' L29 N47' 33' 43" E 26. 91' L39 N08' 54' 27" E 8. 32' M
L20 N44' 32' 57" E 24.24' L30 N44°25' 53" E 24.20' L44 N89' 32' 57" E 34. 00' L31 1 0
Z
I
L21 N89°32' 57" E 64. 97' N44' 25' 53" E 3246' L45 N00°27' 03" W 0.47' L22 N89' 32' 57" E 58. 00' L32 N18° 33' 50" W 17. 34' L46 N89° 32' 57" E 34. 00' CL L23 N89' 32' 57" E 62.00' L33 N27' 14' 08" E 13. 16' L47 N89' 32' 57E 2. 00' e
V
on
v
IN FEET in
L24 N8932' 57" E 68. 97' L34 N80° 41' 09" W 42. 01' L49 S68' 00' 35" E 10. 82' 0 SCALE
50 100 150 200 x J
L25 N45°27' 03" W 32. 53 L35 N89' 40' 33" E 12. 37' 7 9 10'
LLJ

CURVE TABLE CURVE
TABLEi
2Q
CURVE# DELTA RADIUS LENGTH TANGENT CURVE# DELTA. RADIUS LENGTH TANGENT Zoi C11
r »
0' 45 41
r
528. 00
r

7. 02
f

3. 51 C18
f »
10' 00 02
a
100. 00
f

17. 45
r

8. 75
C12 1' 22' 17" 100. 00' 2. 39' 1. 20' C, 9 i 5°
5655n

50. 00 13.
92f r

7. 00
LO
C13 11 °39' 43" 100. 00' 20. 35' 10. 21' C20 68°12' 38" 50. 00' 59. 52' 33. 86' LO 21 r
o
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C14 13' 02' 00" 100. 00' 22. 74' 11. 42' C21 1 ° 23' 23" 100. 00' 2. 43' 1. 21' W 6 L17 ? o
C15 2°16' 48" 50. 00' 1. 99' 0. 99' C22 20°48' 15" 100. 00' 36. 31' 18. 36' 8 L21 0
z
C16 46' 0852" 50.00' 40. 28' 21. 30' C23 22°11' 37" 100. 00' 38.74' 19. 61' L22 C17 RED WILLOW STREET 4.07' 53" 90. 00' 6. 49' 3.25'
57 0
59 ZZ
63 64
v
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0 44a
L34 '' \' Ci8 91 ' _
a N89' 18' 49 " E 90. 63'
9a
LOT
s'
D" ,
N3' 26' 42--

0. 07 AC.) REMAINDER
SEE SHEET 2
L36i
N56_ 40' 59" W( R) l
N51' 38' 28" W( R) L--------
SHEET 4 OF 5 SHEETS
DECEMBER 2016
LO
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336
50 LOTS & LOTS " A", " B", " C", " D" & REMAINDER
104. 81 ACRES GROSS

6. 89 ACRES NET
MADOLE AND ASSOCIATES, INC.

TRACT NO,. 19960
IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA.

BEING A SUBDIVISION OF THE REMAINDER LOT OF TRACT N0. 19960- 3 AS PER MAP FILED IN BOOK 3-6-0, PAGES ?$_ THROUGH 3Z_ OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN SECTION 19, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO MERIDIAN ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF.

SIGNATURE OMISSIONS®
PURSUANT TO THE PROVISIONS OF SECTION 66436 OF THE SUBDIVISION MAP ACT, THE FOLLOWING SIGNATURES HAVE BEEN OMITTED:

1. UNITED STATES OF AMERICA, HOLDER OF AN EASEMENT FOR RIGHT OF WAY FOR DITCHES AND CANALS, RECORDED DECEMBER 7, 1900 IN BOOK ' F" OF PATENTS, PAGE 365. CANNOT BE PLOTTED FROM RECORD.

2. JAMES R. JOHNSON AND MILDRED E. JOHNSON, HOLDERS OF AN EASEMENT FOR INGRESS, EGRESS AND INCIDENTAL PURPOSES, RECORDED MAY 6, 1955 IN BOOK 3638, PAGE 59, O. R.

3. WALTER G. STAFFORD AND VIOLET E. STAFFORD, HOLDERS OF AN EASEMENT FOR INGRESS, EGRESS AND INCIDENTAL PURPOSES, RECORDED MAY 6, 1955 IN BOOK 3638, PAGE 63, O. R.

4. B. C. INVESTMENT CO., LTD., HOLDER OF AN EASEMENT FOR INGRESS, EGRESS AND INCIDENTAL PURPOSES, RECORDED OCTOBER 18, 1957 IN BOOK 4349, PAGE 358, O. R.

5. WEST SAN BERNARDINO COUNTY WATER DISTRICT, HOLDER OF AN EASEMENT FOR CONSTRUCTION, INSTALLATION, MAINTENANCE, REPLACEMENT AND REMOVAL OF A WATER PIPE LINE SYSTEM AND INCIDENTAL PURPOSES, RECORDED FEBRUARY 13, 2003 AS INSTRUMENT No. 2003- 095640, O. R.

6. WEST SAN BERNARDINO COUNTY WATER DISTRICT, HOLDER OF AN EASEMENT FOR CONSTRUCTION, INSTALLATION, MAINTENANCE, REPLACEMENT AND REMOVAL OF A WATER PIPE LINE SYSTEM AND INCIDENTAL PURPOSES, RECORDED FEBRUARY 13, 2003 AS INSTRUMENT No. 2003- 095642, O. R.

7. AS RESERVED IN DEED FROM JAMES R. JOHNSON AND MILDRED E. JOHNSON TO A.K. BERRY AND ELIZABETH H. BERRY, ONE— HALF INTEREST IN AND TO ALL OIL, MINERALS, ASPHALTUM AND HYDRO—CARBON SUBSTANCES LYING BELOW THE DEPTH OF 500 FEET FROM THE SURFACE OF SAID LAND, RECORDED NOVEMBER 25, 1957 IN BOOK 4376 AT PAGE 205, O. R.

SHEET 5 OF 5 SHEETS
337
60 LOTS & LOTS " A", " B", " C" & REMAINDER

76. 23 ACRES GROSS TRACT NO, 19961

9. 23 ACRES NET IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA.

MADOLE AND ASSOCIATES, INC. BEING A SUBDIVISION OF THE REMAINDER LOT OF TRACT NO. 19961- 1 AS PER MAP FILED IN BOOK , PAGES THROUGH YL OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN SECTION 19, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO MERIDIAN ACCORDING TO THE OFFICIAL GOVERNMENT PIAT THEREOF.

OWNER' S STATEMENT:

WE HEREBY STATE THAT WE ARE ALL AND THE ONLY PARTIES HAVING ANY RECORD TITLE INTEREST IN THE LAND SUBDIVIDED AS SHOWN ON THE ANNEXED MAP AND WE HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF THIS FINAL MAP.

THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT TO THE CITY OF FONTANA FOR PUBLIC PURPOSES:

DUNCAN CANYON ROAD, CYPRESS AVENUE, CEDAR VIEW LANE, APPLEWOOD AVENUE, AMBROSIA LANE, RED WILLOW STREET, AND TIMBERLAND LANE, FOR STREET, HIGHWAY AND PUBLIC UTILITY PURPOSES, AS SHOWN ON SAID MAP, WITHIN SAID SUBDIVISION.

THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED IN FEE TO THE CITY OF FONTANA:

LOTS " A" THROUGH " C" FOR LANDSCAPE PURPOSES.

WE ALSO HEREBY DEDICATE TO THE CITY OF FONTANA, ALL RIGHTS OF VEHICULAR ACCESS TO OR EGRESS FROM:

GARDEN STREET, EXCEPT AS SHOWN.

LENNAR HOMES OF CALIFORNIA, INC., A CALIFORNIA CORPORATION BY: qc- ® c ----
NAME: 5eb S/ 4 1 T -r+
ITS: Vice Vote S`
NORTH FONTANA INVESjMEN1C 0 ^PAY, tl_C A DELAWARE LIMITED LIABILITY COMPANY TIM
NOTARY ACKNOWLEDGMENT:

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED; AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF

APPEARED
SS

ME, / / A NOTARY PUBLIC, PERSONALLY

N AND TITLE OF THE OFFICER)

WHO PROVED TO ME ON THE

E OF ( PERSON SIGNING)
BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON( 51 WHOSE NAMEQS) IS/ ARE SUBSCRIBED TO THE WITHIN THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/ S* hTHEY EXECUTED THE SAME IN NIS/ HER74HHR AUTHORIZED CAPACITY( A AND THAT BY HIS/ HEt if';BIR

SIGNATURE( ON THE INSTRUMENT THE PERSONM OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(Z) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND AND OFFICIAL SEAL.

SIGNATURE
PRINT
COMMISSION No.:

COMMISSION EXPIRES.

PRINCIPAL PLACE OF BUSINESS:

NOTARY ACKNOWLEDGMENT:

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF

COUNTY OF

NAME AND TITLE OF THE

APPEARED ITMMOO&W WHO PROVED TO ME ON THE

NAME OF PERSON SIGNING)

BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON( S) WHOSE NAME( S) IS/ ARE SUBSCRIBED TO THE WITHIN THE WITHIN INSTRUMENT AND

ACKNOWLEDGED TO ME THAT HE/ SHE/ THEY EXECUTED THE SAME IN HIS/ HER/ THEIR AUTHORIZED CAPACITY( IES) AND THAT BY HIS/ HER/ THEIR

SIGNATURE( S) ON THE INSTRUMENT THE PERSON( S) OR THE ENTITY UPON BEHALF OF WHICH THE PERSON( S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND AND OFFICIAL SEAL,
PRINT
COMMISSION No.:

COMMISSION EXPIRES:

PRINCIPAL PLACE OF
BENEFICIARY:

NORTH FONTANA INVESTMENT COMPANY, LLC, A DELAWARE LIMITED LIABILITY COMPANY, BENEFICIARY UNDER DEED OF TRUST RECORDED OCTOBER 3, 2017, AS INSTRUMENT NO. 2017- 0407703, O. R. AND BENEFICIARY UNDER DEED OF TRUST RECORDED OCTOBER 3, 2017, AS INSTRUMENT NO. 2013- 040770 ., -
L '
SIGNATURE: PRINT NAME: ji A 1 L. [ 7Dd%M
L^
n
TITLE:

NOTARY KNOWLEDGMENT:

FNOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE CUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF

COUNTY OF
ON

APPEARED
I,

BEFORE ME, NOTARY PUBLIC, PERSONALLY

NAME AND TITLE OF THE OFFICER)

WHO PROVED TO ME ON THE BASIS OF
v ( NAME OF PERSON SIGNING)

SATISFACTORY EVIDENCE TO BE THE PERSON( S) WHOSE NAME( S) IS/ ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME

THAT HE/ SHE/ THEY EXECUTED THE SAME IN HIS/ HER/ THEIR AUTHORIZED CAPACITY( IES) AND THAT BY HIS/ HER/ THEIR SIGNATURE( S) ON THE INSTRUMENT THE PERSON( S) OR THE ENTITY UPON BEHALF OF WHICH THE PERSON( S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY
COMMISSION EXPIRES:

PRINCIPAL PLACE OF
BENEFICIARY:

WELLS FARGO BANK, N. A., A NATIONAL BANKING ASSOCIATION, BENEFICIARY UNDER DEED OF TRUST RECORDED JUNE 25, 2004, AS INSTRUMENT NO. 2004- 0453805, O. R. AND DOCUMENT LAST MODIFIED AND RECORDED SEPTE BER 29 2017 AS INSTRUMENT NO. 2Ot7- 0404 O. R.

TRAIURR` I 2G, ZO118 Z019 - 0029495
SIGNATURE: PRINT NAME: ! • /
TITLE: ® via .. S'1
NOTARY ACKNOWLEDGMENT:

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. r_ e _

STATE OF

COUNTY OF I SS
ON Iftifln I BEFORE ME, , $ (& VIS A NOTARY PUBLIC, PERSONALLY

ATE) ( NAME AND TITLE OF THE OFFICER)
APPEARED OP hV7% R ` WI WHO PROVED TO ME ON THE BASIS OF

NAME OF PERSON SIGNING)

SATISFACTORY EVIDENCE TO BE THE PERSON( S) WHOSE NAME( S) IS/ ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME

THAT HE/ SHE/ THEY EXECUTED THE SAME IN HIS/ HER/ THEIR AUTHORIZED CAPACITY( IES) AND THAT BY NIS/ HER/ THEIR SIGNATURE( S) ON THE INSTRUMENT THE PERSON( S) OR THE ENTITY UPON BEHALF OF WHICH THE PERSON( S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND AND OFFICIAL SEAL.

COMMISSION No.: al ID I t
t D
COMMISSION EXPIRES: 0
PRINCIPAL PLACE OF BUSINESS:

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS

OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF NORTH FONTANA INVESTMENT COMPANY, LLC A DELAWARE LIMITED LIABILITY COMPANY IN DECEMBER, 2016. 1 HEREBY STATE THAT ALL THE MONUMENTS SHOWN HEREON ARE OF THE CHARACTER AND OCCUPY

THE POSITIONS INDICATED, OR WILL BE SET IN SUCH POSITIONS WITHIN ONE YEAR OF MAP RECORDATION, AND THAT THE MONUMENTS ARE, OR WILL BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP.

Exp:

DATED: BY: No. 7635
ANTHONY HARO P. L.S. 7635
REGISTRATION EXPIRES 12/ 31/ 2018.
12- 31- 2018
SHEET 1 OF 5 SHEETS
JANUARY 2017
CITY OFFICIAL' S STATEMENT:

AT THE REGULAR MEETING 0 THE CITY COUNCIL OF THE CITY OF FONTANA, STATE OF CALIFORNIA, HELD ON THE a"" DAY OF , 20jj - , SAID CITY COUNCIL ACCEPTED ON BEHALF OF THE CITY OF FONTANA THE ANNEXED MAP OF TRACT NO. 19961 AND ACCEPTED THE FOREGOING DEDICATIONS IN ACCORDANCE WITH CITY OF FONTANA STANDARDS.

THIS PROCEDURE IS THE TRUE AND COMPLETE PROCEDURE APPROVED BY THE C COUNCIL ON THE ai DAY OF , 20.x_

MIN JFF
TOft LEWIS
CITY CLERK. CITY OF FONTANA
ATTEST:

OAOW04i

TONIA LEWIS

CITY CLERK, CITY OF FONTANA
I __ A""
ACQUAREfflIARREN
MAYOR, CITY` jbF FONTANA
CITY ENGINEER' S STATEMENT:

I HEREBY STATE THAT I HAVE EXAMINED THE ANNEXED MAP, THAT THE SUBDIVISION SHOWN HEREON IS

SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF AND THAT ALL OF THE PROVISIONS OF THE SUBDIVISION MAP ACT AND ARTICLES I THROUGH 111, CHAPTER 26, CODE OF THE CITY OF FONTANA HAVE BEEN COMPLIED WITH AND I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT.

DATED: •
g ®
BY:

RICARDO SANDOVAL, . L. S. 7407
LICENSE EXPIRES 12/ 31/ 2019

CITY ENGINEER
A
C 51152 f
AUDITORS CERTIFICATE:

I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF fHM OFFICE, AS OF THIS DATE, THERE ARE NO LIENS

AGAINST THE REAL PROPERTY SHOWN UPON MAP FOR UNPAID STATE, COUNTY, MUNICIPAL, OR LOCAL

TAXES, BR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS, NOT YET PAYABLE, ESTIMATED TO BE ; I I Ni 1, 000• o®
DATED:
coDt-AN
OSCAR VALDEZ; AUDITOR - CONTROLLER/

TREASURER/ TAX COLLECTOR
COUNTY OF SAN BERNARDINO,- 6AHF9RNIA.

BOARD OF SUPERVISOR' S CERTIFICATE:

I HEREBY CERTIFY THAT A BOND IN THE SUM OF 114- 11, 000' pO

HAS BEEN EXECUTED AND FILED

WITH THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, CONDITIONED UPON PAYMENT OF ALL TAXES, S TE, COUNT Y i NI IPAI, _ OR LOCAL, AND ALL SPECIAL ASSESSMENTS, COLLECTED AS

TAXES, WHICH AT THE TIME C NG OF AP WITH THE COUNTY RECORDER ARE A LIEN AGAINST SAID

PROPERTY, BUT NOT YET PAYABLE AND THAT THE SUBDIVIDER HAS FILED WITH ME A CERTIFICATE BY THE PROPER OFFICER G114NG HIS ESTIMATE OF THE AMOUNT OF SAID TAXES AND SPECIAL ASSESSMENTS, AND SAID BOND IS HEREBY ACCEPTED.

DATED: - Ag-120%
LAURA H. WELCH, CLERK OF
THE BOARD OF SUPERVISORS - @F
4+fE• COUNTY OF SAN BERNARDINO
c •

SAN BERNARDINO COUNTY RECORDER' S CERTIFICATE
THIS MAP HAS BEEN FILED UNDER DOCUMENT N0.® r8- O SD65r , FILED THIS J B DAY OFL&te, 20__! , AT-./
IN BOOK 340 OF A ,
j , AT PAGE( S) q 3 - t/7 ,
AT THE REQUEST OF Dr)r'_td h+ prorg- ss; 6& 561u4-; 6va5 FEE IN THE AMOUNT OF # •

BOB DUTTON

ASSESSOR - RECORDER

COUNTY OF SAN BERNARDINO
Recorded in Official Records,
SIGNED: County of San Bernardino

DEPUTY RECORDER
Doc#: 2018- 0250648
7111/ 2018 10: 26 AM
338
60 LOTS & LOTS " A", "
Baa, "
C" & REMAINDER SHEET 2 OF 5 SHEETS

76. 23 ACRES GROSS TRACT NO, 19961

9. 23 ACRES NET IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA.

JANUARY 2017
MADOLE AND ASSOCIATES, INC. BEING A SUBDIVISION OF THE REMAINDER LOT OF TRACT NO. 19961- 1 AS PER MAP FILED IN BOOK 350, PAGES -!' E-3 THROUGH qZ- OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN SECTION 19, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO MERIDIAN ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF.

T. 1N.
m
StJ_RVEYOR S N® TES
3i 13+18 SEESURVEY PROCEDURE SHEET SHOWN HEREON IS MEASURED AND RECORD DATA PER 2 DUNCAN CANYON ROAD SHEET 3 RECORD OF SURVEY 155/ 62, OR DERIVED THEREFROM.

P. L. S.
4218 _ _ / / / / N89° 32' 57" E 2648. 40'- - A INDICATES FOUND 1" IP & TAG ( PLS 7635) PER RECORD NORTH LINE OF SEC. 19 rm
r- 7 - - - TAN. EXISTING EASEMENT, EXISTING
I -` 0 18

DEED AND DEDICATION SYMBOL
OF SURVEY 155/ 62; UNLESS NOTED OTHERWISE.
7__ 318. 88' S
Imo.+_ __' . -
664 6' I ` 11 - -
664.76 a _
r ! cr_
R.
19 E. 24,' 19 ELDER WAYS( I 6 \ _ I
FLAX WAY ° 4 5 ° 175
I 2 / AGAVE AVENUE CEDAR VIEW LANE +
1 \ i -- 1 F_
T ! 1 ° SEE y
TRACT 19960 => I ! r ! L LL -) - a----
w SHEET T 77-7-rT-7 1 Q I Z I
4 TRACT 19960= 2 L1 i_/ 0011--{ - 1 u
I °
I z
4 3 //\ VALLEY OAK LANE (-- Q AMBROSIA LANE- Q ° ! W
LLj
F- I` COURT `` 3

UNE BEARING LENGTH
L1 N0110' 30" W 66. 45'
L2 N01° 01' 08" W 66. 45'
L3 N00' 51' 46" W 66. 45'
L4 N00' 51' 46" W 112. 89'
L5 NQO°41' 12" W 112. 88'
A INDICATES FOUND 1" IP & TAG ( PLS 7635) PER TRACT NO.

L- LJWJ INDICATES VEHICULAR ACCESS 19961- 1, M. B. 3901 -16 --AL; UNLESS NOTED OTHERWISE.

RESTRICTION
INDICATES FOUND 1" IP & TAG ( PLS 7635) PER TRACT NO.

LOT NUMBER INDICATING ENTIRE 19960, M. B. /, 3= 3; UNLESS NOTED OTHERWISE. 33 LOT SHOWN ON MAP SHEET O INDICATES 1" I. P. 18" LONG TAGGED " P. L. S. 7635". TO

BE SET FLUSH AT ALL STREET CENTERLINE
33 LOT NUMBER INDICATING ENTIRE
INTERSECTIONS, B. C.' S AND E. C.' S UNLESS OTHERWISE

LOT IS NOT SHOWN ON MAP SHEET
NOTED.
fi If ;' { ! m( '- i- 1
2" I. P. 18" LONG TAGGED " P. L.S. 7635". TO BE SET AT
j- ( i- a 1 ! ! t BASIS OF BEARtNGS 5

ACT BOUNDARY CORNERS, UNLESS OTHERWISE
XIP \ N89 37' 46" E 1314. 96' (- w rt "' ` 3 -{
I - ` t
T -- C TRACT 19961- 1 - - - !
657. 48' '
10 - w ' F - ( { - - - - i- - i I ' I
THE BEARING 0
30 W ALONG THE
v\ \ \/ 657. 48 m
1" I. P. 18" LONG TAGGED " P. L. S. 7635" TO BE SET FLUSH I -
y _ _ _ _ a
a_
i ! TRACT 19961 ! I CENTERLINE 0 R AVENUE AS SHOWN ON

AT ALL REAR LOT CORNERS AND ANGLE POINTS, UNLESS
Q -
c:, RECORD OF SURVEY AS PER MAP FILED IN
Tai I m z
I ! I M ! a 1 SHOWN OTHERWISE. IN THE EVENT THAT THE TYPE o = TRACT 19960- 3 RED WILLOW LANE -
I , (,'__
N89' 36' S1" E 1328. 34' ----, 17
BOOK 155/ 62 RECORD OF SURVEY, WAS USED MONUMENT CANNOT BE SET, A TAG P. L. S. 7635 WILL BE Z O
AS THE BASIS OF BEARINGS FOR THIS MAP.

AFFIXED IN CONCRETE, STONE OR METAL.

I - N8937 `
I _ Q _
0313.16' -
1 I - -{- I ; I 17 V)
o _ _ - - 1 _) _ NAIL AND TAG " P. L. S. 7635" TO BE SET IN TOP OF CURB FTI I / - `
I ® 65fii 8'_T U - I
I ! W 656. 5 , - 4 w REMAINDER ON THE PROLONGATION OF SIDE LOT LINES AT ALL FRONT LLI! REMAI DE M m n BLUE IRIS- :- 1- STREET N { -
I-- I
wTi CO I C o C? CORNERS. T IT I - T slit t°- 177 T -T I I , C T
BE RLAA LANE i M I /+ ( 61 ° 97 AC,)
N.
qr."'
NSiQ. 7' dii ' II a I I
I Ii
t "' 1 ,'
J /
i i 12637. OV j ` . s
l v 15 n
I z
s -
655- 85'-
I = 6585 M - - - - - 1 ` . 6 - ORCHARD - STREET _ 1325. 36 j N89° 38' 02" E " ' N89° 36 57 E o ¢ 655.67' t "-
im'
655. 67' -` ,' j3 GRASSLAND AVENUE I
I ' 664. 00 663. 93
rr"'{ _ I ° N89°3746" E_ _ 1311. 34' --'
N I NOTE: THE j o
I
r I
U a ® L _TRACT 19960- 1 N
I, CEiVTERLINE OF j
rn
I" _ DATE PALM WAY «; a I N89° 39' 13" E _ mz
ri{I L - TOPIARY LANE663.94'_---
I , '?- T i I _
600. so - I

D CYPRESS AVENUE
l - 1J _l J DEVIATES EASTERLY' ' 14
co----
N89' 40' 33" E 1309. 57' ` ROi I THE SECTION I { c'' ` w- `° D" +
z _ .
o o
w
N \ LINE IN THIS AREA. M
i $ z
M =;- t2
00_ CN <
o =
c W
1308. 12' - - " ` -'- 1323. 43 `" i' © I 13 -
Q
Z ~
o w ii
t- -
a n w =' 8p
Eco
N89. 40' 33" E 2631. 55' -`-' - - r- N89° 40' 12" E --- - O - Q
0 ¢ ¢
1 , t 663. 61' W_
co o U w
j
z
17 SEE (DETAIL " A#' I °° --
SOUTH 1/ 2 OF THE S/ W 1/ 4 OF THE N/ W 1/ 4 0 1 ' r
DER I ® ° O
REMAIN
OF FRACTIONAL SECTION 19, TOWNSHIP 1 NORTH,
z "' HEREON i "'
15 REON • ^ -,
RANGE 5 WEST, SAN BERNARDINO BASE AND 1 a
I MERIDIAN. uj
SOUTH LINE OF THE ,` _ " 7 i SEE
I '`-' o ®
i NORTH HALF OF SEC. 19 it 4
N89°42 59 E 1321. 76 - - - - `
1 `_ DETAIL I b O I W cra
w r a c
17 408.45' - - - --• -- - -- - - - - , i2IF 1
i J
amore
1 U -
14 T. 1 N. 1Q - 1304. 53 - --- - .

T_ -
1321. 41' J - - i
v _ SHEET 4
Jz
3 24119
112 N89' 42' 59" E ® 2625. 94' L/
o
OR
P. L.S.

CASA GRANDE AVENUE CD
4218 > I TRACT 17438
o 4 I M. B. 319/ 25- 29
1 I FD. 2" IP BRASS CAP ( L.S. 4218); ACC AS NW COR OF SEC 19 PER R/ S 155/ 62.

FD. 2" IP & BRASS CAP ( R. C. E. 21759); AGC AS W 1/ 16 COR OF SEC 19 PER R/ S 155/ 62. 3 FD. 2" IP & BRASS CAP ( R. C. E. 21759); ACC AS N 1/ 4 COR OF SEC 19 PER R/ S 155/ 62.

FD. 2" IP & PLUG ( L. S. 5977); ACC AS CN 1/ 16 COR OF SEC 19 PER R/ S 155/ 62.

FD. 2" IP & PLUG ( L. S. 5977); ACC AS SW GOR PAR 3 INSTR. 2005- 457363 ( 6/ 27/ 05) PER R/ S 155/ 62.

FD. 1" IP & PLUG ( L. S. 4337); ACC AS SW COR PAR 4 INSTR. 2005- 457363 ( 6/ 27/ 05) PER R/ S 155/ 62. 0 FD. 1" IP & TAG ( L.S. 3762); ACC AS SE COR. OF INSTR 2004- 157312 ( 3/ 5/ 04) PER R/ S 155/ 62.

FD. 2" IP & BRASS CAP ( R. C. E. 21759); ACC AS C 1/ 4 COR OF SEC 19 PER R/ S 155/ 62.

TAN.

C 1/ 4
19 R. C. E.
1759

SCALE IN FEET
600 900
9 Co
C)
IP & BRASS CAP ( R. C. E. 21759); ACC AS W 1/ 16 COR OF SEC 19 PER R/ S 155/ 62. 13 FD. 2"
11 FD. 2" IP & BRASS CAP ( R. C. E. 21759); ACC AS SW COR OF INSTR 2004- 157312 ( 3/ 5/ 04) PER R/ S 155/ 62.

FD. 1" IP & TAG ( P. L. S. 7635); AGC AS C. L. INT. PER TRACT 17438, M. B. 319/ 25- 29. 13 FD. 2" IP & PLUG ( L. S. 5977); ACC AS SE COR PAR 4 INSTR. 2005- 457363 ( 6/ 27/ 05) PER R/ S 155/ 62. z
O
FD. 2"
OR
3 N
w
w
U W
5/ 13/ 1959 ( 4818/ 18), O. R.
4 00 -
o
Uro
000Q ZQ
COUNTIES GAS COMPANY, RIGHT OF WAY FOR CONSTRUCTION OF POLE LINE; RECORDED 8/ 24/ 1960 ( 5221/ 213), O. R.
fl

20. 00' WIDE EASEMENT IN FAVOR OF WEST SAN BERNARDINO COUNTY WATER DISTRICT; EASEMENT FOR THE CONSTRUCTION OF A WATER PIPELINE; RECORDED 2/ 13/ 2003 ( 2003- 0095640), O. R.

20. 00' WIDE EASEMENT IN FAVOR OF WEST SAN BERNARDINO COUNTY WATER DISTRICT; EASEMENT FOR WATER PIPELINE CONSTRUCTION; RECORDED 2/ 13/ 2003 ( 2003-- 0095642), O. R. uj
oc=W
100. 00' WIDE EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA GAS COMPANY, EASEMENT FOR PUBLIC UTILITIES AND INCIDENTALS PURPOSES; RECORDED 7/ 29/ 1959 ( 4888/ 409). O. R. 1200
RECORDED 2/ 27/ 1970 ( 7395/ 840), O. R.

20. 00' WIDE EASEMENT IN FAVOR OF B. C. INVESTMENT CO.; RECORDED 10/ 18/ 1957 ( 4349/ 358), A"
O. R.

DETAIL
05/ 06/ 1955 ( 3638/ 59), O. R.
fl

20. 00' WIDE EASEMENT IN FAVOR OF WALTER G. STAFFORD AND VIOLET E. STAFFORD; RECORDED NTS
9 FD. 2" IP & BRASS CAP ( R. C. E. 21759); ACC AS W 1/ 16 COR OF SEC 19 PER R/ S 155/ 62. 10 FD. 2" IP & BRASS CAP; ACC AS W 1/ 4 COR OF SEC 19 PER R/ S 155/ 62. 11 FD. 2" IP & BRASS CAP ( R. C. E. 21759); ACC AS SW COR OF INSTR 2004- 157312 ( 3/ 5/ 04) PER R/ S 155/ 62. 12 FD. 1" IP & TAG ( P. L. S. 7635); AGC AS C. L. INT. PER TRACT 17438, M. B. 319/ 25- 29. 13 FD. 2" IP & PLUG ( L. S. 5977); ACC AS SE COR PAR 4 INSTR. 2005- 457363 ( 6/ 27/ 05) PER R/ S 155/ 62. 14 FD. 2" IP & PLUG ( L. S. 5977); ACC AS SE COR PAR 3 INSTR. 2005- 457363 ( 6/ 27/ 05) PER R/ S 155/ 62.

EASEMENT TABLE
LTR. DESCRIPTION
FD. 2" IP & PLUG ( L. S. 5977); ACC AS NE 1/ 16 COR OF SEC. 19 PER R/ S 155/ 62, 150. 00' WIDE EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY; RIGHT OF WAY FD. 1" IP & TAG ( P. L. S. 7635); ACC PER R/ S 155/ 62.

AND INGRESS AND EGRESS FOR CONSTRUCTION OF ELECTRICAL LINES AND TOWERS; RECORDED 1" IP & TAG ( P. L. S. 7635) TO BE SET PER TRACT MAP NO. 19960, M. B. 12/ 20/ 1937 ( 1243/ 433), O. R.
100. 00' WIDE EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY; RIGHT OF WAY AND INGRESS AND EGRESS FOR CONSTRUCTION OF ELECTRICAL LINES AND TOWERS; RECORDED 8/ 13/ 1941 ( 1484/ 481), O. R.
100. 00' WIDE EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA GAS COMPANY AND SOUTH COUNTIES GAS COMPANY; RIGHT CF WAY FOR CONSTRUCTION OF A GAS PIPELINE; RECORDED 5/ 13/ 1959 ( 4818/ 18), O. R.
4 100. 00' WIDE EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA GAS COMPANY AND SOUTH COUNTIES GAS COMPANY, RIGHT OF WAY FOR CONSTRUCTION OF POLE LINE; RECORDED 8/ 24/ 1960 ( 5221/ 213), O. R.
fl

20. 00' WIDE EASEMENT IN FAVOR OF WEST SAN BERNARDINO COUNTY WATER DISTRICT; EASEMENT FOR THE CONSTRUCTION OF A WATER PIPELINE; RECORDED 2/ 13/ 2003 ( 2003- 0095640), O. R.

20. 00' WIDE EASEMENT IN FAVOR OF WEST SAN BERNARDINO COUNTY WATER DISTRICT; EASEMENT FOR WATER PIPELINE CONSTRUCTION; RECORDED 2/ 13/ 2003 ( 2003-- 0095642), O. R.

Q
100. 00' WIDE EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA GAS COMPANY, EASEMENT FOR PUBLIC UTILITIES AND INCIDENTALS PURPOSES; RECORDED 7/ 29/ 1959 ( 4888/ 409). O. R.

80.00' WIDE EASEMENT IN FAVOR OF METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA; RECORDED 2/ 27/ 1970 ( 7395/ 840), O. R.

20. 00' WIDE EASEMENT IN FAVOR OF B. C. INVESTMENT CO.; RECORDED 10/ 18/ 1957 ( 4349/ 358), O. R.

20.00' WIDE EASEMENT IN FAVOR OF JAMES R. JOHNSON AND MILDRED E. JOHNSON; RECORDED 05/ 06/ 1955 ( 3638/ 59), O. R.
fl

20. 00' WIDE EASEMENT IN FAVOR OF WALTER G. STAFFORD AND VIOLET E. STAFFORD; RECORDED 05/ 06/ 1955 ( 3638/ 63), O. R.
15 FD. 2" IP & PLUG ( L. S. 5977); ACC AS NE COR PAR 3 INSTR. 2005- 457363 ( 6/ 27/ 05) PER R/ S 155/ 62. 16 FD. 2" IP & PLUG ( L. S. 5977); ACC AS NE 1/ 16 COR OF SEC. 19 PER R/ S 155/ 62, 17 FD. 1" IP & TAG ( P. L. S. 7635); ACC PER R/ S 155/ 62. 18 1" IP & TAG ( P. L. S. 7635) TO BE SET PER TRACT MAP NO. 19960, M. B. 19 1" IP & TAG ( P. L.S. 7635) TO BE SET PER TRACT MAP NO. 19961- 1, M. B. S / $- 339
60 LOTS & LOTS " A", " B", " C" & REMAINDER SHEET 3 OF 5 SHEETS

76. 23 ACRES GROSS TRACT NO. 19961

9. 23 ACRES NET IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA.

JANUARY 2017
MADOLE AND ASSOCIATES, INC. BEING A SUBDIVISION OF THE REMAINDER LOT OF TRACT NO. 19961-- 1 AS PER MAP FILED IN BOOK 3.50, PAGES SE THROUGH _!?- OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN SECTION 19, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO MERIDIAN ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF.

SEE SHEET 2 FOR BASIS OF BEARINGS, N89' 32' 57" E 102201" 49 '
i$ J 19
LEGEND, EASEMENT TABLE, MONUMENTATION SCALE IN FEET 526. 26' 154. 00' 341. 75
NOTES AND SURVEYOR' S NOTES. 0 50 100 150 200
CL

DUNCAN CANYON ROAD

TRACT BOUNDARY AND NORTHERLY
o LINE OF SEC. 19, T. 1 N., R. 5W., S. B. M.
ro
F--• I
v
NO° 26' 58" E( R)

W W ------
N7- 10' 39" E( R)_
Ci i--
C6 (
PRC)
ti
N89' 32' 57" E 160. 00'
Om w
LOT , L1
C2
C5 LANDSCAPE
i NO. 28' 13„ E( R) /
C3 , C4 79. 85
y LOT A '
Q Q I Q L2

0. 16 AC.

Z I
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N89' 32' 57" E os•
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19 CE
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r
C17 C19 '
c2®
ti p
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NO- 02- 33" W( R) __ 99 \
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N89 -32' 57" E C16 '
f j 21
N8' 18' 36" E( R) i C15 -``' 19 - - - - - - N7' 05 34 E( R)

45. 66'
42 55"E 0)
o
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g
N7932 ( 9, 090 S. F.)
06 ,,
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AMBROSIA B R O S I A N __
19 C7 /
1 C to
C15 N89°32' 57' E 102. 00'
a
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N89' 32' S7" E 147. 24' `
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CEDAR VIEW
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SEE DETAIL ++B++
C8 , - - N73_26' 08" E( R) N LANE LANE C53 _
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19 a CEDAR VIEW LANE N89' 32' S7" E , 02. 12' W
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CURVE TABLE
CURVE# DELTA RADIUS LENGTH TANGENT
C1 6'43' 41" 440. 00' 51. 67' 25.86'
C2 6°42' 26" 430.00' 50. 34' 25. 20'
C3 1' 11' 51'° 474.00' 9. 91' 4. 95'
C4 6' 25' 51" 474. 00' 53.20' 26.63'
C5 7' 37' 42" 474.00' 63. 11' 31. 60'
C6 7°37' 42" 464.00' 61. 78' 30. 93'
C7 7°32' 37" 300. 00' 39. 50' 19. 78'
C8 8°45' 39" 300. 00' 45. 87' 22. 98'
C9 1' 13' 02" 300. 00' 6. 37' 3. 19'
C10 8'45' 39" 270. 00' 41. 28' 20.68'
C11 8' 18' 37" 270.00' 39. 16' 19. 61'
C12 4' 06' 34" 330. 00' 23. 67' 11. 84'
C13 4`39' 05" 330. 00' 26. 79' 13. 40'
C14 8°4539" 330. 00' 50. 46' 25. 28'
C15 8°45' 39" 300. 00' 45. 87' 22. 98'
C16 8°14' 48" 100. 00' 14.39' 7.21'
C17 1' 45' 14" 100.00' 3. 06' 1. 53'
C18 10' 00' 02" 100.00' 17. 45' 8. 75'
C19 15' 07' 55" 70. 00' 18. 49' 9. 30'
C20 34°22' 39" 70. 00' 42. 00' 21. 65'
C21 34'2239" 70. 00' 42. 00' 21. 65'
C22 26' 06' 52" 70. 00' 31. 90' 16. 23'

CURVE TABLE
CURVE# DELTA RADIUS LENGTH TANGENT
C23 110. 00' 05" 70.00' 134.39' 99. 97'
C24 10°00' 03" 100.00' 17. 45' 8. 75'
C25 3°04' 32" 270. 00' 14. 49' 7. 25'
C26 5°41' 07" 270. 00' 26. 79' 13. 41'
C27 8°45' 39" 270. 00' 41. 28' 20.68'
C28 8°23' 23" 330. 00' 48. 32' 24.20'
C29 0°22' 16" 330. 00' 2. 14' 1. 07'
C30 8°45' 39" 330.00' 50. 46' 25.28'
C31 8°21' 09" 300. 00' 43. 73' 21. 91'
C32 0' 24' 30" 300. 00' 2.14' 1. 07'
C33 8' 45' 39" 300. 00' 45. 87' 22 98'
C34 0' 27' 12" 270. 00' 2. 14' 1. 07'
C35 8' 18' 26" 270. 00' 39. 15' 19. 61'
C36 8' 4539" 270. 00' 41. 28' 20. 68'
C37 4' 06' 42" 330.00' 23. 68' 11. 85'
C38 4°3857" 330. 00' 26. 78' 13. 40'
C39 8' 4539" 330. 00' 50. 46' 25. 28'
C40 8' 4539" 300. 00' 45. 87' 22. 98'
C41 94' 23' 41 50. 00' 82. 37' 53.99'
C42 14°57' 42" 50. 00' 13. 06' 6. 57'
C43 109' 21' 23" 50. 00' 95. 43' 70.56'
C53 0°27' 02" 270.00' 2. 12' 1. 06'
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LINE# BEARING LENGTH
L1 NO°27' 03" W 10. 00'
L2 N89' 3257" E 10. 41'
L3 N89' 1 9' 04"E 10. 00'
L4 N45° 27' 03" W 21. 21'
L5 N9°33' 00" E 13. 86'
L6 N44' 32' 57" E 21. 21'
L7 N45°27' 03" W 21. 21'
L8 N89°32' 57" E 21. 00'
L9 NO°27' 03" W 20.00'
L27 N89°32' 57" E
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22.00'
C34
C35
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340
60 LOTS & LOTS " A", " B", " C" & REMAINDER

76.23 ACRES GROSS TRACT NO, 19961

9. 23 ACRES NET ini ruc nry nr cnniTenie rnuniry nr cen1 oroninoninin crnrr nr rni irnonun MADOLE AND ASSOCIATES, INC.

SEE SHEET FvR BASIS v BEARIi vS,

LEGEND, EASEMENT TABLE, MONUMENTATION
NOTES AND SURVEYOR' S NOTES.

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55. BEING A SUBDIVISION OF THE REMAINDER LOT OF TRACT NO. 19961- 1 AS PER MAP FILED IN BOOK 36,0, PAGES THROUGH Y-2--_ OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN SECTION 19, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO MERIDIAN ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF. 1 SEE SHEET 3 I 34
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LINE TABLE
LINE# BEARING
L11
110
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21. 21'
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16. 62'
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LINE TABLE
LINE# BEARING LENGTH
110 N45' 27' 03'°W 21. 21'
L11 N89°32' 57" E 1. 00'
L12 N44' 32' 57" E 21. 21'
L13 N45' 27' 03" W 21. 21'
L14 NO' 27' 03" W 14. 68'
L15 N10' 27' 05" W 14. 32'
L16 N44' 32' 57" E 21. 21'
L17 N48° 03' 23" E 13. 30'
L18 N89' 1849" E 16. 62'
L19 N49' 27' 06" E 21. 84'
L20 N80' 27' 00" W 5. 37'
L21 N89' 3257" E 10. 86'
L22 N41' 32' 11" E 11. 96'
L23 N41' 32' 11" E 14.95'
L24 N41' 32' 11 " E 26. 91'
L25 N45' 34' 07" W 18. 64'
L26 N45' 34' 07" W 32. 59'
L27 N89°32' 57" E 22.00'
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CURVE#
3t
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LENGTH TANGENT
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No
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6. 57'
C43 109' 21' 23" 50. 00'
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C44 3' 41' 31"
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C43 109' 21' 23" 50. 00'
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100. 00'
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17. 05'
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40° 0959" 70. 00' 49. 07'
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70. 00' 45. 86'
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N89°39' 13" E_
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100. 00' 17. 45' 8. 75'
663.94'-+ -
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54. 00'

64.86'
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DETAIL

CURVE TABLE
CURVE# DELTA RADIUS LENGTH TANGENT
C42 14' 57' 42" 50. 00' 13. 06' 6. 57'
C43 109' 21' 23" 50. 00' 95.43' 70. 56'
C44 3' 41' 31" 100. 00' 6. 44' 3.22'
C45 15°39' 52" 100. 00' 27. 34' 13. 76'
C46 19' 21' 23" 100. 00' 33. 78' 17. 05'
C47 10' 00' 02" 100. 00' 17. 45' 8.75'
C48 3217' 44" 70. 00' 39. 46' 20. 27'
C49 40° 0959" 70. 00' 49. 07' 25. 59'
C50 37°32' 22" 70. 00' 45. 86' 23. 79'
C51 110' 00' 05" 70. 00' 134.39' 99. 97'
C52 10' 00' 03" 100. 00' 17. 45' 8. 75'
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SCALE IN FEET
NOV I0 4J t Lvy.[ J

SEE SHEET
SEE DETAIL " G"
HEREON
2 SHEET 4 OF 5 SHEETS
JANUARY 2017
SEE . SHEET 5
SFF nFT® 11 " F"
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341
60 LOTS & LOTS " A", " B", " C" & REMAINDER

76. 23 ACRES GROSS TRACT NO,, 19961

9. 23 ACRES NET IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA.

MADOLE AND ASSOCIATES, INC. BEING A SUBDIVISION OF THE REMAINDER LOT OF TRACT NO. 19961- 1 AS PER MAP FILED IN BOOK 3S®, PAGES 3 THROUGH OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN SECTION 19, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO MERIDIAN ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF.

SIGNATURE OMISSIONS:

PURSUANT TO THE PROVISIONS OF SECTION 66436 OF THE SUBDIVISION MAP ACT, THE FOLLOWING SIGNATURES HAVE BEEN OMITTED:

1. UNITED STATES OF AMERICA, HOLDER OF AN EASEMENT FOR RIGHT OF WAY FOR DITCHES AND CANALS, RECORDED DECEMBER 7, 1900 IN BOOK ° F OF PATENTS, PAGE 365. CANNOT BE PLOTTED FROM RECORD.

2. JAMES R. JOHNSON AND MILDRED E. JOHNSON, HOLDERS OF AN EASEMENT FOR INGRESS, EGRESS AND INCIDENTAL PURPOSES, RECORDED MAY 6, 1955 IN BOOK 3638, PAGE 59, O. R.

3. WALTER G. STAFFORD AND VIOLET E. STAFFORD, HOLDERS OF AN EASEMENT FOR INGRESS, EGRESS AND INCIDENTAL PURPOSES, RECORDED MAY 6, 1955 IN BOOK 3638, PAGE 63, O. R.

4. B. C. INVESTMENT CO., LTD., HOLDER OF AN EASEMENT FOR INGRESS, EGRESS AND INCIDENTAL PURPOSES, RECORDED OCTOBER 18, 1957 IN BOOK 4349, PAGE 358, O. R.

5. WEST SAN BERNARDINO COUNTY WATER DISTRICT, HOLDER OF AN EASEMENT FOR CONSTRUCTION, INSTALLATION, MAINTENANCE, REPLACEMENT AND REMOVAL OF A WATER PIPE LINE SYSTEM AND INCIDENTAL PURPOSES, RECORDED FEBRUARY 13, 2003 AS INSTRUMENT No. 2003- 095640, O. R.

6. WEST SAN BERNARDINO COUNTY WATER DISTRICT, HOLDER OF AN EASEMENT FOR CONSTRUCTION, INSTALLATION, MAINTENANCE, REPLACEMENT AND REMOVAL OF A WATER PIPE LINE SYSTEM AND INCIDENTAL PURPOSES, RECORDED FEBRUARY 13, 2003 AS INSTRUMENT No. 2003- 095642, O. R.

7. AS RESERVED IN DEED FROM JAMES R. JOHNSON AND MILDRED E. JOHNSON TO A. K. BERRY AND ELIZABETH H. BERRY, ONE— HALF INTEREST IN AND TO ALL OIL, MINERALS, ASPHALTUM AND HYDRO— CARBON SUBSTANCES LYING BELOW THE DEPTH OF 500 FEET FROM THE SURFACE OF SAID LAND, RECORDED NOVEMBER 25, 1957 IN BOOK 4376 AT PAGE 205, O. R.

SHEET 5 OF 5 SHEETS
JANUARY 2017
342
82 LOTS & LOTS " A",

34. 03 ACRES GROSS

9. 17 ACRES NET
B", " C" & REMAINDER
MADOLE AND ASSOCIATES, INC.

TRACT NO, 19962
IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA.

BEING A SUBDIVISION OF THE REMAINDER LOT OF TRACT NO. 19962- 2 AS PER MAP FILED IN BOOK —,= PAGES THROUGH 58 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN SECTION 19, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO MERIDIAN ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF.

OWNER' S STATEMENT: BENEFICIARY: CITY OFFICIAL' S STATEMENT:

SHEET 1 OF 5 SHEETS
DECEMBER 2016

WE HEREBY STATE THAT WE ARE ALL AND THE ONLY PARTIES HAVING ANY RECORD TITLE INTEREST IN THE LAND SUBDIVIDED NORTH FONTANA INVESTMENT COMPANY, LLC, A DELAWARE LIMITED LIABILITY COMPANY, BENEFICIARY UNDER DEED OF TRUST RECORDED AT THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF FONTANA, STATE OF CALIFORNIA, HELD ON THE AS SHOWN ON THE ANNEXED MAP AND WE HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF THIS FINAL MAP. OCTOBER 3, 2017, AS INSTRUMENT NO. 2017- 0407703, O. R. AND BENEFICIARY UNDER DEED OF TRUST RECORDED OCTOBER 3, 2017, AS DAY OF MACCk 20! SC SAID CITY COUNCIL ACCEPTED ON BEHALF OF THE CITY OF FONTANA THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT TO THE CITY OF FONTANA FOR PUBUC PURPOSES: INSTRUMENT 170. 17- 04077 4 O. R. THE ANNEXED MAP OF TRACT NO. 19962 AND ACCEPTED THE FOREGOING DEDICATIONS IN ACCORDANCE WITH CITY

CYPRESS AVENUE, GRASSLAND AVENUE, COLLARD AVENUE, DEWBERRY STREET, AND LANTANA STREET, FORT & OF FONTANA STANDARDS.

STREET, HIGHWAY AND PUBLIC UTILITY PURPOSES, AS SHOWN ON SAID MAP WITHIN SAID SUBDIVISION.

SIGNATURE: PRINT NAME: 1 ® od I
TITLE: PB
THIS PROCEDURE IS THE TRUE AND COMPLETE PROCEDURE APPROVED BY THE CITY COUNCIL ON THE ! t THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED IN FEE TO THE CITY OF FONTANA:

DAY OF PlAtdi , 20
LOTS " A" THROUGH " C" FOR LANDSCAPE PURPOSES. NOTARY ACKNOWLEDGMENT:

THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT TO THE CITY OF FONTANA FOR PUBLIC PURPOSES: A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VAUDfIY OF THAT DOCUMENT.

TONIA I IS
AN EASEMENT FOR STORM DRAIN PURPOSES, OVER LOT 22, AS SHOWN HEREON. CITY CLERK CITY OF FONTANA WE ALSO HEREBY DEDICATE TO THE CITY OF FONTANA, ALL RIGHTS OF VEHICULAR ACCESS TO OR EGRESS FROM:

GARDENS STREET. AND, CASA GRANDE AVENUE, EXCEPT AS SHOWN.

LENNAR HOMES OF CALIFORNIA, INC., A CALIFORNIA CORPORATION BY: -
NAME: C EOF` j c 1'% 11-14
ITS:

Case4My
NORTH FONTANA IWESTMINTa WMAANY, LLC A DELAWARE LIMITED LIABILITY COMPANY NOTARY ACKNOWLEDGMENT:

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF
COUNTY 1

APPEARED
ISS n - w i , a

TITLE OF THE OFFICER)

WHO PROVED TO ME ON THE

NAME OVPERSON SIGNING)
BASIS OF SATISFACTORY EVIDENCE TO BE TH PERSON( g) WHOSE NAME( 2) IS/ Af2Er SUBSCRIBED TO THE WITHIN THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/ SHE " f -Y EXECUTED THE SAME IN HIS/ HERE f EIR AUTHORIZED CAPACITYOK AND THAT BY HIS/ 49R/ THW SIGNATURE(, ON THE INSTRUMENT THE PERSON(Z OR THE ENTITY UPON BEHALF OF WHICH THE PERSON;;) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND AND OFFICIAL SEAL.

SIGNATURE
PRINT
COMMISSION No.:

COMMISSION EXPIRE
PRINCIPAL PLACE OF BUSINESS:

NOTARY ACKNOWLEDGMENT:

A NOTARY PUBUC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMEIJT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF tA& tPOM tk I
COUNTY OF AkdAiw S
ON BEFORE ME, 42, A NOTARY PUBLIC, PERSONALLY

DATE) ( NAME AND TITLE OF THE OFFICER)

WHO PROVED TO ME ON THE
y ( NAME OF PERSON SIGNING)

BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON( S) WHOSE NAME( S) IS/ ARE SUBSCRIBED TO THE WITHIN THE WITHIN INSTRUMENT AND

ACKNOWLEDGED TO ME THAT HE/ SHE/ THEY EXECUTED THE SAME IN NIS/ HER/ THEIR AUTHORIZED CAPACITY( IES) AND THAT BY HIS/ HER/ THEIR

SIGNATURE( S) ON THE INSTRUMENT THE PERSON( S) OR THE ENTITY UPON BEHALF OF WHICH THE PERSON( S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY IND AND OFFICIAL SEAL,
1: 11 t1
COMMISSION EXPIRES:

PRINCIPAL PLACE OF
WCL
01w,11111W6111
77 APPEARED

BEFORE ME,

NAME AND TITLE OF THE

Z A NOTARY PUBLIC, PERSONALLY

WHO PROVED TO ME ON THE BASIS OF

V ( NAME OF PERSON SIGNING)

SATISFACTORY EVIDENCE TO BE THE PERSON( S) WHOSE NAME( S) IS/ ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME

THAT HE/ SHE/ THEY EXECUTED THE SAME IN HIS/ HER/ THEIR AUTHORIZED CAPACITY( IES) AND THAT BY HIS/ HER/ THEIR SIGNATURE( S) ON THE INSTRUMENT THE PERSON( S) OR THE ENTITY UPON BEHALF OF WHICH THE PERSON( S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND ANII OFFICIAL_ SEAL.

PRINT
COMMISSION N -o.-:- 34
COMMISSION EXPIRES:

PRINCIPAL PLACE OF
BENEFICIARY:

WELLS FARGO BANK, N. A., A NATIONAL BANKING ASSOCIATION, BENEFICIARY UNDER DEED OF TRUST RECORDED JUNE 25, 2004, AS INSTRUMENT NO. 2004- 0453805, O. R. AND DOCUMENT LAST MODIFIED AND RECORDED SEPfEMBER 29, 2017 AS INSTRUMENT NO. 2817- 0404132; O. R.

T(4f\IUA7N M170Is20LB,-OOM495
SIGNATURE- PRINT NAME: ® k
TITLE: )
NOTARY ACKNOWLEDGMENT:

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF c4ligmia I
COUNTY OF _ _ 1 SS
ON BEFORE ME, as A NOTARY PUBLIC, PERSONALLY

TE) ( NAME AND TITLE OF THE OFFICER)
APPEARED ( i r
m, ,

WHO PROVED TO ME ON THE BASIS OF

NAME OF PERSON SIGNING)

SATISFACTORY EVIDENCE TO BE THE PERSON( S) WHOSE NAME( S) IS/ ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME

THAT HE/ SHE/ THEY EXECUTED THE SAME IN HIS/ HER/ THEIR AUTHORIZED CAPACITY( IES) AND THAT BY HIS/ HER/ THEIR SIGNATURE( S) ON THE INSTRUMENT THE PERSON( S) OR THE ENTITY UPON BEHALF OF WHICH THE PERSON( S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND AND OFFICIAL SEAL.

SIGNATURE
PRINT
COMMISSION No.:

COMMISSION EXPIRES:

PRINCIPAL PLACE OF BUSINESS:

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS

OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF NORTH FONTANA INVESTMENT COMPANY, LLC A DELAWARE UMITED LIABILITY COMPANY IN DECEMBER, 2016. 1 HEREBY STATE THAT ALL THE MONUMENTS SHOWN HEREON ARE OF THE CHARACTER AND OCCUPY

THE POSITIONS INDICATED, OR WILL BE SET IN SUCH POSITIONS WITHIN ONE YEAR OF MAP RECORDATION, AND THAT THE MONUMENTS ARE, OR WILL BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP.

DATED:
z ZZ_ Z
f &
SEE SHEET 5 OF 5 FOR SIGNATURE OMISSIONS)
o yes
BY: No. 7635
ANTHONY HARO P. L.S. 7635
REGISTRATION EXPIRES 12/ 31/ 2018.

EP: 12- 31- 2018
ATTEST: -
2 i

TONIA LEWIS ACQUAN WARREN
CITY CLERK, CITY OF FONTANA MAYOR, CffY OF FONTANA
CITY ENGINEER' S STATEMENT:

I HEREBY STATE THAT I HAVE EXAMINED THE ANNEXED MAP, THAT THE SUBDIVISION SHOWN HEREON IS

SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF AND THAT ALL OF THE PROVISIONS OF THE SUBDIVISION MAP ACT AND ARTICLES i ROUGH III, CHAPTER 26, CODE OF THE CITY OF FONTANA HAVE BEEN COMPLIED WITH AM SATISFIED TH ISM S TECHNICALLY CORRECT.

2. DATED: BY:

Rid DO SANDOVAL, P. L.S. 7407
UCENSE EXPIRES 12/ 31/ 2019

CITY ENGINEER
AUDITOR' S CERTIFICATE:—='

I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF TT& OFFICE AS OF THIS DATE, THERE ARE NO UENS AGAINST THE REAL PROPERTY SHOWN UPON ANNENE13 MAP FOR UNPAID STATE, COUNTY, MUNICIPAL, OR LOCAL TAXES, 9R• SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS NOT YET PAYABLE, ESTIMATED TO BE 141 7. 000. 00
f t
COW"

OSCAR VALDEZMDITOR- CONTROLLER/

TREASURER/ TAX COLLECTOR
COUNTY OF SAN BERNARDINO, GAHFBR 4h4
BOARD OF SUPERVISOR' S CERTIFICATE:

I HEREBY CERTIFY THAT A BOND IN THE SUM OF Si
1141710000- 0O HAS BEEN EXECUTED AND FILED

WITH THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, CONDITIONED UPON

THE PAYMENT OF ALL TAXES, STATE, COUNTY, MUNICIPAL- OR LOCAL, AND ALL SPECIAL ASSESSMENTS, COLLECTED AS

TAXES, WHICH AT THE TIME OF NG OF '',,, MAP WITH THE COUNTY RECORDER ARE A LIEN AGAINST SAID

PROPERTY, BUT NOT YET PAYABLE AND THAT THE SUBDIVIDER HAS FILED WITH ME A CERTIFICATE BY THE PROPER

OFFICER GIVING HIS ESTIMATE OF THE AMOUNT OF SAID TAXES AND SPECIAL ASSESSMENTS, AND SAID BOND IS HEREBY ACCEPTED.

DATED: , 12. 10.016 LAURA H. WELCH, CLERK OF

THE BOARD OF SUPERVISORS - OF

THE- COUNTY OF SAN BERNARDINO
J -A A' - 24jCjjM^L DEPUTY

SAN BERNARDINO COUNTY RECORDER' S CERTIFICATE
THIS MAP HAS BEEN FILED UNDER DOCUMENT N0.

FILED THIS ® / r" DAY OF AT / 2: 3
IN BOOK 350 OF AT PAGES . 3
AT THE REQUEST OF D2CUMCin± & OCC< Sinq 60/ u Fi®ns
FEE IN THE AMOUNT OF #

BOB DUTTON

ASSESSOR - RECORDER

COUNTY OF SAN BERNARDINO
Recorded in Official Records,
County of San Bernardino
SIGNED: Doc#: 2018- 0251088
DEPUTY RECORDER 7/ 11/ 2018 12: 33 PM
343
82 LOTS & LOTS " A",

34.03 ACRES GROSS

9. 17 ACRES NET
MADOLE AND ASSOCIATES, INC.

TAN.

TRACT NO, 19962
IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA.

BEING A SUBDIVISION OF THE REMAINDER LOT OF TRACT NO. 19962- 2 AS PER MAP FILED IN BOOK 3SQ, PAGES 5! THROUGH 52 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN SECTION 19, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO 13 18 ?)uT.1N.

MERIDIAN ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF. o 4 9
18 p i a
d
P. L.S. , , NORTH LINE OF SEC. 19 SURVEY PROCEDURE SHEET 4218 _ _ / ,/ / , N89. 32' 57" E 2648. 40' R. C. E. ___ 1 13 ;' 18 / / ,! ® 1759
j ------_--___
1318. 88' - - - - 664. 76' _ (- 664. 76' - - ' f ` \
I -' Iii- - '
24 19 \ I - I I 5
I I+ - f- \ 6 1329. 52, ,`
w

ELDER WAWY I
I I y
FLAX WAY + O o
CEDAR VIEW LANE w
2 AVENUE d F- I 4 v
s
ao r w
TRACT 19960 Z 6 I_ I_ I L I I -
Lal - ®
3 N /; I T` I Tr7 Ii Q i I I I I I T ii - w Zz
3 4
TRACT 19960 2 L_I_ I _. 1.-../ 11- - -
I _ - L I I I I - _
A LT

VALLEY OAK LANE N
I - a
I
w
AMBROSIA LANE- - j ,,; r- _ U
n
i 1 `
w' I I F_ SPRUCE T F- I-_- I - 6 -- j N M Q w
f - I m (- COURT' , a w 0 u
4, a W F_ m _ I._
ISL L _L 1
X 36 - -_ .-
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N89' 37' 46" E 1314. 96' (- z
t--- \- +
r
T I C TRACT 19961 - 1 ----- 4 I -)
X657. 48 \ \ , r \
V
65 m 8 I -- t' i
I- --- TR ACT 19961 :.

P 00 Y -- m -
I '
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ci
I® y I m- 1 Q z J I
IA J- 1
Ici
I - TR ACT 19960- 3 ` M RED WILLOW LANE - - I , ' - - N189. 36' 51" E I
z _! T - T I - 1-- I T - i -
N89°37 46 E /_ _ Q _ L1313. 16 _ Is' , - - I FT,
1 LINE BEARING LENGTH
L1 N01° 10' 30" W 66.45'
L2 N01 *01' 08" W 66. 45'
L3 NOO' 51' 46" W 66. 45'
L4 N00' 51' 46" W 112. 89'
L5 N00-41' 1 2- W 112. 88'
1328. 34' - -
I_ _ i aIi I , l - I I I I I I f T I - 11" 17
Lid 656. 58' ` 1656.58 Srn -, - 1 I - : SECTION
n BLUE IRIS- - STREE7 N ( r
I ) I - 1_ I - J
o , LINE ( TYP.) 9 10
J
Z w T - T- I I - T f 5 I - T- 1 T - T I TIMBERLAND LANE M ; SEE Qo 1'
Y _ I ; ! f` -
tI
T,N ` I 1t ` I ` t
1_ 71-q _. I. o `" fi `' - 1 ' / %`- i12

7. 06' - - - i', ', -, iSH EET . r3 n
1 1
I - a I 1
L
z
I I I_ 1 I- I- L- I I y LJ - LJ i
4 I__ , L - L .L__jj_ ._ I. J- _L_._ , : - - - _ - -------------- - --------- 3 655. 85'- 1; - 655. 85 - ORCHARD ` - STREET - 655. 85 °;-- GRRBENS- STREET-- 36'- r , '- c _ _ N89' 38' 02" E O fa-- R-- s-.` -- i
T T f- 1 Z - 7- T f - f - i f
a 655167' •, ;, ( 655.67'
4 13 \ TRACT 19962-
2T
Ljj
n
I 00 L9 I
664.00
Fr - N89 37 46 E - - - 1311. 34'
Q _ TRACT 19960- 1
i
i
TIMBERLAND LANE "
TRACT 19962- 1 C, z N8939' 13 -E
M`( L --TOPIARY LANE "' I Z
I
I 1 ' 663.94'
I T- 1T-7-7-1 I
DATE PALM WAY I Ir- T ,,, u, ® i - - - - - - - - -
1- - - - - - -}- - - - I - _ -
h
I
i Z - REMAINDER
N89° 40' 33" E 1309. 57' ,' - -'' (
IF >' a f- a a ,
N NORTH LINE OF THE SOUTH 8 ACRES OF THE --
cc
N-- j - j w ( 20. 18 AC.)
N1/ 2 OF THE SW1/ 4 OF THE NW1/ 4 _ y I N j
I -
1 + I- TRACT 199fi2
1308. 12' I , 11323. 43 6 13
T-=- 4-- - - TRELLIS LANE _ / T - - -.- N89' 40' 12" E - -' i- N89' 40' 33" E
OAK GROVE AVENUE -- 1 TRACT 19962- 1 t- 263' 55 -
I 663. 61°
uj 00
SOUTH 1/ 2 OF THE S/ W 1/ 4 OF THE N/ W 1/ 4 ® I _ 1 m I - z , ac
t }_
i OF FRACTIONAL SECTION 19, TOWNSHIP 1 NORTH, I
I u o
to
MERIDIAN.

RANGE 5 WEST, SAN BERNARDINO BASE AND LTANA'
SOUTH LINE OF THE _
I NORTH HALF OF SEC. 19 11
I ;
L'
59 E 1321. 76' - - 4 iI
I
10 1304. 53'- - --`- - - r- - 1321. 41
s - - - -`
L -
T. 1 N. \ '
12 N89' 42' 59" E a 2625. 94' ° / - o°°o --
CASA GRANDE AVENUE TAN.
24119 cn Z Z C 1/ 4 u
TRACT 17438 SEE SHEET 4 19 g
4218 Q ! M. B. 319/ 25- 29 R. C. E.
1759

SCALE IN FEET
IV
L1tWZ, t
1 FD. 2" IP & BRASS CAP ( L.S. 4218); ACC AS NW COR OF SEC 19 PER R/ S 155/ 62. 2 FD. 2" IP & BRASS CAP ( R. C. E. 21759); ACC AS W 1/ 16 COR OF SEC 19 PER R/ S 155/ 62.

FD. 2" IP & BRASS CAP ( R. C.E. 21759); ACC AS N 1/ 4 COR OF SEC 19 PER R/ S 155/ 62. 4 FD. 2" IP & PLUG ( L.S. 5977); ACC AS CN 1/ 16 COR OF SEC 19 PER R/ S 155/ 62. 55 FD. 2 - IP PLUG ( L.S. 5977); ACC AS SW COR PAR 3 INSTR. 2005- 457363 ( 6/ 27/ 05) PER R/ S 155/ 62.

FD. 1" IP & PLUG ( L. S. 4337); ACC AS SW COR PAR 4 INSTR. 2005- 457363 ( 6/ 27/ 05) PER R/ S 155/ 62.

F7 FD. 1" IP & TAG ( L. S. 3762); ACC AS SE COR. OF INSTR 2004- 157312 ( 3/ 5/ 04) PER R/ S 155/ 62.

FD. 2" IP & BRASS CAP ( R. C. E. 21759); ACC AS C 1/ 4 COR OF SEC 19 PER R/ S 155/ 62. 300
N89°36' 57" E -
663. 93'
M
o
T
m''.

THE BEARING OF N01 ° 10' 30" W ALONG THE CENTERLINE OF

CITRUS AVENUE AS SHOWN ON RECORD OF SURVEY, AS
PER MAP FILED IN BOOK 155/ 62 RECORD OF SURVEY,
WAS USED AS THE BASIS OF BEARINGS FOR THIS MAP.

I I I I I I INDICATES VEHICULAR ACCESS RESTRICTION
SHEET 2 OF 5 SHEETS
DECEMBER 2016
Tgimwslamzlsl

SHOWN HEREON IS MEASURED AND RECORD DATA PER
RECORD OF SURVEY 155/ 62, OR DERIVED THEREFROM.
0 INDICATES FOUND 1" IP & TAG ( PLS 7635) PER RECORD
OF SURVEY 155/ 62; UNLESS NOTED OTHERWISE.

FOw
INDICATES FOUND 1" IP & TAG ( PLS 7635) PER TRACT NO.
19962- 1, M. B. UNLESS NOTED OTHERWISE.

INDICATES FOUND 1" IP & TAG ( PLS 7635) PER TRACT NO.
19962- 2, M. B. Q/- UNLESS NOTED OTHERWISE.
0 INDICATES 1" I. P. 18" LONG TAGGED " P. L. S. 7635". TO

BE SET FLUSH AT ALL STREET CENTERLINE
INTERSECTIONS, B. C.' S AND E. C.' S UNLESS OTHERWISE
NOTED.
1 EXISTING EASEMENT, EXISTING DEED AND
2" I. P. 18" LONG TAGGED " P. L. S. 7635". TO BE SET AT

DEDICATION SYMBOL

ALL TRACT BOUNDARY CORNERS, UNLESS OTHERWISE
SHOWN.

Q EASEMENT DEDICATION AND SYMBOL

LOT NUMBER INDICATING ENTIRE LOT SHOWN
33 ON MAP SHEET
1" I. P. 18" LONG TAGGED " P. L. S. 7635" TO BE SET FLUSH

AT ALL REAR LOT CORNERS AND ANGLE POINTS, UNLESS
SHOWN OTHERWISE. IN THE EVENT THAT THE TYPE
MONUMENT CANNOT BE SET, A TAG " P. L. S. 7635" WILL BE
AFFIXED IN CONCRETE, STONE OR METAL.
33 LOT NUMBER INDICATING ENTIRE LOT IS NOT

SHOWN ON MAP SHEET
NAIL AND TAG " P. L. S. 7635" TO BE SET IN TOP OF CURB

ON THE PROLONGATION OF SIDE LOT LINES AT ALL FRONT
CORNERS.
k
cq
0 0000
OZ `
O
I ¢
oro
SEE __--
DETAIL
cocodSHEET 3 '
z
It
Lo c14
3 w
o
to
F
z
00 w
o
w
FOw
J 7N
a
13 Q¢
IP & PLUG ( L. S. 5977); ACC AS SE COR PAR 4 INSTR. 2005- 457363 ( 6/ 27/ 05) PER R/ S 155/ 62, to N z :
z V)
al
In
oc
CD
o
4818/ 18), Q. R.

J_ 17
k
cq
0 0000
OZ `
O
I ¢
oro
SEE __--
DETAIL
cocodSHEET 3 '
z
It
Lo c14
L
W
i= w
F=
N _
to
F
CD
11 CooQ¢
IP & BRASS CAP ( R. C. E. 21759); ACC AS SW COR OF INSTR 2004- 157312 ( 3/ 5/ 04) PER R/ S 155/ 62.

Czww
J 7N 3Q` Cz
13 w
oca, w>-
wzZ: U- u
DETAIL " A'!
NTS
FD. 2" IP & BRASS CAP ( R. C. E. 21759); ACC AS W 1/ 16 COR OF SEC 19 PER R/ S 155/ 62. 10 FD. 2" IP & BRASS CAP; ACC AS W 1/ 4 COR OF SEC 19 PER R/ S 155/ 62, 11 FD. 2" IP & BRASS CAP ( R. C. E. 21759); ACC AS SW COR OF INSTR 2004- 157312 ( 3/ 5/ 04) PER R/ S 155/ 62. 12 FD. 1" IP & TAG ( P. L.S. 7635); ACC AS C. L. INT. PER TRACT 17438, M. B. 319/ 25- 29, 13 FD. 2" IP & PLUG ( L. S. 5977); ACC AS SE COR PAR 4 INSTR. 2005- 457363 ( 6/ 27/ 05) PER R/ S 155/ 62, 14 FD. 2" IP & PLUG ( L. S. 5977); ACC AS S£ COR PAR 3 INSTR. 2005- 457363 ( 6/ 27/ 05) PER R/ S 155/ 62.

EASEMENT TABLE
LTR. DESCRIPTION
1 150. 00' WIDE EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY; RIGHT OF WAY AND FD. 1" IP & TAG ( P. L. S. 7635); ACC PER R/ S 155/ 62.

INGRESS AND EGRESS FOR CONSTRUCTION OF ELECTRICAL LINES AND TOWERS; RECORDED 1" IP & TAG ( P. L. S. 7635) TO BE SET PER TRACT MAP NO. 19962- 1, M. B. 3_ f_0/ - nT 12/ 20/ 1937 ( 1243/ 433), O. R.
100. 00' WIDE EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY; RIGHT OF WAY AND INGRESS AND EGRESS FOR CONSTRUCTION OF ELECTRICAL LINES AND TOWERS; RECORDED 8/ 13/ 1941 ( 1484/ 481), O. R.
100. 00' WIDE EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA GAS COMPANY AND SOUTH COUNTIES GAS COMPANY; RIGHT OF WAY FOR CONSTRUCTION OF A GAS PIPELINE; RECORDED 5/ 13/ 1959 4818/ 18), Q. R.
100. 00' WIDE EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA GAS COMPANY AND SOUTH COUNTIES GAS COMPANY, RIGHT OF WAY FOR CONSTRUCTION OF POLE LINE; RECORDED 8/ 24/ 1960 5221/ 213), O. R.

C

20. 00' WIDE EASEMENT IN FAVOR OF WEST SAN BERNARDINO COUNTY WATER DISTRICT; EASEMENT FOR THE CONSTRUCTION OF A WATER PIPELINE; RECORDED 2/ 13/ 2003 ( 2003- 0095640), O. R.

20. 00' WIDE EASEMENT IN FAVOR OF WEST SAN BERNARDINO COUNTY WATER DISTRICT; EASEMENT FOR WATER PIPELINE CONSTRUCTION; RECORDED 2/ 13/ 2003 ( 2003- 0095642), O. R. 100. 00' WIDE EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA GAS COMPANY; EASEMENT FOR PUBLIC UTILITIES AND INCIDENTALS PURPOSES; RECORDED 7/ 29/ 1959 ( 4888/ 409), O. R.

Q

80. 00' WIDE EASEMENT IN FAVOR OF METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA; RECORDED 2/ 27/ 1970 ( 7395/ 840), O. R.
0 20. 00' WIDE EASEMENT IN FAVOR OF B. C. INVESTMENT CO.; RECORDED 10/ 18/ 1957 ( 4349/ 358), O. R.

20. 00' WIDE EASEMENT IN FAVOR OF JAMES R. JOHNSON AND MILDRED E. JOHNSON; RECORDED 05/ 06/ 1955 ( 3638/ 59), O. R.

20. 00' WIDE EASEMENT IN FAVOR OF WALTER G. STAFFORD AND VIOLET E. STAFFORD, RECORDED 05/ 06/ 1955 ( 3638/ 63), O. R.

EASEMENT FOR PUBLIC STORM DRAIN PURPOSES GRANTED TO THE CITY OF FONTANA AS A
SHOWN HEREON OVER LOT 22 AND LOT " B".
15 FD. 2" IP & PLUG ( L.S. 5977); ACC AS NE COR PAR 3 INSTR. 2005- 457363 ( 6/ 27/ 05) PER R/ S 155/ 62. 16 FD. 2" IP & PLUG ( L.S. 5977); ACC AS NE 1/ 16 COR OF SEC. 19 PER R/ S 155/ 62. 17 FD. 1" IP & TAG ( P. L. S. 7635); ACC PER R/ S 155/ 62. 18 1" IP & TAG ( P. L. S. 7635) TO BE SET PER TRACT MAP NO. 19962- 1, M. B. 3_ f_0/ - nT 19 1" IP & TAG ( P. L. S. 7635) TO BE SET PER TRACT MAP NO. 19962- 2, M. B. 0/- 344
82 LOTS & LOTS " A", IV% "C" & REMAINDER

34. 03 ACRES GROSS

9. 17 ACRES NET
MADOLE AND ASSOCIATES, INC.

SEE SHEET 2 FOR BASIS OF BEARINGS,

LEGEND, EASEMENT TABLE, MONUMENTATION
NOTES AND SURVEYOR' S NOTES.

SCALE IN FEET
100 1

LINE TABLE
LINE# BEARING LENGTH
L1 N44°18' 48" E 32. 53'
L2 N44' 18' 48" E 24.24'
L3 N51° 05' 09" W 15. 69'
L4 N51' 05' 09" W 32. 94'
L5 N49°25' 46" W 16. 74'
L6 N49' 25' 46" W 13. 30'
L7 N09' 18' 51 " E 42. 71'
LS N3s' 25 as ',": 18. 36
L9 N8918' 48" E 11. 00'
L10 N89' 18' 48" E 7. 00'

LINE TABLE
LINE# BEARING LENGTH
L11 N44' 18' 48" E 21. 21'
L12 N89' 18' 48" E 30. 00'
L13 N89' 18' 48" E 30. 00'
L14 N89' 18' 48" E 60.00'
L15 N45°41' 12" W 21. 21'
L16 N42' 40' 26" W 26.91'
L17 N42°40' 26" W 11. 96'
11R AIA2 W * An") C"
IVT Tl/ G V 1 1 A
s
I T. . 1
L19 N00' 41* 12" W 60.00'
L20 N0918 51 E 5. 59

CURVE TABLE
CURVE# DELTA RADIUS LENGTH TANGENT
C1 4' 57' 15" 330. 00' 28. 53' 14. 28'
C2 1' 26' 16" 100. 00' 2. 51' 1. 25°
C3 3' 13' 56" 100. 00' 5. 64' 2. 82'
C4 14' 14' 51" 70.00' 17. 41' 8.75'
C5 37' 34' 49" 70.00' 45. 91' 23. 82'
C6 34'22' 39" 70. 00' 42. 00' 21. 65'
C7 13'30' 41" 70. 00' 16. 51' 8. 29'
C8 10' 00' 03" 100. 00' 17. 45' 8.75'
C9 21 ° 18' 19" 300. 00' 111. 55' 56. 43'
C10 14' 32' 08" 270. 00' 68.50' 34.43'
C11 99' 43' 00" 70. 00' 121. 83' 83. 01'
C12 4°40' 12" 100. 00' 8. 15' 4.08'
TRACT N0. 19962
IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA.

BEING A SUBDIVISION OF THE REMAINDER LOT OF TRACT N0. 19962- 2 AS PER MAP FILED IN BOOK ESQ, PAGES 5-L THROUGH 58 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN SECTION 19, TOWNSHIP t NORTH, RANGE 5 WEST, SAN BERNARDINO MERIDIAN ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF.

ARBORETUM AVENUE19
N89' 18' 49" E 1027. 56'
V 609. 06' -
19 LaU
NAll Q ® v0
418. 50'

GARDENS STREET M
y. z .

SEE 17 ' SHEET 3 OF 5 SHEETS
SHEET 3
r
DECEMBER 2016 I
t °
o
t
I
9F
I %

SECTION
LINE
I (
N89' 38' 02" E 663. 91 ---
NQO° 41' 54" W
I 19 I

23.53'
SEE DETAIL "
Bvv
HEREON
J•
J
i
I- T I -. . IoIO \ 41. 86' 59. 00' 59. 12' y'ly
Lc) TRACT No ° 19962 - 2
N89' 1$' 49" E 159. 98'
04 0 3 i z '

67. 00 ti
LLJ
III
B
o
13I /}
gyp B9®
I
I o
f N N' W
N89 -18' 49" E
p8A ` 9Qasst
I V IJ 6d ® -< z
O 1 ' 2 3
W (
C' 68' z (
5, 128 SF' ( 5, 325 SF)
m (
6, 850 :; 4
I
34 34
L18
r. SF) z
r
h (
7, 327
S
1,
L17 C2 C3 ( SF) , " -
L6
Ir _ 1_ _-- I `
v 6' 51. 00' 28.00' C1 42. 71 " C4 _ , 16®
O
W

79. 00 ' N89-35' 51 E
a N 89' 18 48ELo C12
N89°18 48 E 299. 00 19 "
o
N89°18' 48" E N4' 16' 03" E R PRC 5
Qr
Z 19 _ _
z
131. 00'
NO
rn
4zz Z:4UJI - 247. 00'

52.00'
o,
0 79. 00'
Zo C9 ( 6, 943 SF)
WBE Y STREET ' ® Ll '
z - -
N89°18°48" E DE BERRY ST N85°48' 10" EtD)

79. 00 C10 REST _ - -

75.00' `
j L14

75.00 L9 N13 gQ•56„ ` w' , N89°18' 48" E 82. 63'
N89' 18' 48" E S E( r e
R2 0
4, 838 SF)
N8918' 48" E 90. 00'
0 81
3 _
Lo (
4, 500 SF)
eLo
N °
N89' 18' 48" E 90. 00'
TRACT 19961 56
17 '
i
z _
N89°36' 51 " E 1328. 34' 0 8 0
0 SEC LINE - - - - -- ( 4, 500 SF)
Lo
ti
3 a 5
N89° 18' 48" E 90. 00'
C)
NCAR G^
j - o c 0 79 cD
4yLo( 4, 500 SF)
fit- N89' 18' 06" E 46.00' t , C° l Lf) Q 4 N89' 18' 48" E 90. 00'

0.07'
CENTER LINE SEC. 19 - - 78 o
TRACT Ig° ° 2-2N ( 4, 500 SF)
4 0.09'
N_89' 37' 46" E 2637.06'- _ _ _ 663.9l' 4-- _ 3 N89° 18' 48" E 90. 00' SEC. LINE -'°` 1325. 36' - i 66400'-'°-- CD -
I 23. 53' N89' 38' 02" E - 07 7
652 17r- 1- N89°18' 49" E 1027. 56
53' Q `' ( 4, 500 SF)

L GARDENS
10 -
N89° 18' 48" E 90. 00'

STREET I
f-_--
0 76 I ^ z co
TRACT BOUNDARY o ! "' ( 4, 500 SF)
N89°18' 49" E 46. 00' z
5- 45. 90'
m _ _
N89' 1 8' 48" E 90. 00'
clI I S

0.10'
P. Cl
0 c
75 t 0. 09' n
5 N89° 39' 13" E 663. 94'- 4-
SEC.

63. 94'- 4 - (
4, 500 SF)
SEC. LINE ? - - - - - - - - - - N89°1848" E 90. 00'
f o REMAINDER cog
0 74
CD , moo n
6 zI ( 4, 500 SF)
N89' 39' 13" E 663.6l'- 4- ` _ - _
N89' 18' 48" E 90. 00'
DETAIL " B" 7.T
SEE SHEET 4
L13
o
0 0
0 o
CO
L12
50 a
I
60'
6 Cl
3O' 30'
5, 206 SF) Co
4, 534 SF)
Lo
W

90. 00'
I
w
N89' 18' 48" E 90. 01' N89' 18' 48" E 180. 00'
0 0
0 0 49 0
30'
co
i
0 0
Q
D
4, 500 SF)
4, 500 SF)
V)
4, 605 SF

90. 00' 90. 00°
C7 1
N89' 18' 48" E 92. 50' N89' 18' 48" E 180. 00'
rn rn
r opo r0
N tat N
4, 500 SF)
rn
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C)
z O z z
o
4, 625 SF)
Lo

90. 00' 90. 00'
60' 1
30' 30'
t
I
t
i
I
N89° 18' 48" E

46.0 i
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t
t
I
0 46'
I
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t
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N
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p I
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go
t
Lo
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o t 0
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0 0
D
5,
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466

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CENTER LINE
SECTION 19
345
82 LOTS & LOTS " A", " B", " C" & REMAINDER

34.03 ACRES GROSS

9. 17 ACRES NET
MADOLE AND ASSOCIATES, INC.

SEE SHEET 2 FOR BASIS OF BEARINGS,

LEGEND, EASEMENT TABLE, MONUMENTATION
NOTES AND SURVEYOR' S NOTES.
19962
SHEET 4 OF 5 SHEETS
IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA.

DECEMBER 2016
BEING A SUBDIVISION OF THE REMAINDER LOT OF TRACT NO. 19962- 2 AS PER MAP FILED IN BOOK PAGES THROUGH OF MAPS, GARDENS STREET - IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN SECTION 19, TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO SEE SHEET 3 SEE MERIDIAN ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF. g®
Q 7 3 SHEET 2
3060'
30'® p 00'
30'
a'
30'
J
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90.00 N89' 18' 48" E 180. 00'
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n
i o `D
g o 74 O O 59 -
0 42
0 0 14 ®
z ©
N89°40' 12" E
el ( ( 4, 500 SF) '
oCD (
4, 625 SF) ' 46.00'
663.61' -
4 500 SF) ( 4, 500 SF)

SCALE I N FELE

DELTA RADIUS
rn
o0 00
308. 00'
s

90.00'
z
C14

90.00'
308. 00'
o
00 4
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10° 28' 32" 308. 00' 56. 31' 28. 23'
C16 10' 28' 32"
100 150 200

58. 14'
N89' 18 48 E 90. 00
C17 4' 45' 55
co

29. 28' 14. 65'
N8918 48 E
5° 42' 37" 352. 00'
180.00

17. 55'
C19
r o

64. 36'
N89' 18 48 E 92. 50
C20 10' 28' 32" 342. 00' 62. 53'
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73 0
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N N W

CURVE TABLE
CURVE# DELTA RADIUS LENGTH TANGENT
C13 5°35' 05" 308. 00' 30.02' 15. 02'
C14 4' 5327" 308. 00' 26. 29' 13. 15'
C15 10° 28' 32" 308. 00' 56. 31' 28. 23'
C16 10' 28' 32" 318. 00' 58. 14' 29. 15'
C17 4' 45' 55 352.00' 29. 28' 14. 65'
C18 5° 42' 37" 352. 00' 35.08' 17. 55'
C19 10' 28' 32" 352. 00' 64. 36' 32. 27'
C20 10' 28' 32" 342. 00' 62. 53' 31. 35'
C21 4°05' 22" 100. 00' 7. 13' 3. 57'
C22 5'54' 40" 100. 00' 10. 32' 5. 16'

LINE TABLE
LINE# BEARING LENGTH
L21 No0' 41' 12" W 20. 03°
L22 N84°03'03" E 23. 11'
L23 N89' 42' 58" E 9. 51'
L24 N40°11' 50" W 32. 06'
L25 N80°41' 09" W 5. 48'
L26 N80°41' 09" W 37. 23'
L27 N80°41' 09" W 42. 71'
L28 N44°18' 48" E 21. 21'
L29 N45°41' 12" W 21. 21'
L30 N44' 18' 48" E 21. 21'
L31 N41° 18' 02" E 26. 91'
L32 N41' 18' 02" E 11. 96'
L33 N41* 18' 02" E 14. 95'
L34 N85°25' 01 " W 13. 04'
L35 N85' 25' 01 " W 10. 04'

CURVE TABLE
CURVE# DELTA RADIUS LENGTH TANGENT
C23 10°00' 02" 100. 00' 17. 45' 8. 75'
C24 48' 38' 41" 70. 00' 59. 43' 31. 64'
C25 28' 31' 57" 70.00' 34. 86° 17. 80'
C26 30' 35' 00" 70.00' 37. 36' 19. 14'
C27 110°00' 05" 70. 00' 134. 39' 99. 97'
C28 10°00' 03" 100. 00' 17. 45' 8. 75'
C29 7°41' 32" 100. 00' 13. 43' 6. 72'
C30 2°18' 31" 100. 00' 4. 02' 2. 01'
C31 2°14' 27" 70.00' 2. 74' 1. 37'
Cl CD
4, 500 SF)
W {
4, 500 SF) ® (
4, 500 SF)
Cl (
4, 625 SF) `
o *
a < C
0 N89' 18' 48" E 90. 00'

90. 00' 90. 00'
Z
z z
N89°18' 48" E 180. 00'
j
N89' 18' 48" E 92. 50'
71 0 ®' 62 a 39 0 17 o a
4, 500 SF) ( 4, 500 SF)
o ( 4, 500 SF)
i "' ( 4, 625 SF) "'
C--

90. 00° 90. 00'
Q 0U
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A
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t w inn crl o ,.
nr, cr! o t A rnn rl Ln '
n (

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r, Jvv Si
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0 69 64 37 0
0 19 a
Lo
Lo, !
o
o ( 4, 625 SF)
cD
I
e (
4, 500 SF) ( 4 500 SF)
Lo ( 4'
90 SF)
Lo
4 3( N89°18' 48" E 92. 50'
LLJ 4)
g
ix (
N89° 18' 48" E 90. 00
N89' 1 8' 48" E 180. 00' 20 J
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p-- ® 0 0
0 0 60' (
4, 610 SF) t
46 W moo to 68 o
6 5 0
36 cD N85°06' 07° W( R , °
FQ o
4 (
4,950 SF)
I
T' (
4, 500 SF) (
4, 500 SF) '
30' 30' C21 N85' 13' 26" E( R)
o
Z l 90. 00 90. 00 (
co
tna `- , " , ,
w
N89° 18' 48" E 90. 00' N89° 18' 48" E 180. 00'
w N89' 18 48 E 90. 78 U
60'
C22
60,
30' 30'
cj
a o 3 5
a 21
a , 30' a
67 66 " (
4, 539 S. F.) v ` PRC
2' 40" W R
30 co ( 5, 736 SF) I ( 5, 558 SF) ( 5, 558 SF)
C31 N89°18' 48" E v N
N89' 18' 48" E
I 19

75. 00' 75.00'
y ( _ _ _

73.89' ,

75. 00'
N89' 1 8' 48" E 150. 00'
i' o N84°58' 35" W( R) «
N89' 18' 48" E o LANTANA
o , STREET 591. 55' ,' _ _ _ _ " 57'
18 _
104. 55' 127. 00' - - 120.00 - -
240. 00 - -
i

58./
N89° 18' 48" E 231. 55' ®
360.00' o " ,/ 22 00
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i9 `
oo N89' 18' 48" E 437. 97' ` ;
11 ° 3719 E R
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0 258.
00 42

42. 00 50. 00 50. 00 50. 00 50. 00 50. 00 50. 00 50. 00 45. 97 C28
Gbh
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C30

68. 18' co
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N49°48 06 W( R)
a 3
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a cri eri ca `
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68' 34
0 33 32
Q
31 30 29 28 27 26 25 24 `
23 R 31: 3 3 3 3 3 3
3 3
c-3 '
r
CD
N- N ( 5, 124 7- (5, 184 ( 5, 201 r (5, 219 { 5, 237 ( 5, 254 ( 5, 272 ( 5, 289 ( 5, 307 ( 6, 666 SF) (
7, 759 SF)
z
Z (
5 142
r ;
C
I ® I -
o
SF)
o
SF)
o
SF) ® SF)
o
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o
SF)
o
SF)
a
SF)
o
S. F.) Q °.,
o
Q
moo 13 z - z
z z z z z z z z z z
L23
57'
cv L34
z
00,
p > L35 37. 02' 50. 00 50. 00' 50.00' 50. 00' 50.00'- 50. 00' 50. 00' i 50.00'- 50.00' 92. 15° - o
8 N89' 42 59 E 713. 08
00 0
C)
N85'25' 01 " W 000. ` a)
C14
00 w - - - - - - -

CASA GRANDE AVENUE
N89°42' 59" E 770. 07'- - - - - -
18 - -
CENTER LINE SECTION 19 T. 1N.

SOUTH LINE OF THE NORTH o 3 C 114
HALF OF SECTION 19 `
D
1g
N89°42' 59": - 1321. 41'
R. E.
346
82 LOTS & LOTS " A

34.03 ACRES GROSS

9. 17 ACRES NET
B", " C" & REMAINDER
MADOLE AND ASSOCIATES, INC.

TRACT N0. 19962
IN THE CIN OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA.

BEING A SUBDIVISION OF THE REMAINDER LOT OF TRACT N0. 19962- 2 AS PER MAP FILED IN BOOK 350 PAGES fY THROUGH OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN SECTION 19, TOWNSHIP t NORTH, RANGE 5 WEST, SAN BERNARDINO MERIDIAN ACCORDING TO THE OFFICIAL GOVERNMENT PIAT THEREOF.

SIGNATURE OMISSIONS;
PURSUANT TO THE PROVISIONS OF SECTION 66436 OF THE SUBDIVISION MAP ACT, THE FOLLOWING SIGNATURES HAVE BEEN OMITTED:

1. UNITED STATES OF AMERICA, HOLDER OF AN EASEMENT FOR RIGHT OF WAY FOR DITCHES AND CANALS, RECORDED DECEMBER 7, 1900 IN BOOK " F" OF PATENTS, PAGE 365. CANNOT BE PLOTTED FROM RECORD.

2. JAMES R. JOHNSON AND MILDRED E. JOHNSON, HOLDERS OF AN EASEMENT FOR INGRESS, EGRESS AND INCIDENTAL PURPOSES, RECORDED MAY 6, 1955 IN BOOK 3638, PAGE 59, O. R.

3. WALTER G. STAFFORD AND VIOLET E. STAFFORD, HOLDERS OF AN EASEMENT FOR INGRESS, EGRESS AND INCIDENTAL PURPOSES, RECORDED MAY 6, 1955 IN BOOK 3638, PAGE 63, O. R.

4. B. C. INVESTMENT CO., LTD., HOLDER OF AN EASEMENT FOR INGRESS, EGRESS AND INCIDENTAL PURPOSES, RECORDED OCTOBER 18, 1957 IN BOOK 4349, PAGE 358, O. R.

5. AS RESERVED IN DEED FROM JAMES R. JOHNSON AND MILDRED E. JOHNSON TO A. K. BERRY AND ELIZABETH H. BERRY, ONE- HALF INTEREST IN AND TO ALL OIL, MINERALS, ASPHALTUM AND HYDRO - CARBON SUBSTANCES LYING BELOW THE DEPTH OF 500 FEET FROM THE SURFACE OF SAID LAND, RECORDED NOVEMBER 25, 1957 IN BOOK 4376 AT PAGE 205, O. R.

SHEET 5 OF 5 SHEETS
DECEMBER 2016
347
348
349
350
351
352
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2233 Agenda Date: 6/13/2023
Agenda #: M. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve a Second Bond Reduction for Tract No. 20153 (Perimeter and Backbone/Spine Improvements) within the Summit at Rosena Specific Plan.

RECOMMENDATION:

Approve a second reduction of the Faithful Performance and Labor and Materials bonds posted by CalAtlantic Group, Inc., a Delaware corporation for Tract No. 20153 (Perimeter and Backbone/Spine Improvements), located west of Sierra Avenue, north of Summit Avenue, east of Cypress Avenue, and south of Casa Grande Avenue within the Summit at Rosena Specific Plan.

COUNCIL GOALS:
· Promote economic development by being business friendly at all levels and striving to constantly improve the city's competitiveness.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.

DISCUSSION:

Tract No. 20153 (Perimeter and Backbone/Spine Improvements) is located west of Sierra Avenue, north of Summit Avenue, east of Cypress Avenue, and south of Casa Grande Avenue within the Summit at Rosena Specific Plan. As a requirement of the Subdivision Map Act and as a condition of development, CalAtlantic Group, Inc., a Delaware corporation posted bonds to secure 100% of the installation of all public infrastructure for the residential tracts. Currently, the developer has completed the majority of the street improvements and public infrastructure. The City Council of the City of Fontana, at the regular meeting on October 22, 2019, approved the request for a 50% reduction in securities from CalAtlantic Group, Inc., a Delaware corporation for the public improvements required for Tract No. 20153 (Perimeter and Backbone/Spine Improvements).

This action will authorize an 80% reduction in securities from the original securities to an amount sufficient to guarantee the completion of all remaining street improvements and public infrastructure work as follows:

Tract No. Bond No. Bond Amount Reduce To
20153 (Perimeter Improvements) SU1154846 $13,463,356.14 $2,692,671.23 20153 (Backbone/Spine Improvements) 9311301 $8,165,468.25 $1,633,093.65 City of Fontana Page 1 of 2 Printed on 6/7/2023
powered by Legistar™353
File #: 21-2233 Agenda Date: 6/13/2023
Agenda #: M. Category: Consent Calendar
FISCAL IMPACT:

This action will only authorize the reduction of the posted bond, therefore there is no fiscal impact to City resources at this time.

MOTION:

Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 6/7/2023
powered by Legistar™354

TRACT MAP NO. 20153

CITY OF FONTANA, CALIFORNIA
City of Fontana
Department of Engineering, Land Development Section
Regular City Council Meeting
355

357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383
384
385
386
387
388
389
390
391
392
393
394
395
396
397
398
Revised – KE -9/17/20

SUBDIVISION IMPROVEMENT AGREEMENT
Tract Map No.: 20153
THIS AGREEMENT is between the City of Fontana, a municipal corporation, County of San Bernardino, State of California ("City") and CalAtlantic Group, Inc., a Delaware corporation ("Subdivider"):

WHEREAS, the application for tentative Tract Map No. 20153 (TTM No. 18-001), was conditionally approved on July 17, 2018; and
WHEREAS, Subdivider is the owner of that certain parcel of land defined by the Final Map and Subdivider proposes to do and perform certain work of improvement thereon as set forth in this agreement; and
WHEREAS, City desires to assure that the proposed improvements will be done in a good workmanlike manner and in accordance with the laws and standards now in force and effect in the City, the terms and conditions of which are incorporated herein by reference; and WHEREAS, Subdivider declares acknowledgement the pertinent regulations contained in the City Code and in the Subdivision Map Act (Government Code Sections 66410 to 66500) and agrees to comply therewith; and
WHEREAS, a Final Map of the subdivision, prepared in accordance with the City's Subdivision Ordinance, has been filed by Subdivider with City for approval by the City Council; NOW THEREFORE, in consideration of the approval and acceptance of the Final Map by the City Council and the acceptance of easements therein offered for dedication for street, utility, and other public purposes and the covenants herein contained, the parties hereto mutually covenant and agree as follows:

1. General requirements:

Subdivider shall, at its own cost and expense, provide all required tests, design work, equipment, materials and labor in order to complete all of the improvements as associated with the requirements per the approved project or to the satisfaction of the City Engineer of the City of Fontana.

All required improvements have an estimated cost of construction totaling eight million one hundred sixty five thousand four hundred sixty eight and 25/100 ($8,165,468.25) as shown on Exhibit "A". Improvements are shown on approved plans on file with City Engineer.

The estimated cost of construction set forth in Exhibit “A” is for estimation purposes only, and for calculation of the amount of securities DocuSign Envelope ID: 032EA600-CAC0-41C6-948E-AFF8F432A22D 399
Revised – KE -9/17/20
required pursuant to the provisions of section (2), below. Subdivider’s obligation to complete the improvements, or any portion of them, is not limited in any way by the estimated cost of construction, and the obligation of Subdivider’s surety in connection with the securities required pursuant to the provisions of section (2), below.

2. Security:

Subdivider shall, at all times, guarantee its performance of this agreement by furnishing to City and maintaining good and sufficient security as required by the State Subdivision Map Act on forms approved by City for the purposes and in the amounts as follows:
a. To ensure a faithful performance of this agreement in regard to the improvements in the amount of 100% of the estimated cost of construction of the improvements; and
b. To secure payment to any contractor, sub-contractor, persons renting equipment or furnishing labor or materials for the improvements required to be constructed or installed pursuant to this agreement in the additional amount of 100% of the estimated cost of construction of the improvements; and
c. To guarantee or warranty the work done pursuant to this agreement for a period of one (1) year following acceptance thereof by City Council of the City of Fontana against any defective work or labor done or defective materials furnished in the amount of 20% of the estimated cost of construction of the improvements; and
d. To warranty the setting of required subdivision monuments within oneyear following recordation of the Final Map in the amount of 100% of the estimated cost of setting subdivision monuments as shown in Exhibit "A". e. To guarantee the landscape maintenance of all landscape improvements for a period of one year (1) year following acceptance of thereof by the City.

The securities required by this agreement shall be kept on file with the City Clerk.

The terms of the security documents required by this agreement are hereby incorporated in this agreement by reference and copies attached hereto.

The security, which guarantees performance, can be released upon acceptance of the improvements by the City Council. The security which guarantees payment to contractor, sub-contractors and to persons furnishing labor, materials or equipment will be released 6 months after acceptance of the improvements by the DocuSign Envelope ID: 032EA600-CAC0-41C6-948E-AFF8F432A22D 400
Revised – KE -9/17/20
City Council, less the total of all claims to which the City has been given proper notice.

Securities may be released upon the final completion and acceptance of the work subject to the provisions herein. The City Council, in its absolute discretion, may release a portion of the security given for faithful performance of the improvement work as the improvement progresses upon application thereof by the Subdivider.

3. Time of Completion:

All of the required improvements shall be completed within 24 months from the effective date of this agreement. If the work is not completed within the specified time period because of acts of God, the public enemy, the City, or because of fire, flood, epidemic, quarantine restrictions, strikes or freight embargoes, the Subdivider shall be entitled to an extension beyond the specified time period for a period equal to the length of such delay within ten days from the beginning of such delay.

In addition to the extension for the reasons referenced in the foregoing paragraph, Subdivider may submit a written request, Exhibit “B”, for a discretionary extension of the time for completion of the improvements to the City Engineer.

The City Engineer may grant or reject such extension, in whole or in part or with conditions, in his sole discretion. If an extension of time is granted it shall in no way affect the validity of this contract or release the surety on the securities referenced herein.

In the event that Subdivider fails to complete the improvements within the required period or any approved extension, the City may complete the work and shall be entitled to recover the full cost and expenses thereof from Subdivider, or his surety as herein provided. If City pursues completion of the improvement work, it may require Subdivider, or his surety, to pay the City in advance, sufficient monies to cover the City's cost in completing construction of the improvements.

Any limitations period provided by law related to breach of this Agreement or the terms thereof shall not commence running until Subdivider, or Subdivider’s surety pursuant to Section 2 of this Agreement, has provided the City Engineer with written notice of Subdivider’s intent to abandon or otherwise not complete the improvements.

4. Effective Date of Agreement:

This Agreement shall not become effective unless and until the Subdivision Map has been approved by the City Council of the City of Fontana and also accepted DocuSign Envelope ID: 032EA600-CAC0-41C6-948E-AFF8F432A22D 401
Revised – KE -9/17/20
the Final Map for recordation by the County Recorder of the County of San Bernardino.

5. Utility Deposits - Statements:

Prior to the commencement of any work to be performed within the area delineated on the Final Map, the Subdivider must file a written statement with the City Clerk and the City Engineer, signed by the Subdivider, and each public utility involved, to the effect that Subdivider has made all deposits legally required by such public utility for the connection/extension of any and all public serving utilities to be provided to or within the subdivision.

6. Permits - Compliance with Law:

Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses, pay all charges, fees and taxes, and give all necessary and incidental notices to the due and lawful prosecution of the work.

7. Definition and Ownership of Improvements:

The term "improvements" means: grading, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities as shown in detail upon plans, profiles and specifications which have been prepared or are now in final preparation by engineers acting for Subdivider subject to approval by the City Engineer of the City of Fontana. No work on the improvements shall be commenced until plans and/or profiles therefore have been submitted, approved and permitted by the City Engineer. All required public improvements constructed or installed pursuant to this Agreement shall become the sole exclusive property of the City, without payment therefore, upon acceptance of the improvements by the City Council.

8. Obligations of Subdivider:

Notwithstanding the fact that Subdivider's plans and specifications, completion of the work, and other acts are subject to approval of the City, it is understood and agreed that any approval by the City thereof shall in no way relieve Subdivider of satisfactorily performing all work on the related obligations hereunder. The construction shall be done strictly in accordance with the plans and specifications prepared by Subdivider or its engineer, and as approved by the City as being consistent with the City Code and Standards. Subdivider warrants that its plans and specifications conform as a minimum to all City codes and standards and that they are adequate to accomplish the work in a good workmanlike manner and in accordance with responsible construction practices.

DocuSign Envelope ID: 032EA600-CAC0-41C6-948E-AFF8F432A22D 402
Revised – KE -9/17/20

9. Superintendence by Subdivider:

Subdivider shall personally supervise all work involved in the improvements, or shall designate a competent foreman or superintendent, satisfactory to the City Engineer, to supervise the work at all times during progress, with authority to act for Subdivider. In the event satisfactory superintendence is not being exercised by the Subdivider, the City Engineer may order suspension of all work within the subdivision until the deficiency is adequately corrected.

10. Repair and Replacements:

Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement or repairs, for all survey monuments or for any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or by the City or by any public or private corporation, or by any person whomsoever or by combination of such owners. Any such repair or replacement shall be completed in a reasonable manner and subject to the approval of the City Engineer and affected property owner.

11. Inspection by City:

Subdivider shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work and to the shops where the work is in preparation. The cost of inspections shall be paid by the Subdivider.

12. Approval by City Engineer.

All required improvements shall be constructed under the inspection of and subject to approval of the City Engineer. Therefore, it is mutually agreed by the parties hereto that the City Engineer shall have the right to reject any or all of the work to be performed under this contract if such work does not conform to the plans and specifications set forth herein or the City's Codes and standards. Any damage to the improvements (existing or new) that occurs during the course of work performed under this Agreement shall be repaired or replaced, by the Subdivider, to the satisfaction of the City Engineer before the final acceptance of completed work and release of security.

13. Liability for Performance Injury or Damage:

Neither the City nor any of its officers or agents shall be liable to Subdivider or its contractors for any error or omission arising out of or in connection with any work to be performed under this contract. Additionally, the City shall not be liable to the Subdivider or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any DocuSign Envelope ID: 032EA600-CAC0-41C6-948E-AFF8F432A22D 403
Revised – KE -9/17/20
cause whatsoever in, on, or about the subdivision of said land covered by this Agreement, or any part thereof.

14. Indemnification and Release:

Prior to the commencement of any work pursuant to this contract, Subdivider's contractors shall furnish to City satisfactory evidence of an insurance policy written upon a form and by a company (which meets with the approval of City) insuring City, its officers, agents, and employees against loss or liability which may arise during the work or which may result from any of the work herein required to be done, including all costs of defending and claim arising as a result thereof. Minimum liability and property damage insurance shall not be less than $250,000 for all damages arising out of bodily injury to a death of one person and not less than $1,000,000 for all damages arising out of bodily injuries to or death of more than one person in any occurrence; and not less than $250,000 for all damages and/or destruction of property in any one occurrence and not less than $500,000 for all damages and/or destruction of property during the policy period.

Such policy shall be in favor of Subdivider or its contractors and of the City, its officers, agents, and employees and shall be maintained in full force and effect during the life of this contract. The policy shall state by its terms and by an endorsement that it shall not be cancelled until City shall have had at least ninety (90) days' notice in writing of such cancellation.

The Subdivider hereby releases and agrees to indemnify and save the City harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage and liability, howsoever the same may be caused and whensoever the same may appear, resulting directly or indirectly from the performance or non-performance of any of or all work to be done in and upon premises adjacent thereto pursuant to this Agreement, and also from any and all injuries to and deaths of persons and injuries to property or other interests and all claims, demands, costs, loss, damage, and liability, howsoever same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the Subdivider, the Subdivider's agents, employees, and sub-contractors, while engaged in the performance if the work.

15. Liability of Subdivider:

The Subdivider agrees that the use for any purpose and by any person of any and all of the streets, easements and improvements herein specified shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City of the completed street and other improvements thereon and therein; provided that acceptance by the City shall in no way eliminate or lessen any of Subdivider's obligations or undertakings contained in this Agreement. The issuance of any occupancy permits (if granted) by the City for buildings located within the subdivision shall not be construed in any manner to constitute an DocuSign Envelope ID: 032EA600-CAC0-41C6-948E-AFF8F432A22D 404
Revised – KE -9/17/20
acceptance and approval of any or all of the required improvements in said subdivision.

16. Relationship of Contractors:

It is hereby mutually covenanted and agreed by the parties hereto that Subdivider's contractors are not agents of the City, if any, are those of independent contractors.

17. Repair or Reconstruction of Defective Work:

If, within a period of up to one year after City Council acceptance of the improvement work performed under this Agreement, any of the improvements for work done under this Agreement fails to fulfill any of the requirements of this Agreement, or the specifications referred to herein, Subdivider shall without delay and without any cost to the City (upon receipt of written notice from the City), repair or replace or reconstruct any defective of otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before Subdivider can be notified, City may, at its own option, make the necessary repairs or replacements or perform the necessary work and offset that amount against any security pledged by Subdivider for faithful performance, labor and materials, or warranty obligations under this agreement.

18. Warranty:

Without limiting the foregoing, Subdivider warrants and guarantees: materials used and workmanship performed on said work for a period of one (1) year after completion and acceptance thereof by the City, and the setting of all required Final Map monuments.

19. Assignment:

This agreement shall not be assignable by Subdivider without written consent of City.

DocuSign Envelope ID: 032EA600-CAC0-41C6-948E-AFF8F432A22D 405
Revised – KE -9/17/20
IN WITNESS WHEREOF, this agreement shall for all purposes be deemed an original thereof, having been duly executed by the Subdivider herein named on the 7th day of May, 2020 being duly signed by its undersigned representative(s) pursuant to authority of its governing body.

SUBDIVIDER CITY OF FONTANA
CalAtlantic Group, Inc.,
a Delaware corporation
By: By:

Geoff Smith, Authorized Agent Mark Denny, City Manager
VP of Forward Planning
Attest:

Tonia Lewis, City Clerk
APPROVED AS TO FORM:

By:

Ruben Duran, City Attorney
APPROVED AS TO CONTENT:

By:

Ricardo Sandoval, City Engineer
Attachments: (1) Exhibit "A" – Cost Estimate
(2) Exhibit "B" – Time Extension
(3) Securities
DocuSign Envelope ID: 032EA600-CAC0-41C6-948E-AFF8F432A22D 406
Revised – KE -9/17/20
Exhibit “A”
INSERT ENGINEER’S

COST ESTIMATE

IN THIS SPOT
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5/7/2020
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5/7/2020
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5/7/2020
DocuSign Envelope ID: 032EA600-CAC0-41C6-948E-AFF8F432A22D 425
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DocuSign Envelope ID: 032EA600-CAC0-41C6-948E-AFF8F432A22D 428
DocuSign Envelope ID: 032EA600-CAC0-41C6-948E-AFF8F432A22D 429
DocuSign Envelope ID: 032EA600-CAC0-41C6-948E-AFF8F432A22D 430
Certificate Of Completion
Envelope Id: 032EA600CAC041C6948EAFF8F432A22D Status: Completed Subject: Lennar Homes - Subdivision Improvement Agreement (TR#20153-Backbone) Source Envelope:

Document Pages: 32 Signatures: 5 Envelope Originator:

Certificate Pages: 5 Initials: 0 Purchasing Office
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
8353 Sierra Avenue
Fontana, CA 92335
[email protected]
IP Address: 192.146.186.96
Record Tracking
Status: Original
10/29/2020 5:21:16 PM
Holder: Purchasing Office
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Geoffrey Smith
[email protected]
Director of Operations
Lennar
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 99.57.180.204
Sent: 10/29/2020 5:22:18 PM
Viewed: 10/29/2020 6:20:03 PM
Signed: 11/2/2020 6:59:09 PM
Electronic Record and Signature Disclosure:

Accepted: 4/30/2018 3:01:47 PM
ID: e44504f7-9217-4c4f-befa-3120779fd169
Ricardo Sandoval
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 192.146.186.96
Sent: 11/2/2020 6:59:12 PM
Viewed: 11/3/2020 8:41:45 AM
Signed: 11/3/2020 8:41:52 AM
Electronic Record and Signature Disclosure:

Accepted: 11/3/2020 8:41:45 AM
ID: aeff4584-2600-4335-bef2-f0bb9c63f33c
Ruben Duran
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 74.116.243.2
Sent: 11/3/2020 8:41:55 AM
Viewed: 11/7/2020 9:14:58 AM
Signed: 11/7/2020 9:15:20 AM
Electronic Record and Signature Disclosure:

Accepted: 11/7/2020 9:14:58 AM
ID: a375e3f4-9add-48ee-af0d-7944753e7326
Mark Denny
[email protected]
City Manager
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 192.146.186.96
Sent: 11/7/2020 9:15:23 AM
Viewed: 11/9/2020 11:51:22 AM
Signed: 11/9/2020 11:51:54 AM
Electronic Record and Signature Disclosure:

Accepted: 11/9/2020 11:51:22 AM
ID: b1055f28-524e-4b44-835d-593882961ab0
431
Signer Events Signature Timestamp
Tonia Lewis
[email protected]
City Clerk
City of Fontana
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 76.218.56.24
Signed using mobile
Sent: 11/9/2020 11:51:57 AM
Viewed: 11/9/2020 12:25:20 PM
Signed: 11/9/2020 12:35:46 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Kathy Kasinger
[email protected]
Records Coordinator
Security Level: Email, Account Authentication
(None)
Sent: 11/9/2020 12:35:49 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Kari Ecoff
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 11/9/2020 12:35:51 PM
Viewed: 11/16/2020 7:24:29 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 10/29/2020 5:22:18 PM
Certified Delivered Security Checked 11/9/2020 12:25:20 PM Signing Complete Security Checked 11/9/2020 12:35:46 PM Completed Security Checked 11/9/2020 12:35:52 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
432

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Fontana (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document.

Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

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If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

Electronic Record and Signature Disclosure created on: 2/2/2017 6:54:36 AM Parties agreed to: Geoffrey Smith, Ricardo Sandoval, Ruben Duran, Mark Denny 433
How to contact City of Fontana:

You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:

To contact us by email send messages to: [email protected] To advise City of Fontana of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address..

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To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to [email protected] and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any.

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To inform us that you no longer want to receive future notices and disclosures in electronic format you may:
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** These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent.
434
Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below.

By checking the 'I Agree' box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and
• Until or unless I notify City of Fontana as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Fontana during the course of my relationship with you. 435
Next: Ord. No. 1816 Reso. No. 2019-142

CITY OF FONTANA AGENDA

REGULAR CITY COUNCIL MEETING
October 22, 2019
Grover W. Taylor Council Chambers
8353 Sierra Avenue
Fontana, CA 92335
7:00 PM
Information in shaded boxes also pertains to meetings directly following the Council Meeting.

Welcome to a meeting of the Fontana City Council. A complete agenda packet is located in the binder on the table in the lobby of the Grover W.

Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335. To address the Council, please fill out a card located at the entrance to the right indicating your desire to speak on either a specific agenda item or under Public Communications and give it to the City Clerk. Your name will be called when it is your turn to speak. In compliance with Americans with Disabilities Act, the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335 is wheel chair accessible and a portable microphone is available. Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection in the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335.

Traduccion en Espanol disponible a peticion. Favor de notificar al Departamento "City Clerk". Para mayor informacion, favor de marcar el numero (909) 350-7602.

ARTIST SHOWCASE:

A. 5:00 P.M. Artist Showcase
Grover W. Taylor Council Chamber and Foyer: Work of Artist David Michael Guerrero.

WORKSHOP:

A. 5:30 P.M. WORKSHOP
City Hall Executive Conference Room:
(A) City Council Communications (City Attorney Ruben Duran to present); (B) Development Impact Fee Study Update and Discussion (Deputy City Manager Debbie Brazill to present);
(C) Agenda Review; and
(D) City Manager Comments.

PUBLIC COMMUNICATION - CLOSED SESSION: