Fontana City Council
January 23, 2024

Tuesday, January 23, 2024
2:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Regular Agenda
Ord. No. 1940 Reso. No. 2024-001
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
1 City Council Meeting Regular Agenda January 23, 2024
Welcome to a meeting of the Fontana City Council.

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

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

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

The City of Fontana is committed to ensuring a safe and secure environment for its residents to engage with the government. No oversized bags or backpacks (size limit of 14”x14”x6”) will be allowed inside the Council Chambers. All bags are subject to search. Face masks are prohibited in the Council Chambers, but clear masks will be provided upon request to accommodate individuals with medical needs, ensuring their safety and well-being. Before entering the Council Chambers, you may be subject to a metal detector screening. The City Manager retains the discretion to grant any exemptions. Fontana aims to provide safe buildings for our community members, employees, and visitors.

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. 1:00 P.M. CLOSED SESSION
A. 1. CONFERENCE WITH LEGAL COUNSEL– EXISTING
LITIGATION (Gov. Code, § 54956.9(d)(1).)
Name of Case: Planned Parenthood /Orange and San
Bernardino Counties, Inc. vs. City of Fontana, Case #
CIVSB2328945
21-2745

2 City Council Meeting Regular Agenda January 23, 2024

2. CONFERENCE WITH LEGAL COUNSEL– EXISTING

LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9 (a)
Name of Case: Catalyst – Fontana LLC vs. City of Fontana, Case # CIVSB2329401

3. CONFERENCE WITH LEGAL COUNSEL – Significant
Exposure to Litigation
Pursuant to Government Code sec. 54956.9(e)(5): One Case CALL TO ORDER/ROLL CALL:

A. 2:00 P.M.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
A. 1. Housing Department Annual Report Presentation, Valerie Gonzales, Housing Development Manager to present.

2. The Southern California Municipal Athletic Federation presents the City of Fontana ’s Community Services
Department with their Golden Shield Award for outstanding contributions to the Federation and awards Community
Services Supervisor Stan Clark with a Special Recognition for excellence in service to the Federation.
21-2748
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:

3 City Council Meeting Regular Agenda January 23, 2024
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 21-2735
Approve the minutes of the December 12, 2023, Regular City Council Meeting.

City Council Meeting Minutes 12-12-2023.pdfAttachments:

B. Adoption of Ordinance No. 1939 (Second Reading) 21-2711 Second Reading / Adoption of Ordinance No. 1939, approving an ordinance of the City Council of the City of Fontana enacting a prohibition on targeted residential picketing.

Ord. No. 1939 docx.docxAttachments:

C. Award bid Construction Contract for Sierra Lakes
Pavement Rehabilitation Project (Bid No. (DE-24-42-SB)
21-2676

1. Award and authorize the City Manager to execute a construction contract with Matich Corporation for the construction of the Sierra Lakes Pavement Rehabilitation Project, the fiscal impact associated with the approval of this item is $1,647,818.00 (37604130-283-F-8330) and authorize a 10% contingency in the amount of $164,781.80 (37604130- 283-F-8331), Bid No. (DE-24-42-SB).

2. Approve and authorize the City Manager to execute all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the Sierra Lakes Pavement Rehabilitation Project.

Bid Results.docx
Matich Bid Details.pdf
Vicnity Map Sierra Lakes Pavement Rehab Project.pdf
Attachments:

D. Final Acceptance of the Kathy Binks Elementary Safe
Routes to School Project
21-2697
Accept as complete the work performed by CT&T Concrete Paving, Inc for the construction of the Kathy Binks Elementary Safe Routes to School Project (#37600024) and approve the final construction amount of $321,737.09 (Bid No. SB-108-DE-23).

Vicinity MapAttachments:

4 City Council Meeting Regular Agenda January 23, 2024
E. Approve and Authorize the City Manager to Execute an Sewer Easement Deed with San Bernardino County Flood
Control as part of the Narra Hills Project
21-2709
Approve and authorize the City Manager to execute an Easement Deed with San Bernardino County Flood Control District for the Narra Hills Project.

Easement Deed Sewer PipelineAttachments:

F. Declaring a Portion of Real Property City-owned on
Oleander Avenue Exempt Surplus Land
21-2710

1. Adopt Resolution No. 2024-001, declaring a portion of real property City-owned on Oleander Avenue Exempt Surplus Land, located between South Highland Avenue and Highland Avenue.

Vicinity and Location _Oleander.pdf
Declaring a Portion of Real Property City-Owned on
Oleander Avenue Exempt Surplus Land 01042024.pdf
Attachments:

G. Lease Agreement for Fire Station 81 21-2712

1. Approve Lease Agreement between the Fontana Fire Protection District and the City of Fontana.

2. Authorize the City Manager and/or his designee(s) to execute Lease Agreement on behalf of the City of Fontana, including extensions and non-material amendments.

Attachment No. 1 - Fontana_ Commercial Lease (Fire
Station No. 81).docx
Attachments:

H. Award a Construction Contract for the Courtplace Housing Development (Infrastructure Improvements) Project
21-2728

1. Award bid and authorize the City Manager to execute a Construction Contract with Weka, Inc. of San Bernardino, CA for the construction of the Courtplace Housing Development (Infrastructure Improvements) Project in the amount of $4,863,524.00 and authorize a 10% contingency in the amount of $486,352.40 (Bid No. DE-24-124-SB).

2. Appropriate $1,779,000 from Storm Drain Fund ( 622), $294,000 from Sewer Capital Projects Fund ( 702), and $648,000 from Circulation Mitigation Fund ( 630) to the Courtplace Housing Development (Infrastructure Improvements) Project (PN0063).

3. Authorize the City Manager to execute any and all utility agreements, utility easements, and any related items on behalf of the City of Fontana for the Courtplace Housing Development (Infrastructure Improvements) Project (DE-24-124-SB).

5 City Council Meeting Regular Agenda January 23, 2024
Vicinity Map (Courtplace Housing Development Project).pdf Summary Bid Results.pdf
Weka Bid Detail Info.pdf
Project Report Summary.pdf
Attachments:

I. 2022 Homeland Security Grant (HSGP) 21-2729
Accept the 2022 Homeland Security Grant Program subrecipient award in the amount $37,919 from the Office of Homeland Security.

Authorize the Chief of Police or his designee to sign all related grant documents including extensions or modifications for the grant; and expend funds as outlined in the grant agreement.

FY2022 HSGP Application Notification Letter.pdf
FY2022 HSGP Law_Fire Jurisdiction Allocations.pdf
Attachments:

J. Police Department Donations July - December 2023 21-2731 Accept monetary and gift donations from multiple donors including community programs, businesses, and citizens.

PD July-Dec 2023 Donation list.pdfAttachments:

K. 2023 Edward Byrne Memorial Justice Assistance Grant
(JAG)
21-2733

1. Approve the Interlocal Agreement with the Town of Apple Valley, the Cities of Adelanto, Barstow, Chino, Colton, Fontana, Hesperia, Highland, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, Victorville, and the County of San Bernardino, concerning distribution of the 2023 JAG in the amount of $58,201.

2. Authorize the City Manager to sign the Interlocal Agreement on behalf of the City of Fontana for the 2023 JAG and any other documents and /or amendments required to comply with this grant award.

JAG 2023 - Acceptance - Unsigned.pdf
JAG 2023 - Interlocal Agreement (MOU) - .pdf
2023 JAG Appendix 1.pdf
Attachments:

L. Police Department Monthly Information Update 21-2736 Accept the Police Department monthly information update for November 2023.

November 2023 Report for City Council Rev.pptxAttachments:

6 City Council Meeting Regular Agenda January 23, 2024
M. Adopt a Resolution to Authorize the City Manager to Award Contract to Custom Craft Flooring of La Verne, California for the Emergency Flooring Repair Work at the Fontana
Senior Center
21-2744

1. Adopt Resolution No 2024-002, a resolution of the City Council of the City of Fontana, recognizing that certain conditions exist with the flooring of the Senior Center requiring emergency repair work. This resolution is made in accordance with Fontana City Code Sec.10- 147(a)(6).

2. Authorize the City Manager, or his designee, to execute a contract with Custom Craft Flooring in the amount of $214,700 with a 10% contingency in the amount of $21,470 for the performance of emergency flooring repair work at the Fontana Senior Center.

Senior Center Flooring Quote.pdf
Resolution.pdf
Attachments:

N. Approve Purchase of Automated Camera Equipment from
Flock Group, Inc.
21-2746

1. Approve the purchase of Automated Camera Equipment from Flock Group, Inc. to be utilized at various locations throughout the City of Fontana.

2. Authorize the Chief of Police or his assigned designee to sign the Order Form and Master Service Agreement.

3. Authorize the Purchasing Department to issue purchase orders as funding become available to Flock Group, Inc ., for the purchase and installation of the Automated Camera Equipment from Federal Asset Seizure Fund #223 or other Fund sources.

Fontana PD x Flock - Updated.pdfAttachments:

O. Option and Purchase and Sale Agreement for City owned property
21-2749

1. Approve the Option and Purchase and Sale Agreement with SA Golden Investments, LLC for city owned land located at the northwest corner of Arrow Boulevard and Sierra Avenue consisting of approximately 21,500 square feet, more specifically described as APN’s 0191-163-26, 0191-163-17, and 0191-163-16.

2. Authorize the City Manager to execute any documents necessary or appropriate to effectuate said approvals and/or agreement.

7 City Council Meeting Regular Agenda January 23, 2024
Fontana - SA Golden Investments Option PSA and Joint
Escrow Instructions
Attachments:

P. Contract with Serviam by Wright LLP to serve as City Prosecutor
21-2753
PROSECUTION CONTRACT-Fontana - Serviam LSA
2024-01 v3.pdf
Attachments:

Q. Acceptance of Fontana’s Downtown Revitalization Grant 21-2754

1. Accept grant funding from the State of California in the amount of $3,000,000 for Fontana’s Downtown Revitalization.

2. Authorize the City Manager to approve budget adjustments to increase revenue and appropriations of $3,000,000 as detailed in the fiscal impact.

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 12:00 P.M. on the day of the meeting. Comments of no more than three ( 3) minutes will be read into the record at the appropriate time during the meeting. If you challenge in court any action taken concerning a Public Hearing item, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City at, or prior to, the Public Hearing.

All Public Hearings will be conducted following this format:
(a) hearing opened (e) oral - favor
(b) written communication (f) oral - opposition
(c) council/staff comments (g) hearing closed
(d) applicant comments (applicant not limited to 5 minutes) A. Quarterly Lien Action for Delinquent Sewer, Rubbish and Weed Abatement Accounts
21-2738

1. Authorize staff to complete and record lien notices against real property for those sewer accounts sixty days or more delinquent as described in Certified Lien List and direct staff to forward recorded liens to the County for collection.

2. Authorize staff to complete and record liens against real property for those rubbish accounts more than ninety days delinquent as described in the Certified Lien List and direct staff to forward recorded liens to the County for collection.

8 City Council Meeting Regular Agenda January 23, 2024

3. Adopt Resolution No. 2024-003, of the City Council of the City of Fontana adopting the statement of unpaid expenses for weed abatement and imposing a lien against real property for payment thereof.

Public Hearing Notice - Rubbish
Public Hearing Notice - Sewer
Public Hearing Notice - Weed Abatement
Weed Abatement Resolution January 2024
Attachments:

B. Master Case No. 23-094 and Specific Plan Amendment No . 23-003 - An Ordinance of the City Council of the City of Fontana, California, approving Specific Plan Amendment
No. 23-003 to modify the West End Specific Plan to add
“escape rooms” as a permitted use within the light
industrial zoning district generally located west of cherry avenue ease of east avenue, north of foot hill boulevard, and south of base line avenue pursuant to a categorical exemption in accordance with CEQA Guidelines Sections
15060(c), 15061(B)(3) (the common-sense exemption), and Sections No. 3.01 and 10.59 of the 2019 Local Guidelines for Implementing CEQA and in the alternative Section
15301 (Existing Facilities) and 15303 (New Construction or Conversion of Small Structures) and direct staff to File a Notice of Exemption.
21-2690
Based on the information in the staff report staff recommends that the City Council adopt Ordinance No. 1940; and,

1. Determine that this Ordinance is categorically exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15061(B)(3) (the common-sense exemption), and Sections No .

3.01 and 10.59 of the 2019 Local Guidelines for Implementing CEQA, in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment where it can be found with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA and direct staff to File a Notice of Exemption;

2. Read by title only and waive further reading of and introduce Ordinance No. 1940, an Ordinance of the City Council of the City of Fontana, approving Master Case No. 23-094 and Specific Plan Amendment (SPA) No. 23-003 to amend the West End Specific Plan to add “Escape Room” as a permitted use within the Light Industrial District (BP2) District in the West End Specific Plan; and that the reading of the title constitutes the first reading thereof.

9 City Council Meeting Regular Agenda January 23, 2024
Attachment No. 1 - Ordinance
Attachment No. 2 - Notice of Exemption
Attachment No. 3 - Public Hearing Notice
Attachments:

C. Ordinance No. 2024-1941: An Ordinance of the City Council of the City of Fontana, California, Pursuant to an Exemption from the California Environmental Quality Act, Approving a Development Agreement with Fontana Responsible and
Compliant Retail, LLC, concerning a retail cannabis
business and Direct Staff to File a Notice of Exemption. 21-2742
Based on the information in the staff report and subject to the findings, conclusions, and information in the staff report, resolution and presented in the public hearing, staff recommends that the City Council adopt Ordinance No. 2024-1941; and recommend the City Council:

1. Find, after review of the whole of the Project, including this Development Agreement, that the project is EXEMPT from the California Environmental Quality Act (“CEQA”), pursuant to State CEQA Guidelines Section 15301 (Existing Facilities) and direct staff to file a Notice of Exemption; and

2. Approve a Development Agreement with Fontana Responsible and Compliant Retail, LLC, based upon the findings in the staff report and ordinance, pending adoption of an Operating Agreement with Fontana Responsible and Compliant Retail, LLC.

3. Approve an Operating Agreement with Fontana Responsible and Compliant Retail, LLC, as required by FMC 33-21.

Vicinity Map.docx
Ordinance.docx
Notice of Exemption.docx
Public Hearing Notice
Attachments:

NEW BUSINESS:

A. New Business
A. Appointment of Mayor Pro Tem 21-2670
Consider an appointment of a Council Member to the position of Mayor Pro Tem for a one-year term.

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

10 City Council Meeting Regular Agenda January 23, 2024 A. Elected Officials Communications/Reports
ADJOURNMENT:

A. Adjournment
Adjourn to the next Regular City Council Meeting on February 13, 2024 at 2:00 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 #: 21-2745 Agenda Date: 1/23/2024
Agenda #: A. Category: Consent Calendar
Closed Session
Tuesday, January 23, 2024
1:00 P.M.

City Hall - Executive Conference Room
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 Printed on 1/17/2024Page 1 of 1
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12 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2748 Agenda Date: 1/23/2024
Agenda #: A. Category: Special Presentation
Presentation
Tuesday, January 23, 2024
2:00 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 Printed on 1/17/2024Page 1 of 1
powered by Legistar™
13 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2735 Agenda Date: 1/23/2024
Agenda #: A. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Approval of Minutes
RECOMMENDATION:

Approve the minutes of the December 12, 2023, Regular City Council Meeting.

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 December 12, 2023, Regular City Council Meeting. The draft minutes are attached to this report for Council review and approval.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 1/17/2024Page 1 of 1
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14

City of Fontana

8353 Sierra Avenue
Fontana, CA 92335

Minutes

Tuesday, December 12, 2023

2:00 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

CLOSED SESSION:

A. 1:00 P.M. CLOSED SESSION

The Closed Session meeting of the Fontana City Council was held in the Executive Conference Room, 8353 Sierra Avenue, Fontana, CA 92335, on Tuesday, December 12 , 2023.

Mayor Warren called the meeting to order at 1:00 p.m., with all members of the City Council present.

PUBLIC COMMUNICATION - CLOSED SESSION:

There were no public communications received for the following items:

1. CONFERENCE WITH LEGAL COUNSEL—EXISTING
LITIGATION (Gov. Code, § 54956.9(d)(1).)
Name of Case: Anderson, Moore v. City of Fontana

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING

LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9 (a)
Case: Ronald Brunn vs. City of Fontana Workers’
Compensation (Compromise and Release)

3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code section 54956.8)
Property: APN # 0191-274-33 and 0191-284-13
City Negotiator: Phillip Burum, Deputy City Manager
Negotiating Party: Randall Swedlove
Under Negotiating: Price and Terms of payment

CALL TO ORDER/ROLL CALL:

A. 2:00 P.M. Call To Order/Roll Call:

The Regular Meeting of the Fontana City Counci l was held in the Grover W. Taylor Council Chambers, 8353 Sierra Avenue, Fontana, CA 92335, on Tuesday, December 12, 2023.

Mayor Warren called the Regular City Council Meeting to order at 2:03 p.m.

ROLL CALL:

PRESENT: Mayo r Warren, Mayor Pro Tem Garcia, Council Member Roberts, Council Members Sandoval and Cothran.
16

ABSENT: City Clerk Germaine Key
City Treasurer Janet Koehler-Brooks was also present.

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

The invocation was given by Council Member Roberts, followed by the pledge of allegiance led by Council Member Cothran.

CLOSED SESSION ANNOUNCEMENT:

City Attorney Ruben Duran reported that the City Council met in Closed Session on the items listed on the agenda, provided direction to staff, and took no reportable action.

PRESENTATIONS:

A. Presentations:

A. City Link Presentation

Associate Plan ner Cecily Session -Goins provided the presentation and discussed the three phases of the City Link Facility.

Council Member Sandoval asked what the timeline was for each phase.

Pastor Dan Carroll , of Water of Life Church, stated that Phase 1 and interim Phase 1A were currently under construction and anticipated to open in August/September 2024. Also noted that design work for Phases 2 and 3 would begin next year and completion of construction was contingent on funding with the project ideally being completed within two to three years.

PUBLIC COMMUNICATIONS:

A. Public Communications

The following individuals spoke under public communications:

A representative read a statement on behalf of Hardy Brown with the NAACP in support of Ordinances 1938 and 1939 and discussed concerns with disturbances at recent City Council meetings.

Evan Webb spoke in opposition of Ordinances 1938 and 1939.

Lynn Summers of Bay PAC discussed concerns with the lack of civility and decorum at recent 17

City Council meetings.

Ronald Martinez discussed concerns with street conditions and repairs.

Carina C arrillo discussed concerns with the meeting start time and lack of permitting opportunities for street vendors. Also spoke in opposition of Ordinances 1938 and 1939.

Jose Rosales discussed concerns with the meeting start time, street vendor enforcement and homelessness.

Mark Richici discussed concerns with Planned Parenthood.

A representative with the WIN Organization discussed concerns with the recent treatment and hate speech towards Mayor Warren.

Claudia Cuevas discussed concerns with Ordinances 1938 and 1939 and street vendors.

Elizabeth Sena discussed concerns with the meeting start time and recent lawsuits.

Joaquin Castillegos spoke in opposition of Ordinances 1938 and 1939 and Consent Items “I,” “J” and “K.”

Michael Townsend spoke on behalf of Assembly Member Eloise Gomez -Reyes in opposition of Consent Item I.

Ana Gonzalez of the CWEAJ discussed concerns with the meeting start time and spoke in opposition of all items on the agenda.

Bobbie Jo Chavarria discussed concerns with the disenfranchisement of the Latino community and the adoption of ordinances on the Consent Calendar without public input.

Deputy City Clerk Christina Rudsell stated that the City Clerk’s Office received 21 written public comments which had been sent to the City Council and would be added to the record.

CONSENT CALENDAR:

Prior to the motion being made, Council Member Sandoval stated that he would be voting No on Consent Calendar Items “B,” “E,” “F,” “G,” “H,” “I,” “J,” “K,” “L,” and “M.”

Prior to the motion being made, Council Member Cothran stated that he would be abstaining on Consent Calendar Items “R,” “U,” and “X.”

ACTION: Motion was made by Council Member Roberts, seconded by Mayor Pro Tem Garcia, and passed by a vote of 5- 0 to approve the Consent Calendar I tems “A-Y” with Council Member Sandoval voting No on items “B,” “E,” “F,” “G,” “H,” “I,” “J,” “K,” “L,” and “M” and Council Member Cothran abstaining on items “R,” “U,” and “X.” The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts and Sandoval; NOES: None; ABSTAIN: None ABSENT: None

18

A. Approval of Minutes 21-2634
AApprove the minutes of the November 14, 2023, Regular City Counci l Meeting, and the November 15, 2023, Adjourned City Council Meeting.

B. Adoption of Ordinance No. 1926 (Second Reading) 21-2651 Second Reading / Adoption of Ordinance No. 1926, approving a Zoning District Map Amendment (ZCA No. 22-001) changing the zoning designation from Single-Family Residential (R-1) to Multi-Family Medium/High Density Residential (R-4) on approximately 6.4 acres located on the north side of Merrill, between Alder Avenue and Laurel Avenue.

C. Adoption of Ordinance No. 1927 (Second Reading) 21-2652 Second Reading / Adoption of Ordinance No. 1927, Approving a Zoning District Map Amendment (ZCA) No. 22-006 to update the Zoning District Map from Single-Family Residential (R-1) to Form-Based Code (FBC) for the project site that is comprised of five (5) existing parcels (APNs: 0230-041-33, -44, -52, -60, AND -61) located on the east side of Banana A venue approximately 270 feet south of the southeast corner of the intersection of Foothill Boulevard and Banana Avenue.

D. Adoption of Ordinance No. 1928 (Second Reading) 21-2653 Second Reading / Adoption of Ordinance No. 1928, Approving a Development Code Amendment (ZCA) No. 22- 007 to change the Form-Based Code Map, Section No. 30- 406, to identify the subject properties as Route 66 Gateway sub- district for the project site that is comprised of five (5) existing parcels (APNs: 0230-041-33, -44, -52, -60, AND - 61) located on the east side of Banana Avenue approximately 270 feet south of the southeast corner of the intersection of Foothill Boulevard and Banana Avenue.

E. Adoption of Ordinance No. 1929 (Second Reading) 21-2654 Second Reading / Adoption of Ordinance No. 1929, Approving a Specific Plan Amendment No. 22-003, to amend the Southwest Industrial Park (SWIP) Specific Plan Land Use Plan to change 18.8 acres located west of Catawba Avenue, east of Poplar Avenue and north and south of Rose Avenue from Residential Trucking District (RTD) to Slover East Industrial District (SED).

F. Adoption of Ordinance No. 1930 (Second Reading) 21-2655 Second Reading / Adoption of Ordinance No. 1930, Approving Development Agreement No. 23-003 to include payment of a public benefit fee.

19

G. Adoption of Ordinance No. 1931 (Second Reading) 21-2656 Second Reading / Adoption of Ordinance No. 1931, approving a Zoning District Map Amendment (ZCA) No. 23-004 to change the zoning designation of the entire project site (Sites A and B - APNS: 0232-171-05, -06, -07, -08, -09, -12, -13, AND -14) from Open Space - Resource (OS-R) to Light Industrial (M-1) comprised of approximately 25 acres.

H. Adoption of Ordinance No. 1932 (Second Reading) 21-2657 Second Reading / Adoption of Ordinance No. 1932, approving a Development Code Amendment (ZCA) No. 23- 005 to amend Section 30-651(A), Figure 1 of the Zoning and Development Code to add an Emergency Shelter Overlay District designation to Site A comprised of four (4) parcels (APNs: 0232- 171-05, -06, -07, and -08) that includes approximately 7 acres.

I. Adoption of Ordinance No. 1933 (Second Reading) 21-2658 Second Reading / Adoption of Ordinance No. 1933, approving, pursuant to the certified Environmental Impact Report for the Citrus/Oleander Industrial Commerce Center (State Clearinghouse No. 2022110389), Zoning District Map Amendment No. 23-006 to change the zoning designation for APNs 0255-011-13, -14, -15, -18, -19, -25, -26, -27, -28, -29, -30, -31, and -32, and 0255-021-17, -18, -22, -23, and -24, including a five-acre parcel where no development is currently proposed, from Residential Planned Community (R-PC) and Multi-Family Medium/High Density Residential (R-4) to Southwest Industrial Park (SWIP) Specific Plan, Slover East Industrial District for approximately 29.4 acres located west of Citrus Avenue, east and west of Oleander Avenue and north of Santa Ana Avenue.

J. Adoption of Ordinance No. 1934 (Second Reading) 21-2659 Second Reading / Adoption of Ordinance No. 1934, Approving a Specific Plan Amendment No. 23-004, to amend the Southwest Industrial Park (SWIP) Specific Plan Land Use Plan to expand the SWIP boundary to include the entire 29.4 acres located west of Citrus Avenue, east and west of Oleander Avenue and north of Santa Ana Avenue.

K. Adoption of Ordinance No. 1935 (Second Reading) 21-2660 Second Reading / Adoption of Ordinance No. 1935, Approving Development Agreement No. 23-085 to include payment of public benefit fee in the amount of $3,192,624.00 and payment of an additional $1,500,000.00 to fund design and construction of an Action Sports Park at Martin Tudor Regional Park.

L. Adoption of Ordinance No. 1936 (Second Reading) 21-2661 Second Reading / Adoption of Ordinance No. 1936, Approving Master Case No. 23-090 and Municipal Code Amendment No. 23-003 amending Chapter 20

30 that will modify multiple sections, including modification of appeal hearing timeframes, addition of language to provide for minor and major planned unit developments (PUDs), modification of language related to open space requirements, modification of garage door design requirements; inclusion of language to reduce landscape setback requirements to accommodate bus turn outs and deceleration lanes, addition of language to streamline development standards within Medium Density Residential (R -2) and Multiple Family (R-3) zoning districts, and additional recreational facilities options within the Multi -Family Medium/High Density (R-4) and Multi-Family High Density Residential (R-5) zoning districts.

M. Adoption of Ordinance No. 1937 (Second Reading) 21-2662 Second Reading / Adoption of Ordinance No. 1937, approving Master Case No. 23-098 and Municipal Code Amendment No. 22-001 to amend Chapter 9 of the Municipal Code to modify Article V (Industrial Commerce Centers Sustainability Standards), Section 9-71(f) to prohibit loading docks, truck entries, and truck drive aisles from abutting adjacent sensitive receptors to.

N. 2024 City Hall Holiday and City Council Meeting Calendar 21-2553 Approve the attached proposed Calendar of City Holidays and City Council Meetings for the year 2024.

O. Accept the 2023 TDA Article 3 Grant Award for the Catawba 21-2626 Avenue Safe Routes to School Project, the Rectangular Rapid Flashing Beacons Project, and the Transit Stop Improvements Project

1. Accept the 2023 Transportation Development Act (TDA) Article 3 Grant Award approved by San Bernardino County Transportation Authority (SBCTA) for the Catawba Avenue Safe Routes to School Project in the amount of $396,348.00.

2. Accept the 2023 Transportation Development Act (TDA) Article 3 Grant Award approved by San Bernardino County Transportation Authority (SBCTA) for the Rectangular Rapid Flashing Beacons Project in the amount of $52,500.00.

3. Accept the 2023 Transportation Development Act (TDA) Article 3 Grant Award approved by San Bernardino County Transportation Authority (SBCTA) for the Transit Stop Improvements Project in the amount of $59,023.00.

4. Adopt Resolution No. 2023-115, a Resolution of the City Council of the City of Fontana authorizing the submittal of Claim Forms, submission of Reimbursement Request Forms, and designate the City Engineer to certify project completions for the Catawba Avenue Safe Routes to School Project, the Rectangular Rapid Flashing Beacons Project, and the Transit 21

Stop Improvements Project related to TDA Article 3 Grant Awards.

P. Approve Task Orders for Engineering Design Services for the 21-2627 South Highland Avenue at Juniper Avenue Traffic Signal Project and the Santa Ana Avenue at Juniper Avenue Traffic Signal Project

1. Approve and authorize the City Manager to execute a Task Order in a not-to-exceed amount of $136,394.00 with STC Traffic, Inc. for Engineering Design Services for the South Highland Avenue at Juniper Avenue Traffic Signal Project Request for Proposals SQ-87-DE-19-66

2. Approve and authorize the City Manager to execute a Task Order in a not-to-exceed amount of $128,914.00 with STC Traffic, Inc. for Engineering Design Services for the Santa Ana Avenue at Juniper Avenue Traffic Signal Project Request for Proposals SQ-87-DE-19-66

3. Approve and authorize the City Manager to execute any future amendments to both Task Orders.

4. Authorize the City Manager to execute any and all utility agreements, utility easements, and any related items on behalf of the City of Fontana for the South Highland Avenue at Juniper Avenue Traffic Signal Project and the Santa Ana Avenue at Juniper Avenue Traffic Signal Project.

Q. Annual Report on Development Impact Fees 21-2629
Adopt Resolution No. 2023-116, of the City Council of the City of Fontana, approving the Annual Report on Development Impact Fees and making findings as to unexpended funds

R. Award a Construction Contract for the San Sevaine Trail Phase 21-2647 I Segment 2 Project

1. Award bid and authorize the City Manager to execute a Construction Contract with H&H General Contractors, Inc. for the construction of the San Sevaine Trail Phase I Segment 2 Project in the amount of $13,314,324, authorize a 10% contingency in the amount of $1,331,432 (Bid No. SB-109-DE-23) contingent upon San Bernardino County Transportation Authority (SBCTA) Board Approval of Project Funding Plan, and ratify determination that the protest filed in connection therewith is without merit and any deficiencies asserted in connection with the protest are insubstantial and waived by the City on such basis as not affecting the amount of the bid or otherwise providing a competitive advantage.

2. Appropriate $2,500,000 from Park Development Impact Fees (DIF) to the San Sevaine Trail Phase 1 Segment 2 Project No. 3345.

3. Authorize the City Manager to execute any and all utility agreements, utility easements, and any related items on behalf of the City of Fontana for the San Sevaine Trail Phase 1, Segment 2 Project (SB-109-DE-23). 22

S. Award a Construction Contract for the Sierra Avenue 21-2633 Landscape Median Project (Bid No. DE-24-28-SB)

1. Award Bid and authorize the City Manager to execute a construction contract with IMR Landscape, Inc. for the construction of the Sierra Avenue Landscape Median Project in the amount of $745,690.00 and authorize a 10% contingency in the amount of $74,569.00 (Bid No. DE-24 -28-SB).

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 Sierra Avenue Landscape Median Project.

T. Adopt the Updated Salary Table for the Non-Classified, 21-2650 Part-time Classifications Due to Minimum Wage Increases.

Adopt Resolution No. 2023-117, a resolution of the City Council of the City of Fontana adopting the non-classified, part-time salary table to comply with minimum wage increases, effective January 1, 2024.

U. Approve Amendment No. 8 to Professional Services 21-2663 Agreement with David Evans and Associates Inc. and Amendment No.

1.6.1 to Task Order with Interwest Consulting Group for the San Sevaine Trail Phase 1, Segment 2 Project

1. Approve and authorize the City Manager to execute Amendment No. 8 to a Professional Services Agreement with David Evans and Associates Inc. for Engineering Services for the San Sevaine Trail Phase 1, Segment 2 Project (SQ-12-DE-87-17) in the amount of $670,119.00 for a total contract amount of $1,591,941.32.

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

3. Approve and authorize the City Manager to execute Task Order 1.6.1 to Interwest Consulting Group, Inc. for Project Management Services for the San Sevaine Trail Phase 1, Segment 2 Project (SQ-87-DE-19-04) in the amount of $174,000.00 for a total task order amount of $305,200.00.

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

V. Police Department Monthly Information Update 21-2664 Accept the Police Department monthly information update for October 2023.

W. Approve Amendment No. 1 to Task Order No. 5 with NV5, Inc. 21-2678 for Plan Check, Map Check, and WQMP Review Services
23

1. Approve and authorize the City Manager to execute an Amendment No. 1 to Task Order No. 5 with NV5, Inc. in the amount of $83,000 and an amended task order total of $158,000 for additional plan check, map check, and WQMP review services.

2. Approve and authorize the City Manager to execute any future amendments to Task Order No. 5 with NV5, Inc

X. Termination of solar power purchase agreement with General 21-2680 Electric International Inc., for Assessor Parcel Number 0192-031-0260-W000.

1. Terminate the solar power purchase agreement with General Electric International Inc., for Assessor Parcel Number 0192-031-26

2. Authorize the City Manager to execute any and all documents to satisfy the termination on behalf of the City of Fontana

3. Remit a termination payment in the amount of $129,512.00 to General Electric

4. Appropriate $129,512.00 from Fire District Fund 210 to Fund 103

Y. Award a Contract for the Interior Renovation for Stage RED 21-2687

1. Approve and authorize the City Manager to award and execute a contract with the lowest responsible/responsive bidder for the renovation of Stage RED (Bid No. DE-24-25-SB) in an amount not to exceed $1,400,000.

2. Authorize the City Manager to execute any and all contract amendments on behalf of the City of Fontana for the renovation of Stage RED.

NEW BUSINESS:

Items “A” and “B” were considered in one presentation.

City Attorney Ruben Duran provided the staff report.

Council Member Sandoval motioned for a point of order to allo w public comments on the items. The motion died for lack of a second.

Council Member Sandoval expressed concerns and spoke in opposition of the ordinance.

A. New Business
A. An Urgency Ordinance of the City Council of the 21-2685 City of Fontana in accordance with government code sections 36934 and 36937 (B) enacting a prohibition on targeted residential picketing.

Waive reading of the text in its entirety, read by title only, and adopt Urgency Ordinance No. 1938, An urgency ordinance of the City Council of the City of Fontana in accordance with Government Code Sections 36934 and 36937(B) 24

enacting a prohibition on targeted residential picketing.

ACTION: Motion was made by Council Member Roberts, seconded by Mayor Pro Tem Garcia, and passed by a vote of 4- 1 to approve New Business Item “ A.” The motion carried by the following vote: AYES: Warren, Garcia, Cothran, and Roberts; NOES:

Sandoval; ABSTAIN: None; ABSENT: None

B. An Ordinance of the City Council of the City of Fontana 21-2688 enacting a prohibition on targeted residential picketing.

Waive reading of the text in its entirety, read by title only, and introduce Ordinance No. 1939, and ordinance of the City Council of the City of Fontana enacting a prohibition on targeted residential picketing.

ACTION: Motion was made by Council Member Roberts, seconded by Mayor Pro Tem Garcia, and passed by a vote of 4- 1 to approve New Business Item “B.” The motion carried by the following vote: AYES: Warren, Garcia, Cothran, and Roberts; NOES:

Sandoval; ABSTAIN: None; ABSENT: None

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications
City Manager Matthew Ballantyne wished all a happy holiday season and thanked staff for a successful Christmas Parade. Also stated that the S enior Center would be cl osed December 18 - January 15 to replace the flooring and the Cypress Center would be closed for remodeling December 18 - March 1 for flooring replacement and remodeling.

ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports

City Treasurer Koehler-Brooks wished all a happy holiday season.

Council Member Cothran wished all a happy holiday season.

Mayor Pro Tem Garcia wished all a happy holiday season and stated that the intent of Ordinances 1938 and 1939 was to prevent picketing at any residence in Fontana.

Council Member Sandoval expressed opposition to the meeting start time and stated that he was here to serve the community. Also wished all a happy holiday season and discussed concerns with the influx of the unhoused population coming in from Los Angeles County.

Council Member Roberts wished all a happy holiday and a happy new year.

Mayor Warren thanked all city and public safety staff and discussed upcoming holiday events and toy drives. Also thanked the faith-based community for assisting the community. Wished all a happy holiday season.

25

ADJOURNMENT:

A. Adjournment
Adjourn to the next Regular City Council Meeting on January 23, 2024, at 2:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California. 26 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2711 Agenda Date: 1/23/2024
Agenda #: B. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Adoption of Ordinance No. 1939 (Second Reading)
RECOMMENDATION:

Second Reading / Adoption of Ordinance No. 1939, approving an ordinance of the City Council of the City of Fontana enacting a prohibition on targeted residential picketing.

COUNCIL GOALS:
· To improve public safety by emphasizing community-oriented policing and community involvement.

DISCUSSION:

Ordinance No. 1939 was introduced by a vote of 4-1 at the December 12, 2023, Regular City Council meeting.

FISCAL IMPACT:

No fiscal impact.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 1/17/2024Page 1 of 1
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27 Ordinance No.1939

ORDINANCE NO. 1939

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA ENACTING A PROHIBITION ON TARGETED

RESIDENTIAL PICKETING

WHEREAS, the City of Fontana, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the City acknowledges that the act of picketing at, near, on or about a particular residence whose occupants do not welcome such activity is an invasion of residential privacy for its occupants; and
WHEREAS, the City acknowledges that if picketers are positioned at, near, on or about a targeted residence, it becomes impossible for the occupants to access or leave their homes without having to confront picketers; and
WHEREAS, the City acknowledges that act of picketing at, near, on or about a particular residence whose occupants do not welcome such activity instills feelings of captivity, fear and intimidation in the target occupants; and WHEREAS, the City desires to establish a clear and precise buffer zone between picketers and a targeted residence so as to preserve Fontana residents’ right to privacy and prevent siege upon target residents while providing a space for picketing.

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

Section 1. Recitals. The recitals above are true, correct and each incorporated herein by reference and adopted as findings by the Fontana City Council (“City Council”).

Section 2. California Environmental Quality Act. The City finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably for eseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in phys ical change to the environment, directly or indirectly; it prevents changes in the environment pending the completion of zoning code revisions and related impact studies.

Section 3. Residential Picketing. Chapter 16 of the Fontana Municipal Code shall be amended to include Article VI, section 16-149, and shall prescribe the following:
28 Ordinance No.1939

Article VI. Residential Picketing.
16-149. For the purposes of this section, the following meanings shall apply:

A. The term “residential dwelling” means any permanent building being used by one or more occupants solely for non-transient residential uses.

B. The term “targeted” means picketing activity that is targeted at a particular residential dwelling and proceeds in front of or on a definite course or route around that particular residential dwelling.
16-150. Prohibition on targeted residential picketing.

A. No person shall engage in picketing activity that is targeted at and is within 300 feet of the property line of a residential dwelling.

B. This section shall not be interpreted to preclude picketing or general marching in or through a residential area that is not targeted at a particular residential dwelling.
16-151. Penalty.

A. Any person violating the provisions of this section shall be guilty of a misdemeanor, punishable by a fine not to exceed $1,000 and/or shall be sentenced to imprisonment in the county jail for a period not to exceed six months.

B. The remedies provided by th is section are in addition to any other legal or equitable remedies any person may have and are not intended to be exclusive.

Section 4. Custodian of Records. The Custodian of Records for this Ordinance is the City Clerk and the records compromising the administrative record for this Ordinance are located at 8353 Sierra Avenue, Fontana, California 92335.

Section 5. Severability. Should any provision of this O rdinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable.

Section 6. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.
29 Ordinance No.1939

Section 7. Publication. The City Clerk shall attest to the passage and adoption of this Ordinance, causing it to be posed as required by law, and it shall become effective thirty (30) days after its adoption.

READ AND APPROVED AS TO LEGAL FORM:

_________________________________________
City Attorney

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 adopted by the City Council and was introduced at a regular meeting on the 12th day of December 2023, and was finally passed and adopted not less than five days thereafter on the 23rd day of January 2024, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________________
City Clerk of the City of Fontana

_________________________________________
Mayor of the City of Fontana

ATTEST:

_________________________________________
City Clerk
30 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2676 Agenda Date: 1/23/2024
Agenda #: C. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Award bid Construction Contract for Sierra Lakes Pavement Rehabilitation Project (Bid No. (DE-24- 42-SB)
RECOMMENDATION:

1. Award and authorize the City Manager to execute a construction contract with Matich Corporation for the construction of the Sierra Lakes Pavement Rehabilitation Project, the fiscal impact associated with the approval of this item is $1,647,818.00 (37604130-283-F-8330) and authorize a 10% contingency in the amount of $164,781.80 (37604130-283-F-8331), Bid No. (DE- 24-42-SB).

2. Approve and authorize the City Manager to execute all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the Sierra Lakes Pavement Rehabilitation Project.

COUNCIL GOALS:
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by improving the aesthetics of the community through code enforcement, street sweeping, and landscape maintenance.

DISCUSSION:

The City of Fontana’s 7-Year Pavement Management Plan includes the Sierra Lakes Pavement Rehabilitation Project. The proposed improvements include the rehabilitation of existing asphalt pavement and the reconstruction of curb ramps within the Sierra Lakes community. The project will improve ride quality, increase pavement service life, and enhance the safety of both vehicular and pedestrian traffic.

On November 11, 2023, at 2:00 p.m., the bids for this contract were opened. A total of nine (9) bids were received ranging from $1,647,818.00 to $2,536,659.00. After reviewing all submissions, the low bid in the amount of $1,647,818.00 submitted by Matich Corporation was determined to be the lowest responsive and responsible bidder. The Engineer's estimate was $2,100,000.00.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $1,647,818.00 for the full term of the construction contract and $164,781.80 for construction contingency. These amounts are included in City of Fontana Printed on 1/17/2024Page 1 of 2
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31 File #: 21-2676 Agenda Date: 1/23/2024
Agenda #: C. Category: Consent Calendar
the 2023-2024 available budget in 37604130-283-F-8330 and 37604130-283-F-8331 respectively from the Road Maintenance and Rehabilitation (RMRA) Fund.

MOTION:

Approve staff recommendation.

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32 Bid Results
Sierra Lakes Pavement Rehabilitation Project
DE-24-42-SB

1. Matich Corp. $1,647,818.00
Redlands, CA

2. LCR Earthwork & Engineering, Corp. $1,692,000.00
Jurupa Valley, CA

3. Calmex Engineering, Inc. $1,881,637.20
Bloomington, CA

4. Vance Corporation $1,934,143.25
Bloomington, CA

5. Dash Construction Company $2,075,140.25
Los Angeles, CA

6. Hardy & Harper, Inc. $2,170,000.00
Lake Forest, CA

7. Copp Contracting, Inc. $2,340,676.00
Buena Park, CA

8. All American Asphalt $2,467,448.00
Corona, CA

9. R.J. Noble Company $2,536,659.00
Orange, CA

33 City of Fontana
Sierra Lakes Pavement Rehabilitation Project (DE-24-42-SB), bidding on 11/16/2023 2:00 PM (PST)

Printed 11/28/2023
PlanetBids
34 City of Fontana
Sierra Lakes Pavement Rehabilitation Project (DE-24-42-SB), bidding on 11/16/2023 2:00 PM (PST)

Printed 11/28/2023
PlanetBids
35 City of Fontana
Sierra Lakes Pavement Rehabilitation Project (DE-24-42-SB), bidding on 11/16/2023 2:00 PM (PST)

Printed 11/28/2023
PlanetBids
36 City of Fontana
Sierra Lakes Pavement Rehabilitation Project (DE-24-42-SB), bidding on 11/16/2023 2:00 PM (PST)

Printed 11/28/2023
PlanetBids
37 N01 inch = 800 feet1600800
SIERA LAKES PAVEMENT REHABILITATION PROJECT(DE-24-42-SB)PROJECT LOCATION 38 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2697 Agenda Date: 1/23/2024
Agenda #: D. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Final Acceptance of the Kathy Binks Elementary Safe Routes to School Project RECOMMENDATION:

Accept as complete the work performed by CT&T Concrete Paving, Inc for the construction of the Kathy Binks Elementary Safe Routes to School Project (#37600024) and approve the final construction amount of $321,737.09 (Bid No. SB-108-DE-23).

COUNCIL GOALS:
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.

DISCUSSION:

On May 9, 2023, the City Council authorized the award of a construction contract to the lowest responsible/responsive bidder (CT&T Concrete Paving, Inc) in the amount of $322,795.00 with a 10% contingency in the amount of $32,279.50 for the Kathy Binks Elementary Safe Routes to School Project (#37600024). The proposed improvements for the Kathy Binks Elementary Safe Routes to School Project consisted of constructing missing sidewalk, curb and gutter, and minor street improvements along the east side of Cypress Avenue and the west side of Juniper Avenue, north of Baseline Avenue. The project ultimately closed sidewalk gaps for residential communities in the vicinity, linking them to Kathy Binks Elementary School.

CT&T Concrete Paving, Inc completed the construction of the project on November 15, 2023. The project was successfully completed for the final contract amount of $321,737.09, a decrease of

0.33% from the original contract amount of $322,795.00 and $33,337.41 under the total authorized budget. All work has been completed to the satisfaction of the City.

FISCAL IMPACT:

There is no fiscal impact associated with the approval of this item.

MOTION:

Approve staff recommendation.

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39 N01 inch = 600 feet1200600PROJECT LOCATIONKATHY BINKS SAFE ROUTES TO SCHOOL PROJECT 40 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2709 Agenda Date: 1/23/2024
Agenda #: E. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve and Authorize the City Manager to Execute an Easement Deed RECOMMENDATION:

Approve and authorize the City Manager to execute an Easement Deed with San Bernardino County Flood Control District for the Narra Hills Project.

COUNCIL GOALS:
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.

DISCUSSION:

On February 26, 2019, the City Council approved a project development of 233 proposed single- family homes, 129 detached condominiums, and 127 attached condominiums in both Residential Planned Community and proposed medium density zones located at existing Lytle Creek Road starting from Duncan Canyon Road and running northeast through certain real property known as Monarch Hills. The project has been renamed and is currently known as Narra Hills.

As part of the project, the developer was conditioned to construct sewer improvements along the west side of the San Bernardino County Flood Control District’s Hawker Crawford Channel, which extends from the southwest project boundary to Duncan Canyon Road. The developer has processed a construction permit from the San Bernardino County Flood Control District. Once the developer constructs the sewer improvements, the City of Fontana will operate and maintain the sewer improvements.

Since the sewer improvements are located within the San Bernardino County Flood Control District’s right of way, the City needs an easement deed with the San Bernardino County Flood Control District.

FISCAL IMPACT:

No fiscal impact.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 1/17/2024Page 1 of 1
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41 1 City Index No.

Recording Requested By:

City of Fontana

Mail To:

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
ATTN: Department of Engineering

Record without fee subject to
Gov’t Code 6103 and 27383

Project: Hawker-Crawford Channel
System No.: 1.806-1A
Parcel No.: 190
Dept. Code: 11600

EASEMENT
DEED
Sewer Pipeline
D.P. No.: 1.800 /
APN: 0226-075-62 (portion)
Date: January 4, 2023

The undersigned grantor(s) declare(s):

DOCUMENTARY TRANSFER TAX $0.00 Conveyance to Government Entity R&T 11922 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 Grantee to excavate, construct, install, replace, maintain, repair and use one subterranean public sewer pipeline and necessary surface appurtenances thereto (collectively, the “Sewer Pipeline”), said easement is located on a certain portion (“Easement Area”) of Grantor’s real property (“Fee Property”) situated in the City of Fontana, County of San Bernardino, which Sewer Easement Area is more particularly described in Exhibit “A”, Legal Description and shown on Exhibit “B”, Plat, attached hereto and made a part hereof.

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

Mail Tax Statement as Directed Above
42 2 City Index No.

THE EASEMENT IS GRANTED SUBJECT TO THE FOLLOWING TERMS, CONDITIONS AND RESTRICTIONS:

1. This easement is subject to the Grantor's superior right to use the Easement Area and Grantor reserves to itself and its successors and assigns a continuing right to use and make any improvements to the Easement Area for Grantor’s use without any compensation to Grantee, whether for damages or otherwise, or claims by Grantee with respect thereto.

2. Grantor may temporarily close off the Easement Area (or portions thereof) to Grantee (which includes Grantee Parties) if Grantor determines such closure is necessary to preserve the public’s health and safety as determined in Grantor’s sole discretion and shall make best efforts to give Grantee at least 48 hours prior notice of any planned closure. In the event of a closure of the Easement Area by Grantor, Grantor shall promptly commence reasonable efforts to mitigate the condition necessitating the closure and, subject to the preservation of the public’s health and safety, diligently prosecute efforts to achieve the reopening of the Easement Area.

3. The Easement Area may be used solely for access to and from, and to excavate, construct, install, replace, maintain and repair, remove, and use a Sewer Pipeline and for no other purposes. Construction and installation of the Sewer Pipeline requires issuance by Grantor to Grantee of one or more permits. Grantee shall not park vehicles within the Easement Area nor permit any portion of the Easement Area to be blocked off or obstructed in any manner. Grantor shall at all times have free and clear access over and across the Easement Area.

4. Grantee shall at all times and at its sole cost and expense, maintain the Easement Area and all improvements constructed (or caused to be constructed) thereon, as permitted by this easement. The Grantee shall keep the Easement Area in good condition and repair and free of weeds and trash. Grantee shall be responsible for any damage caused by the use of the Easement Area by Grantee and any permitted improvements thereon, and Grantee shall promptly repair all such damage to Grantor’s complete satisfaction at Grantee’s sole cost and expense.

5. Grantor may grant further permits, agreements, licenses, leases, easements, reservations, restrictions, terms, conditions, covenants, encumbrances, liens, or other rights over the Easement Area (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 Area, as reasonably determined by Grantor.

6. Grantee shall submit, in advance of the commencement of any improvements, all plans for installation and construction or reconstruction of improvements within the Easement Area to Grantor for review and approval, which approval shall be granted or denied in Grantor’s sole discretion and Grantee shall obtain a permit from the Grantor for such work. Any permitted improvements constructed by Grantee shall be at Grantee’s sole cost and expense.

7. Any Sewer Pipeline constructed by or on behalf of Grantee on the Easement Area shall be designed to be, and be constructed underground, with the exception of necessary surface appurtenances, which will be located in a manner not to interfere with or impede the Grantor’s use of the surface of the Easement Area, or Grantor’s conveyance of storm water or implementation of other flood control measures, or Grantor’s flood control improvements, if any, now existing or later installed on the Easement Area or Fee Property by Grantor. Grantee’s construction of its Sewer Pipeline shall be in accordance with the p lan approved by Grantor in accordance with Paragraph 6 and must further meet all applicable construction standards and laws 43 3 City Index No.
applicable to the Sewer Pipeline, including (but not limited to) allowing vehicles meeting an H -20 wheel loading to travel over and across the said pipeline without causing any damage to said pipeline or the Easement Area. With the exception of gross negligence or intentional misconduct by Grantor or Grantor’s employees, agents, contractors, volunteers, licensees and/or invitees, Grantor shall not be responsible for any damage to the Grantee’s Sewer Pipeline caused by vehicles or equipment traveling or operating over and across said pipeline, or by erosion or other water- related occurrences, or by any other causes.

8. Grantee shall not park vehicles within the Easement Area, nor permit any portion of the Easement Area to be blocked off or obstructed in any manner (except temporarily during periods of Grantee’s construction and/or maintenance of the Sewer Pipeline as approved by Grantor, which approval shall be at Grantor’s sole discretion during any storm or emergency events but shall otherwise not be unreasonably withheld). Grantor shall at all times have free and clear access through and over the Easement Area (except as temporarily approved by Grantor during periods of Grantee’s construction and/or maintenance) for vehicular traffic.

9. Any costs incurred by Grantor for Grantor’s use of the Easement Area, whether to construct, reconstruct, maintain, or otherwise use the Easement Area for Grantor’s existing and/or future improvements on the Easement Area that are attributable to the use of the Easement Area by Grantee and the presence of any permitted Grantee improvements shall be solely borne by Grantee. In the event that Grantor determines that it is necessary for any permitted Grantee improvements located on the Easement Area to be relocated or modified due to Grantor’s use of the Easement Area, Grantee shall promptly remove or modify said improvements as required by Grantor, at Grantee’s sole cost and expense.

10. Grantor shall not be required to contribute any part of the costs associated with Grantee’s Sewer Pipeline on the Easement Area and furthermore, if Grantor is included in an assessment district to pay such costs, Grantee shall promptly reimburse Grantor for any assessment therefore levied upon it upon Grantor demand.

11. Grantee agrees to indemnify, defend (with counsel reasonably approved by Grantor) and hold harmless the Grantor and its authorized officers, employees, agents and volunteers 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 fa ult of indemnitees. The Grantee’s indemnification obligation applies to Grantor’s “active” as well as “passive” negligence but does not apply to the Grantor’s “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782.

12. Grantee agrees to comply with the following insurance requirements:

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, c ontractors and subcontractors. All general or auto liability insurance coverage provided shall not prohibit Grantee and 44 4 City Index No.

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 primary and non - contributory 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 will 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 the policy.

E. Proof of Coverage - Grantee shall furnish Certificates of Insurance to Grantor evidencing the 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 mutual execution 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 Risk 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. Acceptability of Insurance Carrier - Unless otherwise approved by the San Bernardino County Department of Risk 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".

H. 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.

I. 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.

J. Insurance Review - Insurance requirements are subject to periodic review by the Grantor during normal business hours and no more than twice during any single calendar year. 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 heret ofore 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 requir e additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the Grantor, inflation, or any other item reasonably related to the Grantor's risk. 45 5 City Index No.

K. 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.

L. 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.

M. 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 as shown:
(1) Workers' Compensation/Employers Liability - A program of Workers' Compensation insurance or a state-approved, 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 Liabili ty with $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) Contractual liability.

(g) $2,000,000 general aggregate limit.
46 6 City Index No.
(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 non -employee passengers in Grantee’s use of the Easement Area , 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 non-owned auto endorsement to the General Liability policy described above is acceptable.

(4) Umbrella Liability Insurance - An umbrella (over primary) or excess policy may 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 – Grantee shall, during any installation, construction, or reconstruction of improvements within the Easement Area, carry Environmental Liability Insurance with a combined single limit of not less than five million ($5,000,000) per claim or occurrence. Subsequent to the installation, construction, or reconstruction of improvements within the Easement Area, Grantee may carry Environmental Liability Insurance with a combined single limit of not less than two mi llion ($2,000,000) 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 "retroactive date" shall be shown and must be before the date this easement is mutually executed. 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 the 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, replacement, maintenance and repair, remo val, use, or any other work performed by or on behalf of Grantee at the Easement Area to provide insurance covering the contracted operation with the same policies and provisions 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 work 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 and assumes all responsibility ensuring that such coverage is provided as required herein.

13. In the event of (a) abandonment by Grantee of the Easement Area and the rights granted herein, or (b) Grantor exercises its right to declare this easement deed null and void pursuant to Paragraph 2 0 hereof, this easement shall automatically terminate, and Grantee shall thereupon, without cost to Grantor, restore the Easement Area to a condition as near as possible to that which existed on the date this easement is executed by Grantor, and deliver to Grantor a quitclaim of the Easement Area and the rights granted herein. Non-use of the Easement Area for a period of ten (10) years from the date this easement is executed by Grantor shall constitute conclusive evidence of such abandonment. 47 7 City Index No.

14. In the event of a default by Grantee of the terms, conditions and/or restrictions set forth herein, other than those provided in Paragraph 13, Grantor shall give written notice to Grantee of the same. Except in the case of an emergency as determined by Grantor in its sole discretion, Grantee shall have thirty (30) calendar days from the 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 and without liability to Grantor for loss thereof. Grantee and Grantee’s successors and assign s agree to pay Grantor on demand all expenses incurred by Grantor 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.

15. Notwithstanding the application of Section 1542 of the California Civil Code, which provides:

"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her , would have materially affected his or her settlement with the debtor or the released party."

Grantee expressly waives and relinquishes all rights and benefits afforded them by said Section 1542, and any and all similar laws of any State or territory of the United States. This agreement shall act as a release of future claims that may arise from the above -mentioned claims, actions, losses, damages, liabilities, and injuries whether currently known, unknown, fo reseen, or unforeseen. Grantee understands and acknowledges the significance and consequences of such specific waiver of Section 1542 and hereby assumes full responsibility for any claims, actions, losses, damages, liabilities, and injuries that it or its employees, contractors, agents, and volunteers may hereafter incur.

16. The easement, as well as the terms, conditions and restrictions, created hereby shall constitute covenants running with the land and shall be binding upon and shall benefit all successors and assigns of Grantor and Grantee respectively.

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 Grantee and 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 bear its 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 11.

20. If a court of competent jurisdiction declares any provision of this easement invalid, illegal, or otherwise unenforceab le, the remaining provisions shall continue in full force and effect, unless the purpose of this easement is frustrated. In such case Grantor reserves the right, in its sole discretion, to declare this easement deed null and void, and the Grantee shall then comply with the restoration terms of Paragraph 1 3 hereof. Notwithstanding anything to the contrary herein, Paragraphs 1 1 and 15 shall survive the termination or expiration of this easement.

48 8 City Index No.

ACCEPTANCE OF TERMS AND CONDITIONS

IN WITNESS WHEREOF Grantor and Grantee have executed this Easement Deed the day and year written below and have agreed to be bound by the terms and conditions hereof.

GRANTOR: SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT

By:

Name:

Title: Chair, Board of Supervisors
Date:

GRANTEE: CITY OF FONTANA

By:

Name: Matthew C. Ballantyne

Title: City Manager

Date:

49 9 City Index No.

ALL-PURPOSE 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 CALIFORNIA
COUNTY OF _________________

On ______________________, before me,__________________________________________ , Notary Public, personally appeared ________________________________________________, 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:________________________________ (Seal)

50 10 City Index No.

CITY OF FONTANA ACCEPTANCE CERTIFICATE

This is to certify that the interest in property conveyed by the deed or grant deed dated ______________________from the San Bernardino County Flood Control District, a body corporate and politic, to the City of Fontana, 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.

By:______________________

Gia Lam Kim, P.E.

City Engineer
City of Fontana

_________________________________________________________________________________

ALL-PURPOSE 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 CALIFORNIA
COUNTY OF _________________

On ______________________, before me,__________________________________________ , Notary Public, personally appeared ________________________________________________, 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:________________________________ (Seal)
51 EXHIBIT'A"

LEGAL DESCRIPTION

SEWER EASEMENT

IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING THAT PORTION OF THE WEST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 1.

NORTH, RANGE 6 WEST, SAN BERNARDINO MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHEAST CORNER OF SAID WEST HALF OF THE EAST HALF OF SECTION 13; THENCE ALONG THE SOUTHERLY LINE OF SAID SECTION SOUTH 89"22'58,, WEST, 459.24 FEET TO THE

NORTHWESTERLY LINE OF THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT RIGHT OF WAY AS DESCRIBED IN THE DEED RECORDED FEBRUARY 7,1972IN BOOK 7853, PAGE 478 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY; THENCE ALONG SAID NORTHWESTERLY LINE NORTH 52'50'28'' EAST, 97.6T FEET TO THE SOUTHEASTERLY CORNER OF LOT'N" OF TRACT NO. 1.8824, FILED IN BOOK 336, PAGES 1.7 THROUGH 22 OF MAPS IN SAID OFFICE OF THE COUNTY RECORDER, AND BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE NORTH 52'50'28'' EAST, 325.65 FEET TO A POINT THEREON WHICH BEARS SOUTH 52"50'28'' WEST 153.97 FEET FROM THE EAST LINE OF SAID WEST HALF OF THE EAST HALF OF SECTION 13;
THENCE SOUTH 37"08'33'' EAST 25.00 FEET TO A LINE THAT IS PARALLEL WITH AND 25.00 FEET SOUTHEASTERLY FROM SAID NORTHWESTERLY LINE;
THENCE ALONG SAID PARALLEL LINE SOUTH 52'50'28'' WEST 291.94 FEET TO THE NORTHERLY LINE OF SAID DUNCAN CANYON ROAD;
THENCE ALONG SAID NORTHERLY LINE SOUTH 89"22,58" WEST 41.96 FEET TO THE TRUE POINT OF POINT OF BEGINNING;
THE ABOVE DESCRIBED PARCEL CONTAINS 7,720 SQUARE FEET MORE OR LESS ALL AS SHOWN ON EXHIBIT "B", ATTACHED HERETO.

THIS DESCRIPTION WAS PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS' ACT.

X; 7t1312022
KURT R. TROXELL, L.S. 7854 DATE
No.7854
10 City lndex No._
52 DAIE: 07/05/2022
FN: 1289-002-HAWKER DED
DRAWN BY: GTS/PC
CHECKED BY: KRT
SHEET 1 OF 1

EXHIBIT ''B''

T TO ACCOMPANY LEGAL DESCRI
Of: SEWER EASEMENT

LINE TABLT
LENGTH

25.00'

41.96'

97.61',

BEARING
s37'08'33"E
s89'24'J3"W
N52"50'28"E
NO
L+
L5
L6
I
l
F
0' 50' 100'
ald
E vb
bc\
d|r)
s8e'2t5d'w nseil-
DUNCAN
P.O.C
ROAD
1 00'
L5
T.P.O.B
CANYON
IINF I FGFND:

SEWER EASEMENT

SECTION LINE
-

RIGHT OF WAY LINE

CENTERLINE
11 City lndex No
53 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2710 Agenda Date: 1/23/2024
Agenda #: F. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Declaring a Portion of Real Property City-owned on Oleander Avenue Exempt Surplus Land RECOMMENDATION:

1. Adopt Resolution No. 2024-001, declaring a portion of real property City-owned on Oleander Avenue Exempt Surplus Land, located between South Highland Avenue and Highland Avenue.

COUNCIL GOALS:
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.

DISCUSSION:

This staff report pertains to 3,065 square feet of land on west side of Oleander Avenue, situated between South Highland Avenue and Highland Avenue. This land is a portion adjacent to Assessor Parcel Number 0240-011-53. The parcel is made up of the remnant portion of a parcel that was previously dedicated in fee for road purposes within the County of San Bernardino and fee owned by Caltrans. The parcel involved is described and depicted in the attached Exhibit A of Resolution No. 2024-001. The City no longer needs this parcel for streets or highways purposes and the highway is not included in the City’sGeneral Plan Community Mobility and Circulation Element. Once the land is declared exempt surplus, the City may vacate the parcel and sell the land to the adjacent landowner.

The staff has determined that the parcel in question may be declared “exempt surplus land” under the Surplus Land Act (Act). The Act provides for several exemptions including “surplusland that is … less than 5,000 square feet in area” (Cal. Gov. Code § 54221(f)(1)(B)) and “surplus land that is a former street, right of way, or easement, and is conveyed to an owner of an adjacent property”(Cal.

Gov. Code § 54221(f)(1)(E)). None of the characteristics under Gov. Code § 54221(f)(2) apply to the parcel. Staff recommends that the City Council adopt the attached resolution, which makes the statutorily required declarations and findings to declare the land exempt surplus.

The Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”).Staff has determined that the designation of this property as exempt surplus does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3), because it is not a project as defined by the CEQA Guidelines, Section 15378.

City of Fontana Printed on 1/17/2024Page 1 of 2
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54 File #: 21-2710 Agenda Date: 1/23/2024
Agenda #: F. Category: Consent Calendar
FISCAL IMPACT:

There is no fiscal impact for declaring the land surplus.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 1/17/2024Page 2 of 2
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55 City of Fontana, California

Vicinity Map
Not to Scale

Location Map
56 1 of 5

RESOLUTION NO. _______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FONTANA DECLARING PURSUANT TO GOVERNMENT CODE
SECTION 54221 THAT REAL PROPERTY OWNED BY THE

AGENCY LOCATED AS SHOWN ON THE ATTACHED LEGAL

DESCRIPTION, LOCATED ON OLEANDER AVENUE, IS EXEMPT

SURPLUS LAND FOR PURPOSES STATED HEREIN , AND

FINDING THAT SUCH DECLARATION AND AUTHORIZATION IS

EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.

WHEREAS, the City of Fontana (the “Agency” or the “City”) is the owner in fee simple of that certain real property described in Exhibit “A”, attached and incorporated herein, which property is approximately 3065 square feet in size and is located on Oleander Avenue in the City of Fontana (“Property”); and WHEREAS, the Property is less than one half -acre in area and is not contiguous to land owned by the City that is used for open -space or low - and moderate-income housing purposes; and
WHEREAS, the Property, at the time of the conveyance, will be a former street, right-of-way, or easement, and is to be conveyed to the owner of adjacent land provided that the City vacates that portion of Oleander Avenue prior to the conveyance; and
WHEREAS, the City no longer has any use for the Property and it is not part of the City’s General Plan Community Mobility and Circulation Element; and WHEREAS, the Surplus Land Act, Government Code sections 54220 et seq. (as amended, the “Act”), applies when a local agency disposes of “surplus land,” as that term is defined in Government Code section 54221; and WHEREAS, the Property is “surplus land” under the Act, because it is land owned in fee simple by the Agency for which the City Council will take formal action (in the form of adoption of this resolution) in a regular public meeting declaring that the land is surplus and is not necessary for the Agency’s use; and WHEREAS, the Act exempts certain surplus land from its requirements, including land that is (i) “less than one-half acre in area and is not contiguous to land owned by the state or local agency that is used for open -space or low- and moderate-income housing purposes.” (Government Code section 54221(f)(1)(B)), and “land that is a former street, right -of-way, or easement, and is conveyed to an owner of an adjacent property .” (Government Code section 54221(f)(1)(E)); and
57 Resolution No. _____
2 of 5

WHEREAS, Government Code sectio n 54221(f)(1)(B) currently applies to the Property, and Government Code section 54221(f)(1)(E) will apply to the Property at the time of sale contingent on the occurrence of vacation of that portion of Oleander Avenue; and

WHEREAS, none of the characteristics listed in Government Code section 54221(f)(2) apply to the property; and

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City o f Fontana, California, as follows:

Section 1. The above recitals are true and correct and are a substantive part of this Resolution.

Section 2. The City Council hereby declares that (i) the Property is surplus land and not necessary for the Agency’s use, and (ii) the Property is exempt from the Act pursuant to section 54221(f)(1)( B) of the Act , and (iii) the Property will be exempt from the Act pursuant to section 54221(f)(1)(E) for purpose of sale to the adjacent property owner . The bas es for this declaration are the findings that:

A. The Property is approximately 3065 square feet in area, B. The Property is not contiguous to land owned by the local agency that is used for open-space or low- and moderate-income housing purposes, and
C. The City will conduct a vacation of the portion of Oleander Avenue between Highland Avenue and South Highland Avenue prior to the proposed sale. The Property will be included in the area of the proposed vacation.

Section 3. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq. ) (“CEQA”). Agency staff has determined that the designation of this property as exempt surplus does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3), because it is not a project as defined by the CEQA Guidel ines, Section 15378. Adoption of the Resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. If and when the Property is sold to a p urchaser, and that purchaser proposes a use for the Property that requires a discretionary permit and CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA. 58 Resolution No. _____
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Section 4. If any section, subsection, paragra ph, sentence, clause or phrase of this Resolution is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Resolution.

Section 5. The City Clerk shall certify to the adoption of this Resolution.

APPROVED AND ADOPTED the 23rd day of January, 2024.

READ AND APPROVED AS TO LEGAL FORM:

_______________________________
City Attorney

I, Germaine Key, City Clerk of the City of Fontana, and E x-Officio Clerk of the City Council, do her eby certify that the foregoing resolution is th e actual resolution duly and regularly adopted by the City Counc il at a regular meeting on the 23rd day of January, 2024, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

_______________________________
City Clerk of the City of Fontana

_______________________________
Mayor of the City of Fontana

ATTEST:

_______________________________
City Clerk

59 Resolution No. _____
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Exhibit A
Legal Description
THAT PORTION OF LOT 10 OF TRACT 1909, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA ACCORDING TO MAP FILED IN BOOK 27, PAGE 70 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 10, SAID CORNER BEING THE POINT OF INTERSECTION OF THE WESTERLY LINE OF OLEANDER AVENUE (60.00 FEET WIDE) WITH THE SOUTHERLY LINE OF HIGHLAND AVENUE (60.00 FEET WIDE) AS SHOWN ON SAID MAP; THENCE ALONG SAID WESTERLY LINE OF SAID OLEANDER AVENUE, SOUTH 00° 15' 56" EAST, 21.296 METERS; THENCE SOUTH 89° 44' 04" WEST, 1.524 METERS TO A POINT ON A NON -TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 11.131 METERS, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 89° 44' 04" EAST; THENCE NORTHWESTERLY, ALONG SAID CURVE, AN ARC LENGTH OF 5.425 METERS THROUGH A CENTRAL ANGLE OF 27° 55' 24" TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 24.445 METERS, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 61° 48' 40" WEST; THENCE NORTHERLY, ALONG SAID CURVE, AN ARC LENGTH OF 16.573 METERS THROUGH A CENTRAL ANGLE OF 38° 50' 38" TO A POINT ON THE NORTHERLY LINE OF SAID LOT 10, SAID NORTHERLY LINE BEING THE SOUTHERLY LINE OF SAID HIGHLAND AVENUE; THENCE ALONG SAID NORTHERLY LINE, NORTH 89° 40' 42" EAST, 5.223 METERS TO THE POINT OF BEGINNING.

TOGETHER WITH THAT PORTION OF THE WEST HALF OF OLEANDER AVENUE ADJACENT THERETO,

BOUNDED NORTHERLY BY THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID LAND

DESCRIBED ABOVE AND BO UNDED SOUTHERLY BY THE EASTERLY PROLONGATION OF THE

SOUTHERLY LINE OF SAID LAND DESCRIBED ABOVE, WHICH UPON VACATION WOULD REVERT TO THE FEE OWNER OF SAID LAND BY OPERATION OF LAW.

THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON TH E CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 5. MULTIPLY ALL DISTANCES USED IN THE ABOVE DESCRIPTION BY 1.00009175 TO OBTAIN GROUND LEVEL DISTANCES.

APN: ADJACENT TO 0240-011-53-0-000

60 Resolution No. _____
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For visual reference only, the land exempt from the Surplus Land Act is depicted below as Parcel 3:

61 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2712 Agenda Date: 1/23/2024
Agenda #: G. Category: Consent Calendar
FROM:

Development Services
SUBJECT:

Lease Agreement for Fire Station 81
RECOMMENDATION:

1. Approve Lease Agreement between the Fontana Fire Protection District and the City of Fontana.

2. Authorize the City Manager and/or his designee(s) to execute Lease Agreement on behalf of the City of Fontana, including extensions and non-material amendments.

COUNCIL GOALS:
· Improve public safety by increasing operational efficiency, visibility and availability. · Practice sound fiscal management by developing long-term funding and debt management plans.

DISCUSSION:

The City of Fontana owns a parcel of land located at 16615 Casa Grande Avenue, Fontana, CA, more specifically described as APN 1118-371-37. The parcel is approximately 58,172 square feet and contains the newly constructed Fire Station 81. Construction of the new Fire Station is anticipated to be completed imminently and shall be occupied by San Bernardino County Fire Department staff to further the fire safety and fire protection goals and demands of the City of Fontana.

The lease for this property is proposed at current market value so that the City can realize revenues similar to what would otherwise be provided by alternative improvement. Current rent for this facility will be $0.91 per square foot, or a monthly gross rental amount of $52,936.52, which amount shall increase by 2% each new fiscal year beginning July 1, 2024.

FISCAL IMPACT:

With approval of the Lease Agreement, the Fontana Fire Protection District will pay $52,936.52/month in total rent for the use of Fire Station 81 commencing on March 1, 2024. The initial lease payment for the period March 1, 2024, through June 30, 2024 shall be due and payable on date of commencement. Future Lease payments will be made bi-annually in July and January and will reflect the amount due for the upcoming six months. Rental income to be deposited in Fund 115.

Appropriate paperwork will be sent to the Budget office and revenue budget will be updated with the Mid-Year Budget report.

City of Fontana Printed on 1/17/2024Page 1 of 2
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62 File #: 21-2712 Agenda Date: 1/23/2024
Agenda #: G. Category: Consent Calendar
MOTION:

Approve staff recommendation.

City of Fontana Printed on 1/17/2024Page 2 of 2
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63 16498.00372\40646600.3

1 COMMERCIAL LEASE AGREEMENT
THIS COMMERCIAL LEASE AGREEMENT (the " Lease") is made and entered into by and between CITY OF FONTANA , a municipal corporation ("Landlord") and FONTANA FIRE PROTECTION DISTRICT , a subsidiary district of the City of Fontana ("Tenant"), under the following terms and conditions:

Introduction. Landlord owns the commercial property located at 16615 Casa Grande Avenue, Fontana, California, 92335, located in the City of Fontana California (APN 1118-371-37) (the “Property”). The Property is improved with Fire Station No. 81 and other improvements.

Tenant’s occupancy will begin on February 1, 2024.

Description of the Leased Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord a portion of the Property consisting of approximately 58,172 square feet, known as 16615 Casa Grande Avenue , referred to herein as the " Premises" and shown on Exhibit A.

Term, Occupancy, and Renewal.
a. Term. The term of this Lease shall commence on February 1, 202 4 (the "Commencement Date") and shall continue until June 30, 2035. b. Option to Renew. Provided Tenant is not in default under any terms of this Lease, and in the sole and absolute discretion of Landlo rd, Tenant is hereby granted an option to renew this Lease, under the same terms and conditions as set forth in this Lease, for the further term of 10 years from and after the expiration of the original term of this Lease as set forth under Section 3(a) (t he " Renewal Term ") by giving Landlord written notice of election of exercise option to at least 120 days prior to the expiration of the then unexpired term; provided, if Tenant fails to timely notify Landlord of election to extend for any option period, al l succeeding option periods, if any, shall automatically expire and lapse and the Lease shall terminate at the end of the term then in effect.

Rent. The annual rent as of the Commencement Date shall be $0.91 per square foot per month, or $52,936.52 per month, and $317,619.12 for each six-month period (“Six-Month Period Payment”), subject to increase as provided in Section 4(d) below (“Base Rent”). Upon execution of the Lease, Tenant shall immediately remit payment in the amount of $262080.00 in satisfaction of rent due for the months of February, March, April, May, and June of 2024 . Tenant shall, commencing on July 1, 2024 and continuing thereafter on the first business day of each six-month period, pay Landlord such Six-Month Period Payment, without setoff, deduction or demand. a. Late Charge. Tenant acknowledges that late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease. If any installment of rent due from Tenant is not received by Lan dlord within ten (10) days after it becomes due, Tenant shall pay to Landlord an additional sum of 5% of the overdue rent as a late charge. The parties agree that this late charge represents a fair and reasonable estimate of the costs that Landlord will i ncur by reason of late payment by Tenant. Acceptance of any late charge shall not constitute a waiver of Tenant's default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord.
64 16498.00372\40646600.3

2 b. Interest on Unpaid Rent . Rent or other charges under this Lease not paid within five (5) days of the date due shall, in addition to any late charges under Section 4(b) above, bear interest at the lesser of the maximum legal rate or 10% per annum from the date due until paid. c. Annual Adjustment. Beginning on July 1, 2024, Base Rent shall increase by 2%, and then annually at the end of each 12-month period by 2.0% (rounded to nearest full cent).

Place of Payment of Rent . Rent and all other sums which shall become due under this Lease, including but not limited to late charges and additional rent, shall be payable by hand delivery or mail at City of Fontana, 8353 Sierra Ave, Fontana, California 92335 , or at such other place as Landlord may designate from time to time in writing. Mailed payments must be received (not postmarked) by Landlord by the date due.

Condition of, and Improvements to, Premises.
a. Improvements. Under this Lease, Landlord shall have no obligation or responsibility, actual or implied, to install, construct, accommodate, or make any improvements to the Premises prior to, or as a condition of, Tenant's occupation of the Premises. b. As-Is Condition . Tenant warrants and agrees that Tenant has inspected the Premises. Tenant agrees to take posses sion of the Premises in an AS -IS condition (which exists on the date this Lease is signed) and Tenant further agrees that, if Tenant wishes to construct any improvement in the Premises, Tenant shall comply with all requirements in Exhibit B as well as Section 13 (Alterations and Liens) of this Lease. Landlord makes no representations regarding the condition, status, compliance with laws or suitability for a particular purpose for Tenant's use. c. Condition Upon Surrender. Upon termination of this Lease, Tenant shall surrender the Premises to Landlord in as good condition as when originally received, ordinary wear and tear and damage by fire, earthquake, flood or act of God excepted, and including any repairs or improvements made by Tenant. If Tenant fails to maintain the Premises in good order and repair, after thirty (30) days' prior written notice, Landlord may, at its option, make such repairs, and Tenant shall pay the reasonable cost thereof as additional rent hereunder within ten (10) days after receipt of a written statement therefor. In the event the giving of thirty (30) days' prior notice may result in additional damage to the Premises, Landlord may make such repairs, at Tenant's expense, without thirty days' prior written notice.
d. Inspection by Certified Access Specialist . Landlord discloses that the Premises have not undergone inspection by a Certified Access Specialist as referenced in California Civil Code Section 1938 subsection (e) which provides: "A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the comme rcial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant.

The parties shall mutuall y agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises." Pursuant to the foregoing Section 1938(e), Tenant acknowledges and agrees that, if Tenant wishes to have the Premises inspected by a CASp: (i) Tenant must notify Landlord on or before the date 65 16498.00372\40646600.3

3 when Tenant executes this Lease pursuant to the election below; (ii) the inspection will be at Tenant's sole cost and expense; (iii) the inspection must be scheduled through Landlord and in coordination with the Building’s property manager; (iv) any repairs or modifications necessary to correct any violation of construction-related accessibility standards that is noted in the CASp report shall be Tenant’s responsibility; and (v) Tenant must provide a copy of the CASp report to Landlord on completion. By initialing below, Tenant represents that:

Tenant wishes to have a CASp inspection of the Premises Initials: ______________ Tenant hereby waives its right to have a CASp inspection of the Premises Initials: ____________ Use. The Premises shall be used only for the operation of Fire Station No. 71 and for no other purpose (“Permitted Use”). Tenant shall not use any portion of the Premises for purposes other than those specified without first obtaining the written consent of Landlord.

Uses Prohibited. In addition to uses pr ohibited pursuant to Paragraph 7, Tenant shall not do or permit anything to be done in or about the Premises nor bring or keep anything therein which is not within the permitted use of the Premises which will in any way increase the existing rate of or affect any fire or other insurance upon the Property or any of its contents, or cause a cancellation of any insurance policy covering the Property or any part thereof or any of its contents. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Property or injure or annoy them or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose; nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or allow to be committed any waste in or upon the Premises. Under no circumstances shall the right herein granted to use the Common A reas be deemed to include the right to sell or solicit in any manner or store any property, temp orarily or permanently, in the Common A reas.

Any such storage shall be permitted only by the prior written consent of Landlord or Landlord's designated agent, which consent may be revoked at any time. In the event that any unauthorized storage shall occur then Landlord shall have the right, without notice, in addition to any other rights and remedies that it may have, to remove the property and charge the cost to Tenant, which cost shall be payable as additional rent immediately upon demand by Landlord.

Compliance with Laws/Hazardous Materials.
a. Tenant, at Tenant's expense, shall comply with and cause all of Tenant's agents to comply with all applicable laws, ordinances, rules and regulations of government al authorities applicable to the Premises or the use or occupancy thereof, including, without limitation, the law commonly known as the Americans With Disabilities Act and California Code of Regulations Title 8, Sections 3281 through 3299 (collectively, "Laws"). b. Tenant shall not cause or permit any Hazardous Materials, as defined below, to be brought upon, kept, used, discharged, deposited or leaked in or about the Premises or the Property by Tenant or any of Tenant's agents or by anyone in the Premises (other than Landlord or its agents, employees or contractors), except to the extent such Hazardous Materials are cleaning or office supplies customarily kept or used in operation of a fire station, provided, however all such Hazardous Materials shall be and shall be kept and used in accordance with all applicable laws. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of any Hazardous Material on the Premises or the Property caused or suffered or permitted by Tenant or 66 16498.00372\40646600.3

4 any of Tenant's agents or by anyone in the Premises (other than Landlord or its agents, employees or contractors) results in contamination of the Premises or the Property, or if contamination of the Premises or the Property by any Hazardous Material otherwise occurs for which Tenant is legally liable, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, damages, costs, liabilities and expenses (including, without limitation, diminution in value or use of the Property, attor neys' fees, consultant fees and expert fees) which arise during or after the Term as a result of such contamination. This indemnification shall include, without limitation, costs incurred in connection with any investigation of site conditions or any clea n-up, remedial, removal or restoration work on or under the Premises. " Hazardous Material " means any hazardous or toxic substance, material or waste which is or becomes regulated by any local, state or federal governmental authority or by common law decisions, including without limitation (i) all chlorinated solvents, (ii) petroleum products or by-products, (iii) asbestos and (iv) polychlorinated biphenyls.

Waste; Nuisance; Quiet Enjoyment . Tenant shall not suffer or commit any waste or nuisance on the Premises, nor shall Tenant interfere with or obstruct the rights of or disturb the quiet enjoyment of any other tenant or occupant of the building or injure or annoy them. Tenant shall not use or allow the Premises to be used for any improper, immoral, or objectionable purposes, to be determined Landlord's sole and absolute judgment.

Repair and Maintenance.
a. Landlord’s Repair and Maintenance. Landlord shall repair and maintain the roof, structural foundations, exterior walls of the building, and Common A reas in which the Premises are located unless the need for such repair shall be caused by the neglect, misuse, or misconduct of Tenant, its agents, employees or invitees, in which case Landlord shall promptly cause the repairs to be made at Tenant's sole expense. Within ten (10) days after receipt of a written notice that Landlord has made repairs that were caused by the neglect, misuse, or misconduct of Tenant, its agents, employees or invitees, Tenant shall promptly reimburse Landlord within thirty (30) days of invoice for the cost of all such repairs and maintenance. Landlord shall not be required to make any repairs to the roof, structural foundation, or exterior walls unless and until Tenant has notified Landlord in writing of the need for such repair s and Landlord shall have had a reasonable period thereafter to commence and
b. Tenant’s Repair and Maintenance. Tenant shall, at Tenant's sole cost and expense, maintain the Premises except as noted under Section 11(a), above, in good cond ition and repair.

Said maintenance shall include but not be limited to, the interior of the Premises, exterior doors and windows, all fixtures and equipment, including without limitation, heating and ventilation systems, plate glass, electrical wiring, plumbing fixtures, plumbing drains (from the interior of the Premises to the point of connection of Tenant's drainage system with the sanitary sewer system owned, managed, and/or maintained by the local municipality). Tenant hereby waives California Civil Code Sections 1932(1), 1941 and 1942 and any other applicable existing or future law, ordinance or governmental regulation permitting Tenant to make repairs at Landlord's expense. c. Trade Fixtures And Equipment . Tenant at its own expense shall provide and maintain all trade fixtures and equipment reasonably required to enable it to conduct its business in the Premises in a business-like manner. Tenant shall keep all trade fixtures and equipment clean and in good repair. Kitchens or other food preparation facilities shall be steam cleaned annually.

Landlord may inspect the Premises annually to ensure good maintenance practices and review the 67 16498.00372\40646600.3

5 current condition of the Premises pursuant to Section 15. Such fixtures and equipment shall remain the property of Tenant, and Tenant may remove or if required to do so by Landlord, shall remove the same or any part thereof upon the termination of this Lease. Prior to lease expiration or earlier termination, Tenant shall repair at its own expense any damage to the Premises caused by its removal of said fixtures or equipment. All trade fixtures and equipment installed by Tenant pursuant thereto shall not be subject to, and shall be free of any lien for payment of rent by Tenant or for the performance of any other obligation of Tenant. Tenant shall keep Tenant's fixtures and equipment insured for full replacement value.
d. Utilities. To the extent separately assessed, billed or charged, Tenant shall pay, during the term hereof, all electric, water, gas, telephone, and other public utility c harges in connection with its occupancy and use of the Premises, including all costs of operating and maintaining all equipment therein, and all business taxes and all taxes upon the property and fixtures of the Tenant. To the extent not separately assessed, billed or charged, such charges shall be subject to this Section 12 (Additional Rent). Landlord shall not be responsible for any interruptions or disturbance of service regardless of whether Tenant is paying directly for such services or if such services are being contracted for by Landlord, nor shall there be any abatement of rent resulting from any cessation or interruption of utility service or other service contemplated by this section. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law, ordinance or governmental regulation permitting the termination of this Lease due to the interruption of failure of any services to be provided under this Lease.
e. Revenue & Taxation Code Section 107.6 Possessory Interest Tax . Tenant recognizes and understands that this Lease may create a possessory interest subject to property taxes and that, if a possessory interest is created, Tenant shall, in accordance with this Section 12(e) hereof, be responsible for payment of property taxes levied against such possessory interest.

Alterations and Liens. Tenant shall not make or cause to be made any alterations, additions, or improvements to or of the Premises or any part thereof without the prior written consent of Landlord. If any alterations require additional changes to comply with Laws which are tr iggered by Tenant's alterations, all such resulting requirements to comply with Laws shall be at Tenant's expense and any Landlord consent to such alterations shall be conditioned on Tenant's payment for same. Any alterations, additions, or improvements affixed to the Premises, except furnishings, equipment, and trade fixtures, shall, at Landlord 's option, become part of the real property and belong to Landlord on expiration or termination of the term and any extension thereof. If Landlord consents to the making of any alteration, additions, or improvements to the Premises, they shall be made at Tenant 's sole cost and expense . Tenant shall comply with the provisions of Exhibit B with regard to all Alterations and Improvements. Tenant shall keep the Premises free and clear of any liens or encumbrances which may arise from such work. At Landlord 's option, Tenant shall, at its sole cost and expense, remove all such additions, alterations, and improvements from the Premises at the end of the term hereof and repair any damage to the Premises occasioned by such removal. If Tenant shall fail to complete such removal and repair such damage within ten (10) days after such termination, Landlord may do so and Tenant shall pay the reasonable cost thereof as additional rent within ten (10) days after Landlord shall render to Tenant a written statement therefor. In the event Tenant makes any alterations to the Premises that trigger or give rise to a requirement that the Premises come into compliance with any government al laws, ordinances, statutes, order and or regulations (such as ADA requirements), Tenant shall be fully responsible for complying, at its sole cost and expense with same. Tenant shall file a Notice of Completion 68 16498.00372\40646600.3

6 after completion of any alteration or imp rovement and provide Landlord with a copy thereof.

Tenant shall provide Landlord with a copy of a set of “as built” drawings of any such work.

Assignment and Subletting. Tenant shall not either voluntarily, or by operation of law, assign, transfer, mortgage, pledge, hypothecate or encumber this Lease or any interest therein, and shall not sublet the said Premises or any part thereof, or any right or privilege appurtenant thereto, or allow any other person (the employees, agents, servants and invitees of T enant excepted) to occupy or use the said Premises, or any portion thereof, without first obtaining the written consent of Landlord which shall not be unreasonably withheld. If an assignment or subletting involves a use other than that permitted in Paragr aph 7 above, Tenant must comply with said Paragraph 7.

Consent to one assignment, subletting, occupation or use by another person shall not be deemed to be consent to any subsequent assignment, subletting, occupation or use by another person.

Consent to any such assignment or subletting shall in no way relieve Tenant of any liability under this Lease. Any such assignment or subletting without such consent shall be void, and shall, at the option of the Landlord, constitute a default under the terms of thi s Lease. No sublease or assignment shall release Tenant from continuing liability hereunder. In the event that Landlord shall consent to a sublease or assignment hereunder, Tenant shall pay Landlord reasonable attorney fees and costs incurred in connection with the processing of documents necessary to giving of such consent. Any excess consideration above the rental rate provided in this Lease Tenant is entitled to as a result of any assignment or sublease shall be divided and paid 50% to Tenant and 50% to Landlord; provided, however, that if Tenant is in default under this Lease, Landlord shall be entitled to all such excess consideration
Entry by Landlord. Except for emergencies such as fire, water intrusion and the like which may be at any time, Landlord and its agents shall have the right to enter the Premises at reasonable times to inspect and examine the same and to make such repairs to the Premises as the Landlord shall deem advisable, and to show the Premises to prospective tenants, buyers or lenders.

Indemnification.
a. Waiver of Claims. To the extent permitted by law, Tenant waives all claims against Landlord for damage to person or property arising for any reason. Tenant assumes all such risks for Tenant and any employees, licensees, invitees, agents, or contractors. b. General Indemnity. Tenant shall indemnify, protect, defend (at Tenant's sole cost and with legal counsel acceptable to Landlord ) and hold harmless, Landlord and Landlord’s affiliated entities, and each of their respective members, ma nagers, partners, officers, employees, volunteers, council members, board members, lenders, agents, contractors, successors and assigns from and against any and all claims, judgments, causes of action, damages, penalties, costs, liabilities, and expenses, including all court costs and attorney fees, arising at any time during or after the Term, as a result (directly or indirectly) of or in connection with (i) default in the performance of any obligation on Tenant’s part to be performed under the terms of th is Lease, or (ii) Tenant’s use of the Premises, the conduct of Tenant’s business or any activity, work or things done, permitted or suffered by Tenant or Tenant’s employees, agents, customers, visitors, invitees, licensees, contractors, assignees or subten ants (individually, a “ Tenant Party” and collectively “Tenant Parties”) in or about the Premises, the Property, the Common Area or other portions of the Premises except as provided by law or for claims caused solely by Landlord’s gross negligence or willful misconduct. Tenant’s indemnity is not intended to nor shall it relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions 69 16498.00372\40646600.3

7 of this Lease to the extent such policies cover the results of negligent acts or omissions of Landlord, its employees, agents, volunteers, contractors, council members, board members and officers or the failure of Landlord to perform any of its obligations under this Lease. The obligations of Tenant under this Section 16(b) shall survive the termination or earlier expiration of this Lease. c. Exemption of Landlord from Liability . Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to the Premises and its property including, but not limited to, Tenant's fixtures, equipment, furniture and alterations, or illness or injury to persons in, u pon or about the Premises, arising from any cause, and Tenant hereby expressly releases Landlord and waives all claims in respect thereof against Landlord, except only such claims as are caused solely by Landlord's gross negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant's business or any loss of income therefrom or for damage to the property of Tenant, or injury to or illness or death of Tenant or any Tenant Party or any other person in or about the Premises, whether such damage, illness or injury is caused by fire, steam, electricity, gas, water or rain, or from the breakage, leakage or other defects of sprinklers, wires, appliances, ventilation, plumbing, air conditioning or lighting fixtures, or from any other cause, and whether said damage, illness or injury results from conditions arising upon the Premises, upon other portions of the Property or from other sources or places, and regardless of whether the cause of such damage, illness or injury or the means of repairing the same is inaccessible to Tenant, except only damage, illness or injury caused solely by Landlord's gross negligence or willful misconduct.

Insurance. Tenant shall obtain and maintain at all times during the Term of this Lease insurance against claims for injuries to personal or damages to property which may arise from or in connection with the Lease by the Tenant, its agents, representatives, employees, invitees, or subcontractors. Tenant shall obtain and furnish proof of cove rage as to each type of insurance required.
a. Property Insurance. During the Lease Term, Tenant shall, at Tenant's expense, maintain, or cause to be maintained, "All risk" property insurance including boiler and machinery comprehensive form, if applicable, covering damage to or loss of any of Tenant's personal property, fixtures, equipment and alterations, including electronic data processing equipment (collectively, "Tenant's Property") (and coverage for the full replacement cost thereof including business interruption of Tenant);
b. Liability Insurance. Commercial General Liability Insurance (Occurrence Form).

A policy of commercial general liability insurance (occurrence form) having a combined single limit of not less than Two Million Dollars ($2 ,000,000) per occurrence, Four Million Dollars ($2,000,000) in aggregate, providing coverage for, among other things, blanket contractual liability, Premises, products/completed operations with an "Additional Insured -Managers or Lessors of Premises Endorse ment" and containing the "Amendment of the Pollution Exclusion Endorsement" for damage caused by heat, smoke or fumes from a hostile fire, and personal and advertising injury coverage, with deletion of (a) the exclusion for operations within fifty (50) feet of a railroad track (railroad protective liability), if applicable, and (b) the exclusion for explosion, collapse or underground hazard, if applicable. The policy shall not contain any intra -insured exclusions as between insured persons or organizations , and shall include coverage for liability assumed under this Lease as an " Insured Contract" for the performance of Tenant's indemnity obligations under this Lease;
70 16498.00372\40646600.3

8 c. Automobile Liability Insurance. Business automobile liability insurance having a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence and insuring Tenant against liability for claims arising out of ownership, maintenance, or use of any owned, hired or non-owned automobiles;
d. Worker's Compensation . Workers' compensation insurance having limits not less than those required by state statute and federal statute, if applicable, and covering all persons employed by Tenant in the conduct of its operations on the Premises including coverage for all states and, if appli cable, voluntary compensation, together with employer's liability insurance coverage in the amount of at least One Million Dollars ($1,000,000); e. Other Insurance. Any other form or forms of insurance as Landlord or mortgagees of Landlord may reasonably require from time to time in form, in amounts and for insurance risks against which a prudent tenant would protect itself;
f. Business Interruption. Loss of income and extra expense insurance in amounts as will reimburse Tenant for direct or indirect loss of ea rnings attributable to all peril commonly insured against by prudent Tenants in the business of Tenant or to prevention of access to the Premises as a result of such perils;
g. Umbrella/Excess Liability Insurance. Umbrella or excess liability insurance may be used to satisfy the limits required in Section 17(a) and (b) above. The umbrella liability or excess liability policy shall be written on an "occurrence" form with a self -insured retention no greater than Ten Thousand Dollars ($10,000). Such policies shall name Landlord as an additional insured and shall be primary to any insurance maintained by Landlord. h. Waiver of Subrogation . The parties release each other, and their respective authorized representatives, from any claims (for damage to any person o r to the Premises and/or the building in which the Premises are located, and to the fixtures, personal property, Tenant 's improvements, and alterations of either Landlord or Tenant in or on the Premises and/or the building in which the Premises are located) that are caused by or result from risks which are insured against under any insurance policies carried by the parties and in force at the time of any such damage and to the full extent of any proceeds paid under said policies. i. Ratings, Certificates. All policies shall be taken out with insurers licensed to do business in California with a current Best Rating of (A, XIII) and in form satisfactory from time to time to Landlord. Certificates of insurance evidencing all such insurance and acceptable to the Landlord shall be filed with Landlord prior to occupancy of the Premises and at least ten (10) days prior to the expiration of the term of each policy thereafter. Such certificates of insurance must specifically show all the special policy conditions required in this Paragraph 9, including "additional insured," "waiver of subrogation," "notice of cancellation," and "primary insurance" wording applicable to each policy. Alternatively, a certified, true and complete copy of each properly endorsed policy may be submitted. All policies shall contain an undertaking by the insurers to notify Landlord and the mortgagees of Landlord in writing not less than thirty (30) days prior to any material change, reduction in coverage, can cellation, or other termination thereof.

Tenant shall furnish Landlord with proof of renewal or binders for new insurance at least thirty (30) days before the expiration date of each policy. With respect to CGL Insurance, Tenant shall name Landlord, its employees, elected officials, board members, officers, agents and volunteers as additional insureds with respect to Tenant's negligence for any claims arising out of Tenant's 71 16498.00372\40646600.3

9 operations in or upon the Premises. In addition, the CGL Insurance: (i) must be endorsed to be primary and non-contributory, rather than excess, with respect to each party's additional insured status; (ii) endorsed to provide cross -liability coverage if they do not contain a standard ISO separation of insureds provision; (iii) shall not contain any endorsement or provision that states the limits of the policy will not stack, pyramid or be addition to any other limits provided by that insurer, and (iv) have no cross suits exclusion, or any similar exclusion that excludes coverage for claims brought by an additional insured under the policy against another insured under the policy.

All insurance pol icies required by this Section 17 (i) must be issued by insurance companies having an "A" rating or better by Standard and Poor's, and if not rated by Standard & Poor's, then a rating of "A" by A.M. Best Company, and (ii) may be satisfied by a primary policy or combination of primary and umbrella policies. The insurance provisions set forth in this Section 17 set forth the minimum amounts and scopes of coverage to be maintained by Landlord and Tenant and are not to be construed in any way as a limitation on each party's liability under this Lease. Landlord, as a public entity, may satisfy any of its insurance requirements by use of self-insurance, deductible, captive insurance company or risk pool. The responsibility to fund any financial obligation for self -insurance, the election not to insure, and/or deductibles shall be assumed by, for the account of, and at the sole risk of each party. The application of coverage within this self -insurance, election not to insure, and/or deductible shall be deemed covered in accordance with the policy forms set forth in this Section 17.

Destruction of Premises.
a. Destruction Due to Risk Covered by Insuranc e. If, during the term of this Lease and any renewal term, the Premises or the Property and other improvements in which the Premises are located are totally or partially destroyed from a risk covered by insurance carried by either Tenant or Landlord for t he Property, rendering the Premises totally or partially inaccessible or unusable, Landlord shall restore the Premises or the Property, and other improvements in which the Premises are located, to substantially the same condition as they were immediately b efore destruction if they can be repaired within 270 days from date of destruction. Such destruction shall not terminate this Lease. If the existing laws do not permit the restoration, either party can terminate this Lease immediately by giving notice to the other party. Provided, however, if the cost of the restoration exceeds the amount of proceeds received from the insurance, or the estimate of time to fully restore the Premises exceeds the lesser of 270 days or the remaining Term of the Lease, Landlord can elect to terminate this Lease by giving notice to Tenant within fifteen (15) days after determining that the restoration cost will exceed the insurance proceeds. b. Destruction Due to Risk Not Covered by Insurance . If, during the term of this Lease and any renewal term, the Premises or the Property and other improvements in which the Premises are located are totally or partially destroyed by a risk not covered by the insurance, rendering the Premises totally or partially inaccessible or unusable, Landlord can elect to terminate this Lease by giving notice to Tenant within fifteen (15) days after determining the restoration cost and replacement value.
c. Abatement or Reduction of Rent. In case of destruction, there shall be an abatement or reduction of r ent between the date of destruction and the date of substantial completion of restoration based on the extent to which the destruction interferes with Tenant 's use of the Premises.
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10 d. Waiver of Civil Code Sections . Tenant waives the provisions of Californi a Civil Code Section 1932(2) and California Civil Code Section 1933(4) with respect to any destruction of the Premises.

Default and Landlord's Remedies.
a. Default. The occurrence of any of the following shall constitute a default by Tenant:
(1) Tenant shall f ail to pay when due any rent or any other monetary sum payable under this Lease.
(2) Tenant shall fail to observe, keep or perform any of the other terms, covenants, agreements or conditions contained in this Lease if such default continues for a period of ten (10) days after written notice by Landlord specifying the nature of the default with reasonable particularity, unless the nature of the default is such that more than ten (10) days is required to cure it and Tenant commences to cure it within such ten (10) -day period and thereafter diligently pursues it to completion.
(3) Tenant shall become bankrupt or insolvent or make a transfer in fraud of creditors, or make an assignment for the benefit of creditors, or take or have taken against Tenant any proceedings of any kind under any provision of the Federal Bankruptcy Act or under any other insolvency, bankruptcy or reorganization act and, in the event any such proceedings are involuntary, Tenant is not discharged from the same within thirty (30) days thereafter. (4) A receiver is appointed for a substantial part of the assets of Tenant, and such receivership is not released within thirty (30) days. (5) The abandonment of the Premises by Tenant, or the va cation (hereby defined to be thirty (30) or more consecutive days of continual absence from the Premises) of the Premises by Tenant.
(6) This Lease or any estate of Tenant hereunder shall be levied upon by any attachment or execution and such levy is not released within thirty (30) days.

Notices given under this Section shall specify the alleged default and the applicable Lease provisions, and shall demand that Tenant perform the provisions of this Lease or pay the rent that is in arrears, as the case may be, within the applicable period of time, or quit the Premises. b. Landlord's Remedies. If any default by Tenant shall occur, and following notice of default as required by this Lease (for the period applicable to the default under the applicable provision of this Lease), Landlord shall have the following remedies in addition to all other rights and remedies provided by law or equity, to which Landlord may resort cumulatively or in the alternative.
(1) Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder by giving written notice of such intention to terminate. In the event that Landlord shall so elect to terminate this Lease, then Landlord may recover from Tenant:
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11 (a) The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(b) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves could have been reasonably avoided; plus (c) The worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(d) Any other amount necessary to compensate L andlord for all the detriment proximately caused by Tenant 's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom; and (e) At Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable law.

As used in Subparagraphs (a) and (b) above of this Section, the "worth at the time of award" is computed by allowing interest at the maximum rate an individual is permitted by law to charge. As used in subparagraph (c) above, the "worth at the time of award " is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
(2) In the event of the vacation or abandonment of the Premises by Tenant, or in the event that Landlord shall elect to reenter as provided herein or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then Landlord shall have the remedy specified by Civil Code Section 1951.4, in which Landlord may from time to time recover all rental as it becomes due or relet the Premises or any part thereof for the account of Tenant on such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable, with the right to make alterations and repairs to the Premises. In the event that Landlord shall elect so to relet, then rentals received by Landlord from such reletting shall be applied first, to the payment of any indebtedness, other than rent due hereunder, owed by Tenant to Landlord; second, to the payment of any cost (including commissions) of such reletting; third, to the payment of the cost of any alterations and repairs to the Premises; fourth, to the payment of rent due and unpaid hereunder; and the residue, if any, shall be held by Landlord and applied in payment of future r ent as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of rent hereunder, be less than the rent payable during that month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord upon demand.

Tenant shall also pay to Landlord, as soon as ascertained, any and all costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.
(3) No reentry or taking possession of the Premises by Landlord pursuant to this Section shall be construed as an election to terminate this Lease unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction.
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12 Signs. All signs and graphics of every kind visible in or from public view or corridors, or the exterior of the Premises, whether inside or outside the Premises, shall be subject to Landlord’s prior written approval and shall be subject to compliance with any applicable Laws, including local sign ordinances and Historic Preservation laws. Landlord may provide, at its option, a building directory sign, for which Tenant shall pay its Proportionate Share.

Estoppel Certificate. Tenant shall execute and deliver to Landlord within ten (10) days of request a commercially reasonable estoppel statement. Landlord and Tenant intend that any estoppel statement delivered pursuant to this Section m ay be relied upon by any mortgagee, beneficiary, purchaser or prospective purchaser of the building or any interest therein and failure to execute and return such estoppel shall be a material breach of the Lease.

Eminent Domain. In case the whole of the Premises, or such part thereof that substantially interferes with the reasonable use of the Premises as a fire station, shall be taken for any public or quasi-public purpose by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, either party shall have the right to terminate this Lease effective as of the date possession is required to be surrendered to said authority. Tenant shall not assert any claim against Landlord or t he taking authority for any compensation because of such taking and Landlord shall be entitled to receive the entire amount of any award without deduction for any estate or interest of Tenant. In the event the amount of property or the type of estate taken shall not substantially interfere with the reasonable use of the Premises as a fire station, Landlord shall be entitled to the entire amount of the award without deduction for any estate or interest of Tenant. If there is no substantial interference or if there is substantial interference, but neither party elects to terminate, Landlord shall promptly proceed to restore the Premises to substantially the same condition as the Premises existed prior to such partial taking, to the extent possible by applica tion of the condemnation proceeds only, and a proportionate allowance shall be made to Tenant for the rent corresponding to the time during which, and to the part of the Premises of which Tenant shall be so deprived on account of such taking and restoration. Nothing contained in this Section shall be deemed to give Landlord any interest in any award made to Tenant for the taking of personal property and fixtures belonging to Tenant. Each party waives the provisions of California Code of Civil Procedure Section 1265.130 allowing either party to petition the Superior Court to terminate this Lease in the event of a partial taking of the premises.

Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Lease, the prevailing party shall be entitled to have and recover from the losing party reasonable attorney's fees and costs of suit.

Notices. Any notice required or permitted to be given hereunder may be given by personal delivery or by United Stat es certified mail, postage prepaid, addressed to Tenant at the Premises and to Landlord at 8353 Sierra Ave, Fontana, California 92335, or at such other address as the Landlord shall designate in writing.

Waiver; Accord and Satisfaction . No delay or omissi on in the exercise of any right or remedy of Landlord on any default by Tenant shall impair such right or be construed as a waiver.

The receipt and acceptance by Landlord of delinquent rent shall not constitute a waiver of any other default; it shall cons titute only a waiver of timely payment for the particular rent payment involved. No payment by Tenant or receipt by Landlord of a lesser amount than the rent payment herein stipulated shall be deemed to be other than on account of the rent, nor shall any endorsement 75 16498.00372\40646600.3

13 or statement on any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such rent or p ursue any other remedy provided in this Lease.

Time is of the Essence. Time is of the essence of this Lease as to the performance of all terms, covenants, and conditions stated herein.

Successors and Assigns . Except as otherwise provided herein, all of the terms and conditions hereof shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. In the event of any transfer, assignment or other conveyance or transfers of any such title or tenant, Landlord herein named (and in case of any subsequent transfers or conveyances, the then grantor) shall be automatically freed and relieved from and after the date of such transfer. Landlord may transfer its interest in the Premises without the consent of Tenant and such transfer or subsequent transfer shall not be deemed a violation on Landlord's part of any of the terms and conditions of this Lease.

Titles and Definitions. The titles of paragraphs herein are for identification only. They shall not be considered to be a part of this Lease and shall have no effect upon the construction or interpretation thereof. The words "Landlord" and "Tenant" as used in this Lease shall include both singular, plural, masculine, feminine, and neuter as the context shall require.

Entire Agreement/Amendment. This Lease contains the entire agreement of the parties and supersedes all prior negotiations, drafts, and other understandings which the parties may have concerning the subject matter hereof. This Lease may not be modifie d except by written instrument duly executed by the parties hereto or their successors in interest.

Choice of Laws; Interpretation. This Lease shall be governed by and construed pursuant to the laws of the State of California. The provisions of this Lease shall be construed in accordance with the fair meaning of the language used and shall not be strictly construed against either party.

Authority/Consents & Approvals. Each of the persons executing this Lease on behalf of Tenant warrants and represents th at Tenant is a duly organized and validly existing entity, that Tenant has full right and authority to enter into this Lease and that the persons signing on behalf of Tenant are authorized to do so and have the power to bind Tenant to this Lease. Tenant s hall provide Landlord upon request with evidence reasonably satisfactory to Landlord confirming the foregoing representations. The approval of Landlord, wherever required in this Lease, shall mean the approval of the City Council.

No Merger . The volunt ary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord, operate as an assignment to it of any or all subleases or subtenancies.

Recordation. Tenant shall not record t his Lease or a short form memorandum hereof without Landlord’s prior written approval.

No Third Party Benefit. This Lease is a contract between Landlord and Tenant and nothing herein is intended to create any third party benefit.
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14 Severability. If, for any reason whatsoever, any of the provisions hereof shall be unenforceable or ineffective, all of the other provisions shall be and remain in full force and effect.

IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease on the day and year set forth below.

LANDLORD TENANT
CITY OF FONTANA, a municipal
corporation

By:

Name:

Its:

Dated: _________________________

FONTANA FIRE PROTECTION DISTRICT,
a subsidiary district of the City of Fontana

By:

Name:

Its:

Dated: _________________________
APPROVED AS TO FORM:

BEST BEST & KRIEGER LLP

By: _______________________________

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1 EXHIBIT A

MAP OF PREMISES

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1 EXHIBIT B

REQUIREMENTS FOR ALTERATIONS AND IMPROVEMENTS BY TENANT If Landlord shall permit Tenant to construct any initial tenant improvements in the Premises or to have any work performed in the Premises at any time prior to or during the Lease term by a contractor retained by Tenant ("Tenants Work"), then Tenant shall comply with the requirements set forth herein, If Tenant's Work has been properly authorized, Tenant will receive written approval and consent for alterations to the Premises All alterations to the Pr emises, excepting movable furniture and trade fixtures, shall, at Landlord's option, become a part of the realty and belong to Landlord.

1. SUBMITTAL OF PLANS Prior to commencing any work in the Premises, Tenant shall submit to Landlord for approval its propo sed plans for the work Without limiting the foregoing, Tenant shall provide:

(a) A separate scale drawing denoting all proposed construction and/or demolition if necessary;
(b) A separate drawing for each trade proposing structural, electrical, mechanical, civil or landscaping modifications;
(c) Specify all dimensions and complete references to all work be performed in the affected areas;
(d) If adding extra electrical or mechanical equipment, -provide complete operating and maintenance specifications for each item;

2. CHECKLIST With respect to each project, Tenant with a checklist listing the items required to be furnished to Landlord in connection with the proposed work Tenant shall furnish to Landlord prior to, during, or upon completion of Tenants Work, as applicable , each of the items specified in the checklist attached hereto as Attachment I.

3. CONTRACTORS PROVIDING TENANT IMPROVEMENT SERVICES.
(e) The contractor employed by Tenant and any subcontractors shall be (i) duly licensed in the state in which the Premises are located, and (ii) subject to Landlord's prior written approval, which approval shall not be unreasonably withheld If more than one trade is employed on a single job, state law requires the services of a general contractor in addition to contractors for specialty work being performed;
(f) Each contractor shall provide proof of licensing as a general or specialty contractor in accordance with state law Additionally, each contractor shall furnish proof of licensing in the city or municipality in which the construction related activity is to take place; (g) Tenant shall use Landlord's subcontractor for mechanical, electrical, plumbing, roofing and roofing consultant Landlord retains the right to approve or disapprove outside contractors prior to commencement of any work;
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2 (h) Tenant and Tenant's contractors shall comply with all Applicable Laws pertaining to the performance of Tenant's Work and the completed improvements and all applicable safety regulations established by Landlord or the general contractor. (i) Prior to commencement of any Work in the Premises, Tenant and Tenant's contractors (and any subcontractors) shall obtain and provide Landlord with certificates evidencing Workers' Compensation, public liability and property damage insurance in amounts and forms and with com panies satisfactory to Landlord Each general contractor (and any subcontractor) employed on the Premises shall provide Landlord with a current certificate of insurance in effect for that contractor with a thirty (30) day notice of cancellation or revocatio n clause Insurance requirements are as follows:
(i) Comprehensive General Liability with a $2,000,000 Combined Single Limit covering the liability of Landlord and contractor for bodily injury and property damage arising as a result of the construction of the improvements and the services performed thereunder Landlord shall be named as an additional insured; (ii) Comprehensive Automobile Liability with a $2,000,000 Combined Single Limit covering Landlord and vehicles used by contractor (and any subcontractor) in connection with the construction of the improvements;
(iii) Workers' Compensation and Employer's Liability as required by law, for employees of the contractor (and any subcontractors) performing work on the Premises. (j) The following requirements shall be incorporated as "Special Conditions" into the contract between Tenant and its contractors and a copy of the contract shall be furnished to Landlord prior to the commencement of Tenant's Work. (i) Prior to start of Tenant's Work, Tenant's contractor shall provide Landlord with a construction schedule in "bar graph" form indicating the completion dates of all phases of Tenant's Work;
(ii) Tenant's contractor shall be responsible for the repair, replacement or clean-up of any damage done by it to other contractors' work which specifically includes access ways to the Premises which may be concurrently used by others; (iii) Tenant's contractor shall accept the Premises prior to starting any trenching operations Any rework of sub -base or compaction required after the contractor's initia l acceptance of the Premises shall be done by Tenant's contractor, which shall include the removal from the Project of any excess dirt or debris;
(iv) Tenant's contractor shall contain its storage of materials and its operations "within the Premises and such ot her space as it may be assigned' by Landlord or Landlord's contractor Should Tenant's contractor be assigned space outside the Premises, it shall move to such other space as Landlord or Landlord's contractor shall direct from time to time to avoid interference or delays with other work;
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3 (v) Tenant's contractor shall clean up the construction area and surrounding exterior areas daily All trash, demolition materials and surplus construction materials shall be stored within the Premises and promptly removed from t he Premises and disposed of in an approved sanitation site;
(vi) Tenant's contractor shall provide temporary utilities, portable toilet facilities, and potable drinking water as required for its work within the Premises and shall pay to Landlord's contractor the cost of any temporary utilities and facilities provided by contractor at Tenant's contractor's request;
(vii) Tenant's contractor shall notify Landlord or Landlord's project manager of any planned work to be done on weekends or other than normal job hours; (viii) Tenant's contractor or subcontractors shall not post signs on any part of the Premises;
(ix) Tenant shall and shall cause its contractors and subcontractors to:
pay prevailing wages in the construction of Tenant’s Work as those wages are determined pursuant to Labor Code Sections 1720 et seq.; employ apprentices as required by Labor Code Sections 1777.5 et seq.; and comply with the other applicable provisions of Labor Code Sections 1720 et seq., 1725.5, 1771, 1771.1, 1771.4, 1776, 1777.5 et seq., 1810 -1815 and the implementing regulations of the Department of Industrial Relations (the “DIR”) for all such Labor Code sections.

4. COSTS Tenant shall promptly pay any and all costs and expenses in connection with or arising out of the performance of Tenant's Work (including the costs of permits therefore) and shall furnish to Landlord evidence of such payment upon request.

5. MECHANIC'S LIENS
(a) Tenant shall not suffer or permit to be enforced against the Premises or any part of the Project any mechanic's, materialman's, contrac tor's or subcontractor's lien arising out of any work of improvement, however, it may arise
(b) Tenant shall notify Landlord at least ten (10) days prior to the commencement of construction of any Tenant's work and Landlord shall have the right to post and record a notice of non -responsibility in conformity with applicable law Within ten (10) days following completion of Tenant's Work, Tenant shall file a Notice of Completion' and deliver to' Landlord an unconditional release and waiver of lien executed by each contractor, subcontractor and materialman involved in Tenant's Work.
(c) In the event any lien is filed against the Premises or any portion thereof or against Tenant's leasehold interest therein, Tenant shall obtain the release and/or discharge of said lien, within ten (10) days after the filing thereof In the event Tenant fails to do so, Landlord may obtain the release and/or discharge of said lien and Tenant shall Indemnify Landlord for the costs thereof, including reasonable attorneys’ fees, together with interest at the Applicable Interest Rate from the date of demand Nothing herein shall prohibit Tenant from contesting the validity of any such asserted claim, provided Tenant has furnished to Landlord a lien release bond freeing the Premises from the effect of the lien claim.
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4 6. INDEMNITY
(a) Tenant shall indemnify, defend (with counsel satisfactory to Landlord) and hold Landlord harmless from and against any and all suits, claims, actions, loss, cost or expense (including claims for workers' compensation, attorne y's fees and costs) based on personal injury or property damage, or otherwise (including, without limitation, contract and breach of warranty claims) arising from the performance of Tenant's work Tenant shall repair or replace (or, at Landlord's election, reimburse Landlord for the cost of repairing or replacing) any portion of the Property or item of Landlord's equipment or any of Landlord's real or personal property damaged, lost or destroyed in the performance of Tenant's Work.
a. Tenant shall indemnify, hold harmless and defend (with counsel reasonably selected by the Landlord), to the extent permitted by applicable law, Landlord, its councilmembers, commissioners, officials, employees and agents, against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or alleged failure of any person or entity (including Tenant, or its contractors or subcontractors) to pay prevailing wages as determined pursuant to Labor Code Sections 1720 et seq., to hire apprentices in accordance with Labor Code Sections 1777.5 et seq., or to comply with the other applicable provisions of Labor Code Sections 1720 et seq., 1725.5, 1771, 1771.1, 1771.4, 1776, 1777.5 et seq., 1810-1815 and the implementing regulations of the DIR in connecti on with Tenant’s Work. The provisions of this Section shall survive termination of the Lease.

7. PROPERTY STANDARDS All work shall conform to Landlord's established Property standards and specifications Tenant is required to make these standards part of the construction documents.

8. PROPERTY MODIFICATIONS Work will only be approved within the confines of a given space Tenant will not be allowed to modify Property exterior or -mechanical and electrical service as provided to the Property in common with other tenants.

9. ELECTRICAL WORK All electrical work shall be approved from the unit space electrical panel only Additional service requirements shall be secured only by direction of Landlord Tenant shall use Landlord's original electrical contractor.

10. SCHEDULE OF WORK Tenant may be required to provide a schedule of all work to be performed, subject to Landlord approval All costs to produce such schedule shall be borne solely by Tenant.

11. INSPECTION BY LANDLORD Landlord reserves the following rights (i) the right of inspection prior to, during and at completion of all construction and/or demolition, (ii) the right to post and record a notice of non -responsibility in conformity with California law, and (iii) the right to order a total stop to all improvements underway fo r non -compliance with any of the requirements hereof.

12. GENERAL PROVISIONS
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5 (a) If Landlord has agreed to provide an allowance toward the cost of tenant improvements, Landlord shall retain from such funds an amount determined by Landlord until Tenant has fully complied with the requirements hereof. (b) All materials, work, installations and decorations of any nature whatsoever brought on or installed in the Premises before the commencement of the Term or throughout the Term shall be at Tenant's risk, and neither Landlord nor any party acting on Landlord's behalf shall be responsible for any damage thereto or loss or destruction thereof due to any reason or cause whatsoever.
(c) Nothing contained herein shall make or constitute Tenant as the agent of Landlord.

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6 ATTACHMENT 1

ITEMS TO BE FURNISHED TO LANDLORD FOR EACH WORK OF IMPROVEMENT

1. Plans of Alterations for Landlord Approval

2. Contractor(s), Address, Telephone Number, Contact Person

3. Copy of Contractor's State and City Business License

4. Copy of Property Permit

5. Copy of Final Inspection and Signed Property Permit Cards

6. Copy of Certificate of Insurance naming City of Fontana as Additional Insured; (Insurance to include Comprehensive General Liability, Comprehensive Auto, Workers' Compensation and Employer's Liability)

7. Signed Unconditional Lien Waiver in Favor of City of Fontana

8. Schedule of Work.

9. Copy of Completion of Payment Bond

10. Architect's License and Expiration

11. Tenant and Contractor Agreement

12. Copy of Permit Plans

13. Copy of As-Built

14. Copy of Recorded Notice of Completion

15. Certificate of Occupancy

16. Evidence on Insurance for All Risk/Builder's Risk Insurance to the Amount of Improvements

84 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2728 Agenda Date: 1/23/2024
Agenda #: H. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Award a Construction Contract for the Courtplace Housing Development (Infrastructure Improvements) Project
RECOMMENDATION:

1. Award bid and authorize the City Manager to execute a Construction Contract with Weka, Inc. of San Bernardino, CA for the construction of the Courtplace Housing Development (Infrastructure Improvements) Project in the amount of $4,863,524.00 and authorize a 10% contingency in the amount of $486,352.40 (Bid No. DE-24-124-SB).

2. Appropriate $1,779,000 from Storm Drain Fund (622), $294,000 from Sewer Capital Projects Fund (702), and $648,000 from Circulation Mitigation Fund (630) to the Courtplace Housing Development (Infrastructure Improvements) Project (PN0063).

3. Authorize the City Manager to execute any and all utility agreements, utility easements, and any related items on behalf of the City of Fontana for the Courtplace Housing Development (Infrastructure Improvements) Project (DE-24-124-SB).

COUNCIL GOALS:
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.

DISCUSSION:

The Courtplace Housing Development (Infrastructure Improvements) Project will provide installation of a storm drain system, sanitary sewer system, restoration of existing improvements, and the modification of an existing detention basin located at 11196 Sierra Ave. to include partial backfilling and construction of a concrete basin diversion structure.

On December 21, 2024, a Notice Inviting Sealed Bids for Construction was issued. On January 11, 2024 at 2:00pm, the bids for this contract were opened. A total of five (5) bids were received ranging from $4,863,524.00 to $6,344,938.00. Weka, Inc. is the lowest bidder in the amount of $4,863,524.00. The Engineer’s Estimate was $5,090,000.00. After reviewing the proposed bid document, Engineering staff has determined Weka, Inc. to be the lowest responsive and responsible bidder.

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Agenda #: H. Category: Consent Calendar
FISCAL IMPACT:

The fiscal impact associated with this item is $4,863,524.00 for the full term of the construction contract and $486,352.40 for the construction contingency. The available budget is $4,500,000.00.

Considering all project expenses, an additional $1,779,000 is being requested in 37600063-622-A- 8330, $294,000 is being requested in 37600063-702-A-8330, and $648,000 is being requested in 37600063-630-A-8330 and is not included in the 2023-2024 budget. The request will be submitted in the next quarterly budget report and will be funded by the Storm Drain Fund (622), Sewer Capital Projects Fund (702) and Circulation Mitigation Fund (630).

MOTION:

Approve staff recommendation.

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PROJECT LOCATIONCOURTPLACE HOUSING DEVELOPMENT PROJECT
87 Bid Results
Courtplace Housing Development Project
DE-24-124-SB

Weka, Inc. $4,863,524.00
San Bernardino, CA

Downing Construction, Inc. $5,362,500.00
Redlands, CA

Pacific West Underground, Inc. $5,494,056.00
Yucaipa, CA

Nationwide Contracting Services $6,270,680.00
Huntington Beach, CA

Big Ben Engineering $6,344,938.00
Irvine, CA

88 City of Fontana
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2729 Agenda Date: 1/23/2024
Agenda #: I. Category: Consent Calendar
FROM:

Police Department
SUBJECT:
2022 Homeland Security Grant (HSGP)
RECOMMENDATION:

Accept the 2022 Homeland Security Grant Program subrecipient award in the amount $37,919 from the Office of Homeland Security.

Authorize the Chief of Police or his designee to sign all related grant documents including extensions or modifications for the grant; and expend funds as outlined in the grant agreement.

COUNCIL GOALS:
· Improve public safety by increasing operational efficiency, visibility and availability. · Practice sound fiscal management by pursing grant opportunities.

DISCUSSION:

The Office of Homeland Security has made available funding to agencies under the FY 2022 Homeland Security Grant Program. The City of Fontana has received grant funding in the amount of $37,919. The Fontana Police Department plans to utilize 2022 HSGP funding to purchase various police equipment, canopy tents, computer hardware, and surveillance cameras. If items become unavailable, an amendment to the grantor to identify other priority equipment will be processed.

FISCAL IMPACT:

The City of Fontana will increase revenues in the amount of $37,919; and increase appropriations for expenditures in the amount of $37,919 in Grant Fund #301, Project #40300009-301-A. Appropriate budget adjustments will be submitted to the Budget Office with the 2nd Quarter Budget Status Report MOTION:

Accept staff recommendation.

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1743 Miro Way, Rialto, CA 92376 I Phone: 909.356.3998 Fax: 909.356.3965 www.SB(ounty.gov

RNARDINO
UNTY
December 5, 2023
Office of Emergency Services
Luther Snoke
Chief Executive Officer
Daniel Munoz
Deputy Executive Officer
TO: SAN BERNARDINO COUNTY FIRE CHIEFS; SAN BERNARDINO COUNTY POLICE CHIEFS; SAN BERNARDINO COUNTY PUBLIC HEAL TH OFFICER;

SAN BERNARDINO COUNTY OPERATIONAL AREA COORDINATING
COUNCIL PRIMARY AND ALTERNATE REPRESENTATIVES; HOMELAND

SECURITY GRANT SOLE POINTS OF CONTACT AND OTHERS
SUBJECT: FISCAL YEAR 2022 HOMELAND SECURITY GRANT PROGRAM - CFDA

97.067
-TIME SENSITIVE-
This Correspondence and associated attachments contain time sensitive information for the completion of the Fiscal Year 2022 Homeland Security Grant Program (FY22 HSGP) Subrecipient Application Packet. The FY22 HSGP is funded by the US Department of Homeland Security/Federal Emergency Management Agency (DHS/FEMA) and sub-granted through the California Governor's Office of Emergency Services (Cal OES). The HSGP is reported under CFDA 97. 067.

FEMA has approved the proposed projects for the FY22 HSGP, therefore jurisdictions must now complete their application packets. Please submit the following documents to the San Bernardino County Office of Emergency Services (OES) Grants Unit at the address listed below by January 12, 2024:

1. Cover Letter on Jurisdiction Letterhead (Sample Attached)

2. Initialed and Signed FY22 HSGP Subrecipient Assurances

3. Certification Letter on Jurisdiction Letterhead (Sample Attached)

4. FY22 HSGP Application Workbook Certification Page - Signed

5. Grants Management Assessment Form

6. Certification Regarding Lobbying

7. Verification of active UEI registration (SAM.gov printout)

8. Single Audit Report (if applicable)
Submit Application Packets to:

San Bernardino County Office of Emergency Services
Grants Unit
Attn: Tina Sutera
1743 Miro Way
Rialto, CA 92376-0425
Luther Snoke
Chief Executive Oflicer
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2731 Agenda Date: 1/23/2024
Agenda #: J. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Police Department Donations July - December 2023
RECOMMENDATION:

Accept monetary and gift donations from multiple donors including community programs, businesses, and citizens.

COUNCIL GOALS:
· Improve public safety by increasing operational efficiency, visibility and availability. · Improve public safety by emphasizing community-oriented policing, community involvement, and youth programs.

DISCUSSION:

The Fontana Police Department received various donations including meals, drinks, snack items, gift cards, various tickets to services & entertainment venues, clothing, blankets, adult hygiene products, and monetary donations to charity. Please reference the attached spreadsheet for the complete list of generous donations which help support the Police Department and its various programs.

FISCAL IMPACT:

Increase funds to the following accounts:
· $8,950.00 for Holiday fund, deposited to account #101.3308 MOTION:

Approve staff recommendation.

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DATE DONOR ITEM APPROX VALUE REASON
07/01/23 Volunteers for Veterans Foundation Misc. food items, and blankets $250.00 Community Outreach Program 07/13/23 Ching Hua Tosky Ono Hawaiian BBQ $100.00 Appreciation 07/18/23 K1 Speed 4 Single race and license $105.00 National Night Out 07/31/23 Exodus Escape Room
6 Tickets to Olympus Escape
Experience $210.00 National Night Out
08/01/23 Inland Counties Legal Services $25 Stater Bros Gift Card $25.00 National Night Out 08/01/23 Planned Parenthood Gift bag w Target Gift card $25.00 National Night Out 08/01/23 The Empire Strykers indoor Soccer 4 Tickets to a game $140.00 National Night Out 08/01/23 Rose Hills Gift Basket $25.00 National Night Out 08/01/23 The Insurance Goddess 4 Giftbags $100.00 National Night Out 08/01/23 iTech California Cutting Board/Fire Extinguisher Gift basket$100.00 National Night Out 08/01/23 Spoil me Pretty Custom Facial $75.00 National Night Out 08/01/23 Not On our Watch Photo Shoot and Picture Frame $200.00 National Night Out 08/02/23 Volunteers for Veterans Foundation Girl Scout Cookies $350.00 Community Outreach Program 08/07/23 Volunteers for Veterans Foundation Adult Hygiene products $2,500.00 Community Outreach Program 08/24/23 Volunteers for Veterans Foundation Misc. food items $100.00 Community Outreach Program 08/29/23 OMAKASE SUSHI Check $500.00 PD Holiday Programs 08/31/23 ROTOLO CHEVROLET Check $500.00 PD Holiday Programs 09/06/23 FONTANA HYUNDAI Check $1,000.00 PD Holiday Programs 09/06/23 FONTANA MAZDA Check $1,000.00 PD Holiday Programs 09/09/23 Niagara 1 pallet water $500.00 Community Outreach Program 09/18/23 Loy Ragan Donuts $150.00 Appreciation
10/18/23 Volunteers for Veterans Foundation Snacks, and jackets $250.00 Community Outreach Program 10/19/23 Latter Day Saints 100 hygiene kits $1,000.00 Community Outreach Program 10/23/23 MY NY PIZZA Check $500.00 PD Holiday Programs
10/23/23 FONTANA POLICE BENEFIT ASSOC Check $500.00 PD Holiday Programs 10/23/23 FONTANA FEDERAL CREDIT UNION Check $100.00 PD Holiday Programs 11/04/23 Job's Daughter Home Baked Goods $50.00 Appreciation 11/10/23 PRESS PRINT Check $250.00 Heroes and Helpers
11/13/23 Fontana First Assembly 45 Honey Baked Hams $900.00 Appreciation 11/14/23 ROTOLO CHEVROLET Check $500.00 PD Holiday Programs 11/15/23 Joseph Montalvo (Citizen) Donuts $75.00 Appreciation 11/15/23 P&M MANAGEMENT Check $500.00 Heroes and Helpers 11/20/23 Volunteers for Veterans Foundation Misc. food items $100.00 Community Outreach Program 12/06/23 Cycling Connection
Check - Approx value for 50
bicycles $2,500.00 Bicycle Give Away
12/11/23 Latter Day Saints 70 hygiene kits, 59 blankets, and umbrellas $1,200.00 Community Outreach Program
12/12/23

ANDERSON REAL ESTATE- PAMELA
ESCHELMAN Check $100.00 PD Holiday Programs
12/14/23 SAN BDNO CO. FIRE LOCAL 935 Check $1,000.00 PD Holiday Programs 12/16/23 Fontana Police Foundation Target Gift Cards $500.00 Heroes and Helpers 12/16/23 Target Target Gift Cards $2,500.00 Heroes and Helpers 12/18/23 Loy Ragan Pizza $200.00 Appreciation
12/20/23 Alexander de los Rios Lunch (Mexican Food) $2,000.00 Appreciation 12/23/23 Ar-Rahman Islamic Center Dinner $300.00 Appreciation Total value of donated items $14,030.00
Total checks/cash $8,950.00
Grand Total 22,980.00$
PD DONATION LOG (July - December 2023)
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2733 Agenda Date: 1/23/2024
Agenda #: K. Category: Consent Calendar
FROM:

Police Department
SUBJECT:
2023 Edward Byrne Memorial Justice Assistance Grant (JAG) RECOMMENDATION:

1. Approve the Interlocal Agreement with the Town of Apple Valley, the Cities of Adelanto, Barstow, Chino, Colton, Fontana, Hesperia, Highland, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, Victorville, and the County of San Bernardino, concerning distribution of the 2023 JAG in the amount of $58,201.

2. Authorize the City Manager to sign the Interlocal Agreement on behalf of the City of Fontana for the 2023 JAG and any other documents and/or amendments required to comply with this grant award.

COUNCIL GOALS:
· Improve public safety by increasing operational efficiency, visibility, and availability. · Practice sound fiscal management by pursing grant opportunities.

DISCUSSION:

The City of Fontana, as well as other cities in the County of San Bernardino, will be the recipients of JAG Funds for 2023. The County of San Bernardino serves as the grant administrator on behalf of all cities in the County. As a result, an Interlocal Agreement must be signed by all cities and the county. Each city will sign a separate Agreement as the timeline set by the Federal government to receive these funds will not permit one Agreement to be circulated and signed by every city in the county.

The Fontana Police Department plans to utilize 2023 JAG funds to purchase radio equipment. Due to available supplies and time constraints, if items are unavailable, funds will be reallocated to other identified priority law enforcement equipment.

Indicated in Appendix 1 of the Interlocal Agreement, the City of Fontana is eligible to receive $58,201.

The County will retain a 5% administration fee in the amount of $2,910, and therefore the City of Fontana will receive $55,291.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is an increase in revenues and City of Fontana Printed on 1/17/2024Page 1 of 2
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File #: 21-2733 Agenda Date: 1/23/2024
Agenda #: K. Category: Consent Calendar
The fiscal impact associated with the approval of this item is an increase in revenues and expenditures in the amount of $55,291 in Grant Fund #301, Project #40200006-301-A. Appropriate budget adjustments will be submitted to the Budget Office with the 2nd Quarter Budget Status Report.

MOTION:

Approve staff recommendation.

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2736 Agenda Date: 1/23/2024
Agenda #: L. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Police Department Monthly Information Update
RECOMMENDATION:

Accept the Police Department monthly information update for November 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 November 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.

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POLICE DEPARTMENT

MONTHLY REPORT
NOvember 2023
153

NOTEWORTHY EVENTS
• Fontana Police Department Air Support Unit participated in the 23rd annual “23rd Cops for Kids Fly-In” at LLUMC.
• Lieutenant Matt Kraut and Chris Tusant conducted Area Commander Community Forums in areas two and three.
• Members of the public graduated from the Fontana Police Deppartment Citizen Academy. • COPE and Universal Soccer League partnered for the annual Spark of Love Toy Drive. • Fontana Police Animal Services hosted a pet vaccine clinic. • Fontana Police investigated a double homicide that culminated with the arrest of the suspect responsible for three homicides.
• ICAC arrested several individuals for possession of child pornography. • Narcotic Detectives, RRT, and Gang Teams seized over 15 illegal firearms, 30 kilos of cocaine, and several pounds of methamphetamine and fentanyl.

KA1
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Slide 2
KA1 Kevin Anderson, 2/9/2021
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CITYWIDE
• Priority 1 response time- 4:32 (Emergency calls like subject not breathing, shots fired, and other immediate risk to life/safety)
• Calls for service- 9,321
• Total Traffic Accidents- 223
• Non-Injury- 172, Injury - 51
• Total arrests- 465
• Hispanic- 324, White- 59 , Black- 68, All others races- 14 • Total Group A Offenses- 700
• Crimes Against Persons- 149
• Crimes Against Property- 401
• Crimes Against Society- 150
157
CITYWIDE• Crimes Against Person- 149
• Homicide- 2
• Sex Offenses- 8
• Assault- 135
• Kidnapping- 4
• Other- 0
• Crimes Against Property- 401
• Robbery- 14
• Burglary- 44
• Larceny- 164
• Destruction of Property- 33
• Fraud- 31
• Possession of Stolen Property- 42
• Motor Vehicle Theft- 63
• Other Miscellaneous Property Crimes- 10
• Crimes Against Society- 150
• Drug and Paraphernalia Possession- 122
• Possession of Child Pornography- 3
• Possession of Weapons- 25
• Other Miscellaneous Crimes- 0
158

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
159
BEAT 1

AREA COMMANDER IS LIEUTENANT KELLEN GUTHRIE
EMAIL- [email protected]
DESK- (909) 350-7716
• Total Group A Offenses- 74
• Crimes Against Persons- 12
• Crimes Against Property- 58
• Crimes Against Society- 4
160
BEAT 2

AREA COMMANDER IS LIEUTENANT MATT KRAUT
EMAIL- [email protected]
DESK- (909) 356-7142
• Total Group A Offenses- 170
• Crimes Against Persons- 43
• Crimes Against Property- 101
• Crimes Against Society- 26
161
BEAT 3

AREA COMMANDER IS LIEUTENANT CHRIS TUSANT
EMAIL – [email protected]
DESK – (909) 350-7706
• Total Group A Offenses- 284
• Crimes Against Persons- 74
• Crimes Against Property- 138
• Crimes Against Society- 72
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Beat 4

AREA COMMANDER IS LIEUTENANT TRACY DILLS
EMAIL – [email protected]
DESK – (909) 350-7707
•Total Group A Offenses- 129
•Crimes Against Persons- 16
•Crimes Against Property- 98
•Crimes Against Society- 15
163

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] 164
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2744 Agenda Date: 1/23/2024
Agenda #: M. Category: Consent Calendar
FROM:

Public Works
SUBJECT:

Adopt a Resolution to Authorize the City Manager to Award Contract to Custom Craft Flooring of La Verne, California for the Emergency Flooring Repair Work at the Fontana Senior Center RECOMMENDATION:

1. Adopt Resolution No 2024-002, a resolution of the City Council of the City of Fontana, recognizing that certain conditions exist with the flooring of the Senior Center requiring emergency repair work. This resolution is made in accordance with Fontana City Code Sec.10 -147(a)(6).

2. Authorize the City Manager, or his designee, to execute a contract with Custom Craft Flooring in the amount of $214,700 with a 10% contingency in the amount of $21,470 for the performance of emergency flooring repair work at the Fontana Senior Center.

COUNCIL GOALS:
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.

DISCUSSION:

The existing flooring at the Fontana Senior Center is in desperate need of replacement. There are numerous areas where the flooring is lifting due to moisture intrusion presenting slip, trip, and fall hazards for the users of the facility.

The proposal for this work from Custom Craft Flooring will include the removal of the existing flooring.

Once the areas are completely dried out, the contractor will install new flooring throughout the entire first floor of the Fontana Senior Center.

FISCAL IMPACT:

The fiscal impact associated with the approval of the item is $214,700 plus a $21,470 contingency.

Sufficient funds for this project are budgeted in the current FY 2023/2024 budget in Fund 103, more specifically ORG 10337317-8130.

MOTION:

Approve staff recommendation.

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Senior Center
16710 Ceres ave
1st floor complete replacement
Fontana, CA 0
11/27/2023
Ken Stahlman
Sales
Agreement
City Of Fontana
8353 Sierra Ave.

Fontana, CA 92335
Acct # 10320
909 350-6760 Fax 909 350-6755
5748
Labor DescriptionType QuantityProduct Description Color / Item Number Price TotalRoom Job #
Contract #
Customer PO
Date
Sales Person1
Sales Person2
Sold To: Ship To:

Remove - Floating Laminate $1.75 $16,712.509550SqFt
Removal
Labor
Remove - Vinyl $5.50 $946.00172SqYd
Removal
Labor
Remove - Carpet Tiles $3.25 $3,890.251197SqYd
Removal
Labor
Arrange tile, Shiny Pebble1280SqYd $28.90 $36,992.00
Install - Carpet Tiles $6.75 $8,079.751197SqYd
Carpet
Materials
Labor
Remove - Ceramic And Mud Base $6.25 $1,650.00264SqFt
Removal
Labor
Sand Concrete $.12 $2,664.0022200SqFt
Floor Prep
Labor
Remove And Replace - Furniture $72.00 $4,320.0060Hour
Furniture
Labor
Floor Preparation $72.00 $5,472.0076Hour
Floor Prep
Labor
Secoya 9x59 LVT 5mm12900SqFt $5.63 $72,627.00
Install - LVT $2.75 $32,010.0011640SqFt
Vinyl Resilient
Materials
Labor
Install - Rubber Reducer $3.50 $168.0048LnFt
Transition
Labor
Burke 4” Rubber Cove Base2926LnFt $1.62 $4,740.12
Install - Rubber / Vinyl Base $1.25 $3,657.502926LnFt
Wall Base
Materials
Labor
EnPress PSA 4-gal10Each $127.89 $1,278.90
Adhesive
Materials
Centaur Floors180 $78.90 $14,202.00
Install - Soft Vinyl $24.00 $4,320.00180SqYd
Vinyl Resilient
Materials
Labor
Centaur UB-9805 $188.30 $941.50
Adhesive
Materials
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Continuation For: City Of Fontana, Job # 5748
Labor DescriptionType Quantity Product Description Color / Item Number Price TotalRoom Remove all existing plank, vinyl, carpet, ceramic and sheet vinyl in the first floor.

Remove all remianing adhesive and sand floor. Install floating LVT plank, 5mm thick.

Install carpet tile in all areas that currently have carpet. Though we belive this is the best product currently available for the application, we cannot warranty against material failure due to existing site conditions.
******Quote pricing does not include performance and payment bonding, and is priced in accordance with pervailing wage rates********Anticipated scheduling of the project as follows- Job will be seperated into 4 phases. Each phase will include 2 days of demo, unspecified dry/dehumdify time, followed by an estimated 4 days of installation time.

Gym area to be replaced with similar sport floor. Heat weld seams.

Buyer_______________________________________Date_____________Seller_______________________________________Date____________ $130,781.52
$214,671.52
$83,890.00
$214,671.52
Labor
Materials
Grand Total
Sales Tax
Information Total
Payments
Balance
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2746 Agenda Date: 1/23/2024
Agenda #: N. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Approve Purchase of Automated Camera Equipment from Flock Group, Inc.

RECOMMENDATION:

1. Approve the purchase of Automated Camera Equipment from Flock Group, Inc. to be utilized at various locations throughout the City of Fontana.

2. Authorize the Chief of Police or his assigned designee to sign the Order Form and Master Service Agreement.

3. Authorize the Purchasing Department to issue purchase orders as funding become available to Flock Group, Inc., for the purchase and installation of the Automated Camera Equipment from Federal Asset Seizure Fund #223 or other Fund sources.

COUNCIL GOALS:
· Improve public safety by increasing operational efficiency, visibility and availability. · Improve public safety by utilizing other city programs to help reduce crime. · Operate in a businesslike manner by improving services through the effective use of technology.

DISCUSSION:

The City of Fontana began using a web-based license plate reader (LPR) system subscription and hardware in the 2013/2014 fiscal year. The Department continues to seek products and services that provide accurate information and efficiency, while keeping costs down. Flock Group, Inc. can meet the department needs for the LPR system while eliminating the need for department or city staff to assist with installation of cameras.

These new cameras can be mounted and installed by the vendor. Another positive aspect to consider is the mobility of placement for the cameras. Flock Group, Inc. will send technicians to make any adjustments, relocate or remove cameras as requested by the department. It is not the intent to continually move the cameras, but is an option if crime occurs in a location not around the current LPR systems.

Information from the Flock Group, Inc. camera subscription will assist with stolen vehicles, lost or stolen license plates, and vehicles used in other crimes. The subscription also includes a continued use of LEARN, Client Portal analytic and management tools. The department will request quarterly budget adjustments and/or annual operating budget adjustments as funding for future Flock Group, City of Fontana Printed on 1/17/2024Page 1 of 2
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File #: 21-2746 Agenda Date: 1/23/2024
Agenda #: N. Category: Consent Calendar
budget adjustments and/or annual operating budget adjustments as funding for future Flock Group, Inc. cameras becomes available.

FISCAL IMPACT:

Funding is requested from Asset Seizure Fund (223) for the purchase, warranty, and service agreement for fifteen (15) Flock Safety Falcon Automated Cameras and related equipment in the amount of $50,750.00. Annual recurring costs in the amount of $45,000.00 will be requested with quarterly budget adjustments and/or annual operating budget adjustments from General Fund (101).

MOTION:

Approve staff recommendation.

City of Fontana Printed on 1/17/2024Page 2 of 2
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Flock Safety + CA - Fontana PD
______________

Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________

MAIN CONTACT:

Antouan Benbalit
[email protected]
2064321524

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Company Overview

At Flock Safety, technology unites law enforcement and the communities they serve to eliminate crime and shape a safer future, together. We created the first public safety operating system to enable neighborhoods, schools, businesses, and law enforcement to work together to collect visual, audio, and situational evidence across an entire city to solve and prevent crime.

Our connected platform, comprised of License Plate Recognition (LPR), live video, audio detection, and a suite of integrations (AVL, CAD & more), alerts law enforcement when an incident occurs and turns unbiased data into objective answers that increase case clearance, maximize resources, and reduce crime -- all without compromising transparency or human privacy.

Join thousands of agencies reducing crime with Flock Safety’s public safety operating system

2000+ 120 1B+ <60%*
communities with private-
public partnerships
incident alerts / minute 1B+ vehicles detected /
month
<60% local crime reduction
in Flock cities

*According to a 2019 study conducted by Cobb County Police Department

Introduction

Layer Intelligence to Solve More Crime

The pathway to a safer future looks different for every community. As such, this proposal presents a combination of products that specifically addresses your public safety needs, geographical layout, sworn officer count, and budget. These components make up your custom public safety operating system, a connected device network and software platform designed to transform real-time data into a panoramic view of your jurisdiction and help you zero in on the leads that solve more cases, prevent future crimes, and foster trust in the communities you serve.

Software Platform
Flock Safety's out-of-box software platform collects and makes sense of visual, audio, and situational evidence across your entire network of devices.

174
Out-of-Box Software Features
Simplified Search Get a complete view of all activity tied to one vehicle in your network of privately and publicly owned cameras.

The user-friendly search experience allows officers to filter hours of footage in seconds based on time, location, and detailed vehicle criteria using patented Vehicle Fingerprint ™ technology. Search filters include:

● Vehicle make
● Body type
● Color
● License plates
○ Partial tags
○ Missing tags
○ Temporary tags
○ State recognition
● Decals
● Bumper stickers
● Back racks
● Top racks
National and Local Sharing

Access 1B+ additional plate reads each month without
purchasing more cameras. Solve cross-jurisdiction crimes by opting into Flock Safety's sharing networks, including one-to- one, national, and statewide search networks. Users can also receive alerts from several external LPR databases:

California SVS
FDLE
FL Expired Licenses
FL Expired Tags
FL Sanctioned Drivers
FL Sex Offenders
Georgia DOR
IL SOS
Illinois Leads
NCIC
NCMEC Amber Alert
REJIS
CCIC
FBI
Real-time Alerts Receive SMS, email, and in-app notifications for custom Hot Lists, NCIC wanted lists, AMBER alerts, Silver alerts, Vehicle Fingerprint matches, and more.

Interactive ESRI Map View your AVL, CAD, traffic, and LPR alerts alongside live on- scene video from a single interactive map for a birdseye view of activity in your jurisdiction.

Vehicle Location Analysis

Visualize sequential Hot List alerts and the direction of travel to guide officers to find suspect vehicles faster.

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Out-of-Box Software Features (Continued)
Transparency Portal Establish community trust with a public-facing dashboard that shares policies, usage, and public safety outcomes related to your policing technology.

Insights Dashboard

Access at-a-glance reporting to easily prove ROI, discover crime and traffic patterns and prioritize changes to your public safety strategy by using data to determine the most significant impact.

Native MDT Application

Download FlockOS to your MDTs to ensure officers never
miss a Hot List alert while out on patrol.

Hot List Attachments
Attach relevant information to Custom Hot List alerts. Give simple, digestible context to Dispatchers and Patrol Officers responding to Hot List alerts so they can act confidently and drive better outcomes. When you create a custom Hot List Alert, add case notes, photos, reports, and other relevant case information.

Single Sign On (SSO) Increase your login speed and information security with Okta or Azure Single Sign On (SSO). Quickly access critical
information you need to do your job by eliminating the need for password resets and steps in the log-in process.

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License Plate Recognition
The Flock Safety Falcon® LPR camera uses Vehicle Fingerprint™ technology to transform hours of footage into actionable evidence, even when a license plate isn't visible, and sends Hot List alerts to law enforcement users when a suspect vehicle is detected. The Falcon has fixed and location-flexible deployment options with 30% more accurate reads than leading LPR.*

*Results from the 2019 side-by-side comparison test conducted by LA County Sheriff's Department

Flock Safety Falcon®LPR Camera Flock Safety Falcon® Flex Flock Safety Falcon® LR Fixed, infrastructure-free LPR camera
designed for permanent placement.

√ 1 Standard LPR Camera
√ Unlimited LTE data service + Flock OS
platform licenses
√ 1 DOT breakaway pole
√ Dual solar panels
√ Permitting, installation, and ongoing
maintenance
Location-flexible LPR camera designed
for fast, easy self-installation, which is
ideal for your ever-changing
investigative needs.
√ 1 LPR Camera
√ Unlimited LTE data service + software
licenses
√ 1 portable mount with varying-sized
band clamps
√ 1 Charger for internal battery
√ 1 hardshell carrying case
Long-range, high-speed LPR camera
that captures license plates and Vehicle
Fingerprint data for increasing
investigative leads on high-volume
roadways like highways and interstates.

√ 1 Long-Rage LPR Camera
√ Computing device in protective poly
case
√ AC Power
√ Permitting, installation, and ongoing
maintenance

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Your Flock Safety Team
Flock Safety is more than a technology vendor; we are a partner in your mission to build a safer future. We work with thousands of law enforcement agencies across the US to build stronger, safer communities that celebrate the hard work of those who serve and protect. We don’t disappear after contracts are signed; we pride ourselves on becoming an extension of your hard-working team as part of our subscription service.

Implementation Meet with a Solutions Consultant (former LEO) to build a deployment plan based on your needs. Our Permitting Team and Installation Technicians will work to get your device network approved, installed, and activated.

User Training + Support Your designated Customer Success Manager will help train your power users and ensure you maximize the platform,
while our customer support team will assist with needs as they arise.

Maintenance We proactively monitor the health of your device network. If we detect that a device is offline, a full-time technician will service your device for no extra charge.

Note: Ongoing maintenance does not apply to Falcon Flex devices.

Public Relations Government Affairs

Get support educating your stakeholders, including city councils and other governing bodies.

Media Relations

Share crimes solved in the local media with the help of our Public Relations team.

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EXHIBIT A

ORDER FORM

Customer: CA - Fontana PD Initial Term: 12 Months
Legal Entity Name: CA - Fontana PD Renewal Term: 24 Months Accounts Payable Email: [email protected] Payment Terms: Net 30 Address: 17005 Upland Ave Fontana, California 92335 Billing Frequency: Annual - First Year at Signing.

Retention Period: 30 Days

Hardware and Software Products
Annual recurring amounts over subscription term

Item Cost Quantity Total
Flock Safety Platform $45,000.00
Flock Safety Flock OS
FlockOS ™ Included 1 Included
Flock Safety LPR Products
Flock Safety Falcon ® Included 15 Included

Professional Services and One Time Purchases

Item Cost Quantity Total
One Time Fees
Flock Safety Professional Services
Professional Services - Standard Implementation Fee $650.00 7 $4,550.00 Professional Services - Existing Infrastructure
Implementation Fee $150.00 8 $1,200.00

Subtotal Year 1: $50,750.00
Annual Recurring Subtotal: $45,000.00
Estimated Tax: $0.00
Contract Total: $50,750.00

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Billing Schedule

Billing Schedule Amount (USD)
Year 1
At Contract Signing $50,750.00
Annual Recurring after Year 1
Contract Total $50,750.00
*Tax not included
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Product and Services Description

Flock Safety Platform Items Product Description Terms
Flock Safety Falcon ®
An infrastructure-free license plate reader camera that utilizes Vehicle Fingerprint® technology to capture vehicular attributes.

The Term shall commence upon first installation and validation of Flock Hardware.

One-Time Fees Service Description
Installation on existing
infrastructure
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.

Professional Services - Standard
Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.

Professional Services -
Advanced Implementation Fee
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.

FlockOS Features & Description

Package: Essentials

FlockOS Features Description
Community Cameras (Full Access) Access to all privately owned Flock devices within your jurisdiction that have been shared with you.

Unlimited Users Unlimited users for FlockOS
State Network (LP Lookup Only) Allows agencies to look up license plates on all cameras opted in to the statewide Flock network.

Nationwide Network (LP Lookup Only) Allows agencies to look up license plates on all cameras opted in to the nationwide Flock network.

Direct Share - Surrounding Jurisdiction (Full Access) Access to all Flock devices owned by law enforcement that have been directly shared with you. Have ability to search by vehicle fingerprint, receive hot list alerts, and view devices on the map.

Time & Location Based Search Search full, partial, and temporary plates by time at particular device locations License Plate Lookup Look up specific license plate location history captured on Flock devices Vehicle Fingerprint Search Search footage using Vehicle Fingerprint™ technology. Access vehicle type, make, color, license plate state, missing / covered plates, and other unique features like bumper stickers, decals, and roof racks.

Flock Insights/Analytics page Reporting tool to help administrators manage their LPR program with device performance data, user and network audits, plate read reports, hot list alert reports, event logs, and outcome reports.

ESRI Based Map Interface
Flock Safety’s maps are powered by ESRI, which offers the ability for 3D visualization, viewing of floor plans, and layering of external GIS data, such as City infrastructure (i.e., public facilities, transit systems, utilities), Boundary mapping (i.e., precincts, county lines, beat maps), and Interior floor plans (i.e., hospitals, corporate campuses, universities)
Real-Time NCIC Alerts on Flock ALPR Cameras Alert sent when a vehicle entered into the NCIC crime database passes by a Flock camera Unlimited Custom Hot Lists Ability to add a suspect’s license plate to a custom list and get alerted when it passes by a Flock camera

181
By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the Master Services Agreement attached. The Parties have executed this Agreement as of the dates set forth below.

FLOCK GROUP, INC. Customer: CA - Fontana PD

By:
\FSSignature2\
By:
\FSSignature1\
Name:
\FSFullname2\
Name:
\FSFullname1\
Title:
\FSTitle2\
Title:
\FSTitle1\
Date:
\FSDateSigned2\
Date:
\FSDateSigned1\

PO Number:

182

Master Services Agreement

This Master Services Agreement (this “Agreement”) is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Road NW Suite 210, Atlanta, GA 30318 (“Flock”) and the entity identified in the signature block (“Customer”) (each a “Party,” and together, the “Parties”) on this the 06 day of December 2023. This Agreement is effective on the date of mutual execution (“Effective Date”). Parties will sign an Order Form (“Order Form”) which will describe the Flock Services to be performed and the period for performance, attached hereto as Exhibit A. The Parties agree as follows:

RECITALS

WHEREAS, Flock offers a software and hardware situational awareness solution through Flock’s technology platform that upon detection is capable of capturing audio, video, image, and recording data and provide notifications to Customer (“Notifications”);

WHEREAS, Customer desires access to the Flock Services (defined below) on existing devices, provided by Customer, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, via the Flock Services;

WHEREAS, Customer shall have access to the Footage in Flock Services. Pursuant to Flock’s standard Retention Period (defined below) Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices; and

WHEREAS, Flock desires to provide Customer the Flock Services and any access thereto, subject to the terms and conditions of this Agreement, solely for the awareness, prevention, and prosecution of crime, bona fide investigations and evidence gathering for law enforcement purposes, (“Permitted Purpose”).

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AGREEMENT

NOW, THEREFORE, Flock and Customer agree that this Agreement, and any Order Form, purchase orders, statements of work, product addenda, or the like, attached hereto as exhibits and incorporated by reference, constitute the complete and exclusive statement of the Agreement of the Parties with respect to the subject matter of this Agreement, and replace and supersede all prior agreements, term sheets, purchase orders, correspondence, oral or written communications and negotiations by and between the Parties.

1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross- referenced in this Section 1.

1.1 “Anonymized Data” means Customer Data permanently stripped of identifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no longer be identified directly or indirectly.

1.2 “Authorized End User(s)” means any individual employees, agents, or contractors of Customer accessing or using the Services, under the rights granted to Customer pursuant to this Agreement.

1.3 “Customer Data” means the data, media and content provided by Customer through the Services. For the avoidance of doubt, the Customer Data will include the Footage.

1.4. “Customer Hardware” means the third-party camera owned or provided by Customer and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.

1.5 “Embedded Software” means the Flock proprietary software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardware.

1.6 “Flock Hardware” means the Flock device(s), which may include the pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface, to provide the Flock Services as specifically set forth in the applicable product addenda.
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1.7 “Flock IP” means the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or its Authorized End Users. Flock IP does not include Footage (as defined below).

1.8 “Flock Network End User(s)” means any user of the Flock Services that Customer authorizes access to or receives data from, pursuant to the licenses granted herein.

1.9 “Flock Services” means the provision of Flock’s software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.

1.10 “Footage” means still images, video, audio and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services.

1.11 “Hotlist(s)” means a digital file containing alphanumeric license plate related information pertaining to vehicles of interest, which may include stolen vehicles, stolen vehicle license plates, vehicles owned or associated with wanted or missing person(s), vehicles suspected of being involved with criminal or terrorist activities, and other legitimate law enforcement purposes.

Hotlist also includes, but is not limited to, national data (i.e., NCIC) for similar categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts, and includes manually entered license plate information associated with crimes that have occurred in any local jurisdiction.

1.12 “Installation Services” means the services provided by Flock for installation of Flock Services.

1.13 “Retention Period” means the time period that the Customer Data is stored within the cloud storage, as specified in the product addenda.

1.14 “Vehicle Fingerprint™” means the unique vehicular attributes captured through Services such as: type, make, color, state registration, missing/covered plates, bumper stickers, decals, roof racks, and bike racks.

1.15 “Web Interface” means the website(s) or application(s) through which Customer and its Authorized End Users can access the Services.

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2. SERVICES AND SUPPORT

2.1 Provision of Access. Flock hereby grants to Customer a non-exclusive, non-transferable right to access the features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Authorized End Users to access and download via the Web Interface for the data retention time defined on the Order Form (“Retention Period”). Authorized End Users will be required to sign up for an account and select a password and username (“User ID”). Customer shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, including any acts or omissions of authorized End user which would constitute a breach of this agreement if undertaken by customer. Customer shall undertake reasonable efforts to make all Authorized End Users aware of all applicable provisions of this Agreement and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage).

2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, non- transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the Flock Services.

2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within seventy-two (72) hours. Flock will provide Customer with reasonable technical and on-site support and maintenance services in-person, via phone or by email at [email protected] (such services collectively referred to as “Support Services”).

2.4 Upgrades to Platform. Flock may make any upgrades to system or platform that it deems necessary or useful to (i) maintain or enhance the quality or delivery of Flock’s products or services to its agencies, the competitive strength of, or market for, Flock’s products or services, such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law.

Parties understand that such upgrades are necessary from time to time and will not diminish the quality of the services or materially change any terms or conditions within this Agreement. 186

2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Flock reasonably believe Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance (“Service Interruption”). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer, to provide updates, and to resume providing access to Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Customer’s direct actions or by the actions of parties associated with the Customer, the time will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day). For example, in the event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the Term.

2.6 Service Suspension. Flock may temporarily suspend Customer’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack on any of the Flock IP by Customer; (b) Customer’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Customer’s account (“Service Suspension”). Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension.

2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately.
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3. CUSTOMER OBLIGATIONS

3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they do not have the right to use, or any other name with the intent of impersonation. Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. Unless otherwise stated and defined in this Agreement, Customer shall not designate Authorized End Users for persons who are not officers, employees, or agents of Customer. Authorized End Users shall only use Customer-issued email addresses for the creation of their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer provides Flock with up to date contact information at all times during the Term of this agreement. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services. Customer shall (at its own expense) provide Flock with reasonable access and use of Customer facilities and Customer personnel in order to enable Flock to perform Services (such obligations of Customer are collectively defined as “Customer Obligations”).

3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer shall use Flock Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of data, video, photo, or audio content.

4. DATA USE AND LICENSING

4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty-free, irrevocable, worldwide license to use the Customer Data and perform all acts as may be necessary for Flock to provide the Flock Services to Customer. Flock does not own and shall not sell Customer Data.

4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, 188
text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer (“Customer Generated Data”). Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer’s intellectual property rights of Customer Generated Data. Customer grants Flock a non-exclusive, irrevocable, worldwide, royalty-free, license to use the Customer Generated Data for the purpose of providing Flock Services. Flock does not own and shall not sell Customer Generated Data.

4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data non- identifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right to use and distribute such Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell Anonymized Data.

5. CONFIDENTIALITY; DISCLOSURES

5.1 Confidentiality. To the extent required by any applicable public records requests, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party).

Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Customer includes non-public data provided by Customer to Flock or collected by Flock via Flock Services, which includes but is not limited to geolocation information and environmental data collected by sensors. The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event less than commercially reasonable precautions, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any 189
such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information of the Disclosing Party.

Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. At the termination of this Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the Agreement. Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret.

5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement.

Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. Customer and Authorized End Users shall not: (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (vi) use the Flock Services for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Customer’s rights. There are no implied rights.
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5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to comply with a legal process, enforce this Agreement, or detect, prevent or otherwise address security, privacy, fraud or technical issues, or emergency situations.

6. PAYMENT OF FEES

6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. If Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no later than thirty (30) days after the closing date on the first invoice in which the error or problem appeared to receive an adjustment or credit. Customer acknowledges and agrees that a failure to contact Flock within this period will serve as a waiver of any claim. If any undisputed fee is more than thirty (30) days overdue, Flock may, without limiting its other rights and remedies, suspend delivery of its service until such undisputed invoice is paid in full. Flock shall provide at least thirty (30) days’ prior written notice to Customer of the payment delinquency before exercising any suspension right.

6.2 Notice of Changes to Fees. Flock reserves the right to change the fees for subsequent Renewal Terms by providing sixty (60) days’ notice (which may be sent by email) prior to the end of the Initial Term or Renewal Term (as applicable).

6.3 Late Fees. If payment is not issued to Flock by the due date of the invoice, an interest penalty of 1.0% of any unpaid amount may be added for each month or fraction thereafter, until final payment is made.

6.4 Taxes. Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock’s net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing authority, for which Customer is responsible, the appropriate amount shall be invoice to and paid by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and Flock shall not charge customer any taxes from which it is exempt. If any deduction or 191
withholding is required by law, Customer shall notify Flock and shall pay Flock any additional amounts necessary to ensure that the net amount that Flock receives, after any deduction and withholding, equals the amount Flock would have received if no deduction or withholding had been required.

7. TERM AND TERMINATION

7.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Term”). Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

7.2 Termination. Upon termination or expiration of this Agreement, Flock will remove any applicable Flock Hardware at a commercially reasonable time period. In the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period (“Cure Period”). Either Party may terminate this Agreement (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. In the event of a material breach by Flock, and Flock is unable to cure within the Cure Period, Flock will refund Customer a pro-rata portion of the pre-paid fees for Services not received due to such termination.

7.3 Survival. The following Sections will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 11.1 and

11.6. 192

8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER

8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Customer must notify Flock’s technical support team. In the event of a Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock.

8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that (1) Flock Services will be materially affected, and (2) that Flock shall have no liability to Customer regarding such affected Flock Services, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware.

8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTS.

FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK

DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT

LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A 193
PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER ONLY

APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 11.6.

8.5 Insurance. Flock will maintain commercial general liability policies as stated in Exhibit B.

8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omissions.

9. LIMITATION OF LIABILITY; INDEMNITY

9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY,

FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND

EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY

SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED

THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D)

FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR

REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH

AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID

AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR OMISSION THAT

GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF 194

LIABILITY OF SECTION ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION 10.6.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING

LIMITATIONS OF LIABILITY SHALL NOT APPLY (I) IN THE EVENT OF GROSS

NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) INDEMNIFICATION OBLIGATIONS.

9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable for the torts of its own officers, agents, or employees.

9.3 Flock Indemnity. Flock shall indemnify and hold harmless Customer, its agents and employees, from liability of any kind, including claims, costs (including defense) and expenses, on account of: (i) any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement; or (ii) any damage or injury to property or person directly caused by Flock’s installation of Flock Hardware, except for where such damage or injury was caused solely by the negligence of the Customer or its agents, officers or employees. Flock’s performance of this indemnity obligation shall not exceed the fees paid and/or payable for the services rendered under this Agreement in the preceding twelve (12) months.

10. INSTALLATION SERVICES AND OBLIGATIONS

10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, Customer is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at 195
Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Customer’s default and Flock shall have the right to enforce any other legal remedy or right.

10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan (“Deployment Plan”). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location, and will provide alternative options to Customer.

10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, re- positioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at (https://www.flocksafety.com/reinstall-fee-schedule). Customer will receive prior notice and confirm approval of any such fees.

10.4 Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide, attached hereto as Exhibit C (“Customer Obligations”). Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation.

10.5 Flock’s Obligations. Installation of any Flock Hardware shall be installed in a professional manner within a commercially reasonable time from the Effective Date of this Agreement. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or third party to perform certain obligations under this agreement, provided that Flock’s use of such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock’s obligations under this Agreement.

11. MISCELLANEOUS
196

11.1 Compliance With Laws. Parties shall comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s).

11.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

11.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction.

11.4 Entire Agreement. This Agreement, together with the Order Form(s), the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule), and any attached exhibits are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral , communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Customer’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. Any mutually agreed upon future purchase order is subject to these legal terms and does not alter the rights and obligations under this Agreement, except that future purchase orders may outline additional products, services, quantities and billing terms to be mutually accepted by Parties. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail. Customer agrees that Customer’s purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature.

11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Parties do not have any authority of any kind to bind each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer. 197

11.6 Governing Law; Venue. This Agreement shall be governed by the laws of the state in which the Customer is located. The Parties hereto agree that venue would be proper in the chosen courts of the State of which the Customer is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.

11.7 Special Terms. Flock may offer certain special terms which are indicated in the proposal and will become part of this Agreement, upon Customer’s prior written consent and the mutual execution by authorized representatives (“Special Terms”). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.

11.8 Publicity. Flock has the right to reference and use Customer’s name and trademarks and disclose the nature of the Services in business and development and marketing efforts.

11.9 Feedback. If Customer or Authorized End User provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.

11.10 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation (“FAR”), section

2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system. Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement. 198

11.11 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.

11.12 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing.

11.13 Conflict. In the event there is a conflict between this Agreement and any applicable statement of work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise.

11.14 Morality. In the event Customer or its agents become the subject of an indictment, contempt, scandal, crime of moral turpitude or similar event that would negatively impact or tarnish Flock’s reputation, Flock shall have the option to terminate this Agreement upon prior written notice to Customer.

11.15 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt to the address listed on the Order Form (or, if different, below), if sent by certified or registered mail, return receipt requested.

11.16 Non-Appropriation. Notwithstanding any other provision of this Agreement, all obligations of the Customer under this Agreement which require the expenditure of funds are conditioned on the availability of funds appropriated for that purpose. Customer shall have the right to terminate this Agreement for non appropriation with thirty (30) days written notice without penalty or other cost.

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FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: [email protected]

Customer NOTICES ADDRESS:

ADDRESS:

ATTN:

EMAIL:

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EXHIBIT B

INSURANCE

Required Coverage. Flock shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services under this Agreement and the results of that work by Flock or its agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A. M. Best rating of no less than “A” and “VII”. Flock shall obtain and, during the term of this Agreement, shall maintain policies of professional liability (errors and omissions), automobile liability, and general liability insurance for insurable amounts of not less than the limits listed herein. The insurance policies shall provide that the policies shall remain in full force during the life of the Agreement. Flock shall procure and shall maintain during the life of this Agreement Worker's Compensation insurance as required by applicable State law for all Flock employees.

Types and Amounts Required. Flock shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
(i) Commercial General Liability insurance written on an occurrence basis with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, and property damage, including personal injury, contractual liability, independent contractors, broad-form property damage, and product and completed operations coverage;
(ii) Umbrella or Excess Liability insurance written on an occurrence basis with minimum limits of Ten Million Dollars ($10,000,000) per occurrence and Ten Million Dollars ($10,000,000) in the aggregate;
(iii) Professional Liability/Errors and Omissions insurance with minimum limits of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) in the aggregate;
(iv) Commercial Automobile Liability insurance with a minimum combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, death, and property coverage, including owned and non-owned and hired automobile coverage; and 201
(v) Cyber Liability insurance written on an occurrence basis with minimum limits of Five Million Dollars ($5,000,000).

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2749 Agenda Date: 1/23/2024
Agenda #: O. Category: Consent Calendar
FROM:

Development Services
SUBJECT:

Option and Purchase and Sale Agreement for City owned property RECOMMENDATION:

1. Approve the Option and Purchase and Sale Agreement with SA Golden Investments, LLC for city owned land located at the northwest corner of Arrow Boulevard and Sierra Avenue consisting of approximately 21,500 square feet, more specifically described as APN’s 0191- 163-26, 0191-163-17, and 0191-163-16.

2. Authorize the City Manager to execute any documents necessary or appropriate to effectuate said approvals and/or agreement.

COUNCIL GOALS:
· Promote economic development by concentrating on job creation. · Promote economic development by pursuing business attraction, retention, and expansion.

DISCUSSION:

The City of Fontana has undertaken an expansive and comprehensive revitalization of Downtown Fontana. The specific geographic area to be targeted includes Upland Ave to the North, Orange Avenue to the South, Mango Ave to the East and Juniper Ave to the West. A primary component of this revitalization effort will require the acquisition, demolition, replanning, and redevelopment of several key properties within the area.

The property subject to this agreement was acquired as part of a larger purchase which included the 12,500-sf building formerly occupied by Bank of America. The subject parcels were the parking lot for the former bank. The bank building is not part of this proposed transaction.

The property was deemed surplus in 2023 and no qualified affordable housing providers presented a proposal during the state mandated notice period. Subsequently, staff was approached by representatives of SA Golden Investments, who seek to acquire the property for development. No project is included in this recommended action.

General Terms of Purchase:
· Option term expires on January 31, 2025. Buyer has the option to acquire one, six (6) month City of Fontana Printed on 1/18/2024Page 1 of 2
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File #: 21-2749 Agenda Date: 1/23/2024
Agenda #: O. Category: Consent Calendar
· Option term expires on January 31, 2025. Buyer has the option to acquire one, six (6) month extension period.
· The Purchase Price shall be $650,000, which was determined by a 3rd party appraisal commissioned by the City of Fontana
· Buyer shall gain approval of a development project for the property prior to exercising the option to purchase.

Approval of the Option and Purchase Agreement and a successful close of escrow on the subject property will play a pivotal role in the revitalization of the downtown area.

FISCAL IMPACT:

Upon receipt of closing proceeds, net revenue will be deposited into Fund 601 - Capital Reinvestment.

MOTION:

Approve staff recommendation.

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REAL ESTATE OPTION AND PURCHASE AND SALE AGREEMENT

AND JOINT ESCROW INSTRUCTIONS
This Real Estate Option and Purchase and Sale Agreement and Joint Escrow Instructions (this “Agreement”), dated for reference purposes only as of ____________, 2024 (the “Effective Date”) is entered into between SA Golden Investments, a California limited liability company (“Buyer”), and the City of Fontana, a California municipal corporation (“Seller”), for the purchase and sale of that certain real Option Property consisting of approximately ____ acres located in the City of Fontana, County of San Bernardino (“County”), State of California, as legally described on Exhibit A attached hereto and identified on the map attached hereto as Exhibit A-1 (the “Option Property”). As used herein the term “ Option Property” shall include all of Seller’s right, title and interest in and to all entitlements, easements, mineral rights, oil and gas rights, water, water rights, air rights, development rights and privileges appurtenant thereto and all improvements located thereon, excepting any right, title or interest to a ny public rights of way or public easements.

R E C I T A L S
This Agreement is entered into with reference to the following facts:

A. City owns the fee interest in the Option Property;
B. Buyer desires to purchase the Option Property for the fair market value as set forth in the Appraisal defined below;
C. The appraisal conducted for the Option Property by Bender Rosenthal Inc. dated December 21, 2023 and concluded that the fair market value fo r the Option Property was SIX HUNDRED AND FIFTY THOUSAND DOLLARS ($650,000) (the “Appraisal”); and D. Seller desires to grant an option to purchase the Option Property and Buyer desires to acquire an option to purchase the Option Property as specifically described herein.

E. No application for any land use entitlement involving the Property has been submitted to any public agency.

F. The specifics of any potential future use of the Property are not yet known in sufficient detail to allow for the completion of "meaningful environmental assessment" under California Environmental Quality Act ("CEQA") as discussed further under Section 4.3.

G. Any application (if any) for future land use entitlement would require the local land use authority to undertake all required environmental review pursuant to CEQA.

H. This Agreement does not anticipate or approve any land use or development entitlement, does not grant any vested development rights, and does not otherwise restrict the City's full and complete consideration and adoption of any feasible mitigation measures or feasible alternatives (expressly including the "no project" alternative) that may be required as part of any future CEQA process.
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NOW, THEREFORE, the parties hereto agree as follows:
1 GRANT OF OPTION
A. Grant of Option. SELLER hereby grants to BUYER an option to purchase the Option Property on the terms and conditions specified in this Agreement.

B. Option Consideration. Failure to make any payment required by this section on or before the date specified shall cause this option to terminate. As used in this Agreement, the term “Option consideration” includes consideration both for the initial option and for any extension term. The consideration for the initial term of the option shall be the Deposit described in section

3.B., below.

If Buyer desires to extend the term as provided in Section 1.C, below, Buyer, prior to the expiration of the then current term shall (i) give written notice to Seller of Buyer’s election to extend, and (ii) deposit with Escrow Holder additional option consideration. Additional option consideration for the single six-month extension shall be ONE THOUSAND DOLLARS ($1,000).

If this Agreement is terminated pursuant to Section 7, below regarding title matters, option consideration for the initial term of the option shall be refunded to Buyer. Otherwise, except as provided in Section 1, all option consideration shall be nonrefundable unless Seller defaults under this Agreement. The consideration for the initial option and option extensions is to be disbursed to Seller within forty-eight (48) hours of deposit t hereof by Buyer. This Agreement constitutes irrevocable instructions to Escrow Holder that consideration for the initial option and option extensions is to be disbursed to Seller within forty-eight (48) hours of deposit thereof by Buyer.

All option consideration (including extensions) shall be applicable to the purchase price.

C. Option Term. The initial term of this option shall expire at 5:00 p.m. on first anniversary of the Effective Date (“Option Term”). If this option has not theretofore expired, Buyer may extend the Option Term for up to one (1) Six-month period only if Buyer timely deposits the additional option consideration pursuant to Section 1.B and timely gives notice of election to extend as provided in that Section. Each extension period sha ll expire at 5:00 p.m. on the last day of a calendar [month/year] unless such day is not a Business Day, in which case the extension period shall expire on the next following day which is a Business Day. A Business Day shall mean Monday through Friday, ex cept for holidays on which the San Bernardino County Recorder’s office is closed.

D. Permission To Enter. SELLER hereby grants to BUYER, or its authorized agents, permission to enter upon the Option Property at all reasonable times from the Effective Date until the expiration of the Option Term, and if the option is exercised, from and after such exercise until close of this transaction for the purpose of conducting due diligence, including making necessary or appropriate inspections. BUYER will give SELLER at least two (2) business 206
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days written or oral notice before going on the Option Property. BUYER does hereby indemnify and hold harmless SELLER, SELLER’s heirs, successors, assigns, officers, employees, agents and representatives free and harmless from an d against any and all liability, loss, damages and costs and expenses, demands, causes of action, claims or judgments, arising from or that is in any way connected with BUYER’s inspections or non -permanent improvements involving entrance onto the Option Property pursuant to this Section 1D. If BUYER fails to acquire the Option Property due to BUYER’s default, this license will terminate upon the termination of BUYER’s right to purchase the Option Property. In such event, BUYER will remove or cause to be r emoved all of BUYER’s personal Option Property, facilities, tools and equipment from the Option Property. If BUYER does not remove all of BUYER’s personal Option Property, facilities, tools, and equipment from the Option Property within ten (10) business days of the date that BUYER’s license terminates under this Section, SELLER has the right to remove said personal Option Property, facilities, tools and equipment from the Option Property. In the event BUYER fails to remove BUYER’s personal Option Propert y, facilities, tools and equipment from the Option Property after entering the Option Property to perform due diligence, including to make necessary or appropriate inspections as specified in this Section 1D, BUYER is responsible for all reasonable costs incurred by SELLER in any such removal by SELLER. 2 EXERCISE OF OPTION
A. Exercise. The option shall be exercised, if at all, prior to the expiration of the initial term, or, if extended, prior to the expiration of the applicable extension term. In order to exercise the option, BUYER must give written notice to SELLER of election to exercise on or before the deadline for exercise which is the Option Term (“ Option Exercise”). If an expiration date or deadline would otherwise be a day which is not a Business Day, then the expiration date or deadline shall be the next following Business Day.

B. Memorandum of Option. The parties shall execute a memorandum or short form of this Agreement to be recorded, filed or published in the public records of San Bernardino County within 3 Business days of the execution of this Agreement.

C. Quitclaim Deed. Upon expiration or termination of this option without the option having been effectively exercised, BUYER agrees that it shall, within five (5) Business days of any request therefo r, execute and deliver to SELLER a quitclaim deed to the Option Property. The provisions of this section shall survive the termination of this Agreement. 3 PURCHASE PRICE/ DEPOSIT/ INDEPENDENT CONSIDERATION
A. The purchase price for the Option Property shall be in consistent with the Appraisal Six Hundred and Fifty Thousand Dollars ($650,000) (the “Purchase Price”) to be paid all cash to Seller at Closing, less the Deposit made by Buyer pursuant to Section 2.

B. Buyer has deposited a cash sum equal to Five Thousand Dollars at First American, 4380 La Jolla Village Dr., Suite 200, San Diego, CA, Attn: Sheri Keene (“Escrow Holder”). Buyer may replace the Deposit held with Escrow so long as Buyer pays any and all fees and costs associated with the Deposit replacement; Seller shall cooperate with the Deposit replacement, but shall not be responsible for any fees or costs. The Deposit, is also the option 207
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consideration, shall be held in the Escrow until the Feasibility Deadline (as defined in Section 1 1 below) with the interest earned thereon inuring to the benefit of Buyer. If on or before the Feasibility Deadline, Buyer delivers to Seller and Escrow Holder written notice approving the feasibility of the Option Property, the Deposit shall thereafter be non-refundable to Buyer, except as otherwise set forth in this Agreement, and shall remain in Escrow until the Closing or earlier termination of this Agreement, and provided further that until the Closing occurs or until Seller receives the Deposit as liquidated damages pursuant to Section 8.E. hereof, Buyer shall be deemed the owner of the Deposit, and Seller and its successors and assigns shall not be entitled to withdraw from Escrow or to receive from Escrow all or any part of the Deposit. If this Agreement is terminated or deemed terminated on or before the Feasibility Deadline, Seller hereby authorizes Escrow Holder to immediately release the Deposit (and all of the interest earned on the Deposit) to Buyer without any additional documentation required from the parties. Seller releases Escrow Holder from all liability in connection with the release of the Deposit to Buyer in accordance with the preceding sentence, and following such release of the Deposit, neither party shall have any further rights or oblig ations hereunder (other than those arising from a party’s breach of this Agreement). The Deposit shall be credited against the Purchase Price at the Closing.

C. Within three (3) business days following the mutual execution and delivery of this Agreement to Escrow, Buyer shall deposit into Escrow the amount of One Hundred Dollars ($100.00) (the “ Independent Consideration ”). The Independent Consideration shall be non - refundable to Buyer as independent consideration for the rights and options extended to Buyer hereunder, including, without limitation, the right and option to terminate this Agreement as provided herein. The Independent Consideration shall be disbursed to Seller immediately following Buyer's deposit thereof into Escrow. In all instances under this Agreement in which Buyer elects to terminate or is deemed to have terminated this Agreement and the Deposit is returned to Buyer, Seller shall retain the Independent Consideration when the Deposit is returned to Buyer. The Independent Consideration shall n ot be applicable to the Purchase Price or treated as consideration given by Buyer for any purpose other than as provided herein. The parties agree that it is their intention that the amount of the Independent Consideration is sufficient consideration, as such term is defined in Steiner v. Thexton, 48 Cal. 4th 411 (2010). Buyer and Seller hereby acknowledge and confirm that they have had an opportunity to review this provision with their respective, independent counsel.
4 FAIR MARKET VALUE; N O SUBSIDY BY SEL LER; NO AGENCY

OBLIGATIONS
Buyer and Seller acknowledge and agree that the Purchase Price represents the current fair market value of the Option Property as set for the in the Appraisal. Buyer and Seller further acknowledge and agree that neither Seller not City, in their regulatory capacity or otherwise, has provided or agreed to provide any subsidy to the Buyer in connection with Buyer’s acquisition, development, use and/or operation of the Option Property, nor is there any plan to provide any such subsidy to the Buyer.
5 REQUIRED SUBMITTALS TO CITY
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A. By the end of the Buyers Feasibility Approval, as set for in Section 1 1 below, Buyer shall submit its complete application to the City of Fontana for all required approvals.

B. Within three (3) months of submitting the complete application to the City, Buyer shall submit to the City all required environmental documents to the City. 6 ESCROW
A. Closing. The parties shall open an escrow within one (1) business day of Option Exercise on which Buyer exercises its O ption. Close of Escrow means the date on which the Grant Deed is recorded in the Official Records of the County of San Bernardino. The Close of Escrow will be 30 days after the Option Exercise, subject to satisfaction of all conditions precedent as described under Section 12 and Section 1 3, but in no event shall the Close of Escrow be later than ninety (90) days after the Option Exercise (the “Closing Date” or “Closing”). The Closing Date may be extended by the City Manager as set forth in Section 10. Buyer may elect to close the Escrow before the Closing Date upon thirty (30) days prior written notice to Seller.

B. Escrow Instructions; Costs . The provisions hereof shall constitute joint instructions to Escrow Holder to consummate the purchase in accordance with the terms and provision hereof. The parties shall execute such additional escrow instructions, not inconsistent with the provisions hereof, as may be deemed reasonably necessary to carry out the intentions of the parties as expressed herein; provided , however, if the provisions of any such additional instructions contradict with the provisions of this Agreement, then the provisions of this Agreement shall control. At Closing, (i) real estate taxes shall be prorated between Buyer and Seller as of the closing date, and (ii) all other closing costs and prorations shall be paid by county custom.

C. Deposit of Documents.
(1.) At or before the Closing, Seller shall deposit into escrow the duly executed and acknowledged Deed (defined below) conveying the Option Property to Buyer; (2.) At or before the Closing, Buyer shall deposit into escrow the funds necessary to close this transaction; and
(3.) Seller and Buyer shall each deposit such other instruments as are reasonably required by the “Title Company” (defined below) or ot herwise required to close the escrow and consummate the purchase of the Option Property in accordance with the terms hereof.

D. Prorations. The Current Taxes shall be prorated as of the Closing Date based on the tax assessor’s most recent tax bill for the Option Property except all delinquent taxes and assessments shall be paid by Seller. The parties shall cooperate in good faith following the Closing (and outside of the Escrow) to reconcile any prorations made at the Closing that do not accurately reflect the actual prorated cost or revenue. All prorations of amounts for which Seller is responsible but which Buyer pays or agrees to pay in the future shall be credited against the Purchase Price.
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E. Balance of Purchase Price. Prior to 10:00 a.m. on the day of Closing, Buyer shall deposit with wire to Escrow Holder in immediately available funds the balance of the Purchase Price, together with such other amounts as may be required in order to pay Buyer’s share of closing costs and prorations.

F. Closing Procedure. Upon receipt of all funds and instruments described in this Section 5, and upon satisfaction or waiver of all contingencies and conditions set forth in this Agreement, Escrow Holder shall:
(1.) Record the Grant Deed in the Official Records of San Bernardino County, California.
(2.) Issue the Title Policy (as defined below) to the Buyer. (3.) Deliver the Purchase Price to Seller, less any costs and expenses shown on the closing statements approved by Seller and Buyer, which costs and expenses shall be disbursed as instruc ted by Seller and Buyer in escrow instructions delivered to Escrow Holder prior to the Closing Date.
7 TITLE
Buyer has procured that current preliminary title report respecting the Option Property issued by First American Title (the “Title Company”) attached hereto as Exhibit B, along with legible copies of the documentation evidencing all exceptions shown therein (the “Title Report”).

Within thirty (30) days following the Effective Date, Buyer shall disapprove in writing any exceptions contained in the Title Report to which Buyer objects (the “Disapproved Exceptions”); all exceptions not so objected to by Buyer in writing shall be referred to as “ Approved Exceptions”. Seller shall have ten (10) days after Buyer delivers such notice to advise Buyer if Seller will agree to remove any of such Disapproved Exceptions from title. If Seller does not so agree in writing to remove all of the Disapproved Exceptions, then, until the Feasibility Deadline, Buyer may elect to terminate this Agreement and recover the Depo sit previously made and any interest actually earned thereon, in which event the parties shall have no further rights or obligations hereunder; or, alternatively, Buyer may elect to waive its objection to those Disapproved Exceptions in which event such Di sapproved Exceptions will be deemed to be Approved Exceptions. At the Closing, Seller shall convey its fee interest in and to the Option Property to Buyer (or to such other . affiliated entity as may be specified in Buyer’s escrow instructions and approved by Agency) by deed in a form reasonably mutually acceptable to Buyer and Seller (the “ Deed”). Title to the Option Property shall be subject only to (i) a lien for then current taxes, bonds and assessments not yet delinquent and (ii) the Approved Excepti ons (collectively, the “ Permitted Exceptions ”). Immediately following recordation of the Deed, Escrow Holder shall issue to Buyer an A.L.T.A. Standard Coverage Owner’s policy of title insurance, with coverage in the amount of the Purchase Price for the Option Property, showing fee simple title to the Option Property vested in Buyer, subject only to the Permitted Exceptions (the “Title Policy”). Buyer may elect to obtain an extended coverage policy at Buyer’s cost. 8 “AS IS” PURCHASE; RELEASE OF SELLER; LIQUIDATED DAMAGES 210
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A. Buyer’s Independent Investigation. Buyer represents and warrants to Seller that Buyer shall, prior to the Feasibility Deadline, perform a diligent and thorough inspection and investigation of each and every aspect of the Option Property, eit her independently or through agents of Buyer's choosing, including, without limitation, the following matters (collectively, the “Option Property Conditions”):
(1.) All matters relating to title including, without limitation, the existence, quality, nature and adequacy of Seller’s interest in the Option Property and the existence of physically open and legally sufficient access to the Option Property. (2.) The zoning and other legal status of the Option Property, including, without limitation, the compliance of the O ption Property or its operation with any applicable codes, laws, regulations, statutes, ordinances and private or public covenants, conditions and restrictions, and all governmental and other legal requirements such as taxes, assessments, use permit requirements and building and fire codes.
(3.) The quality, nature, adequacy, and physical, geological and environmental condition of the Option Property (including soils and any groundwater), and the presence or absence of any Hazardous Materials in, on, under or about the Option Property or any other real Option Property in the vicinity of the Option Property. As used in this Agreement, “Hazardous Material” shall mean any material that, because of its quantity, concentration or physical or chemical characteristics, is now or hereafter deemed by any federal, state or local governmental authority to pose a present or potential hazard to human health or safety or to the environment.
(4.) The suitability of the Option Property for Buyer’s intended use of the Option Property.
(5.) The economics and development potential, if any, of the Option Property.
(6.) All other matters of material significance affecting the Option Property.

B. Hazardous Materials Disclosure. California law requires sellers to disclose to buyers the presence or potential presence of certain Hazardous Materials. Accordingly, Buyer is hereby advised that occupation of the Option Property may lead to exposure to Hazardous Materials such as, but not limited to, gasoline, diesel and other vehicle fluids, vehicle exhaust, office maintenance fluids, tobacco smoke, methane and building materials containing chemicals, such as formaldehyde. By execution of this Agreement, Buyer acknowledges that the notices and warnings set forth above satisfy the requirements of California Health and Safety Code Section 25359.7 and related statutes.

C. As-Is Purchase. Buyer specifically acknowledges and agrees that Seller is selling and Buyer is purchasing Seller’s interest in the Option Property on an “as is with all faults” basis. Buyer is relying solely on its independent investigation and not on any representations or warranties of any kind whatsoever, express or implied, from Seller or its agents as to any matters concerning the Option Property, its suitability for Buyer's intended uses or any of the Option 211
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Property Conditions. Seller does not guarantee the legal, physical, geological, environmental or other conditions of the Option Property, nor does it assume any responsibility for the compliance of the Option Property or its use with any statute, ordinance or regulation. It is Buyer's sole responsibility to determine all building, planning, zoning and other regulations relating to the Option Property and the uses to which it may be put.

D. [Intentionally left blank.]
E. Release/Indemnity. Buyer shall defend, indemnify, and hold harmless Seller, the City and their respective officials, officers, employees, consultants, contractors and agents (collectively, “ Indemnitees”) from and against any and all actual and alleged claims, losses, damages, fines, costs, penalties, expenses (including reasonable attorneys’ fees, costs of experts and other litigation expenses), and liabilities of any type or nature, including those related or due to death or injury to any person and injury to any Option Property, proximately resulting from any negligent acts or omissions by Buyer related to the activities described or contemplated by this Agreement. No officials, officers, employees, c onsultants, contractors or agents of Seller or City shall be personally liable to Buyer, any voluntary or involuntary successors or assignees, or any lender or other party holding an interest in the Option Property, in the event of any default or breach by Seller or City, or for any amount which may become due to Buyer or to its successors or assignees, or on any obligations arising under this Agreement. No officials, officers, employees, consultants, contractors or agents of Buyer shall be personally liable to City or Seller in the event of any default or breach by Buyer, or for any amount which may become due to Seller or City, or on any obligations arising under this Agreement.

The provisions of this Section 8.E. shall survive the Closing hereunder or th e termination of this Agreement and shall not be merged into the Deed.

F. LIQUIDATED DAMAGES: BUYER AND SELLER AGREE THAT IF,

AFTER THE FEASIBILITY DEADLINE, BUYER DEFAULTS ON ITS OBLIGATION TO

PURCHASE THE OPTION PROPERTY PURSUANT TO THE TERMS AND CONDITION S

OF THIS AGREEMENT, THE DAMAGES TO SELLER WOULD BE DIFFICULT AND IMPRACTICAL TO DETERMINE. ACCORDINGLY, BUYER AND SELLER HAVE AGREED TO FIX AS LIQUIDATED DAMAGES THE DEPOSIT OF $200,000 SPECIFIED IN SECTION 3, AND SUCH AMOUNT SHALL BE PAYABLE TO SELLER A S LIQUIDATED DAMAGES, AND SHALL CONSTITUTE SELLER’S SOLE AND EXCLUSIVE REMEDY FOR SUCH DEFAULT. BUYER AND SELLER AGREE THAT THIS LIQUIDATED

DAMAGES PROVISION IS REASONABLE UNDER THE CIRCUMSTANCES EXISTING AS

OF THE EFFECTIVE DATE, GIVEN THE DIFFICULTY AND IMPRACTICALITY OF DETERMINING SELLER’S DAMAGES, THE COSTS OF NEGOTIATING AND DRAFTING THIS AGREEMENT, PERFORMING SELLER’S OBLIGATIONS HEREUNDER, KEEPING

THE OPTION PROPERTY OUT OF THE MARKETPLACE, COSTS OF SEEKING ANOTHER BUYER AND OTHER COSTS INCURRED IN CONNECTION HEREWITH. PAYMENT OF

SUCH AMOUNT TO SELLER AS LIQUIDATED DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY UNDER CALIFORNIA CIVIL CODE SECTIONS 3275 OR 3369, BUT INSTEAD, IS INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO SELLER PURSUANT TO SECT IONS 1671, 1676 AND 1677 OF THE CALIFORNIA CIVIL CODE. SELLER HEREBY WAIVES THE PROVISIONS OF CALIFORNIA CIVIL CODE 212
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SECTION 3389. SELLER AGREES THAT THESE LIQUIDATED DAMAGES SHALL BE IN

LIEU OF ANY OTHER MONETARY RELIEF OR OTHER REMEDY, INCLUDING

WITHOUT LIMITATION SPECIFIC PERFORMANCE, TO WHICH SELLER OTHERWISE MIGHT BE ENTITLED UNDER THIS AGREEMENT, AT LAW OR IN EQUITY. BUYER

AND SELLER SPECIFICALLY ACKNOWLEDGE THEIR AGREEMENT TO THE

FOREGOING LIQUIDATED DAMAGES PROVISION BY INITIALING THIS SECTION IN THE APPROPRIATE SPACES PROVIDED BELOW:

Buyer’s Initials _______ Seller’s Initials _______
9 POSSESSION; MAINTENANCE OF OPTION PROPERTY
Seller shall deliver to Buyer possession of the Option Property immediately on Closing, free of all uses, tenancies and occupancies unless approved by Buyer. Until possession is delivered to Buyer, subject to Buyer’s authorization to enter the Option Property as set forth in Section 1 1, Seller agrees, at its sole cost and expense, to maintain and keep the Option Property a nd all the improvements thereon in not less than the same order and condition as they are on the date this Agreement is executed by Seller. Pending the Closing, Seller shall continue to manage and operate the Option Property and maintain insurance covering the Option Property in substantially the same manner as Seller has managed and operated the Option Property for the last twelve (12) months, and shall not commit waste or otherwise materially and adversely affect the Option Property. 10 CITY MANAGER AUTHORITY
The City Manager of the City (“City Manager”) shall have the authority to take all actions and execute all documents required or necessary for the Agency to perform its obligations under this Agreement, to extend each of the Closing Date or Feasibility Deadline for up to 180 days (or for an additional period beyond said 180 days), and to otherwise complete the Closing and conveyance of the Option Property to Buyer pursuant to this Agreement. Further, City Manager may execute any entitlement applications in connection with the Buyer’s future use of the Option Property, where the signature of the Agency is required as the owner of the Option Property. 11 DUE DILIGENCE
Buyer shall have until the date that is one hundred and eighty (180) days following the Effective Date (the “Feasibility Deadline”) to determine the feasibility of the Option Property for Buyer’s intended use in Buyer’s sole discretion by its delivery of its written notice of feasibility approval (the “Buyer Feasibility Approval”) to Seller and Escrow Holder on or before 5:00 p.m.

Pacific Time on or before the Feasibility Deadline. Buyer’s failure to deliver to Seller and Escrow Holder the Buyer Feasibility Approval on or before the Feasibility Deadline shall automatically be deemed to constitute Buyer’s termination of this Agreement.

Upon the Effective Date of this Agreement, Buyer may enter upon the Option Property until the earlier of the Closing or termination of this Agreement to conduct any investigation, test, study or analysis related to the development thereof, including, but not limited to, soils studies, Phase I and/or Phase II toxic studies, engineering studies, tree surveys, archeological studies, biological studies, utilities and constraints study, hydrology studies and any other matters necessary to evaluate the development of the Option Property. Buyer shall pay all costs with 213
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respect to such studies and tests and shall be solely responsible for the disposal of any soil samples (including any Hazardous Materials or other wastes in these samples), which obligation shall survive the termination of this Agreement. Buyer shall exercise due care, follow best commercial practices in connection with such entry and testing, and shall comply with all laws, ordinances, rules, regulations, orders and the like in connection with any entry onto or testing of the Option Property. Prior to any entry onto the Option Property, Buyer shall obtain and maintain, and shall require that its agents, consultants, contractors and representatives (collectively, the “Agents”) to obtain and maintain in full force during the term of this Agreement, at Buyer’s sole cost and expense, a policy of comprehensive liability insurance, including Option Property damage, which will insure Agency, City and their respec tive officers, members, employees and agents against liability for injury to persons, damage to Option Property, and death of any person arising in connection with Buyer or its Agents entry upon the Option Property and/or conducting of tests or studies thereon. The policy shall be approved as to form and insurance (including approval of the insurance company) by the Agency, and shall be in an amount not less than One Million Dollars ($1,000,000). Buyer shall provide Agency with a certificate for any insur ance policy required hereunder, including an endorsement that states that the policy will not be cancelled except after thirty (30) days' notice in writing to Agency and names the additional insureds as required herein.

Buyer shall provide Agency with evidence of such insurance coverage prior to any entry onto the Option Property by Buyer or its Agents. Following any such tests or studies, Buyer shall leave the Option Property in substantially similar condition as of the Effective Date of this Agreement, and Buyer shall indemnify, defend and hold harmless Seller, City, and their respective officers, members, employees and agents from and against any liabilities, claims, damages (including injury or damage to person or Option Property), losses, costs, expen ses and fees (including reasonable attorneys’ and experts’ fees and costs) to the extent resulting from the entry, inspections and studies conducted by Buyer and its Agents on, under, or about the Option Property, except that Buyer shall have no liability under this Section 1 1 for, and no obligation to remedy, any liabilities, claims, damages, costs, expenses, fees, conditions or defects on or under the Option Property to the extent (i) not caused by Buyer or its Agents, (ii) resulting from any conditions o r defects discovered during Buyer’s investigations and inspections, including the discovery of any Hazardous Materials and the results or findings of any tests, or (iii) to the extent resulting from the acts or omissions of Seller, or Seller’s agents, engineers, contractors, consultants and representatives. Without limiting the foregoing, Buyer shall have no liability for any diminution in the value of the Option Property resulting from the activities excluded in (ii) above, provided in the event Buyer or its Agents discover any toxic or Hazardous Materials on or under the Option Property, Buyer and its Agents shall cease any further investigation in that area of the Option Property, notify Seller by phone and email within twenty four (24) hours of that dis covery, exercise reasonable due care so as not to exacerbate that condition and properly dispose of any soils samples which contain such toxic or Hazardous Materials. Nothing in this Section is intended to limit or modify the indemnity contained in Section 8.E. The foregoing indemnity shall survive beyond the Closing, or, if the sale is not consummated, beyond the termination of this Agreement.

To the extent Seller has not previously done so, Seller shall make available to Buyer for Buyer’s review and inspection, during the term of this Agreement at the office of Seller and upon at least twenty-four (24) hours’ prior notice, and in each case to the extent the materials are in the Seller’s possession or control, copies of all soil and hydrology reports, e nvironmental or toxic material reports, biological reports, archeological reports, engineering reports, traffic studies, environmental impact studies, or any public records which concern the Option Property 214
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(collectively the “Documents”). Buyer shall have the right, at Buyer’s cost, to make copies of the Documents for Buyer’s review and approval but if this Agreement is terminated, Buyer shall, upon the written request of Seller, return all such Documents and copies to Seller. Seller makes no representation or warranties whatsoever regarding the existence, availability, completeness or accuracy of the Documents. Buyer shall promptly deliver to Seller copies of any reports relating to any testing or other inspection of the Option Property performed by Buye r or its agents, employees or contractors (the “ Buyer Work Product”), but shall not deliver copies of any such reports to any other person or entity without Seller’s prior written approval. Seller acknowledges and agrees that any and all of the Buyer Work Product is provided by Buyer for informational purposes only and do not constitute representations or warranties of Buyer of any kind, including any representations and warranties concerning the accuracy or completeness of any information in the Buyer Work Product.
12 CONDITIONS TO BUYER’S PERFORMANCE
Buyer’s obligations to purchase the Option Property under this Agreement are subject to Buyer’s written approval of the following conditions precedent (“Buyer’s Closing Conditions”), but Buyer shall have the r ight to waive any such condition(s) in writing within the time period specified in such condition, or if not specified, prior to the Closing. If Buyer waives any of Buyer’s Closing Conditions, then Seller shall be relieved of any further obligation or lia bility, including any representation or warranty, in connection with such condition. In the event Buyer determines that any such condition is objectionable, unacceptable, or cannot be satisfied within the period specified below, or if no time period is specified then prior to Closing, Buyer may, in its sole and absolute discretion, fail to approve said condition. In such event, then (without limiting Buyer’s remedies in the event of a breach of this Agreement by Seller which are provided in Section 21 below) the Deposit and all interest earned thereon while in Escrow, shall be returned immediately to Buyer by Escrow Holder, and neither party shall have any further rights or obligations hereunder. If the Closing occurs and Buyer has failed to disapprove of any of the following Buyer’s Closing Conditions, then such condition(s) shall be deemed waived.

A. Feasibility Study. Buyer’s approval of the feasibility of the Option Property for Buyer’s intended use in accordance with Section 11 prior to the Feasibility Deadline.

B. Truth and Accuracy of Seller’s Representations and Warranties . Seller’s representations and warranties as set forth in this Agreement shall be true and correct on the Effective Date of this Agreement and on the Closing Date.

C. Title. Escrow Holder is irrevocably and unconditionally committed to issue to Buyer the Title Policy with no exceptions to coverage other than the Permitted Exceptions, and no person or entity has any right to use or occupy the Option Property, except as shown in any Permitted Exceptions in the Title Policy.

D. Seller’s Other Obligations . Seller shall have performed all of its other covenants and obligations as set forth in this Agreement.

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E. Parking Structure. An adjacent parking structure containing not less than 300 spaces shall have commenced construction prior to the Closing Date. 13 CONDITIONS TO SELLER’S PERFORMANCE
The following are conditions precedent to Seller’s obligation to sell the Option Property to Buyer (“Seller’s Closing Conditions”):

A. Buyer shall have received final approval (beyond any challenge or appeal period with no challenge or appeal then pending) of all necessary land -use approvals, authorizations and entitlements, including, without limitation, entering into a development agreement between Buyer and the City (collectively, the “ Entitlements”), to develop the Option Property.

B. Seller shall have completed all required review under CEQA, including an evaluation of the significant adverse effects, alternative projects (including the “no project alternative”), and mitigation measures. This Option Agreement merely confirms the fiscal and business-related terms relative to the potential purchase and sale of the Property. This Option Agreement shall not be construed as, and does not appr ove, any land use or development entitlement, does not grant any vested development rights, and does not otherwise restrict the lead agency's full and complete consideration and adoption of any feasible mitigation measures or alternatives (expressly including the "no project" alternative) that may be required as part of any future CEQA process. Further, any potential future uses of the Property are not yet known in sufficient detail to allow for the completion of "meaningful ... environmental assessment," such that undertaking environmental review would be premature under State CEQA Guidelines Section 15004. As such, this Agreement does not bind or commit the lead agency or any other governing jurisdiction to any definite course of action with regard to the property, and this Option Agreement does not constitute the approval of a "project" pursuant to CEQA. Nonetheless, the Closing of escrow and any transfer of title under this Agreement, as well any consideration by the governing jurisdictions of future ac tions allowing for potential future development of the Property, are expressly made contingent upon the completion of all required environmental review under CEQA, as permitted by State CEQA Guidelines Section 15004(b).

C. Seller’s approval of Buyers proof of construction financing and construction contracts, such approval not to be unreasonably withheld.

D. Approval of the first phase building permit by the City Building and Safety Department and ability to issue upon only the payment of required fees.

E. Buyer sha ll have performed all of its obligations hereunder and all of Buyer’s representations and warranties shall be true and correct.

Each of Seller’s conditions precedent are intended solely for the benefit of Seller and is deemed to be material to and of the essence of this Agreement. If any of Seller’s conditions precedent are not satisfied as provided above, Seller may, at its option, terminate this Agreement.

In such event, then (without limiting Seller’s remedies) the Deposit and all interest earned thereon while in Escrow, shall be delivered to Seller by Escrow Holder except in the event that Seller terminates this agreement pursuant to Section 13.A, in which case such amounts shall be returned 216
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immediately to Buyer by Escrow Holder, and neither party shal l have any further rights or obligations hereunder. If the Closing occurs and Seller has failed to disapprove of any of Seller’s Closing Conditions, then such condition(s) shall be deemed waived. 14 SELLER’S REPRESENTATIONS AND WARRANTIES
Seller hereby makes the representations and warranties set forth in this Agreement for the benefit of Buyer and its successors and assigns for a period of six (6) months from and after the Closing Date, after which Seller’s representations and warranties will be of no fur ther force or effect. Seller shall notify Buyer in writing within ten (10) business days after Seller’s City Manager receives actual knowledge that any representation or warranty has become untrue or misleading in light of information obtained by Seller a fter the Effective Date of this Agreement, and if such ten (10) business day period would expire after the Closing, then the Closing shall be extended until the expiration of the ten (10) business day period. As used herein, “Seller’s knowledge” shall mea n the present actual, not constructive, knowledge of Seller’s current City Manager, without any investigation or inquiry or duty to do so. All representations and warranties contained in the Agreement shall be deemed remade at Closing except as otherwise disclosed to Buyer in writing, shall survive the Closing for the prescribed six-month period and shall not merge with the Deed.

A. To Seller’s knowledge, there is no litigation, arbitration or proceeding pending, or threatened, before any court or administrative agency or any other condition that relates to or affects the Option Property, Seller’s performance hereunder, Buyer’s intended use of the Option Property, or which will result in a lien, charge, encumbrance or judgment against any part of or any intere st in the Option Property, except (i) as disclosed in the Title Report, or (ii) as otherwise disclosed to Buyer in writing.

B. To Seller’s knowledge, the Option Property is not in violation of any federal, state or local law, statute, regulation, code or ordinance.

C. Seller is not a foreign person, foreign corporation, foreign partnership, foreign trust or foreign estate, as those terms are defined in the Internal Revenue Code Section 1145 and any related regulations and Seller is exempt from the withholding o bligations imposed by California Revenue and Taxation Code Sections 18805, 18815, and 26131.

D. To Seller’s knowledge, no person or entity has the right to use, occupy, possess or reside on the Option Property except as disclosed in the Title Report and Seller has not, to Seller’s knowledge, nor has City, to Seller’s knowledge, granted any person or entity any such rights .
15 BUYER’S REPRESENTATIONS, WARRANTIES AND COVENANTS
A. Buyer represents and warrants that it is a limited liability company duly organized under the laws of California, in good standing and authorized to conduct business in State of California, has the capacity and full power and authority to enter into and carry out the agreements contained in and the transactions contemplated by this Agreement , and that this Agreement has been duly authorized and executed by Buyer, and upon delivery to and execution by Seller, shall be a valid and binding agreement of Buyer. 217
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B. There is no action, suit, arbitration, unsatisfied order or judgment, government investigation or proceeding pending or, to the actual knowledge of Buyer threatened, against Buyer which, if adversely determined, could individually or in the aggregate materially interfere with the consummation by Buyer of the transaction contemplated by this Agreement. The term “actual knowledge” means the present actual, not constructive, knowledge of Robert Martin without any further investigation or inquiry or duty to do so.

C. In compliance with Executive Order 13224 and the USA Patriot Act of 2001, Buyer and Seller each affirmatively represents and warrants to the other that (a) neither it, nor any of its officers, directors, or principals, has committed or supported terrorist acts; or (b) neither it, nor any of its officers, directors, or principals is ident ified on the list of Specially Designated Nations and Blocked Persons generated by the Office of Foreign Assets Control. 16 COMMISSIONS
Each party represents to the other that it has not dealt with any broker, agent, or finder for which a commission or fee is payable with respect to the Option Property or this Agreement, and each party shall indemnify, defend and hold harmless the other from any claims, demands, liabilities, or judgments for commissions or fees arising from such party’s breach of this Sectio n.

The foregoing indemnification, defense and hold harmless obligations of the parties shall survive Closing and any termination of this Agreement.
17 FOREIGN INVESTOR DISCLOSURE
Seller understands that if Seller is unable to certify that it is U.S. citizen or a resident of the State of California at the time of the Closing, Buyer shall be entitled to withhold from the purchase price such amounts as are necessary to satisfy Buyer’s withholding obligations under the Foreign Investment in Real Property Tax Ac t and under California Revenue and Taxation Code Sections 18805, 18815 and 26131.
18 FUTURE LEASES, COMMITMENTS AND ENCUMBRANCES
From and after the Effective Date of this Agreement, except to the extent required by law or otherwise, Seller shall not (a) execute, modify and/or approve any leases, contracts or commitments affecting the Option Property that would extend beyond the Clos ing Date without Buyer’s written approval; which approval may be given or withheld in Buyer’s sole discretion; or (b) voluntarily encumber the Option Property with any liens, encumbrances or other instruments creating a cloud on title or securing a monetary obligation with the Option Property. 19 CONDEMNATION/CASUALTY
If after the Effective Date of this Agreement and prior to the Closing all or any part of the Option Property is taken or threatened to be taken by eminent domain or condemnation or is destroyed by fire, earthquake or other casualty, Buyer may elect either (a) to terminate this Agreement as to the entire Option Property, in which event all the Deposit and interest earned thereon while in Escrow, shall be returned to Buyer, and this Agreement shall be null and void and of no further force or effect, or (b) to consummate purchase of the Option Property as herein provided, in which event Seller shall pay or assign to Buyer all condemnation awards or payments 218
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in respect of the Option Property and/or all insurance proceeds paid or payable to Seller as a consequence of such casualty. If this Agreement is terminated in full pursuant to this Section 19, neither party shall have any further rights, duties, obligations or liabilities, at law or in equity, arising out of or relating to this Agreement except for those that specifically survive termination of this Agreement pursuant to other provisions hereof.
20 PREVAILING WAGE REQUIREMENTS.

A. Buyer acknowledges that the Seller has made no representation, express or implied, to Buyer or any person associated with Buyer regarding whether or not laborers employed relative to the construction , installation and maintenance of improvements on the Option Property, if any, must be paid the prevailing per diem wage rate for their labor classification, as determined by the State of California, pursuant to California Labor Code Sections 1720, et seq. Buyer agrees with Seller that Buyer shall assume the responsibility and be solely responsible for determining whether or not laborers employed relative to any construction of capital improvements on the Property must be paid the prevailing per diem wage rate for their labor classification, as determined by the Sta te of California, pursuant to California Labor Code Sections 1720, et seq.

B. Buyer, on behalf of itself, its successors, and assigns, waives and releases Seller from any right of action that may be available to any of them pursuant to California Labor Code Sections 1726 and 1781. Buyer acknowledges the protections of California Civil Code Section 1542 relative to the waiver and release contained in this Section which reads as follows:

A GENERAL RELEASE DOES NOT EXTEND TO

CLAIMS THAT THE CREDITOR OR RELEASIN G

PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN

HIS OR HER FAVOR AT THE TIME OF EXECUTING

THE RELEASE AND THAT, IF KNOWN BY HIM OR

HER, WOULD HAVE MATERIALLY AFFECTED HIS

OR HER SETTLEMENT WITH THE DEBTOR OR
RELEASED PARTY.

BY INITIALING BELOW, OWNER KNOWINGLY AND

VOLUNTARILY WAIVES THE PROVISIONS OF
CALIFORNIA CIVIL CODE SECTION 1542 SOLELY IN

CONNECTION WITH THE WAIVERS AND RELEASES
OF THIS SECTION:

___________________________
Buyer

C. Additionally, Buyer shall indemnify, defend with counsel acceptable to Seller and hold harmless Seller against any claims pursuant to California Labor Code Section 1781 arising from this Agreement or the construction or installation or maintenance 219
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of any improvements on or in the Option Property, in accordance with the terms of Section 3.2 of this Agreement.

If Civil Code sections 9550 et seq. require contractors to procure a payment bond, then the Buyer shall ensure that its contractors deliver the required bond. 21 AMENDMENTS
This Agreement expresses the agreement of the parties. There are no other understandings, oral or written, which in any manner alter or enlarge its terms. This Agreement supersedes any and all prior agreements between the parties hereto regarding the Opt ion Property. Seller and Buyer agree to execute such additional documents as may be reasonable and necessary to carry out the provisions of this Agreement. This Agreement may be amended, but only in writing and only if such writing is executed by both parties.
22 BUYER’S REMEDIES; NO MONEY DAMAGES
If Seller defaults on its obligation to deliver title to the Option Property to Buyer in the manner required hereby or otherwise breaches this Agreement, Buyer shall have the right to seek specific performance o f this Agreement or Buyer may terminate this Agreement, in which case Buyer shall be entitled to an immediate return of the Deposit and any interest earned thereon while in the Escrow and Buyer shall have no further right to seek damages. The failure of B uyer to receive approval of any applicable development permits, maps, or other entitlements for the Option Property shall not constitute a default or breach of Seller’s obligations contained in this Agreement.

Buyer acknowledges that Seller would not have entered into this Agreement if doing so would subject it to the risk of incurring liability in money damages, either for breach of this Agreement, anticipatory breach, repudiation of the Agreement, or for any actions with respect to its negotiation, preparation, implementation or application. The parties further acknowledge that money damages and remedies at law generally are inadequate, and specific performance is the most appropriate remedy for the enforcement of this Agreement and should be available to Buyer. Therefore, the parties hereby acknowledge and agree that it is a material part of Buyer’s consideration to Seller that Seller shall not be at any risk whatsoever of liability for money damages relating to or arising from this Agreement, and except for the express indemnity obligations hereunder and non - damages remedies, including the remedy of specific performance, Buyer, for itself, its successors and assignees, hereby release Agency, the City and their respective officers, members, employees and agents from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth and Fourteenth Amendments of the United States Constitution, or any other law or ordinance which seeks to impose any money damages, whatsoever, upon the parties because the parties entered into this Agreement, because of the terms of this Agreement, or because of the manner of implementation or performance of this Agreement.
23 ATTORNEYS’ FEES
If this Agreement or the transaction contemplated herein gives rise to a lawsuit or other legal proceeding between the partie s hereto, the prevailing party shall be entitled to recover its 220
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costs and reasonable attorneys’ fees and costs of litigation in addition to any other judgment of the court.

24 ASSIGNMENT
Without Seller’s written consent, Buyer’s rights and obligations hereunder may not be assigned to any other party; provided that Buyer notifies Seller in writing within twenty (20) business days of such assignment, and provided that said assignee assumes a ll of the obligations of Buyer under this Agreement and agrees to perform all the obligations of Buyer hereunder as if such assignee were the original Buyer hereunder. Any such approved assignee shall have all the benefits, including rights to specific pe rformance, damages, and enforcement of Seller’s representations and warranties that Buyer has under this Agreement. No such assignment, however, shall relieve Buyer of any of its obligations hereunder. 25 NOTICES
All notices or tender required or permitt ed herein shall be in writing and shall be sent to the address set forth below (or such other address as a party may hereafter designate for itself by written notice to the other parties as required hereby) of the party for whom such notice or communication is intended:

If to Seller: Attn: Matthew C. Ballantyne
City of Fontana
8353 Sierra Ave.

Fontana, CA 92336

With copy to: Best Best & Krieger LLP
2855 E. Guasti Road
Suite 400
Attn: Ruben Duran
Email: [email protected]

If to Buyer: Attn: Saber Awad
SA Golden Investments, Inc.
6226 Cooper Ave.

Fontana, CA 92336
Email: [email protected]

Any such notice or communication shall be sufficient if sent by registered or certified mail, return receipt requested, postage prepaid; by hand delivery; by overnight courier service; or by fax or electronic mail if receipt is confirmed by the recipient. Any such notice or communication shall be effective on the business day delivered to the office of the addressee or upon refusal of such 221
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delivery, or three business days after deposit by first class mail. Notice transmitted after 5:00 p.m. or on Saturday or Sunday shall be deemed to have been given on the next business day. Should any act or notice required hereunder fall due on a weekend or hol iday, the time for performance shall be extended to the next business day.
26 MISCELLANEOUS
A. Section headings contained herein are included solely for convenience of reference and shall in no way affect the construction of this Agreement.

B. Time is of the essence of this Agreement.

C. This Agreement shall be governed by the laws of the State of California.

D. Each party shall execute, acknowledge, and deliver, after the Effective Date of this Agreement, including at or after closing, such further assurances, inst ruments and documents as the other may reasonably request in order to fulfill the intent of this Agreement and the transactions contemplated hereby.

E. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect and shall in no way be impaired or invalidated, and the parties agree to substitute for the invalid or unenforceable provision a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision.

F. This Agreement may be executed in counterparts, and transmitted by facsimile by and to each of the parties, and each such counterpart shall be deemed an original, and all of them together shall constitute a single instrument.

G. If a party hereto believes the other party is in breach or default under this Agreement, the non-breaching party shall deliver written notice of the alleged breach or default to the other party, and the other party shall have ten (10) business days after receipt of such written notice in which to cure the breach or default, and if the breach or default is actually cured within such ten (10) business day period, the breaching party shall not be in bre ach or default under this Agreement by reason of the matter(s) alleged in the non -breaching party’s notice that have been so cured.

H. Except as expressly set forth herein, this Agreement is not intended nor shall it be construed to create any third party beneficiary rights in any person who is not expressly made a party and signatory hereto.

I. If Buyer executes this Agreement before Seller, such execution and delivery of the Agreement shall be deemed an offer to buy the above described Option Property for the price and upon the terms and conditions herein stated.

INTENTIONALLY LEFT BLANK;

SIGNATURES FOLLOW IMMEDIATELY ON NEXT PAGE

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SELLER:

City of Fontana
BUYER:

SA Golden Investments, Inc.

By: By:

Name: Matthew C. Ballantyne Name: Saber Awad
Title: City Manager Title: Chief Executive Officer
Date: Date:

APPROVED AS TO FORM: APPROVED AS TO FORM:

By: By:

Name: Name: Ruben Duran
Title: Special Legal Counsel Title: City Attorney
Date: Date:

ATTESTS:

By:

Name:

Title: City Clerk
Dated:

List of Exhibits
A Description of Option Property
A-1 Map of Option Property
B Title Report

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The undersigned representative of Escrow Holder hereby accepts the foregoing instructions and agrees to comply with them in connection with the purchase and sale of the Option Property.

Escrow Holder:

___________________:

Effective Date:

By:

Authorized Representative

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Exhibit A
Description of the Option Property
Approximately 21,500 square feet, known as the following in the City of Fontana, County of San Bernardino, California:

Assessors Parcel Numbers 0191-163-16, 0191-163-17, and 0191-163-26

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Exhibit A-1
Map of Option Property

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Exhibit B
Title Report

[To be inserted]

227
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2753 Agenda Date: 1/23/2024
Agenda #: P. Category: Consent Calendar
FROM:

Code Compliance
SUBJECT:

Contract with Serviam by Wright LLP to serve as City Prosecutor RECOMMENDATION:

Approve a contract with Serviam by Wright LLP (formerly known as Silver & Wright) and authorize the City Manager to execute contract.

COUNCIL GOALS:
· To improve public safety by increasing operational efficiency, visibility and availability.

DISCUSSION:

The Code Compliance Division would like to use Serviam by Wright LLP (Formerly known as Silver & Wright) as its city prosecutor. In the past few years, we have used Silver & Wright for receivership action; however, we would like to continue to use them as our city prosecutor as well.

The accompanying contract provides that the firm, Serviam by Wright LLP, will provide legal services to the City.

The proposed hourly rates of Serviam by Wright LLP are:

Associate attorneys and lawyer services $197/hr
All partner and of counsel attorney services $248/hr
All other matters-Legal services $238/hr
Paralegals, law clerk and other paraprofessional services $139/hr FISCAL IMPACT:

The fiscal impact associated with the approval of this item is based upon actual time and materials spent on legal services at the rates stated above and is included in the current 2023-24 budget in account 21050100-8110. Expenditures shall not exceed available budget.

MOTION:

Approve staff recommendation.

ATTACHMENTS:

Legal Services Agreement with Serviam by Wright LLP
City of Fontana Printed on 1/18/2024Page 1 of 1
powered by Legistar™
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CITY OF FONTANA

CITY PROSECUTOR

LEGAL SERVICES AGREEMENT
WITH

SERVIAM BY WRIGHT LLP

1. CAPTION

1.1. This Legal Services Agreement (“Agreement”) is effective as of February _____, 2024 (“Effective Date”), by and between the CITY OF FONTANA (“City”), a California municipal corporation, and SERVIAM BY WRIGHT LLP (“SERVIAM”), a California limited liability partnership engaged in the practice of law in the State of California.

2. RECITALS

2.1. The City wishes to engage SERVIAM to act as the City Prosecutor to assist with nuisance abatement, code enforcement, and receivership legal services, as assigned by City staff, in order to rehabilitate dangerous nuisance properties in the City, prevent the spread of blight, enforce the City’s municipal code, and protect the health and safety of the community. These legal services may include, but are not limited to, nuisance abatement enforcement, municipal code enforcement, health and safety laws enforcement, administrative proceedings, receiverships, civil actions, criminal prosecutions, liability defense, ordinance drafting, cost recovery, legal advice, and similar related services.

2.2. SERVIAM wishes to provide all such services and has the necessary experience, expertise, and competency to provide such services. SERVIAM has extensive experience successfully litigating numerous nuisance abatement cases, representing public agencies in administrative hearings, prosecuting civil and criminal enforcement cases, drafting and implementing nuisance abatement and code enforcement ordinances, and rehabilitating substantially dangerous nuisance properties throughout the State, in addition to recovering cities’ and counties’ costs incurred in those actions to the maximu m extent permitted by law, and recovering administrative and civil fines and penalties where appropriate as well.

3. TERMS

3.1. Scope of Services . In compliance with all terms and conditions of this Agreement, SERVIAM shall provide those services specified in the “Scope of Services ” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, SERVIAM represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, 229

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competent, and professional manner, and is experienced in performing the work and services contemplated herein. SERVIAM shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. SERVIAM covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended.

For purposes of this Agreement, the phrase “highest professional standards ” shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances.

3.2. Compensation. For criminal prosecution services, SERVIAM shall only bill the City for legal services at the rate of: $197 per hour for all associate attorney and lawyer services; $248 per hour for all partner and of counsel attorney services; and $139 per hour for all paralegal, law clerk, and other paraprofessional services. For all other matters, SERVIAM shall only bill the City for legal services at the rate of: $238 per hour for all attorney and lawyer services; and $139 per hour for all paralegal, law clerk, and other paraprofessional services. SERVIAM will keep track of all billing entries on a daily basis with accurate descriptions of the legal services provided. SERVIAM will only charge in increments of one tenth of an hour, rounded up to the nearest one tenth of an hour for each particular activity. SERVIAM does not use minimum billing increments for specific tasks, and will only bill for the actual time spent working on the City’s matters. SERVIAM’s rates may increase by up to three percent per year beginning July 1, 2024, to offset rising legal costs.

3.3. Cost Reimbursement. The City shall reimburse SERVIAM for all costs and expenses incurred by SERVIAM in providing legal services under this Agreement, including court fees, process server fees, courier and messenger fees, postage expenses, property title research costs, litigation guaranty expenses, legal research costs, discovery and depositions costs, printing and document reproduction costs, travel, automobile mileage at the prevailing IRS rate, litigation costs, and other costs necessary for legal representation. SERVIAM will only charge for costs and expenses that are actually incurred.

3.4. Billing. SERVIAM will submit monthly invoices to the City for the legal services provided under this Agreement. SERVIAM’s invoices will include a breakdown of all legal fees and costs with detailed itemized descriptions. The invoices shall be due and payable within 60 days of the invoice date.

3.5. Client Trust Account . As required by law, SERVIAM will maintain a State Bar of California (“CalBar”) approved Interest On Lawyers’ Trust Account (“IOLTA”) . A ll funds received by SERVIAM for the City will be deposited to the IOLTA prior to distribution as required by law or directed by the City. Pursuant to CalBar’s arrangement for IOLTAs, all interest earned on the IOLTA will be credited to CalBar for public benefit purposes.

3.6. Independent Contractor. SERVIAM shall perform all legal services required under this Agreement as an independent contractor of the City and SERVIAM shall remain a wholly independent contractor with only such obligations as are required under this Agreement. Under no circumstances shall SERVIAM, nor any of its agents, be considered an employee of the City and under no circumstances shall any employment benefits inure to SERVIAM nor its agents. 230

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3.7. Responsibilities of Parties. SERVIAM will fully cooperate with the City and will keep the City and its staff informed of the status and progress of all pending matters and all legal matters of importance. SERVIAM will manage and control the delivery of all legal services described hereunder in a professional, competent, and cost-effective manner. The City agrees to provide all information and documentation necessary for SERVIAM to perform its obligations under this Agreement.

3.8. Insurance. Throughout the duration of this Agreement, SERVIAM will maintain the following policies of insurance in full force and effect, paid for at its own expense, with insurance companies licensed in the State of California, and shall provide proof of insurance upon demand:

3.8.1. Professional Liability Insurance . SERVIAM shall carry professional liability errors and omissions insurance in the amount required by California Corporations Code section 16956(a)(2). SERVIAM represents and warrants that its current professional liability insurance exceeds the amount required by law with limits of $2,000,000 per occurrence and $4,000,000 in the aggregate.

3.8.2. General Liability and Automobile Insurance . SERVIAM shall carry general liability and automobile insurance with the minimum coverage of $1,000,000 per occurrence and $1,000,000 in the aggregate. SERVIAM represents and warrants that its current general liability and automobile insurance exceeds th e amount required by law with limits of $1,000,000 per occurrence and $2,000,000 in the aggregate.

3.8.3. Workers’ Compensation Insurance . SERVIAM has and wi ll continue to carry workers’ compensation insurance as required by the State of California.

SERVIAM has and will continue to carry employer’s liability insurance with a minimum coverage of $1,000,000.

3.9. Conflict Waiver. SERVIAM represents many clients throughout the State. SERVIAM may have represented in the past, may currently represent, or may represent in the future other clients who may have been, currently are, or may become adverse to the City. However, SERVIAM will not use any information it has about the City to the City’s disadvantage, nor will it represent any other clients in matters that are currently adverse to the City or are substantially related to matters SERVIAM is handling for the City. If any potential conflicts arise, SERVIAM will either withdraw from representation or will screen off the necessary attorneys and information as required by law.

Accordingly, the City waives any past, current, or future conflicts of interest relating to such representation of SERVIAM’s other clients, and agrees that SERVIAM may continue to represent, and in the future may represent, other c lients in any matter s that are not substantially related and adverse to matters SERVIAM is handling for the City.

3.10. Term of Agreement. The term of this Agreement shall commence on the Effective Date set forth in this Agreement and shall continue in full force and effect until terminated as provided herein.

3.11. Termination. This Agreement shall continue until terminated in writing by either party.

In the event of termination, the City shall pay SERVIAM all outstanding fees and costs in accordance 231

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with this Agreement for all services provided and costs incurred through the date of termination.

The City agrees to execute, upon request, a stipulation in such form as to permit SERVIAM to withdraw as attorneys of record in any legal action then pending. SERVIAM shall make available to the City, or to counsel designated by the City, all documents, records, and work-product related to the legal services provided to the City under this Agreement, and SERVIAM shall assist in the orderly transition of all pending matters to the City’s new counsel to the fullest extent possible .

SERVIAM shall be entitled to compensation and reimbursement for all time and expenses associated with the production of documents and transition of pending matters at the rates set forth in this Agreement.

3.12. Document Retention. SERVIAM shall retain the City’s documents for at least two years after the conclusion of the relevant matter, after which they will be destroyed. If the City wishes to retain copies of any documents beyond that time, the City must notify SERVIAM in writing within that two-year period. This provision shall survive the termination of this Agreement.

3.13. Confidentiality. The parties agree to keep this Agreement confidential to the greatest extent permissible under the law. This Agreement is exempt from disclosure under the California Public Records Act pursuant to Government Code section 7927.705, Evidence Code sections 952 and 954, Business and Professions Code sections 6068(e)(1) and 6149, and County of Los Angeles Board of Supervisors v. Superior Court (ACLU) (2017) 12 Cal.App.5th 1264. This provision shall survive the termination of this Agreement.

3.14. Indemnification. SERVIAM shall indemnify, defend, and hold the City, its officers, employees, and agents harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, or other cause in connection with the acts or omissions of SERVIAM, its employees, subcontractors, or agents, or on account of the performance or character of this work, except for any such claim arising out of the negligence or willful misconduct of the City, its officers, employees , or agents.

It is understood that the duty of SERVIAM to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Within fifteen (15) days of City’s notice that it has been made a party to an action arising out of SERVIAM’s acts or omissions under this agreement, SERVIAM shall provide a defense to the City in that action. In the event SERVIAM fails to provide such a defense to the City, SERVIAM shall be liable to the City for its attorney ’s fees and litigation costs incurred to defend itself beginning on the sixteenth (16th) day from the date of the City ’s notice and request for a defense. Acceptance of insurance certificates and endorsements required under this agreement does not relieve SERVIAM from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. City acknowledges that SERVIAM is being appointed as City Prosecutor pursuant to the authority of Government Code section 36505, and has the authority of that office. Accordingly, the City is responsible pursuant to Government Code section 825 for providing a defense for the City Prosecutor for actions within the scope of its engagement hereunder. Therefore, the City agrees to undertake its statutory duty under Section 825 to indemnify SERVIAM, its officers, employees , and agents against , and will hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs penalties, obligations, errors, omissions, or liabilities (herein “claims or liabilities”) that may 232

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be asserted, or claims by any person, firm, or entity arising out of or in connection with the work, operations, or activities of SERVIAM within the course and scope of its employment hereunder, but nothing herein shall require the City to indemnify SERVIAM for liability arising from SERVIAM’s own negligence, tortious acts, willful misconduct, or legal malpractice. Nothing in this Agreement shall be construed to provide SERVIAM with greater indemnification than required by Government Code section 825 or to prohibit the City from providing a defense with a reservation of rights as permitted by Section 825. This provision shall survive the termination of this Agreement.

3.15. Transfers. Neither this Agreement, nor any interest, right, benefit, duty, or obligation herein, may be transferred, assigned, delegated, conveyed, hypothecated, or encumbered without the prior written approval of the other parties. However, this Agreement, and each of the interests, rights, benefits, duties, and obligations contained herein, shall inure to the parties’ successors.

3.16. Governing Law. This Agreement shall be governed and interpreted in accordance with the laws of the State of California.

3.17. Legal Notices. Notices relating to this Agreement must be in writing and sent to the physical addresses set forth below. A party may change its address for notices by giving notice as required by this provision. Written notice will be considered effective: (a) the day it is personally delivered or actually received; (b) five business days after deposit with the United States Post Office as certified first -class mail with return receipt requested and postage prepaid; or (c) two business days after deposit with a reputable overnight delivery service for next day delivery. This provision shall survive the termination of this Agreement.

3.17.1. City:

CITY OF FONTANA
Attention: Matthew C. Ballantyne, City Manager
8353 Sierra Avenue
Fontana, California 92335

3.17.2. SERVIAM:

SERVIAM BY WRIGHT LLP
Curtis R. Wright, Managing Partner
3 Corporate Park, Suite 100
Irvine, California 92606

3.18. Enforcement Costs . The prevailing party in any dispute to enforce or interpret this Agreement shall be entitled to recover its reasonable costs and attorneys’ fees arising from the dispute from the non-prevailing party. SERVIAM shall be entitled to any such costs and attorneys’ fees even if the work is performed by SERVIAM’s in-house attorneys. This provision shall survive the termination of this Agreement.

3.19. Modification. This Agreement can only be changed, modified, amended, supplemented, or rescinded in a separate writing signed by all parties.

3.20. Waivers. A waiver of any provision of this Agreement must be in writing. Failure to insist upon strict performance of any provision, right, duty, or obligation in this Agreement is not 233

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a waiver of the right to future enforcement of that provision, right, duty, or obligation, nor any other provision, right, duty, or obligation.

3.21. Severability. If any of the provisions of this Agreement are found to be unenforceable, those provisions shall be reformed to prevent the unenforceable result in a manner that best preserves the original intent of the provision to the fullest extent possible, and all other provisions of this Agreement shall remain in full force and effect.

3.22. Integration. This Agreement constitutes the final, complete, and exclusive expression of all the terms and provisions of the agreement between the parties. This Agreement supersedes any previous agreements or negotiations between the parties, whether oral or written.

3.23. Authority. The City’s signatory has been authorized by the City Council to execute this Agreement on behalf of the City. SERVIAM’s signatory has been authorized by the partnership to execute this Agreement on behalf of SERVIAM.

3.24. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

CITY OF FONTANA
By: ______________________________ Dated: _________________________ Mr. Matthew C. Ballantyne
City Manager

SERVIAM BY WRIGHT LLP
By: ______________________________ Dated: _________________________ Curtis R. Wright, Esq.

Managing Partner
Attachment: Exhibit A—Scope of Services

234

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– EXHIBIT A –

EXHIBIT A

SCOPE OF SERVICES
SERVIAM will perform the following Services:

SERVIAM shall act as City Prosecutor on those matters assigned to it by the City and shall provide legal representation, advice, and services relating to enforcement of the City’s municipal code, State laws, nuisance laws, and other applicable laws, including but not limited to, providing code enforcement training to City staff, nuisance abatement and code enforcement related advice, recommendations on possible municipal code revisions pertaining to nuisance abatement and code enforcement, interpretations of local, State, and Federal law as it pertains to nuisance abatement and code enforcement, representing the City in judicial and administrative and other actions regarding nuisance abatement and code enforcement, and other code enforcement related work as may be assigned to SERVIAM by the City.

235
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2754 Agenda Date: 1/23/2024
Agenda #: Q. Category: Consent Calendar
FROM:

Development Services
SUBJECT:

Acceptance of Fontana’s Downtown Revitalization Grant
RECOMMENDATION:

1. Accept grant funding from the State of California in the amount of $3,000,000 for Fontana’s Downtown Revitalization.

2. Authorize the City Manager to approve budget adjustments to increase revenue and appropriations of $3,000,000 as detailed in the fiscal impact.

COUNCIL GOALS:
· Practice sound fiscal management by living within our means while investing in the future. · Concentrate on Inter-governmental relations by pursuing financial participation from county, state and federal governments.
· Concentrate on Inter-governmental relations by advocating Fontana's position in regional, state, and federal organizations.
· Enhance the local environment for future generations and create a healthy economic and environmental future by adopting policies that promote compact and efficient development in new and existing communities.
· 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 creating and promoting community through people, parks, and programs.

DISCUSSION:

The City of Fontana’s commitment to the Downtown Revitalization is a major mixed-use endeavor designed to increase housing, jobs, and entertainment options in the City’s fast-growing central business district.

This generous $3 million grant from Assembly Majority Leader Emeritus Eloise Gomez Reyes, signifies a significant step forward in the city's commitment to honoring its past while building a brighter future.

The $3 million will be used for the construction and planning of early projects in the downtown revitalization plan, including:

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File #: 21-2754 Agenda Date: 1/23/2024
Agenda #: Q. Category: Consent Calendar
· 9/11 Memorial
· Downtown Furnishings
· Utility Equipment Wraps
· Artwork
· Public Arts Building Design and Construction Documents · Honor Roll Memorial Construction Documents
· Downtown Renderings
FISCAL IMPACT:

Approval of this item will increase revenue in the amount of $3,000,000 in Grant fund, 301 and appropriate the following expenditures:
$1,750,000 Project 37600009 911 Memorial
$100,000 Project 30137221 Downtown furnishings
$50,000 Project 37600075 Utility Equipment Wraps
$300,000 Project 37600075 Artwork and Mural Restoration $600,000 Project 37600060 Public Arts Building Design and Construction $100,000 Project 37600074 Honor Roll Memorial Construction Documents $100,000 Project 37600073 Downtown renderings
$3,000,000 TOTAL
This item was not included in the fiscal year 2023-24 and 2024-25 annual budget. The required budget adjustments necessary for this item will be included in the next quarterly budget report.

MOTION:

Approve staff recommendation
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-2738 Agenda Date: 1/23/2024
Agenda #: A. Category: Public Hearing
FROM:

Finance
SUBJECT:

Quarterly Lien Action for Delinquent Sewer, Rubbish and Weed Abatement Accounts RECOMMENDATION:

1. Authorize staff to complete and record lien notices against real property for those sewer accounts sixty days or more delinquent as described in Certified Lien List and direct staff to forward recorded liens to the County for collection.

2. Authorize staff to complete and record liens against real property for those rubbish accounts more than ninety days delinquent as described in the Certified Lien List and direct staff to forward recorded liens to the County for collection.

3. Adopt Resolution No. 2024-003, of the City Council of the City of Fontana adopting the statement of unpaid expenses for weed abatement and imposing a lien against real property for payment thereof.
..End
COUNCIL GOALS:
· To operate in a businesslike manner by becoming more service oriented. · To practice sound fiscal management by developing long-term funding and debt management plans.
· To improve public safety by increasing operational efficiency, visibility, and availability.

DISCUSSION:

Public Hearings on proposed liens are scheduled quarterly to allow for timely collections and recording of indebtedness. The lien process protects revenues due to the City which would have otherwise been subject to loss through skipped accounts or property transfers.

The proposed lists (one each for sewer, rubbish and weed abatement) are on file with the City Clerk.

Each account has had notification by mail regarding the public hearing and intent to record the lien amount, as well as regular billing notification and legal advertisement as required by City Code.

Further, with respect to Weed Abatement, all property owners had the opportunity to protest weed abatement citations through an administrative hearing process.

The lists recommended for adoption contain the following:

Type of Account Number of Properties Current Lien Amount Receivables Protected to Date
Sewer 153 $39,327.15 $4,097,228.37
Rubbish* 987 $149,481.33 $9,249,499.27
Weed Abatement 136 $74,953.19 $4,070,305.54 City of Fontana Printed on 1/18/2024Page 1 of 2
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File #: 21-2738 Agenda Date: 1/23/2024
Agenda #: A. Category: Public Hearing
Type of Account Number of Properties Current Lien Amount Receivables Protected to Date
Sewer 153 $39,327.15 $4,097,228.37
Rubbish* 987 $149,481.33 $9,249,499.27
Weed Abatement 136 $74,953.19 $4,070,305.54 *Collections are payable to Fontana Rubbish
An administrative fee will be included to offset the City's costs to record the lien, as well as the County fee associated with release of the lien to ensure that property titles are cleared once payment has been made. All properties with unpaid liens as of July 1st will be automatically placed on the property tax rolls for collection.

FISCAL IMPACT:

The approval of this item will result in liens in the approximate total amount of $263,761.67 to be recorded and placed on the County property tax roll for collection. This action will prevent increases in customer charges due to uncollectible accounts. The Sewer lien list receivable amount was included as revenue to the Sewer Operations Maintenance Fund in current and prior budget periods.

The recording of Rubbish liens will strengthen Fontana Rubbish's ability to collect, thereby increasing the amount generated by the 12% franchise fee they remit to the City.

MOTION:

Approve staff recommendation.

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CITY OF FONTANA, CALIFORNIA

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF FONTANA WILL

HOLD A PUBLIC HEARING CONCERNING THE RECORDING OF REAL PROPERTY LIENS

AGAINST PROPERTIES SERVED BY THE CITY OF FONTANA RUBBISH COLLECTION

CONTRACTOR (BURRTEC WASTE) FOR THOSE ACCOUNTS MORE THAN NINETY DAYS

DELINQUENT, AND FURTHER, THE FORWARDING OF SAID LIENS TO THE COUNTY ASSESSOR’S OFFICE FOR ADDITION TO THE EXTENDED PROPERTY TAX ROLLS FOR COLLECTION. COPIES OF THE CERTIFIED LIEN LIST ARE AVAILABLE AT THE UTILITY BILLING DIVISION PUBLIC SERVICE COUNTER, 8353 SIERRA AVENUE, FONTANA, CALIFORNIA.

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.

DATE OF HEARING: JANUARY 23, 2024

TIME OF HEARING: 2:00 P.M.

PLACE OF HEARING: CITY HALL COUNCIL CHAMBERS
8353 SIERRA AVENUE
FONTANA, CA 92335

ANY INTERESTED PARTY MAY APPEAR AT THE HEARING AND PRESENT ANY INFORMATION WHICH MAY BE OF ASSISTANCE TO THE CITY COUNCIL. IF YOU HAVE

ANY QUESTIONS CONCERNING THIS MATTER, PLEASE CONTACT THE UTILITY BILLING CUSTOMER SERVICE STAFF AT (909) 350-7670.

PUBLISH: JANUARY 5, 2023
JANUARY 12, 2023

PROOF OF PUBLICATION REQUESTED
240

CITY OF FONTANA, CALIFORNIA

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF FONTANA WILL

HOLD A PUBLIC HEARING CONCERNING THE RECORDING OF REAL PROPERTY LIENS

AGAINST PROPERTIES SERVED BY THE CITY OF FONTANA SANITARY SEWER SYSTEM FOR

THOSE ACCOUNTS SIXTY DAYS OR MORE DELINQUENT, AND FURTHER, THE FORWARDING OF SAID LIENS TO THE COUNTY ASSESSOR’S OFFICE FOR ADDITION TO THE EXTENDED PROPERTY TAX ROLLS FOR COLLECTION. COPIES OF THE CERTIFIED LIEN LIST ARE AVAILABLE AT THE UTILITY BILLING DIVISION PUBLIC SERVICE COUNTER, 8353 SIERRA AVENUE, FONTANA, CALIFORNIA.

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.

DATE OF HEARING: JANUARY 23, 2024

TIME OF HEARING: 2:00 P.M.

PLACE OF HEARING: CITY HALL COUNCIL CHAMBERS
8353 SIERRA AVENUE
FONTANA, CA 92335

ANY INTERESTED PARTY MAY APPEAR AT THE HEARING AND PRESENT ANY INFORMATION WHICH MAY BE OF ASSISTANCE TO THE CITY COUNCIL. IF YOU HAVE

ANY QUESTIONS CONCERNING THIS MATTER, PLEASE CONTACT THE UTILITY BILLING CUSTOMER SERVICE STAFF AT (909) 350-7670.

PUBLISH: JANUARY 5, 2023
JANUARY 12, 2023

PROOF OF PUBLICATION REQUESTED
241

CITY OF FONTANA, CALIFORNIA

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF FONTANA WILL

HOLD A PUBLIC HEARING CONCERNING THE RECORDING OF REAL PROPERTY LIENS AGAINST PROPERTIES PROVIDED WEED ABATEMENT SERVICES THROUGH THE CITY’S

WEED ABATEMENT PROGRAM FOR THOSE ACCOUNTS THIRTY DAYS OR MORE

DELINQUENT AND FURTHER, THE FORWARDING OF SAID LIENS TO THE COUNTY ASSESSOR’S OFFICE FOR ADDITION TO THE EXTENDED PROPERTY TAX ROLLS FOR COLLECTION. COPIES OF THE CERTIFIED LIEN LIST ARE AVAILABLE AT THE CUSTOMER SERVICE DIVISION PUBLIC SERVICE COUNTER, 8353 SIERRA AVENUE, FONTANA, CALIFORNIA.

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.

DATE OF HEARING: JANUARY 23, 2024

TIME OF HEARING: 2:00 P.M.

PLACE OF HEARING: CITY HALL COUNCIL CHAMBERS
8353 SIERRA AVENUE
FONTANA, CA 92335

ANY INTERESTED PARTY MAY APPEAR AT THE HEARING AND PRESENT ANY INFORMATION WHICH MAY BE OF ASSISTANCE TO THE CITY COUNCIL. IF YOU HAVE

ANY QUESTIONS CONCERNING THIS MATTER, PLEASE CONTACT THE BUSINESS SERVICES CUSTOMER SERVICE STAFF AT (909) 350-7683.

PUBLISH: JANUARY 5, 2023
JANUARY 12, 2023

PROOF OF PUBLICATION REQUESTED
242
RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA

ADOPTING STATEMENT OF UNPAID EXPENSES FOR WEED

ABATEMENT AND IMPOSING A LIEN AGAINST PROPERTY FOR

PAYMENT THEREOF

WHEREAS, the City of Fontana (“City”) has conducted its weed abatement program pursuant to the Fontana City Code, Section 27-1 et. seq.;

WHEREAS, at its meeting on September 26, 2023 , the City Council discussed and considered all expenses and other costs of abatement which have remained unpaid to date, as specified in the Statement of Unpaid Expenses for Weed Abatement, on file with the City Clerk for public review and incorporated herein by reference (“Statement”);

WHEREAS, the City Council has read or heard and considered all evidence and testimony presented to it with respect thereto;

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

Section 1. Based on all evidence and testimony presented to the Council, the Statement is confirmed and adopted.

Section 2. All expenses and other costs noted on the Statement which remain unpaid to the City as of January 23, 2024, shall constitute a lien upon the real property against which the nuisance was abated, and shall be collected in any lawful means available to the City.

Section 3. The City Clerk is directed to file for recording a "Notice of Lien for Weed Abatement" with the Office of the Recorder for San Bernardino County after September 26, 2023, against those real properties listed on the Statement for any expenses and other costs noted on the Statement which remain unpaid to the City.

Section 4. The Auditor/Controller shall include the amount of the expenses on the bills for taxes levied against the real property against which the expenses have been imposed, and the same shall be collected in the same manner and together with the general taxes for the County of San Bernardino, and shall be subject to the same penalties, interest and collection.

APPROVED AND ADOPTED this 23rd day of January 2024.

READ AND APPROVED AS TO LEGAL FORM: