Fontana City Council
May 28, 2024

Tuesday, May 28, 2024
2:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Regular Agenda
Ord. No. 1954 Reso. No. 2024-031
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 May 28, 2024
Welcome to a meeting of the Fontana City Council.

Welcome to a meeting of the Fontana City Council. Meetings are held at 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 Council Chambers 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 accommodation 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 at the City Clerk’s Office.

Para traducción en Español, comuniquese con la oficina,“City Clerk” al (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 PURSUANT TO GOVERNMENT CODE
SECTION 54956.9 (a)
Case: Daniel Delgado- Oramas vs. City of Fontana Workers’ Compensation (Compromise and Release)
Claim Number: 180800090 & 0080000

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING

LITIGATION PURSUANT TO GOVERNMENT CODE
21-3040

2 City Council Meeting Regular Agenda May 28, 2024
SECTION 54956.9 (a)
Case: Thomas Borden vs. City of Fontana Workers’
Compensation (Compromise and Release)
Claim Number: 220800135

3. CONFERENCE WITH LEGAL COUNSEL – EXISTING

LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9 (a)
Case: Angela Frydendall vs. City of Fontana Workers’
Compensation (Compromise and Release)
Claim Number: 0909002165

4. CONFERENCE WITH LEGAL COUNSEL - EXISTING

LITIGATION
(Gov. Code Section 54956.9(d)(1))
Name of Case: Catalyst - Fontana LLC v. City of Fontana, et al Case No. CIVSB2329401
CALL TO ORDER/ROLL CALL:

A. Call To Order/Roll Call:

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Invocation/Pledge of Allegiance:

SPECIAL PRESENTATIONS:

A. Special Presentations
A. 1. Mayor Warren and City Council to recognize Corporal Sam Ferguson and Officers David Goodland, Taylor Hymas
and Danny Millan, as March 2024 Employees of the Month
(Captain Burton to present).
21-3021
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 May 28, 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 21-3034
Approve the minutes of the May 14, 2024, Regular City Council Meeting.

Attachments: City Council Meeting Minutes 05-14-2024.pdf B. Adoption of Ordinance No.1950 (Second Reading), a
Development Agreement with Prologis Exchange 11115
Hemlock Avenue LLC
21-3035
Adoption of Ordinance No. 1950 on Second Reading, An Ordinance of the City Council of the City of Fontana, California, approving, pursuant to the certified Final Subsequent Environmental Impact Report, a Development Agreement with Prologis Exchange 11115 Hemlock Avenue LLC, providing for an extended entitlement timing and enhanced environmental measures for an approved industrial commerce center development of approximately 881,826 square feet on approximately 40.01 acres, and directing staff to File a Notice of Determination.

Attachments: Ord. 1950.docx
C. Adoption of Ordinance No. 1951 (Second Reading), an
update to the Fontana Zoning and Development Code
21-3037
Adoption of Ordinance No. 1951 on Second Reading, approving Master Case No. 24-019 and Municipal Code Amendment No. 24-001 to amend multiple sections of Chapter 30 of the Fontana Zoning and Development Code, including amendments to sections 30-41, 30-43, 30-80, 30-215, 30-217, 30-302.2, and 30-643 to remove references to the Development Advisory Board; Sections 30-285 and 30-294 to correct noticing verbiage related to Tentative Maps; Sections 30-362 through 30-370 and 30-378 through 30-380 to remove Form Based Code maximum lot dimensions and add language to allow common and public open space for projects over two acres in the Form Base Code; Section 30-404 to provide common open space amenity options; Section 30-467 to remove ADU owner occupancy requirements consistent with state law; and Section 30-530 to remove certain “all other” use categories permitted in industrial zoning districts; and the reading of the title constitutes the first thereof.

Attachments: Ord 1951.docx
D. Adoption of Ordinance No. 1952 (Second Reading), levying special taxes within the City of Fontana Community
21-3038

4 City Council Meeting Regular Agenda May 28, 2024
Facilities District No. 113 (The Gardens Phase Two).

Adopt Ordinance No. 1952 on second readying, levying special taxes within the City of Fontana Community Facilities District No. 113 (The Gardens Phase Two).

Attachments: Ord 1952.docx
E. Adoption of Ordinance No. 1953 (Second Reading),
authorizing the Levy of a Special Tax within Community
Facilities District No. 114M (DR Horton Los Angeles
Holding Company, Inc)
21-3039
Second Reading/Adopt Ordinance No. 1953 Authorizing the Levy of a Special Tax within Community Facilities District No. 114M.

Attachments: Ord 1953.docx
F. Award Bid for the Cypress Avenue Storm Drain (Phase I) Project (Bid No. DE-24-71-SB)
21-3005

1. Award bid and authorize the City Manager to execute a construction contract with Downing Construction, Inc. for the construction of the Cypress Avenue Storm Drain (Phase I) Project (Bid No. DE-24-71-SB), in the amount of $15,288,124.00 and authorize a 10% contingency in the amount of $1,528,812.40 (Bid No. DE-24-71-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 Cypress Avenue Storm Drain (Phase I) Project (Bid No. DE-24-71-SB).

3. Appropriate $3,620,000.00 from Storm Drain Fund 622 to Project 37603361, Cypress Avenue Storm Drain Project.

4. Transfer $1,500,000.00 from Project 37600036, Septic to Sewer Conversion, to Project 37603361, Cypress Avenue Storm Drain Project.

Vicinity Map
Bid Results
Bid Detail
Attachments:

G. Approve a Bond Reduction for Tract No. 20010 (Offsite and In-tract Improvements), Tract No. 20069 (In-tract
Improvements), and Tract No. 20070 (In-tract
Improvements) for the Narra Hills Project
21-3012
Approve a bond reduction of the Faithful Performance and Labor and Materials Bonds posted by LS Fontana, LLC for Tract No. 20010, Tract No. 20069, and Tract No. 20070 located along Coyote Canyon Road (formerly

5 City Council Meeting Regular Agenda May 28, 2024
Lytle Creek Road) and north of Duncan Canyon Road.

Vicinity Map.pdf
TM 20010.pdf
TM 20069.pdf
TM 20070.pdf
Subdivision Improvement Agreement - TM 20010.pdf
Subdivision Improvement Agreement - SWR - Hawker
Crawford Channel.pdf
Subdivision Improvement Agreement - SWR - Lots
155-233.pdf
Subdivision Improvement Agreement - SWR - Lots
234-236.pdf
Attachments:

H. 2023 Permanent Local Housing Allocation (PLHA) Award and Plan
21-3013

1. Accept the State of California 2023 Permanent Local Housing Allocation (PLHA) Funds in the amount of $841,109;

2. Adopt Resolution No. 2024-031, authorizing the City Manager to submit an application for the projects utilizing Permanent Local Housing Allocation (PLHA) Funds from the California Department of Housing and Community Development (HCD).

3. Authorize the City Manager, or City Manager’s designee, to execute and transmit any documents necessary or desirable, including but not limited to purchase agreements that may include acquisitions costs up to the full amount of the allocated funds, to ensure the City's timely receipt and execution of Permanent Local Housing Allocation (PLHA) programs;

4. Authorize the City Manager, or City Manager’s designee, to execute and transmit any documents necessary or desirable, including but not limited to purchase agreements that may include acquisitions costs up to the full amount of the allocated funds, to facilitate the timely administration of the Permanent Local Housing Allocation (PLHA) Acquisition, Rehabilitation, and Rental Program including but not limited to property purchase agreements;

5. Authorize the City Manager, or City Manager’s designee, to award and execute any construction contracts up to $200,000 to facilitate the timely administration of the Permanent Local Housing Allocation (PLHA) Acquisition, Rehabilitation, and Rental Program.

Attachments: PLHA Year 4 Resolution.docx
I. Acceptance of Final Map for Tract No. 20521 21-3014

6 City Council Meeting Regular Agenda May 28, 2024
Approve the Final Map for Tract No. 20521 located along Citrus Avenue between South Highland Avenue and Los Cedros Avenue; authorize the Mayor and City Clerk to certify the abandonment of a certain portion of right of way of Farwell Street; and authorize the City Manager to enter into a Subdivision Agreement with the subdivider.

TM 20521.pdf
Subdivision_Improvement_Agreement_20521.pdf
vicinity_map_20521.pdf
vicinity_map_abandonment_20521.pdf
Attachments:

J. Award Bid of CCTV Cameras for Jack Bulik and Veteran’s Parks
21-3018
Award bid (DE-24-131-SB) for the purchase and installation of CCTV cameras at Jack Bulik and Veteran’s Park per bid in the amount of $134,540.74.

Attachments: Summary Bid Results.pdf
K. Hotel Management Agreement for Homelessness
Prevention Resource and Care Center (HPRCC)
21-3023

1. Approve the proposal and authorize the City Manager to enter into an agreement with KC Management, LLC in the amount of $120,000 for four months plus optional, additional 60-day extensions of $60,000 each for professional property management of the Homelessness Prevention Resource and Care Center (HPRCC) located at 17133 Valley Boulevard, Fontana CA 92335.

2. Approve the Non-Competitive Proposal Single Source/Sole Source method of the City’s Purchasing Policies and Procedure Manual Section

3.1.5. KC Hotel Mgmt 30k mo.pdf
Single or Sole Source Justification Form KC
Management.doc
Attachments:

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:

7 City Council Meeting Regular Agenda May 28, 2024
(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. Appeal No. 24-007: Request to overturn the Planning
Commission’s April 2, 2024 decision adopting a Mitigated Negative Declaration and Mitigation, Monitoring, and
Reporting Program and approving Tentative Parcel Map No. 22-034 (TPM No. 20669) and Design Review No. 22-065 , for a proposed mixed-use development comprised of 437
residential units with 4,000 square feet of commercial retail area on approximately 11.21 acres located east of Cypress Avenue, south of Valley Boulevard, north of Interstate (I) 10, and west of Juniper Avenue (APNs: 0251-171-19,
0251-321-17, -18, -19, -20, -21, -22, -23, -24, -25, -26, -27 and -35).
21-3015
Deny Appeal No. 24-007, thereby upholding the Planning Commission’s decision on April 2, 2024, approving, pursuant to the adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MMRP), a Tentative Parcel Map No. 22-034 (TPM No. 20669) and Design Review No. 22-065 to consolidate thirteen (13) parcels (APNs: 0251-171-19, 0251-321-17, -18, -19, -20, -21, -22, -23, -24, -25, -26, -27 and -35) totaling approximately 11.6 gross acres into two (2) parcels (Parcel No. 1 is approximately 5.55 acres and Parcel No. 2 approximately 5.66 acres) for the construction of a mixed-use development consisting of 437 residential units and 4,000 square feet of retail space on approximately 11.21 acres located east of Cypress Avenue, south of Valley Boulevard, north of Interstate (I) 10, and west of Juniper Avenue.

Attachment No. 1 - Vicinity Map.docx
Attachment No. 2 - Appeal Letter with Responses.pdf
Attachment No. 3 - Planning Commission Comments and
Responses (11-20-23).pdf
Attachment No. 4 - Planning Commission Comments and
Responses (4-2-24).pdf
Attachment No. 5 - Planning Commission Public Hearing
Packet .pdf
Attachment No. 6 - Planning Commission Minutes.pdf
Attachment No. 7 - Clerk of the Board Fee Receipt and
NOD.pdf
Attachment No. 8 - Public Hearing Notice.pdf
Attachments:

8 City Council Meeting Regular Agenda May 28, 2024
B. California Enterprise Development Authority / REAL
Journey Academies, Inc.
21-3043

1. Conduct the public hearing with respect to the approval of the issuance of the Obligations by the California Enterprise Development Authority;

2. Adopt Resolution No. 2024-032, in accordance with Internal Revenue Code Section 147(f) authorizing the issuance of a tax-exempt obligation by the California Enterprise Development Authority in an amount not to exceed $55,500,000 for the benefit of REAL Journey Academies Foundation, Inc., a California nonprofit public benefit corporation and an entity described in Section 501(c)(3) of the Internal Revenue Code of 1986, or a related or successor entity.

Attachments: Resolution
CITY MANAGER COMMUNICATIONS:

A. City Manager Communications
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports
ADJOURNMENT:

A. Adjournment
Adjourn to the next Regular City Council Meeting on June 11, 2024 at 2:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.

9 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3040 Agenda Date: 5/28/2024
Agenda #: A. Category: Closed Session
Closed Session
Tuesday, May 28, 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 Page 1 of 1 Printed on 5/16/2024
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3021 Agenda Date: 5/28/2024
Agenda #: A. Category: Special Presentation
Special Presentations
Tuesday, May 28, 2024
Council Chambers
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesse “Jesus” Sandoval, Council Member
Phillip W. Cothran, Council Member
City of Fontana Page 1 of 1 Printed on 5/16/2024
powered by Legistar™ 11
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3034 Agenda Date: 5/28/2024
Agenda #: A. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Approval of Minutes
RECOMMENDATION:

Approve the minutes of the May 14, 2024, 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 May 14, 2024, 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 Page 1 of 1 Printed on 5/23/2024
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City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Minutes
Tuesday, May 14, 2024
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
13

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, May 14, 2024.

Mayor Warren called the meeting to order at 1:03 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 LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6
Class & Compensation Study Discussion
City Negotiator: Matt Ballantyne, City Manager and Rakesha Voss, Director of Human Resources and Risk Management.

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Gov. Code Section 54956.9(d)(1))
Name of Case: Catalyst - Fontana LLC v. City of Fontana, et al Case No. CIVSB2329401

3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Gov. Code Section 54956.9(d)(1))
Name of Case: Planned Parenthood/Orange and San Bernardino Counties, Inc. vs. City of Fontana
CALL TO ORDER/ROLL CALL:

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

The Regular Meeting of the Fontana City Council was held in the Grover W. Taylor Council Chambers, 8353 Sierra Avenue, Fontana, CA 92335, on Tuesday, May 14, 2024.

Mayor Warren called the Regular City Council Meeting to order at 2:08 p.m.

ROLL CALL:

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

City Treasurer Janet Koehler-Brooks and City Clerk Germaine Key were also present.

ABSENT: Mayor Pro Tem Garcia
14

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.

PROCLAMATION:

A. Proclamation:

1. Mayor Warren and City Council proclaimed May 5 – 11, 2024, as Professional Municipal Clerks Week, presenting a proclamation to City Clerk Germaine Key and City Clerk Department staff.

2. Mayor Warren and City Council proclaimed May 2024, National Building and Safety Month, presenting a proclamation to Building and Safety Director Jeffrey Baughman.

3. Mayor Warren and City Council proclaimed Wednesday, May 15, 2024, as Police Officers Memorial Day in Fontana and the week of May 11-17, 2024, as National Police Week in Fontana. Police Chief Michael Dorsey accepted the proclamation.

SPECIAL PRESENTATIONS:

A. Special Presentations

1. Mayor Warren and City Council swore in new Fontana Police Officers Alex Chuy, Imaad Sally and Bishop Thompson.

2. Mayor Warren and City Council swore in new San Bernardino County Firefighters.

3. Mayor Warren and City Council recognized Accounts Payable Clerk, Patricia Valdez on her retirement.
15

PUBLIC COMMUNICATIONS:

A. Public Communications
Ivana Wright spoke in support of Planned Parenthood.

Emilia Martinez spoke in support of Planned Parenthood.

Dante Barrientos Diaz spoke in support of Planned Parenthood.

Dorene Isenberg spoke in support of Planned Parenthood.

Ariana Chavez spoke in support of Planned Parenthood.

Julia Bohl spoke in support of Planned Parenthood.

Mark Richici spoke in opposition of Planned Parenthood.

Stacey Ramos spoke in support of Planned Parenthood.

Tariq Azim spoke in support of Planned Parenthood.

James Pester discussed go back and listen
Jocelyn Sida spoke in support of Planned Parenthood.

The Jesus Crist Organization spoke in opposition of Planned Parenthood.

Maria P spoke in opposition of Planned Parenthood.

Rebecca P spoke in opposition of Planned Parenthood.

Osbelia Lozano spoke in opposition of Planned Parenthood.

Agustin R spoke in opposition of Planned Parenthood.

Bobbi Jo Chavarria spoke in support of Planned Parenthood.

Maricela Gabrera spoke in support of Planned Parenthood.

Jennifer Cardenas spoke in support of Planned Parenthood.

Elizabeth Cena spoke in support of Planned Parenthood.

Ana Gonzalez spoke in support of Planned Parenthood.
16

CONSENT CALENDAR:

Deputy City Manager Ray Ebert stated that Consent Calendar Item “I” had a typographical error in the staff report and any references to the northeast corner should be the northwest corner.

Council Member Cothran abstained from Consent Calendar Item “M,” subsection 12 as he received financial compensation from that agency.

ACTION: Motion was made by Council Member Roberts, seconded by Mayor Warren, and passed by a vote of 4-0 to approve Consent Calendar Items “A-M.” The motion carried by the following vote: AYES: Warren, Cothran, Roberts, and Sandoval; NOES:

None; ABSTAIN: None; ABSENT: Garcia
A. Approval of Minutes 21-2994
Approve the minutes of the April 23, 2024, Regular City Council Meeting.

B. Adoption of Ordinance No.1949 (Second Reading), Approve a 21-2993 Development Agreement with HS Fontana Retail, LLC.

Adoption of Ordinance No. 1949 on Second Reading, Pursuant to an Exemption from the California Environmental Quality Act, Approving a Development Agreement with HS Fontana Retail, LLC, concerning a retail cannabis business and Direct Staff to File a Notice of Exemption.

C. Purchase and Sale Agreement - Downtown Fontana Property 21-2955

1. Approve a Purchase and Sale Agreement for the purchase of property located at 16710 and 16726 Spring Street, more specifically described as APNs #0191-161-13 and 0191-161-18.

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

D. Award a Construction Contract for Public Works Concrete 21-2960 Maintenance Project (PW-24-133-SB)
Approve and authorize the City Manager to execute a construction contract with We R Builders, Inc. from Glendale CA for the construction of the Public Works Concrete Maintenance Project in the amount of $289,836.00 and authorize a 10% contingency in the amount of $28,983.60 E. Adopt a Resolution for Projects Funded by the Road Repair and 21-2968 Accountability Act SB 1
Adopt Resolution No. 2024-019 of the City Council of the City of Fontana to incorporate projects funded by SB 1, the Road Repair and Accountability Act 17

for Fiscal Year 2024/2025.

F. Approve a Professional Services Agreement for Architectural 21-2986 Design Services for the Forge Studios and Innovation Lab Project (DE-24-160-SP)

1. Approve and authorize the City Manager to execute a Professional Services Agreement in a not-to-exceed amount of $467,690.00 with DSEA, Inc. for Architectural Design Services for the Forge Studios and Innovation Lab Project, Request for Proposals DE-24-160-SP.

2. Approve and authorize the City Manager to execute future individual amendments to the Professional Services Agreement not exceeding $100,000.00 for the Forge Studios and Innovation Lab Project, Request for Proposals DE-24-160-SP.

3. Approve and 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 Forge Studios and Innovation Lab Project.

G. Approve a Task Order for Geotechnical Engineering and 21-2987 Materials Testing Services for the Downtown West Parking Structure Project.

1. Approve and authorize the City Manager to execute a Task Order in a not-to-exceed amount of $321,478.00 with Ninyo & Moore Geotechnical and Environmental Sciences Consultants, Inc. for Geotechnical Engineering and Material Testing Services for the Downtown West Parking Structure Project, Request for Proposals SQ-87-DE-19-88.

2. Approve and authorize the City Manager to execute future individual Task Order Amendments not exceeding $100,000.00 for the Downtown West Parking Structure Project.

3. Approve and 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 Downtown West Parking Structure Project H. Final Acceptance of Street, Storm Drain, Sewer, Traffic Signal, 21-2988 and Signing & Striping Improvements on the southwest corner of South Highland Avenue and Mango Avenue for Tract No. 20441

1. Accept as complete the street, storm drain, sewer, traffic signal, and signing & striping improvements for Tract No. 20441 located on the southwest corner of South Highland Avenue and Mango Avenue.

2. Adopt Resolution No. 2024-020 of the City Council of the City of Fontana accepting public sewers in Tract No. 20441 as part of the City sewer system.
18

I. Acceptance of Final Map for Tract No. 20512 21-2989
Approve the Final Map for Tract No. 20512, located on the northeast corner of Citrus Avenue and Summit Avenue, and accept easements.

J. Approve a Bond Reduction for Tract No. 17041 - Lot 3 (In-tract 21-2990 Improvements) located within the Citrus Heights North Specific Plan (Shady Trails).

Approve a reduction of the Faithful Performance Bond, Labor and Material Bond, and the Warranty Bond posted by PLC Shady Trails LLC, a Delaware Limited Liability Company, for Tract 17041 - Lot 3 in-tract improvements consisting of street, street light, storm drain, and sewer, located within the Citrus Heights North Specific Plan (Shady Trails).

K. Police Department Monthly Information Update 21-2995 Accept the Police Department monthly information update for March 2024.

L. Final Acceptance of the Cypress Center and Knopf Center 21-3000 Tenant Improvements Project.

1. Accept as complete the work performed by Fidelity Builders for the tenant improvements to the Cypress and Knopf Center Project (PW-24-20-PW) and approve the final construction costs of $477,275.50.

2. Authorize the Public Works Director to file a Notice of Completion and release the 5% retention.

M. Co-Sponsorship Application Cycle One (1) FY 2024/2025 21-3002 Review and approve (17) Co-Sponsorships recommended for the first half of the 2024/2025 fiscal year (July 2024 through June 2025) totaling $41,728 in in-kind support as recommended by the Parks, Community, and Human Services Commission.

PUBLIC HEARINGS:

A. Public Hearing for Consideration and Adoption of a Campaign 21-2950 Sign Deposit
Adopt Resolution No. 2024-021, adopting a refundable campaign sign deposit.

Mayor Warren opened the public hearing.

City Clerk Key announced that there were no written correspondences received for this item. 19

Deputy City Manager Ray Ebert provided the staff report.

Council Member Sandoval asked where the funds would be deposited.

Deputy City Manager Ebert stated the funds would be held in trust by the City and refunded to the candidate after the election if all signs were removed. Removal of non-compliant signs would be deducted from the candidate’s deposit.

Discussion ensued regarding public rights-of-way.

Council Member Cothran stated that the current sign ordinance requires signs to be removed within 10 days following an election and asked if a process would be in place to ensure all signs had been removed prior to refunding a candidate’s deposit.

Deputy City Manager Ebert stated that the City Clerk would establish a process for collecting, managing and returning funds in addition to auditing and having an awareness of where signs were located.

Council Member Sandoval asked if the deposit would be charged to outside candidates not running for local office.

Deputy City Manager Ebert stated that outside candidates would be billed for removal of non-compliant signs. Also stated that the City Clerk's Office would determine the process for billing for non-compliant signs.

The following individuals spoke in opposition:

1. Bobbi Jo Chavarria

2. Oskar Zambrano

3. Stacy Ramos

4. Elizabeth Sena
Mayor Warren clarified that the City Clerk reviews the process for running for local office with all candidates. Also clarified rights-of-way.

City Attorney Ruben Duran clarified that state law requires that an analysis be prepared to determine the cost of providing the service before adopting fees. Also noted that the fees cannot be charged more than the cost to provide the service.

Mayor Warren closed the public hearing.

ACTION: Motion was made by Council Member Roberts, seconded by Council Member Cothran and passed by a vote of 3-1 to approve staff recommendation on Public Hearing Item “A.” The motion carried by the following vote: AYES: Warren, Cothran, and Roberts; NOES: Sandoval; ABSTAIN: None; ABSENT: Garcia
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B. Appeal No. 24-003, Appeal No 24-004, and Appeal No. 24-006: 21-2969 Requests to overturn the Planning Commission’s decision on March 19, 2024, approving Tentative Parcel Map No. 21-007 (TPM No. 20456) and Design Review No. 21-013 certifying a Final Environmental Impact Report (FEIR), State Clearinghouse Number (SCH No.) 202112059 and adopting a Mitigation,
Monitoring, and Reporting Program (MMRP) for the
consolidation of 22 parcels into one parcel and the development of an industrial warehouse building totaling approximately 623,460 square feet on approximately 29.8 acres on the
northwest corner of Slover Avenue and Cypress Avenue (APNs:
0251-163-01, -02, -03, -04, -05, -06, -07, -08, -09, -10, & -13, and 0251-164-03, -04, -10, -11, -12, -14, -15, -16, -20, -23, & -25).

1. Deny Appeal No. 24-003, Appeal No. 24-004, and Appeal No. 24-006, thereby upholding the Planning Commission’s decision on March 19, 2024 approving Tentative Parcel Map No. 21-007 (TPM No. 20456) and Design Review No. 21-013 along with the certification of a Final Environmental Impact Report (EIR), State Clearinghouse Number (SCH No. 202112059) and adoption of a Mitigation, Monitoring, and Reporting Program (MMRP) for the consolidation of 22 parcels into one parcel and development of an industrial commerce building totaling approximately 623,460 square feet on approximately 29.8 acres located at the northwest corner of Slover Avenue and Cypress Avenue (APNs: 0251-163-01, -02, - 03, -04, -05, -06, -07, -08, -09, -10, & -13, and 0251-164-03, -04, -10, -11, -12, -14, -15, -16, -20, -23, & -25).

2. Uphold the Planning Commission’s decision to Certify the FEIR, SCH No. 20212059 and adopt the MMRP and direct staff to file a Notice of Determination.

APPELLANTS / APPEAL APPLICANTS:

Appeal No. 24-003: Golden State Environmental Justice Alliance, PO Box 79222, Corona, CA 92877.

Appeal No. 24-004: Advocates for the Environment, 10211 Sunland Boulevard, Shadow Hills, CA 91040.

Appeal No. 24-006: Adams Broadwell Joseph & Cardozo for CARE CA, 520 Capitol Mall, Suite No. 350, Sacramento, CA 95814.

Mayor Warren opened the public hearing.

City Clerk Key stated that two written correspondences were received for this item.

Associate Planner Jon Dille provided the staff report.
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The following individuals spoke in opposition:

1. Oskar Zambrano

2. Joaquin Castillegos

3. Amy Smith, CARE CA

4. Andrew Grant

5. Brandon Burton

6. Luis Lopez, Ironworkers 433

7. Ironworkers Local 416

8. Zach Strasters

9. Tony Bolanos

10. Mr. Torees Jr.

11. Ivana Wright on behalf of Assembly Member Eloise Gomez-Reyes

12. Claudia Cuevas

13. Elizabeth Sena

14. Ana Gonzalez

15. Bobbi Jo Chavarria

16. Stacey Ramos
The following individuals spoke in favor:

1. Alex Zamora

2. DJ. Arellano, Duke Realty (Applicant)
Mayor Warren closed the public hearing.

ACTION: Motion was made by Council Member Roberts, seconded by Council Member Cothran and passed by a vote of 3-1 to approve staff recommendation on Public Hearing Item “B.” The motion carried by the following vote: AYES: Warren, Cothran, and Roberts; NOES: Sandoval; ABSTAIN: None; ABSENT: Garcia
C. Appeal No. 24-002 and Appeal No. 24-005: Requests to 21-2963 overturn the Planning Commission’s March 19, 2024 decision approving Tentative Parcel Map No. 23-012 (TPM No. 20710) and Design Review No. 22-064 along with the certification of a Final Subsequent Environmental Report State Clearinghouse Number (SCH No. 2009091089) and adoption of a Mitigation, Monitoring, and Reporting Program, for the consolidation of three parcels into one parcel and development of an industrial warehouse building totaling approximately 881,826 square feet on approximately 40.01 acres located at 11115 Hemlock Avenue (APNs:
0237-131-25, 0237-131-26, and -27).

1. Deny Appeal No. 24-002 and Appeal No. 24-005, thereby upholding the Planning Commission’s decision on March 19, 2024, approving Tentative Parcel Map No. 23-012 (TPM No. 20710) and Design Review No. 22-064 along with the certification of a Final Subsequent Environmental Report (FSEIR) State Clearinghouse Number (SCH No. 2009091089) and 22

adoption of a Mitigation Monitoring and Reporting Program (MMRP) for the consolidation of three parcels into one parcel and development of an industrial warehouse building totaling approximately 881,826 square feet on approximately 40.01 acres located at 11115 Hemlock Avenue (APNs:
0237-131-25, 0237-131-26, and -27).

2. Uphold the Planning Commission decision to certify the FSEIR, SCH No. 2009091089, and adopt the MMRP and direct staff to file a Notice of Determination.

APPELLANTS / APPEAL APPLICANTS:

Appeal No. 24-002: Golden State Environmental Justice Alliance, PO Box 79222, Corona, CA 92877
Appeal No. 24-005: Adams Broadwell Joseph and Cardozo for Californians Allied for a Responsible Economy (CARE CA): 601 Gateway Boulevard Ste 1000, South San Francisco, CA 94080
Mayor Warren opened the public hearing.

City Clerk Key stated that two written correspondences were received for this item.

Senior Planner Rina Leung provided the staff report.

Council Member Cothran asked staff to confirm that the existing site was annexed from the County and already zoned industrial. Also asked if a study had been conducted on the number of truck trips per day.

Senior Planner Leung confirmed that the existing site was annexed from the County and zoned industrial. She also stated that an Environmental Impact Review was conducted, and truck traffic was consistent with City guidelines.

Council Member Sandoval asked about the amount of truck trips that would occur daily at the site.

A representative with EDP Solutions stated that there were 20 inbound/outbound truck trips in the morning, 26 inbound/outbound truck trips in the afternoon/evening and 562 two-way daily inbound and outbound trips.

The following individuals spoke in opposition:

1. Oskar Zambrano

2. Ironworkers 433

3. Amy Smith

4. Andrew Graf

5. Ana Gonzalez

6. Elizabeth Cena

7. Brandon Burton

8. Ironworkers Local 416

9. Zach Strasters
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10. Tony Bolanos

11. Mr. Torres Jr.

12. Jennifer Cardenas

13. Ivana Wright on behalf of Assembly Member Eloise Gomez Reyes

14. Bobbi Jo Chavarria

15. Stacey Ramos
The following individuals spoke in support:

1. Jason Baiz

2. Thomas Ruiz, LIUNA
Mayor Warren closed the public hearing.

Council Member Roberts asked staff to confirm that concerns with potential water main infrastructure upgrades required for the project were addressed.

Senior Planning Leung stated that the concerns raised in CARE CA’s written public comment were discussed with Fire Marshall Maurice Morris who stated that the standards and conditions of approval for the project were consistent with City standards. Also noted that additional onsite work was not required.

ACTION: Motion was made by Council Member Roberts, seconded by Council Member Cothran and passed by a vote of 3-1 to approve staff recommendation on Public Hearing Item “C.” The motion carried by the following vote: AYES: Warren, Cothran, and Roberts; NOES: Sandoval; ABSTAIN: None; ABSENT: Garcia
D. Master Case No. 22-143, Development Agreement (AGR) 21-2923 No. 24-002: An Ordinance of the City Council of the City of Fontana, California, approving, pursuant to the certified Final Subsequent Environmental Impact Report, a Development
Agreement with Prologis Exchange 11115 Hemlock Avenue
LLC, providing for an extended entitlement timing and enhanced environmental measures for an approved industrial commerce center development of approximately 881,826 square feet on approximately

40.01 acres, and directing staff to File a Notice of Determination.

Based on the information in the staff report and subject to the findings, conclusions, and information in the staff report and presented in the public hearing, staff recommends that the City Council:

1. Find that the project has been reviewed under a previously certified Final Subsequent Environmental Impact Report (State Clearinghouse No. 2009091089), pursuant to Section 15162 through 15164 of the California Environmental Quality Act (CEQA) Guidelines and Section 8.10 of the City of Fontana’s 2019 Local Guidelines for Implementing CEQA and that no further analysis is required, and direct staff to file a Notice of Determination; and
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2. Read by title only and waive further reading of and introduce Ordinance No. 1950, an Ordinance of the City Council of the City of Fontana, pursuant to the certified Final Subsequent Environmental Impact Report (SCH 2009091089) for the project, approving Development Agreement (AGR) No. 24-002 between the City of Fontana and Prologis Exchange 11115 Hemlock Avenue LLC, which provides for extended entitlement timing and enhanced environmental measures for an approved industrial commerce center development of approximately 881,826 square feet on approximately 40.01 acres.

Mayor Warren opened the public hearing.

City Clerk Key stated that two written correspondences were received for this item.

Senior Planner Rina Leung provided the staff report.

The following individuals spoke in opposition:

1. Oskar Zambrano

2. Andrew Graf
The following individuals spoke in favor:

1. Deshawn, Western States Carpenters

2. Eddie Campos, WSRCC

3. Jason Baiz
Mayor Warren closed the public hearing.

ACTION: Motion was made by Council Member Cothran, seconded by Council Member Roberts and passed by a vote of 3-1 to approve staff recommendation on Public Hearing Item “D.” The motion carried by the following vote: AYES: Warren, Cothran, and Roberts; NOES: Sandoval; ABSTAIN: None; ABSENT: Garcia
E. Master Case No. 24-019 and Municipal Code Amendment No. 21-2924 24-001: Fontana Municipal Code amendments to Chapter 30 (Zoning and Development Code), pursuant to a categorical exemption in accordance with CEQA Guidelines section 15060(c) and 15061(B)(3).

1. Determine that this project is Categorically Exempt pursuant Sections 15060(c), 15061(B)(3) (the “common-sense” exemption), and 15378 and Sections No. 3.01, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA, and direct staff to file a Notice of Exemption; and,

2. Read by title only and waive further reading of and introduce Ordinance No. 1951, an Ordinance of the City Council of the City of Fontana 25

approving Master Case No. 24-019 and Municipal Code Amendment No. 24-001 to amend multiple sections of Chapter 30 of the Fontana Zoning and Development Code, including amendments to sections 30-41, 30-43, 30-80, 30-215, 30-217, 30-302.2, and 30-643 to remove references to the Development Advisory Board; Sections 30-285 and 30-294 to correct noticing verbiage related to Tentative Maps; Sections 30-362 through 30-370 and 30-378 through 30-380 to remove Form Based Code maximum lot dimensions and add language to allow common and public open space for projects over two acres in the Form Base Code; Section 30-404 to provide common open space amenity options; Section 30-467 to remove ADU owner occupancy requirements consistent with state law; and Section 30-530 to remove certain “all other” use categories permitted in industrial zoning districts; and the reading of the title constitutes the first thereof.

Mayor Warren opened the public hearing.

City Clerk Key announced that there were no written correspondences received for this item.

Senior Planner Sal Quintanilla provided the staff report.

The following individuals spoke in opposition:

1. Oskar Zambrano
Mayor Warren closed the public hearing.

ACTION: Motion was made by Council Member Cothran, seconded by Council Member Roberts and passed by a vote of 4-0 to approve staff recommendation on Public Hearing Item “E.” The motion carried by the following vote: AYES: Warren, Cothran, Roberts, Sandoval; NOES: None; ABSTAIN: None; ABSENT: Garcia F. Public Hearing on Formation of Community Facilities District 21-3001 No. 113 (The Gardens Phase Two)
Mayor Warren asked for any members of the public who wish to file a written protest prior to the opening of the public hearing for the Formation of Community Facilities District No. 113.

There was no one who wished to file a protest.

Mayor Warren opened the public hearing.

City Clerk Key announced that there were no written correspondences received for this item.

Accountant II Justin Marietta provided the staff report. 26

With no one interested to speak in favor or opposition of this item Mayor Warren closed the Public Hearing.

ACTION: Motion was made by Council Member Cothran, seconded by Council Member Roberts and passed by a vote of 4-0 to adopt the following:

1. Adopt Resolution No. 2024-022, of the City Council of the City of Fontana of formation of the City of Fontana Community Facilities District No. 113 (The Gardens Phase Two), authorizing the levy of a special tax within the community facilities district and establishing an appropriations limit for the community facilities district.

2. Adopt Resolution No. 2024-023, of the City Council of the City of Fontana deeming it necessary to incur bonded indebtedness within the City of Fontana Community Facilities District No. 113 (The Gardens Phase Two).

3. Adopt Resolution No. 2024-024, of the City Council of the City of Fontana calling special election for City of Fontana Community Facilities District No. 113 (The Gardens Phase Two).

The motion carried by the following vote: AYES: Warren, Cothran, Roberts, Sandoval; NOES: None; ABSTAIN: None; ABSENT: Garcia
Following the motion, Mayor Warren asked City Clerk Key to open the ballots and announce the results of the election.

City Clerk Key announced that the City received two ballots in favor.

ACTION: Motion was made by Council Member Roberts, seconded by Council Member Cothran to move the following by a vote of 4-0 as follows:

4. Adopt Resolution No. 2024-025, of the City Council of the City of Fontana declaring results of special election and directing the recording of notice of special tax lien.

5. Read by title only and waive further reading of and introduce Ordinance No. 1952 levying special taxes within the City of Fontana Community Facilities District No. 113 (The Gardens Phase Two); and that the reading of the title constitutes the first reading thereof.

6. Adopt Resolution No. 2024-026, of the City Council of the City of Fontana authorizing the execution and delivery of Joint Community Facilities Agreements.

7. Adopt Resolution No. 2024-027, of the City Council of the City of Fontana authorizing the execution and delivery of a Letter of Credit Agreement and an Acquisition and Funding Agreement.
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The motion carried by the following vote: AYES: Warren, Cothran, Roberts, Sandoval; NOES: None; ABSTAIN: None; ABSENT: Garcia
G.Public Hearing, Election, and Resolutions on Formation of 21-3003 Community Facilities District No. 114M (Tract 20512)...End Mayor Warren asked for any members of the public who wish to file a written protest prior to the opening of the public hearing for the Formation of Community Facilities District No. 114M.

There was no one who wished to file a protest.

Mayor Warren opened the public hearing.

City Clerk Key announced that there were no written correspondences received for this item.

Accountant II Justin Marietta provided the staff report.

With no one interested to speak in favor or opposition of this item Mayor Warren closed the Public Hearing.

ACTION: Motion was made by Council Member Roberts, seconded by Council Member Cothran and passed by a vote of 4-0 to adopt the following:

RECOMMENDATION:

Immediately after conducting a Public Hearing on the formation of the City of Fontana Community Facilities District No. 114M (the “District” or “Community Facilities District No. 114M”), staff recommends the City Council take the following actions in the following order:

1. Adopt Resolution No. 2024-028, Establishing the City of Fontana Community Facilities District No. 114M (the “Resolution of Formation”).

2. Adopt Resolution No. 2024-029, Calling a Special Election and Submitting to the Voters of Community Facilities District No. 114M a Proposition with Respect to the Annual Levy of Special Taxes within Community Facilities District No. 114M to Pay the Costs of Certain Services to be Provided by Community Facilities District No. 114M and a Proposition with Respect to the Establishment of an Appropriations Limit for Community Facilities District No. 114M (the “Resolution Calling the Election”).

The motion carried by the following vote: AYES: Warren, Cothran, Roberts, Sandoval; NOES: None; ABSTAIN: None; ABSENT: Garcia
Following the motion, Mayor Warren asked City Clerk Key to open the ballot and announce the results of the election.
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City Clerk Key announced that the City received one ballot in favor.

ACTION: Motion was made by Council Member Roberts, seconded by Council Member Cothran to move the following by a vote of 4-0 as follows:

3. Conduct the Special Election.

4. Adopt Resolution No. 2024-030, Declaring the Results of the Special Election for Community Facilities District No. 114M on the Propositions with Respect to (i) the Annual Levy of Special Taxes to Pay the Costs of Certain Services to be provided by Community Facilities District No. 114M and (ii) the establishment of an appropriations limit (the “Resolution Declaring Election Results”).

5. Conduct First Reading (Read title only, and waive further reading) of Ordinance No. 1953, Authorizing the Levy of a Special Tax within Community Facilities District No. 114M (the “Ordinance”).

The motion carried by the following vote: AYES: Warren, Cothran, Roberts, Sandoval; NOES: None; ABSTAIN: None; ABSENT: Garcia
NEW BUSINESS:

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

A. Fiscal Year 2023-24 Third Quarter Budget Status Report 21-2997 Approve the recommended Fiscal Year 2023-24 Third Quarter Budget adjustments.

B. American Rescue Plan Act Update 21-3004
Receive update and approve revisions to the American Rescue Plan Act (ARPA) Expenditure Plan, including the leveraged projects.

Chief Financial Officer Jessica Brown provided the staff report.

ACTION: Motion was made by Council Member Cothran, seconded by Council Member Roberts and passed by a vote of 4-0 to approve staff recommendation on New Business Items “A” and “B.” The motion carried by the following vote: AYES: Warren, Cothran, Roberts, Sandoval; NOES: None; ABSTAIN: None; ABSENT: Garcia 29

PUBLIC COMMUNICATIONS - CONTINUED:

Despite the extension of public communications to the end of the City Council meeting, no speakers remained to voice their concerns.

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications
Deputy City Manager Ray Ebert congratulated Trish Villegas on her retirement and wished his wife a happy 17th anniversary.

ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports
City Treasurer Koehler-Brooks thanked Chief Financial Officer Brown for tonight’s presentation and congratulated public safety staff that were sworn in.

City Clerk Key congratulated City Clerk staff, Accounts Payable Clerk Trish Villegas on her retirement and congratulated public safety staff that were sworn in. Also discussed the recent Jazz Festival event that she attended.

Mayor Warren stated that tonight’s meeting would be adjourned in memory of Louis Ralles who was a Fontana Senior Citizen’s Center member and one of the center’s founding softball league members.

Council Member Sandoval expressed condolences to the family of Louis Ralles, discussed the recent Jazz Festival event he attended, and wished all a happy belated Happy Mother's Day.

Also discussed concerns with gender discrimination experienced by female police officers.

Council Member Roberts congratulated public safety staff that were sworn in.

Council Member Cothran discussed the National Police Week memorial event he attended and encouraged all to participate in the upcoming Fontana Days Run and upcoming summer aquatics programs.

Mayor Warren discussed upcoming events including the City-County Conference and International Council of Shopping Centers Conference that she and staff would be attending.

Also discussed homeless initiatives for housing voucher programs for veterans and recognized the Police Cadets for all their efforts. Mayor Warren also discussed the Partners in Educational Excellence Award that the Fontana Mayor’s Educational Coalition recently received. Last, she discussed medical resources that were available in Fontana and encouraged the community to contact 2-1-1 for more information.
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ADJOURNMENT:

A. Adjournment
Mayor Warren and the City Council led a moment of silence in memory of the following individual:

1. Louis Ralles
Mayor Warren adjourned the meeting at 6:42 p.m. to the next Regular City Council Meeting on Tuesday, May 28, 2024, at 2:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.
_____________________
Christina Rudsell, CMC
Deputy City Clerk

THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON MAY 28, 2024.
_______________________
Germaine Key
City Clerk
31 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3035 Agenda Date: 5/28/2024
Agenda #: B. Category: Consent Calendar
FROM:

Planning Department
SUBJECT:

Adoption of Ordinance No.1950 (Second Reading), a Development Agreement with Prologis Exchange 11115 Hemlock Avenue LLC
RECOMMENDATION:

Adoption of Ordinance No. 1950 on Second Reading, An Ordinance of the City Council of the City of Fontana, California, approving, pursuant to the certified Final Subsequent Environmental Impact Report, a Development Agreement with Prologis Exchange 11115 Hemlock Avenue LLC, providing for an extended entitlement timing and enhanced environmental measures for an approved industrial commerce center development of approximately 881,826 square feet on approximately 40.01 acres, and directing staff to File a Notice of Determination.

COUNCIL GOALS:
· Promote economic development by concentrating on job creation. · To promote economic development by pursuing business retention, expansion, and attraction. · To promote economic development by striving to constantly improve the city's competitiveness.

DISCUSSION:

Ordinance No. 1950 was introduced by a vote of 3-1 at the May 14, 2024, Regular City Council meeting.

FISCAL IMPACT:

The Development Agreement includes a provision for a payment in the amount of $20,000 upon the issuance of the first building permit for the project for the purpose of staff time and oversight of the WAIRE Points Compliance. If a building permit has not been issued by December 31, 2030, another payment of $20,000 would be provided to the city for staff time and oversight of the WAIRE Points Compliance.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 5/22/2024
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ORDINANCE NO. 1950

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

FONTANA APPROVING, PURSUANT TO THE CERTIFIED

FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT
REPORT (SCH 2009091089) FOR THE PROJECT,
APPROVING DEVELOPMENT AGREEMENT (AGR) NO.
24-002 BETWEEN THE CITY OF FONTANA AND
PROLOGIS EXCHANGE 11115 HEMLOCK AVENUE LLC,

WHICH PROVIDES FOR EXTENDED ENTITLEMENT

TIMING AND ENHANCED ENVIRONMENTAL MEASURES

FOR AN APPROVED INDUSTRIAL COMMERCE CENTER
DEVELOPMENT OF APPROXIMATELY 881,826 SQUARE
FEET ON APPROXIMATELY 40.01 ACRES
WHEREAS, the City Council (“City Council”) of the City of Fontana ("City") is authorized by California Government Code sections 65864 et seq. and section 30-322 of the City's Development Code (“Development Code”) to enter into an agreement for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights in such property; and WHEREAS, the City of Fontana (“the City”) has found that development agreements will strengthen the public planning process, encourage private participation in comprehensive planning by providing a greater degree of certainty in that process, reduce the economic costs of development, allow for the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and protect the environment are achieved; and
WHEREAS, because of the logistics, magnitude of the expenditure, and considerable lead time required to plan and develop the Property, Prologis Exchange 11115 Hemlock Avenue (“Developer”) has proposed to enter into a development agreement concerning the Property located at 11115 Hemlock Avenue (Assessor Parcel Numbers 0237-131-25,-26 and -27) (the “Property”), to provide assurances that the Property can be developed without disruption caused by a change in the City’s planning policies and requirements except as provided in the development agreement, which assurances will thereby reduce the actual or perceived risk of planning for and proceeding with development of the Property; and
WHEREAS, the City and Developer are supportive of entering into Development Agreement No. 24-002 ("AGR No. 24-002”) for the Property which the Developer has fee title; and
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WHEREAS, Developer’s interest in the Property, including that interest to be conveyed pursuant to the AGR No. 24-002, constitutes a legal or equitable interest in real property pursuant to California Government Code section 65865; and WHEREAS, Developer proposes the development of the Property for an industrial building totaling approximately 881,826 square feet to achieve the goals of the City's General Plan (“General Plan”), as further described and conditioned in the AGR No. 24- 002 such development shall be referred to herein as the “Project”); and WHEREAS, City has found that the AGR No. 24-002 attached hereto as “Exhibit A” and incorporated herein by reference is consistent with City's General Plan and it has been reviewed and evaluated in accordance with Section 30-102 of the City Development Code; and
WHEREAS, City has determined that by entering into the AGR No. 24-002: (i) City will promote orderly growth and quality development on the Property in accordance with the goals and policies set forth in the General Plan and (ii) City will benefit from increased employment, industrial opportunities created by the Project for residents of the City; and WHEREAS, a Final Subsequent Environmental Impact Report (FSEIR) to the previously-certified Final Program Environmental Impact Report (FEIR) for the Southwest Industrial Park (SWIP) Specific Plan Update and Annexation (State Clearinghouse (SCH) No. 2009091089) has been prepared for this project in accordance with Sections 15063 and 15163 of the California Environmental Quality Act (CEQA) and identified the AGR No. 24-002 as a potential Project approval; and
WHEREAS, on March 19, 2024, pursuant to the California Environmental Quality Act (Pub. Res. Code §§ 21000 et seq.) (“CEQA”), and the State CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et seq.) the Planning Commission certified the project FSEIR (SCH #2009091089), and approved the Mitigation Monitoring and Reporting Program (MMRP) with Resolution PC Number 2024 – 020; and,
WHEREAS, on May 14, 2024, the City Council at a public hearing considered and denied Appeal (APL) No. 24-002 and Appeal (APL) No. 24-005 to uphold the Planning Commission’s March 19, 2024 decision approving Tentative Parcel Map No. 23-012 (TPM No. 20710) and Design Review (DRP) No. 22-064 along with the certification of a Final Subsequent Environmental Report (FSEIR) State Clearinghouse Number (SCH No. 2009091089) and adoption of a Mitigation, Monitoring, and Reporting Program, (MMRP), and
WHEREAS, the terms and conditions of the AGR No. 24-002 have undergone review by City at publicly noticed hearings and have been found to be fair, just and reasonable, and consistent with the General Plan. Further, City found that:
(i) the economic interests of the City's citizens and the public health, safety and welfare will be best served by entering into the Development Agreement; 34

(ii) the development agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the Property is located; (iii) the development agreement is consistent with the General Plan; (iv) the development agreement is in conformity with the public convenience, general welfare and good land use practice;
(v) the development agreement will not be detrimental to the public health, safety and general welfare; and
(vi) the development agreement will not adversely affect the orderly development or the preservation of property values for the Property or any other property; and WHEREAS, all the notices require by statute and the Fontana Municipal Code have been given as required.

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

SECTION 1. Recitals. The City Council hereby incorporates by reference the Recitals set forth herein and adopts those Recitals as its own as though fully set forth in this Ordinance. Pursuant to California Government Code section 65867.5(b), and based on the entire record before the City Council, including all written and oral evidence presented to the City Council, the City Council hereby finds that the development agreement is consistent with the General Plan because the AGR No. 24-002 will result in the development of the Property at the intensity and density allowed under the General Plan and with the restrictions and standards set forth in the City's Municipal Code.

SECTION 2. California Environmental Quality Act. Consistent with CEQA and the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), EIR (State Clearinghouse No. 2022110389) was prepared for development, including the Tentative Parcel Map and Design Review. The Planning Commission certified the Project SEIR and adopted the MMRP, the City Council, and, based on the CEQA Sections 15162 through 15164, staff has determined that none of the criteria requiring a subsequent environmental document have been met and that further environmental analysis is not required, and directs Staff to file a Notice of Determination. On May 14, 2024, the City Council at a public hearing considered and denied Appeal (APL) No. 24-002 and Appeal (APL) No. 24-005 to uphold the Planning Commission’s March 19, 2024 decision approving Tentative Parcel Map No. 23-012 (TPM No. 20710) and Design Review (DRP) No. 22-064 along with the certification of a Final Subsequent Environmental Report (FSEIR) State Clearinghouse Number (SCH No. 2009091089) and adoption of a Mitigation, Monitoring, and Reporting Program, (MMRP).
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SECTION 3. Development Agreement Findings. Based upon the entire record and all written and oral evidence presented, the City Council finds this Ordinance promotes the public health, safety and welfare of the community because the AGR No. 24-002 will enable needed public improvements at the Property and the economic development of the Property will benefit the citizens of the City.

The City Council further finds that among the public benefits to accrue to the residents of the City as a result of AGR No. 24-002 are:

1. The revitalization of an underdeveloped site.

2. The development of onsite infrastructure upgrades that would not occur otherwise.

3. The generation of additional property tax.

4. The stimulation of adjacent areas in the City by introducing new industrial facility and opportunities.

5. The implementation of numerous City planning and economic development policies which benefit the health and fiscal welfare of the City and its residents.

6. The implementation of enhanced environmental measures.

SECTION 4. Development Agreement Approval. Pursuant to California Government Code sections 65865 et seq., the City Council hereby approves the AGR No. 24-002 between Developer and the City, a copy of which is on file with the City Clerk and attached hereto as “Exhibit A”.

SECTION 5. Recordation. The City Clerk shall cause to be recorded with the San Bernardino County Recorder a copy of the executed development agreement at the time and in the manner provided for in the development agreement.

SECTION 6. Effective Date/Publication. This Ordinance shall take effect thirty (30) days after the date of the adoption, and prior to the expiration of the fifteen (15) days from the passage thereof, shall be published by the City Clerk at least once in the Fontana Herald News, a local newspaper of general circulation, published and circulated in the City of Fontana, and henceforth and thereafter the same shall be in full force and effect.

SECTION 7. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian of records is the City Clerk.

SECTION 9. Severability. If any provision of this Ordinance or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application.
36

APPROVED and ADOPTED this 28th day of May 2024.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney
I, Germaine McClellen 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 14th day of May 2024, and was finally passed and adopted not less than five days thereafter on the 28th day of May 2024 by the following vote to wit:

AYES:

NOES:

ABSENT:

City Clerk of the City of Fontana
Mayor of the City of Fontana
ATTEST:

City Clerk
37

RECORDING REQUESTED BY:

WHEN RECORDED MAIL
DOCUMENT TO:

City of Fontana
8353 Sierra Avenue
Fontana, California 92335
Attn.: City Clerk
Space Above This Line for Recorder's Use Only
Exempt from Recording Fees Pursuant
to Gov. Code §§ 27383, 6103
DEVELOPMENT AGREEMENT (AGR) NO. 24-002

A DEVELOPMENT AGREEMENT BETWEEN

CITY OF FONTANA
a California Municipal Corporation
("City")
and
PROLOGIS EXCHANGE 11115 HEMLOCK AVENUE LLC
("Owner")
38

DEVELOPMENT AGREEMENT (AGR) NO. 24-002
This Development Agreement (hereinafter "Agreement") is entered into effective on the date it is recorded with the San Bernardino County Recorder (hereinafter the "Effective Date") by and among the City of Fontana, a California municipal corporation (hereinafter, "CITY"), and PROLOGIS EXCHANGE 11115 Hemlock Avenue LLC, a Delaware limited liability company, (hereinafter, "OWNER"):

RECITALS
WHEREAS, CITY is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property, pursuant to Section 65864 et seq. of the Government Code; and WHEREAS, OWNER has requested CITY to enter into a development agreement with respect to the redevelopment of that certain real property (APN Nos. 0237-131-25, 0237-131--26 and 0237-131-27) located at 11115 Hemlock Avenue in the City of Fontana, and situated south of Santa Ana Avenue, north of Jurupa Avenue, east of Hemlock Avenue, and west of Beech Avenue in the CITY, as more particularly described on Exhibit "A" and shown on Exhibit "B" to this Agreement (the "Property"), and proceedings have been taken in accordance with the rules and regulations of CITY; and
WHEREAS, by electing to enter into this Agreement, CITY shall bind future City Councils of CITY by the obligations specified herein and limit the future exercise of certain governmental and proprietary powers of CITY; and WHEREAS, the terms and conditions of this Agreement have undergone extensive review by CITY and the City Council and have been found to be fair, just and reasonable; and
WHEREAS, the best interests of the citizens of the CITY and the public health, safety and welfare will be served by entering into this Agreement; and WHEREAS, prior to the adoption of the Development Approvals described in this Agreement, the Planning Commission of the City of Fontana reviewed and considered the Supplemental Environmental Impact Report ("SEIR") and Mitigation Monitoring and Reporting Program ("MMRP") and made findings concerning the SEIR and MMRP in accordance with CEQA and the State and City CEQA Guidelines; and WHEREAS, OWNER has filed an application for, and the City Council has approved, Design Review (DRP) No. 22-064 and Tentative Parcel Map (TPM 20710) No. 23-012, and certified the SEIR prepared for the Project; and WHEREAS, this Agreement and the Project are consistent with the CITY's Comprehensive General Plan and any Specific Plan applicable thereto; and WHEREAS, all actions taken and approvals given by CITY have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters; and 39

WHEREAS, development of the Property in accordance with this Agreement will provide substantial benefits to CITY and will further important policies and goals of CITY; and
WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure progressive installation of necessary improvements, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under Sections 65864 et seq of the Government Code are intended; and WHEREAS, OWNER has incurred and will in the future incur substantial costs in order to assure development of the Property in accordance with this Agreement; and WHEREAS, OWNER has incurred and will in the future incur substantial costs in excess of the generally applicable requirements in order to assure vesting of legal rights to develop the Property in accordance with this Agreement.

COVENANTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. DEFINITIONS AND EXHIBITS.

1.1 Definitions. The following terms when used in this Agreement shall be defined as follows:

1.1.1 "Agreement" means this Development Agreement.

1.1.2 "CITY" means the City of Fontana, a municipal corporation, organized and existing pursuant to the laws of the State of California.

1.1.3 "Development" means the improvement of the Property for the purposes of completing the structures, improvements and facilities comprising the Project including, but not limited to: grading; the construction of infrastructure and public facilities related to the Project whether located within or outside the Property; the construction of buildings and structures; and the installation of landscaping. "Development" does not include the maintenance, repair, reconstruction or redevelopment of any building, structure, improvement or facility after the construction and completion thereof.

1.1.4 "Development Agreement Policies" means those certain development agreement policies approved by CITY pursuant to Resolution No. 85-217, adopted on November 5, 1985, as may be amended.

1.1.5 "Development Approvals" means all permits and other entitlements for use subject to approval or issuance by CITY in connection with development of the Property including, but not limited to:
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(a) conditional use permits and design review permits;
(b) General Plan and Zoning Code amendments;
(e) grading, encroachment and building permits.

1.1.6 "Development Exaction" means any requirement of CITY in connection with or pursuant to any Land Use Regulation or Development Approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests.

1.1.7 "Development Impact Fee" means a monetary exaction other than a tax or special assessment, whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include park 'iin lieu" fees specified in Government Code Section 66477, fees for processing applications for governmental regulatory actions or approvals, fees collected under development agreements adopted pursuant to Article 2.5 of the Government Code (commencing with Section 65864) of Chapter 4, or fees collected pursuant to agreements with redevelopment agencies which provide for the redevelopment of property in furtherance or for the benefit of a redevelopment project for which a redevelopment plan has been adopted pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code).

1.1.8 "Development Plan" means the Existing Development Approvals and the Existing Land Use Regulations applicable to development of the Property.

1.1.9 "Effective Date" means the date the ordinance approving this Agreement becomes effective.

1.1.10 "Existing Development Approvals" means all Development Approvals approved or issued prior to the Effective Date.

1.1.11 "Existing Land Use Regulations" means all Land Use Regulations in effect on the Effective Date.

1.1.12 "General Plan" means the General Plan adopted on November 13, 2018 by Resolution No. 2018-097.

1.1.13 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations and official policies of CITY governing the development and use of land, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the 41

development of the property. "Land Use Regulations" does not include any CITY ordinance, resolution, code, rule, regulation or official policy, governing:
(a) the conduct of businesses, professions, and occupations; (b) taxes and assessments;
(c) the control and abatement of nuisances;
(d) the granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property; (e) the exercise of the power of eminent domain.

1.1.14 "OWNER" means the persons and entities listed as OWNER on page 1 of this Agreement and their successors in interest to all or any part of the Property.

1.1.15 "Mitigation Monitoring and Reporting Program" or "MMRP' means the mitigation monitoring and reporting program for assessing and ensuring compliance with required environmental impact mitigation measures approved by Planning Commission Resolution No. ' 0'1-4- 01,,- ,2024 in conjunction with the Planning Commission certification of the EIR.

1.1.16 "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security-device lender, and their successors and assigns.

1.1.17 "Project" means the development of the Property contemplated by the Development Plan as such Plan may be further defined, enhanced or modified pursuant to the provisions of this Agreement.

1.1.18 "Property" means the real property described on Exhibit "A" and shown on Exhibit "B" to this Agreement.

1.1.19 "Reservations of Authority" means the rights and authority excepted from the assurances and rights provided to OWNER under this Agreement and reserved to CITY under Section 3.6 of this Agreement.

1.1.20 "Subsequent Development Approvals" means all Development Approvals required subsequent to the Effective Date in connection with development of the Property.

1.1.21 "Subsequent Land Use Regulations" means any Land Use Regulations adopted and effective after the Effective Date of this Agreement.

1.1.22 "Warehouse Indirect Source Rule" means the current version (May 7, 2021) of the South Coast Air Quality Management District's Rule 2305 Warehouse Indirect Source Rule.

1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement:
42

Exhibit "A" - Legal Description of the Property.

Exhibit "B" - Map showing Property and its location.

Exhibit "C" - Existing development approvals.

2. GENERAL PROVISIONS.

2.1 Binding Effect of Agreement. The Property is hereby made subject to this Agreement. Development of the Property is hereby authorized and shall be carried out only in accordance with the terms of this Agreement.

2.2 Ownership of Property. OWNER represents and covenants that it is the legal or equitable owner of the fee simple title to the Property or a portion thereof, and shall be so on the date of recordation of this Agreement in the office of the San Bernardino County Recorder. To the extent OWNER does not own fee simple title to the Property, OWNER shall obtain written consent from the current fee owner of the Property prior to the Effective Date agreeing to the terms of this Agreement and the recordation thereof in the office of the San Bernardino County Recorder.

2.3 Term; Tolling of Agreement. The initial term of this Agreement ("Term") shall commence upon expiration of the initial two (2) year period for OWNER to exercise OWNER's rights under the Development Approvals, which period may be tolled in the event of litigation challenging CITY's issuance of the Development Approvals as set forth below, and shall continue for a period of ten (10) years thereafter unless this term is modified or extended pursuant to the provisions of this Agreement.

The commencement of the Term of this Agreement shall be automatically tolled in the event of a third party lawsuit challenging CITY's issuance of the Development Approvals, and shall remain tolled and in abeyance until such time as the legal action is dismissed and/or a final judgment is entered by the court resolving the action, and all applicable appeal periods are expired and/or exhausted.

2.4 Assignment.

2.4.1 Right to Assign. OWNER shall have the right to sell, transfer or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410 et seq., to any person, partnership, joint venture, firm or corporation at any time during the term of this Agreement; provided, however, that any such sale, transfer or assignment shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement and be made in strict compliance with the following conditions precedent:
(a) No sale, transfer or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of the Property.
(b) Concurrent with any such sale, transfer or assignment, or within fifteen (15) business days thereafter, OWNER shall notify CITY, in writing, of such sale, 43

transfer or assignment and shall provide CITY with an executed agreement, in a form reasonably acceptable to CITY, by the purchaser, transferee or assignee and providing therein that the purchaser, transferee or assignee expressly and unconditionally assumes all the duties and obligations of OWNER under this Agreement.

Any sale, transfer or assignment not made in strict compliance with the foregoing conditions shall constitute a default by Owner under this Agreement. Notwithstanding the failure of any purchaser, transferee or assignee to execute the agreement required by Paragraph (b) of this Subsection 2.4.1, the burdens of this Agreement shall be binding upon such purchaser, transferee or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee or assignee until and unless such agreement is executed. The City Manager shall have the authority to review, consider and either approve, conditionally approve, or deny any proposed sale, transfer or assignment that is not made in compliance with this section 2.4.

2.4.2 Release of Transferring Owner. Notwithstanding any sale, transfer or assignment, a transferring OWNER shall continue to be obligated under this Agreement unless such transferring OWNER is given a release in writing by CITY, which release shall be provided by CITY upon the full satisfaction by such transferring OWNER of the following conditions:
(a) OWNER no longer has a legal or equitable interest in all or any part of the Property.
(b) OWNER is not then in default under this Agreement.
(c) OWNER has provided CITY with the notice and executed agreement required under Paragraph (b) of Subsection 2.4.1 above.

2.4.3 Subsequent Assignment. Any subsequent sale, transfer or assignment after an initial sale, transfer or assignment shall be made only in accordance with and subject to the terms and conditions of this Section.

2.4.4 Partial Release of Purchaser, Transferee or Assignee of Industrial or Commercial Lot. A purchaser, transferee or assignee of a lot, which has been finally subdivided as provided for in the Development Plan and for which a commercial or industrial plot plan for development of the lot has been finally approved pursuant to the Development Plan, may submit a request, in writing, to CITY to release said lot from the obligations under this Agreement relating to all other portions of the property. Within thirty (30) days of such request, CITY shall review, and if the above conditions are satisfied shall approve the request for release and notify the purchaser, transferee or assignee in writing thereof. No such release approved pursuant to this Subsection

2.4.4 shall cause, or otherwise affect, a release of OWNER from its duties and obligations under this Agreement.

2.5 Amendment or Cancellation of Agreement. This Agreement may be amended or canceled in whole or in part only by written consent of all parties in the manner provided for in Government Code Sections 65865.1 or 65868 and the Development Agreement Policies. Any amendment of this Agreement, which 44

amendment has been requested by OWNER, shall be considered by the CITY only upon the payment of the applicable processing charge. This provision shall not limit any remedy of CITY or OWNER as provided by this Agreement. The procedure for proposing and adopting an amendment to, or cancellation of, in whole or in part, this Agreement shall be the same as the procedure for adopting and entering into this Agreement in the first instance.

2.6 Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events:
(a) Expiration of the stated term of this Agreement as set forth in Section 2.3.
(b) Entry of a final judgment setting aside, voiding or annulling the adoption of the ordinance approving this Agreement.
(c) The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement.
(d) Completion of the Project in accordance with the terms of this Agreement including issuance of all required occupancy permits and acceptance by CITY or applicable public agency of all required dedications. (e) Termination of this Agreement based on any default of OWNER and following the termination proceedings required by the Development Agreement Policies.

Termination of this Agreement shall not constitute termination of any other land use entitlements approved for the Property. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement which has occurred prior to such termination or with respect to any obligations which are specifically set forth as surviving this Agreement.

2.7 Notices.
(a) As used in this Agreement, "notice" includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. (b) All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or (iii) on the date of delivery shown in the records of the telegraph company after transmission by telegraph to the recipient named below. All notices shall be addressed as follows:

If to CITY:
45

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Attn: City Manager
Telephone: (909) 350-7600
Copy to:

Best Best & Krieger LLP
3500 Porsche Way, Suite 200
Ontario, CA 91764
Attn: City Attorney
Telephone: (909) 989-8584
lfto OWNER:

Prologis
1800 Wazee Street, Suite 500
Denver, Colorado, 80202
Attn: General Counsel
Telephone: (303) 567-5395
Copy to:

Allen Matkins Leck Gamble Mallory & Natsis, LLP
2010 Main Street, 8th Floor
Irvine, CA 92614
Attn: Jonathan E. Shardlow, Esq.

Telephone: (949) 553-1313
(c) Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change.

3. DEVELOPMENT OF THE PROPERTY.

3.1 Rights to Develop. Subject to the terms of this Agreement including the Reservations of Authority, OWNER shall have a vested right to develop the Property in accordance with, and to the extent of, the Development Plan. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. Except as otherwise provided in this Agreement, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Development Plan.

3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement including the Reservations of Authority, the rules, regulations and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications 46

applicable to development of the Property shall be the Existing Land Use Regulations.

In connection with any Subsequent Development Approval, CITY shall exercise its discretion in accordance with the Development Plan, and as provided by this Agreement including, but not limited to, the Reservations of Authority. CITY shall accept for processing, review and action all applications for Subsequent Development Approvals, and such applications shall be processed in the normal manner for processing such matters.

3.3 Timing of Development. The parties acknowledge that OWNER cannot at this time predict when or the rate at which phases of the Property will be developed.

Such decisions depend upon numerous factors which are not within the control of OWNER, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, (1984) 37 Cal.3d 465, that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties' agreement, it is the parties' intent to cure that deficiency by acknowledging and providing that OWNER shall have the right to develop the Property in such order and at such rate and at such times as OWNER deems appropriate within the exercise of its subjective business judgment, subject only to any timing or phasing requirements set forth in the Development Plan or the Phasing Plan.

3.4 Enhanced Environmental Measures; Development of the Property shall be subject to all timing and phasing requirements established by the Development Plan, except that OWNER has committed to implement certain environmental measures in conjunction with the Project's future operation such that:
(a) To the extent that a building permit has not been issued for the Project and construction commenced in reliance on a building permit by December 31, 2026, OWNER acknowledges and agrees that OWNER shall cause the Project to achieve 110% of the WAIRE Points Compliance Obligation for the Project for a period of five (5) years under the current standards (May 7, 2021) of the South Coast Air Quality Management District's Rule 2305 Warehouse Indirect Source Rule. (b) To the extent that a building permit has not been issued for the Project and construction commenced in reliance on a building permit by December 31, 2031, OWNER acknowledges and agrees that OWNER shall cause the Project to achieve, in the City's sole discretion, for a period of five (5) years, either (i) 125% of the WAIRE Points Compliance Obligation for the Project under the current standards (May 7, 2021) of the South Coast Air Quality Management District's Warehouse Indirect Source Rule or (ii) 110% of the WAIRE Points Compliance Obligation for the Project under the standards for the South Coast Air Quality Management District's Warehouse Indirect Source Rule in effect at the time of the Project's first building permit issuance. Evidence of the increased WAIRE Points Compliance Obligation for the Project being met shall be promptly provided by OWNER to CITY based on written correspondence from South Coast Air Quality Management District.
(c) OWNER acknowledges and agrees to make a payment to CITY in the amount of $20,000 upon the issuance of the first building permit for the Project for 47

CITY's time and oversight in ensuring that activities are conducted in a manner designed and intended to achieve compliance with the requirements of 3.4 (a) and, if applicable, 3.4 (b).
(d) OWNER acknowledges and agrees, to the extent that a permit has not been issued of the Project's building by December 31, 2030, to make a further payment to CITY in the amount of $20,000 upon the issuance of a building permit for its time and oversight in ensure that operational activities occurring on the Property on or after January 1, 2031, are conducted in a manner so as to achieve 125% of the WAIRE Points Compliance Obligation for the Project. Evidence of the increased WAIRE Points Compliance Obligation for the Project being met shall be provided by OWNER to CITY based on written correspondence from South Coast Air Quality Management District. (e) To the extent that South Coast Air Quality Management District's Rule 2305 (Warehouse Indirect Source Rule) has been voided, lapsed, or otherwise ceases to exist, OWNER acknowledges and agrees that for the term of this Agreement, OWNER shall continue to meet 100% of the WAIRE Points Compliance Obligation for the Project under the current standards of the Warehouse Indirect Source Rule.

3.5 Changes and Amendments. The parties acknowledge that refinement and further development of the Project will require Subsequent Development Approvals and may demonstrate that changes are appropriate and mutually desirable in the Existing Development Approvals. In the event OWNER finds that a change in the Existing Development Approvals is necessary or appropriate, OWNER shall apply for a Subsequent Development Approval to effectuate such change and CITY shall process and act on such application in accordance with the Existing Land Use Regulations, except as otherwise provided by this Agreement including the Reservations of Authority. If approved, any such change in the Existing Development Approvals shall be incorporated herein as Exhibit "C", and may be further changed from time to time as provided in this Section. Unless otherwise required by law, as determined in CITY's reasonable discretion, a change to the Existing Development Approvals shall be deemed "minor" and not require an amendment to this Agreement provided such change does not:
(a) Alter the permitted uses of the Property as a whole; or, (b) Increase the density or intensity of use of the Property as a whole; or,
(c) Increase the maximum height and size of permitted buildings; or, (d) Delete a requirement for the reservation or dedication of land for public purposes within the Property as a whole; or,
(e) Constitute a project requiring a subsequent or supplemental environmental impact report pursuant to Section 21166 of the Public Resources Code.

3.6 Reservations of Authority.
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3.6.1 Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the development of the Property.
(a) Processing fees and charges of every kind and nature imposed by CITY to cover the estimated actual costs to CITY of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued.
(b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure.
(c) Regulations governing construction standards and
specifications including, without limitation, the CITY's Building Code, Plumbing Code, Mechanical Code, Electrical Code, Fire Code and Grading Code. (d) Regulations imposing Development Exactions; provided, however, that no such subsequently adopted Development Exaction shall be applicable to development of the Property unless such Development Exaction is applied uniformly to development, either throughout the CITY or within a defined area of benefit which includes the Property. No such subsequently adopted Development Exaction shall apply if its application to the Property would physically prevent development of the Property for the uses and to the density or intensity of development set forth in the Development Plan. In the event any such subsequently adopted Development Exaction fulfills the same purposes, in whole or in part, as the fees set forth in Section 4 of this Agreement, CITY shall allow a credit against such subsequently adopted Development Exaction for the fees paid under Section 4 of this Agreement to the extent such fees fulfill the same purposes.
(e) Regulations which may be in conflict with the Development Plan but which are reasonably necessary to protect the public health and safety. To the extent possible, any such regulations shall be applied and construed so as to provide OWNER with the rights and assurances provided under this Agreement. (f) Regulations which are not in conflict with the Development Plan. Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Property shall be deemed to conflict with the Development Plan and shall therefore not be applicable to the development of the Property. (g) (g) Regulations which may conflict with this Agreement or the Development Plan, but to which the OWNER consents in writing.

3.6.2 Subsequent Development Approvals. This Agreement shall not prevent CITY, in acting on Subsequent Development Approvals, from applying Subsequent Land Use Regulations which do not conflict with the Development Plan, nor shall this Agreement prevent CITY from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing Land Use Regulations or any Subsequent Land Use Regulation not in conflict with the Development Plan. 49

3.6.3 Modification or Suspension by State or Federal Law. In the event that State or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations, provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce.

3.6.4 Intent. The parties acknowledge and agree that CITY is restricted in its authority to limit its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to CITY all of its police power which cannot be so limited. This Agreement shall be construed, contrary to its stated terms if necessary, to reserve to CITY all such power and authority which cannot be restricted by contract.

3.7 Public Works. If OWNER is required by this Agreement to construct any public works facilities which will be dedicated to CITY or any other public agency upon completion, and if required by applicable laws to do so, OWNER shall perform such work in the same manner and subject to the same requirements as would be applicable to CITY or such other public agency should it have undertaken such construction.

3.8 Provision of Real Property Interests by CITY. In any instance where OWNER is required to construct any public improvement on land not owned by OWNER, OWNER shall at its sole cost and expense provide or cause to be provided, the real property interests necessary for the construction of such public improvements.

In the event OWNER is unable, after exercising reasonable efforts, including, but not limited to, the rights under Sections 1001 and 1002 of the Civil Code, to acquire the real property interests necessary for the construction of such public improvements, and if so instructed by OWNER and upon OWNER'S provision of adequate security for costs CITY may reasonably incur, CITY shall negotiate the purchase of the necessary real property interests to allow OWNER to construct the public improvements as required by this Agreement and, if necessary, in accordance with the procedures established by law, use its power of eminent domain to acquire such required real property interests. OWNER shall pay all costs associated with such acquisition or condemnation proceedings. This section 3.8 is not intended by the parties to impose upon the OWNER an enforceable duty to acquire land or construct any public improvements on land not owned by OWNER, except to the extent that the OWNER elects to proceed with the development of the Project, and then only in accordance with valid conditions imposed by the CITY upon the development of the Project under the Subdivision Map Act or other legal authority.

3.9 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of CITY possess authority to regulate aspects of the development of the Property separately from or jointly with CITY and this Agreement does not limit the authority of such other public agencies.

3.12 Utilities. The Project shall be connected to all utilities necessary to provide adequate water, sewer, gas, electric, and other utility service to the Project. 50

OWNER shall contract with the CITY for CITY-owned or operated utilities serving the Project for such prices and on such terms as may be mutually agreed to between the parties.

4. DEFAULT AND REMEDIES.

4.1 Remedies in General. It is acknowledged by the parties that CITY would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof.

In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that CITY shall not be liable in damages to OWNER, or to any successor in interest of OWNER, or to any other person, and OWNER covenants not to sue for damages or claim any damages:
(a) For any breach of this Agreement or for any cause of action which arises out of this Agreement; or
(b) For the taking, impairment or restriction of any right or interest conveyed or provided under or pursuant to this Agreement; or
(c) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement.

4.2 Specific Performance. The parties acknowledge that money damages and remedies at law generally are inadequate and specific performance and other nonmonetary relief are particularly appropriate remedies for the enforcement of this Agreement and should be available to all parties for the following reasons:
(a) Money damages are unavailable against CITY.
(b) Due to the size, nature and scope of the project, it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, OWNER may be foreclosed from other choices it may have had to utilize the Property or portions thereof. OWNER has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate OWNER for such efforts.

4.3 Release. Except for non-damage remedies, including the remedy of specific performance and judicial review as provided for above, OWNER, for itself, its successors and assignees, hereby releases the CITY, its officers, agents and employees 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 Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, 51

whatsoever, upon the CITY because it entered into this Agreement or because of the terms of this Agreement.

4.4 Termination or Modification of Agreement for Default of OWNER. Subject to the provisions contained herein, CITY may terminate or modify this Agreement for any failure of OWNER to perform any material duty or obligation of OWNER under this Agreement including providing CITY with the ability to cancel or fail to renew the business license of OWNER in the event of OWNER's default of its obligations under Section 3.4 of this Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as "Default"); provided, however, CITY may terminate or modify this Agreement pursuant to this Section only after providing written notice to OWNER of Default setting forth the nature of the default and the actions, if any, required by OWNER to cure such Default and, where the Default can be cured, OWNER has failed to take such actions and cure such Default within 60 days after the effective date of such notice or, in the event that such Default cannot be cured within such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such Default within such 60 day period and to diligently proceed to complete such actions and cure such default.

4.5 Termination of Agreement for Default of CITY. OWNER may terminate this Agreement only in the event of a default by CITY in the performance of a material term of this Agreement and only after providing written notice to CITY of default setting forth the nature of the default and the actions, if any, required by CITY to cure such default and, where the default can be cured, CITY has failed to take such actions and cure such default within 60 days after the effective date of such notice or, in the event that such default cannot be cured within such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default.

5. THIRD PARTY LITIGATION.

5.1 General Plan Litigation. CITY has determined that this Agreement is consistent with its Comprehensive General Plan, herein called General Plan, and that the General Plan meets all requirements of law. OWNER has reviewed the General Plan and concurs with CITY's determination.

CITY shall have no liability in damages under this Agreement for any failure of CITY to perform under this Agreement or the inability of OWNER to develop the Property as contemplated by the Development Plan of this Agreement as the result of a judicial determination that on the Effective Date, or at any time thereafter, the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law.

5.2 Third Party Litigation Concerning Agreement. OWNER shall defend, at its expense, including attorneys' fees, indemnify, and hold harmless CITY, its agents, officers and employees from any claim, action or proceeding against CITY, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement. CITY shall promptly notify OWNER of any such claim, action or proceeding, and CITY shall 52

cooperate in the defense. If CITY fails to promptly notify OWNER of any such claim, action or proceeding, or if CITY fails to cooperate in the defense, OWNER shall not thereafter be responsible to defend, indemnify, or hold harmless CITY. CITY may in its discretion participate in the defense of any such claim, action or proceeding.

5.3 Indemnity. In addition to the provisions of 5.2 above, OWNER shall indemnify and hold CITY, its officers, agents, employees and independent contractors free and harmless from any liability whatsoever, based or asserted upon any act or omission of OWNER, its officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury, or death (OWNER's employees included) or any other element of damage of any kind or nature, relating to or in any way connected with or arising from the activities contemplated hereunder, including, but not limited to, the study, design, engineering, construction, completion, failure and conveyance of the public improvements, save and except claims for damages arising through the sole active negligence or sole willful misconduct of CITY. OWNER shall defend, at its expense, including attorneys' fees, CITY, its officers, agents, employees and independent contractors in any legal action based upon such alleged acts or omissions. CITY may in its discretion participate in the defense of any such legal action.

5.4 Environment Assurances. OWNER shall indemnify and hold CITY, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of OWNER, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and OWNER shall defend, at its expense, including attorneys' fees, CITY, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. CITY may in its discretion participate in the defense of any such action.

5.5 Reservation of Rights. With respect to Sections 5.2, 5.3 and 5.4 herein, CITY reserves the right to either (1) approve the attorney(s) which OWNER selects, hires or otherwise engages to defend CITY hereunder, which approval shall not be unreasonably withheld, or (2) conduct its own defense, provided, however, that OWNER shall reimburse CITY forthwith for any and all reasonable expenses incurred for such defense, including attorneys' fees, upon billing and accounting therefor.

5.6 Survival. The provisions of this Sections 3.4, and 5.1 through 5.6, inclusive, shall survive the termination of this Agreement, and for such purposes this Agreement shall remain recorded in the office of San Bernardino County Recorder in the event the enhanced environmental measures obligations set forth in Section 3.4 have been triggered and only for so long as the enhanced environmental measures obligations are effective.

6. MORTGAGEE PROTECTION.

The parties hereto agree that this Agreement shall not prevent or limit OWNER, in any manner, at OWNER's sole discretion, from encumbering the Property or any 53

portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. CITY acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with OWNER and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. CITY will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be entitled to the following rights and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee, has submitted a request in writing to the CITY in the manner specified herein for giving notices, shall be entitled to receive written notification from CITY of any default by OWNER in the performance of OWNER's obligations under this Agreement.
(c) If CITY timely receives a request from a mortgagee requesting a copy of any notice of default given to OWNER under the terms of this Agreement, CITY shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to OWNER. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement.
(d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of OWNER's obligations or other affirmative covenants of OWNER hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by OWNER is a condition precedent to the performance of a covenant by CITY , the performance thereof shall continue to be a condition precedent to CITY's performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.4 of this Agreement.

7. MISCELLANEOUS PROVISIONS.

7.1 Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the County Recorder by the City Clerk within the period required by Section 65868.5 of the Government Cede.

7.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written 54

representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.

7.3 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, including the payment of the fees set forth therein, are essential elements of this Agreement and CITY would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever.

7.4 Governing Law; Interpretation. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof.

7.5 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.

7.6 Singular and Plural. As used herein, the singular of any word includes the plural.

7.7 Joint and Several Obligations. If at any time during the term of this Agreement the Property is owned, in whole or in part, by more than one OWNER, all obligations of such OWNERS under this Agreement shall be joint and several, and the default of any such OWNER shall be the default of all such OWNERS. Notwithstanding the foregoing, no OWNER of a single lot which has been finally subdivided and sold to such OWNER as a member of the general public or otherwise as an ultimate user shall have any obligation under this Agreement except as provided under Section 4 hereof.

7.8 Time of Essence. Time is of the essence in the performance of .the provisions of this Agreement as to which time is an element.

7.9 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter.
55

7.10 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement.

7.11 Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, epidemics, pandemics, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party's control, (including the party's employment force), government regulations, court actions (such as restraining orders or injunctions), or other causes beyond the party's control. If any such events shall occur, the term of this Agreement and the time for performance by either party of any of its obligations hereunder may be extended by the written agreement of the parties for the period of time that such events prevented such performance, provided that the term of this Agreement shall not be extended under any circumstances for more than five (5) years.

7.12 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party.

7.13 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and, (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof.

7.14 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument.

7.15 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of San Bernardino, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court.

7.16 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between CITY and OWNER is that of a government entity regulating the development of private property and the owner of such property. 56

7.17 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement.

7.18 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by CITY of its power of eminent domain.

7.19 Aqe,nt for Service of Process. In the event OWNER is not a resident of the State of Caiifornia or it is an association, partnership or joint venture without a member, partner or joint venture resident of the State of California, or it is a foreign corporation, then in any such event, OWNER shall file with the Planning Director, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon OWNER. If for any reason service of such process upon such agent is notfeasible, then in such event OWNER may be personally served with such process out of this County and such service shall constitute valid service upon OWNER. OWNER is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto. OWNER for.itself, assigns and successors hereby waives the provisions of the Hague Convention (Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638).

7.20 Authority to Execute. The person or persons executing this Agreement on behalf of OWNER warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind OWNER to the performance of its obligations hereunder.

IN WITNESS WHEREOF, the parties hereto have executed this Development Agreement on the last day and year set forth below.

OWNER: PROLOGIS EXCHANGE 11115
By: ELLC
Christian Cochrun
lts:Vf Div fi lCJG'/J1 0 '{J1'L.,
Dated:.3 /;).() 4
SEE
ATTACHED 57

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
-;(',G(',G(',c(',G(' @<',G(',G(',&'£('£(',C(',G(',G(',G(',(X-fl',C(',c(>f';(.,G(',c(',(X-,C(',G(',G(',G(',G(',G(',G(',G(',G(',G(',;x,,.x',C(',CC,G(',G(',G(',e<'.fl'-,e(',G(',G(',< State of California
County of San Bernardino
On March 28, 2024
Date
before me, Brent Philip Guerrero, Notary Public
Here Insert Name and Title of the Officer
personally appeared Christian Cochrun
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official
Signature .¾
Signature of ublic
Place Notary Seal Above
----------------OPTIONAL----------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Development Agreement (ARG) NO. 24-002 Document Date: March 28, 2024 Number of Pages: _2_8
Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name: _C_hr_is_tia_n_C_oc_h_ru_n
Corporate Officer - Title(s): VP, Development Officer
□ Partner - □Limited □ General
□Individual □ Attorney in Fact
□ Trustee □ Guardian or Conservator
□Other:

Signer Is Representing: P_ro_lo g is
Signer's Name: _
□ Corporate Officer - Title(s):
□ Partner - □Limited □ General
□Individual □ Attorney in Fact
□ Trustee □ Guardian or Conservator
□ Other:

Signer Is Representing:

L;.(,.,g(,-g:.'Q(,.'§K,. y., 'Q(,--g;.
©2015 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Notary Public • Californiaz
S.in rnardino County
Commission# 2403382
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. 58

CITY:

CITY OF FONTANA, a California
municipal corporation
By: _
Acquanetta Warren, Mayor
Dated:

By: _
Matthew C. Ballantyne, City Manager
ATTEST:

By: _
Germaine Key, City Clerk
APPROVED AS TO LEGAL FORM:

BEST BEST & KRIEGER LLP
Ruben Duran, City Attorney
59

7 ACKNOWLEDGMENT
State of California
County of )
On before me
personally appeared , '( nis e rt:-;n:;-::a m:::e a=-nd::;--;-:ti-;-;-tle-othf-_:-e:_o_ff_i-ce r_) ------------------------------------------------------------------------------------------------------------ ' 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)
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.
60 EXHIBIT A

LEGAL DESCRIPTION
THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS:

REAL PROPERTY IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

PARCEL 1:

PARCEL A AS SHOWN ON CERTIFICATE OF COMPLIANCE FOR A LOT LINE ADJUSTMENT LLA NO. 98-01, AS EVIDENCED BY DOCUMENT RECORDED APRIL 01, 1998 AS INSTRUMENT NO. 19980121425 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

ALL OF LOT 964 OF MAP SHOWING SUBDIVISION OF LANDS BELONGING TO THE SEMI-TROPIC LAND AND WATER COMPANY, ON FILE IN BOOK 11 OF MAPS AT PAGE 12, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA.

EXCEPTING THEREFROM THE SOUTH 310 FEET.

PARCEL 2:

PARCEL B AS SHOWN ON CERTIFICATE OF COMPLIANCE FOR A LOT LINE ADJUSTMENT LLA NO. 98-01, AS EVIDENCED BY DOCUMENT RECORDED APRIL 01, 1998 AS INSTRUMENT NO. 19980121425 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

ALL OF LOT 965 OF MAP SHOWING SUBDIVISION OF LANDS BELONGING TO THE SEMI-TROPIC LAND AND WATER COMPANY, ON FILE IN BOOK 11 OF MAPS AT PAGE 12, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA, TOGETHER WITH THE SOUTH 310 FEET OF LOT 964 OF MAP SHOWING

SUBDIVISION OF LANDS BELONGING TO THE SEMI-TROPIC LAND AND WATER COMPANY, ON FILE IN BOOK 11 OF MAPS AT PAGE 12, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA.
29 of 33
61 EXHIBIT B

PROPERTY LOCATION
30 of 33
62 Exhibit C - Development Approvals (Tentative Parcel Map ) 31 of 33
63 Exhibit C - Development Approvals (Site Plan)
32 of 33
64 Exhibit C - Development Approvals (Elevations)
33 of 33 65
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3037 Agenda Date: 5/28/2024
Agenda #: C. Category: Consent Calendar
FROM:

Planning Department
SUBJECT:

Adoption of Ordinance No. 1951 (Second Reading), an update to the Fontana Zoning and Development Code
RECOMMENDATION:

Adoption of Ordinance No. 1951 on Second Reading, approving Master Case No. 24-019 and Municipal Code Amendment No. 24-001 to amend multiple sections of Chapter 30 of the Fontana Zoning and Development Code, including amendments to sections 30-41, 30-43, 30-80, 30-215, 30- 217, 30-302.2, and 30-643 to remove references to the Development Advisory Board; Sections 30- 285 and 30-294 to correct noticing verbiage related to Tentative Maps; Sections 30-362 through 30- 370 and 30-378 through 30-380 to remove Form Based Code maximum lot dimensions and add language to allow common and public open space for projects over two acres in the Form Base Code; Section 30-404 to provide common open space amenity options; Section 30-467 to remove ADU owner occupancy requirements consistent with state law; and Section 30-530 to remove certain “all other” use categories permitted in industrial zoning districts; and the reading of the title constitutes the first thereof.

COUNCIL GOALS:
· Promote economic development by concentrating on job creation. · To promote economic development by pursuing business retention, expansion, and attraction. · To promote economic development by striving to constantly improve the city's competitiveness.

DISCUSSION:

Ordinance No. 1951 was introduced by a vote of 4-0 at the May 14, 2024, Regular City Council meeting.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 5/22/2024
powered by Legistar™ 66

ORDINANCE NO. 1951

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

FONTANA, CALIFORNIA, APPROVING MUNICIPAL CODE
AMENDMENT NO. 24-001 TO AMEND MULTIPLE
SECTIONS OF CHAPTER 30 (FONTANA ZONING AND

DEVELOPMENT CODE) INCLUDING AMENDMENTS TO
SECTIONS 30-41, 30-43, 30-80, 30-215, 30-217, 30-302.2, AND 30-643 TO REMOVE REFERENCES TO THE
DEVELOPMENT ADVISORY BOARD; SECTIONS 30-285
AND 30-294 TO CORRECT NOTICING VERBIAGE
RELATED TO TENTATIVE MAPS; SECTIONS 30-362
THROUGH 30-370 AND 30-378 THROUGH 30-380 TO

REMOVE FORM BASED CODE MAXIMUM LOT

DIMENSIONS AND ADD LANGUAGE TO ALLOW COMMON

AND PUBLIC OPEN SPACE FOR PROJECTS OVER TWO
ACRES IN THE FORM BASED CODE; 30-404 TO PROVIDE
COMMON OPEN SPACE AMENITY OPTIONS; 30-467 TO

REMOVE ADU OWNER OCCUPANCY REQUIRMENTS
CONSISTENT WITH STATE LAW; AND 30-530 TO REMOVE
CERTAIN “ALL OTHER” USES PERMITTED USES IN

INDUSTRIAL ZONING DISTRICTS, PURSUANT TO A

CATEGORICAL EXEMPTION IN ACCORDANCE WITH
CEQA GUIDELINES SECTIONS 15060(C) AND 16051(B)(3).

WHEREAS, pursuant to article XI, section 5 of the California Constitution and Government Code section 37100, the legislative body of a city may pass ordinances not in conflict with the Constitution and laws of the State or the United States; and WHEREAS, Government Code sections 50022.1 to 50022.10 authorizes a city to codify and recodify its ordinances; and
WHEREAS, the City of Fontana (“City”) desires to restate without substantive revision, amend and recodify certain ordinances codified in the Fontana Municipal Code (“Code”); and
WHEREAS, the General Plan includes policies and actions calling for numerous updates to the Code; and
WHEREAS, Section 30-41. – “Pre-application meeting.” is amended to remove references to the Development Advisory Board (DAB); and WHEREAS, Section 30-43. – “Development Advisory Board (DAB) review.” Reserved, is being deleted; and
67

WHEREAS, Section 30-80. – “Development Advisory Board (DAB) review.” Reserved, is being deleted; and
WHEREAS, Section 30-215. – “Pre-application meeting.” is amended to remove references to the Development Advisory Board (DAB); and WHEREAS, Section 30-217. – “Development Advisory Board (DAB) review.” Reserved, is being deleted; and
WHEREAS, Section 30-285 – “Noticing.” is amended to remove erroneous verbiage “minor use permits” from this section; and
WHEREAS, Section 30-294 – “Noticing.” is amended to remove erroneous verbiage “minor use permits” from this section; and
WHEREAS, Section 30-302.2 – “Finance and conveyance maps.” will be amended to remove references to the Development Advisory Board; and WHEREAS, Section 30-362 – “Station area district.” is amended to remove maximum lot width and depth dimensions and add language regarding common and public open space for projects over two acres; and
WHEREAS, Section 30-363 – “Downtown gateway district.” is amended to remove maximum lot width and depth dimensions and add language regarding common and public open space; and
WHEREAS, Section 30-364 – “Neighborhood district.” is amended to remove maximum lot width and depth dimensions and add language regarding common and public open space; and
WHEREAS, Section 30-365 – “Multi-family district.” is amended to remove maximum lot width and depth dimensions and add language regarding common and public open space; and
WHEREAS, Section 30-366 – “Transitional district.” is amended to remove maximum lot width and depth dimensions and add language regarding common and public open space; and
WHEREAS, Section 30-367 – “Sierra gateway district.” is amended to remove maximum lot width and depth dimensions and add language regarding common and public open space; and
WHEREAS, Section 30-368 – “Route 66 gateway district.” is amended to remove maximum lot width and depth dimensions and add language regarding common and public open space; and
68

WHEREAS, Section 30-369 – “Valley gateway district.” is amended to remove maximum lot width and depth dimensions and add language regarding common and public open space; and
WHEREAS, Section 30-370 – “Village gateway district.” is amended to remove maximum lot width and depth dimensions and add language regarding common and public open space; and
WHEREAS, Section 30-378 – “Hybrid.” is amended to remove maximum lot width and depth dimensions; and
WHEREAS, Section 30-379 – “Flex building.” is amended to remove maximum lot width and depth dimensions; and
WHEREAS, Section 30-380 – “Liner building.” is amended to remove maximum lot width and depth dimensions; and
WHEREAS, Section 30-404 – “General requirements.” is amended to identify common open space amenities; and
WHEREAS, Sec. 30-467 – “Accessory dwelling units and junior accessory dwelling units.” is amended to remove references to Owner Occupancy in compliance with Government Code section 66315; and
WHEREAS, Section 30-530 – “Uses permitted.” Is amended to remove certain broad categories of permitted uses within industrial zoning districts; and WHEREAS, Section 30-643 – “Minimum development standards.” is amended to remove references to the DAB; and
WHEREAS, State law requires Zoning regulations to be consistent with the General Plan and therefore updating the Municipal Code would contribute to consistency with the General Plan; and
WHEREAS, a notice of the public hearing was published in the local newspaper on Saturday, May 3, 2024 and simultaneously displayed at City Hall; and WHEREAS, on March 19, 2024, the Fontana Planning Commission (“Planning Commission”) held a public meeting on amendments to sections 30-41, 30-43, 30-80, 30- 215, 30-217, 30-302.2, 30-643, 30-285, 30-294, 30-362 through 30-370, 30-378 through 30-380, 30-404, 30-467 and 30-30 (together “MCA No. 24-001”) where they received evidence and public testimony on the amendments and recommended that the Fontana City Council (“City Council”) determine that the amendments qualify for a categorical exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15061(B)(3) (the common-sense exemption), and Sections No. 3.01,

3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA. This Ordinance is 69

nonetheless exempt from the requirements of 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 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
WHEREAS, the Planning Commission carefully considered all evidence and testimony presented at its public hearing on March 19, 2024 and recommended that the City Council approve the modifications to the Zoning and Development Code; and WHEREAS, the amendments in MCA No. 24-001 are consistent and compatible with the General Plan and are in line with goals, policies and objectives of the City; the Housing Element policies and the Zoning and Development Code; and WHEREAS, the amendments in MCA No. 24-001 will be in conformity with appropriate land use practices and will establish appropriate development standards for the land use designations; and
WHEREAS, the amendments in MCA No. 24-001 are attached here to as Exhibit “A” and incorporated herein by reference, will not be detrimental to the public health, safety and general welfare, nor will it adversely affect the orderly development of property; and
WHEREAS, the amendments in MCA No. 24-001 will better express the City’s policies and will generally promote good land use planning and regulation; and WHEREAS, On May 3, 2024, the Fontana Planning Department published the item in the local newspaper; and
WHEREAS, on May 14, 2024, the City Council held a public meeting on MCA No. 24-001 where City Council received evidence and public testimony pertaining to the Zoning and Development Code amendments; and
WHEREAS, the City Council carefully considered all information pertaining to MCA No. 24-001 that was presented at its public hearing on May 14, 2024; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
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SECTION 1. Recitals. The recitals are true, correct and incorporated herein by this reference.

SECTION 2. CEQA. The City Council hereby determines that this project qualifies for a categorical exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(c), 15061(B)(3) (the common-sense exemption), and 15378 and Sections No. 3.01, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA, as implementation of this Ordinance is to improve the environment.

SECTION 3. Development Code Amendment Findings. The City Council hereby makes the following findings for Municipal Code Amendment No. 24-001 accordance with Section 30-40 “Purpose” of the Fontana Zoning and Development Code:

Finding: A Zoning and Development Code may be amended by changing the development standards (text) or zoning designation map boundaries of any zone whenever such an amendment is
deemed necessary to protect or promote the public's health, safety or general welfare or when modification is viewed as appropriate in the context of generally accepted planning principles, surrounding land uses, and the General Plan.

Findings of Fact: The City initiated the Code amendment to amend Chapter 30 to modify multiple sections, including amendments to sections 30-41, 30-43, 30-80, 30-215, 30-217, 30-302.2, and 30-643 to remove references to the DAB; Sections 30-285 and 30-294 to correct erroneous references to minor use permits; Sections 30-362 through 30-380 to remove Form Based Code maximum lot dimensions and add language to allow common and public open space for projects over two acres; 30-404 to provide common open space amenity options; 30-467 to remove ADU owner occupancy requirements consistent with state law; and 30-530 to remove certain permitted uses in Industrial Zoning Districts. These amendments would provide clarity, eliminate inconsistencies, streamline City processes, and improve the implementation of the Code which is beneficial to the community to promote public welfare and furthers good planning principals. The amendments will provide flexibility to various development standards which will allow for various housing developments and promote the public’s health and safety or general welfare.

SECTION 4. Development Code Amendment Approval. Based on the foregoing, the City Council hereby approves the amendments as set forth in MCA No. 24-001, which is attached hereto as Exhibit “A” and incorporated herein by reference as fully set forth herein.
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SECTION 5. Effective Date/Publication. This Ordinance shall take effect thirty (30) days after the date of the adoption and prior to the expiration of fifteen (15) days from the passage thereof, shall be published by the City Clerk at least once in the Fontana Herald News, a local newspaper of the general circulation, published and circulated in the City of Fontana, and henceforth and thereafter the same shall be in full force and effect.

SECTION 6. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian or records is the City Clerk.

SECTION 7. Certification. The City Clerk of the City Council shall certify to the adoption of this Ordinance.

SECTION 8. Severability. If any provision of this Ordinance or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application.

APPROVED AND ADOPTED this 14th day of May 2024.

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 14th day of May 2024, and was finally passed and adopted not less than five days thereafter on the 28th day of May 2024, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________________
City Clerk of the City of Fontana
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_________________________________________
Mayor of the City of Fontana
ATTEST:
_________________________________________
City Clerk
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“EXHIBIT A”
Below are the Amendments to Chapter 30 of the Municipal Code. Deletions are shown as strike outs. Additions are shown as underlines.

Sec. 30-41. - Pre-application meeting.

Prior to the filing of an application for a Development Code and/or zoning district map amendment, the applicant or the applicant's representative shall apply for a preapplication meeting application. The pre-application meeting is presented to the Development Advisory Board Director of Planning for recommendation for the project.

The recommendation should be incorporated into the project prior to filing the formal application.

Sec. 30-43. - Development Advisory Board (DAB) review. Reserved.

All application for Development Code and/or zoning district map amendments shall be reviewed by the Development Advisory Board (DAB) to provide recommendation for the project. The recommendation should be incorporated into the project prior to moving forward to the approval body.

Sec. 30-80. - Development Advisory Board (DAB) review. Reserved.

All application for administrative site plan, major shall be reviewed by the Development Advisory Board (DAB) to provide recommendation for the project. The recommendation should be incorporated into the project prior to moving forward to the approval body.

Sec. 30-215. - Pre-application meeting.

Prior to the filing of an application for a variance, major, the applicant or the applicant's representative shall hold a pre-application meeting with the Director of Community Development and the Development Advisory Board apply for a preapplication conference with Director of Planning. Projects determined minor in nature may be waived of this process by the Director of Planning.

Sec. 30-217. - Development Advisory Board (DAB) review. Reserved.

All application for variance, major shall be reviewed by the Development Advisory Board (DAB) to provide recommendation for the project. The recommendation should be incorporated into the project prior to moving forward to the approval body.

Sec. 30-285. - Noticing.

Notice of hearings for minor use permit tentative parcel map modification shall be as set forth in Division 4, of this article herein.
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Sec. 30-294. - Noticing.

Notice of hearings for minor use permit tentative tract map modification shall be as set forth in Division 4, of this article herein.

Sec. 30-302.2. - Finance and conveyance maps.
(a) Purpose. The purpose and intent is to provide procedures for the implementation of Government Codes relative to Finance and Conveyance Maps. Specific procedures as outlined in Division 21 of this article and Chapter 26; the administrative procedures are herein.
(b) Authority. The Director of Planning is authorized to approve or deny finance and conveyance map applications.
(c) Application. An application for a finance and conveyance map shall be filed with the Planning Department in a manner prescribed by the Director of Planning. (d) Reserved. Development Advisory Board (DAB) review. All application for a finance and conveyance map shall be reviewed by the Development Advisory Board (DAB) to provide recommendation for the project. The recommendation should be incorporated into the project prior to moving forward to the approval body. (e) Findings for approval. The Director of Planning shall make the findings identified in Chapter 26 before granting approval of a finance and conveyance map application. (f) Noticing. Notice of hearings for finance and conveyance maps shall be as set forth in Division 4, of this article herein.
(g) Hearing. Upon receipt of a complete application for the project a time and place for the hearing before the Director of Planning shall be set. (h) Appeal. The decision of the Director of Planning shall be final unless an appeal is filed. An appeal could be made to the Planning Commission as set forth in Division 5, of this article herein.
(i) Time limitations. Each finance and conveyance map approval granted under this article shall become null and void pursuant to the time limitation identified in Chapter

26. Sec. 30-362. Station area district.

The station area district includes the Metrolink station and Omnitrans bus terminal as the primary anchors. This area provides a transition between the retail district, the south Sierra gateway district and Chaffey College.

Residential or
Mixed-Use Density
Minimum Maximum
15 units/acre 39
units/acre
Commercial
Floor Area Ratio
(without a residential component)
— 2.0
Setback Building setback from PL
Front Side/Rear
75

Min. (ft.) Max. (ft) Min. (ft.)
i. Front Street 0 10 -
ii. Side Street 0 10 -
iii. Side (Interior) - - 0
iv. Rear yard - - 5
railadjacent - - 10
Allowed
Building Types
Min Max
Stories/ft. Lot W/D Stories/ft. Lot W/D
Court 1/18 100/100 4/55 150/150
Flex 2/30 25/100 4/55 400/150
Hybrid 2/30 150/160 4/55 400/150
Liner 2/30 100/100 4/55 200/150
Live/Work 2/24 75/80 3/40 150/150
Frontage Coverage 50% minimum
Story Height
Ground Floor Upper Stories
Min. Height 12 ft. Minimum Height 10 ft.

Common Open
Space/Amenities
Development projects over two acres shall develop 5 percent of the site as common open space or public open space.*
*See Article III (Form Based Code), Division 10 of the Zoning and Development Code.

Sec. 30-363. Downtown gateway district.

The downtown gateway district is primarily intended for commercial retail and personal service uses. New development should incorporate pedestrian elements to help serve as a transition to surrounding land uses.

Residential or
Mixed-Use Density
Minimum Maximum
15 units/acre 39 units/acre
Commercial
Floor Area Ratio
(without a residential component)
— 2.0
Setback Building setback from PL
Front Side/Rear
Min.
(ft.)
Max.
(ft)
Min. (ft.)
i. Front Street 5 35 -
ii. Side Street 5 20 -
iii. Side (Interior) - - 0
iv. Rear yard - - 15
76

Allowed
Building Types
Min Max
Stories/ft. Lot W/D Stories/ft. Lot W/D
Flex 2/30 25/100 5/70 400/150
Hybrid 3/40 150/160 5/70 400/150
Liner 1/24 100/100 5/70 200/150
Live/Work 1/24 75/80 3/40 150/150
Court 2/24 100/100 5/70 150/150
Frontage Coverage 50% minimum
Story Height
Ground Floor Upper Stories
Min. Height 12 ft. Minimum Height 10 ft.

Common Open
Space/Amenities
Development projects over two acres shall develop 5 percent of the site as common open space or public open space.*
*See Article III (Form Based Code), Division 10 of the Zoning and Development Code.

Sec. 30-364. Neighborhood district.

The neighborhood district is an area primarily developed with single-family detached homes. New development should preserve and exemplify the character of existing neighborhoods.

Single-Family Density Minimum Maximum
3 units/acre 5 units/acre
Setback Building setback from PL
Front Side/Rear
Min.
(ft.)
Max.
(ft)
Min. (ft.)
i. Front Street 10 25 -
ii. Side Street 10 20 -
iii. Side (Interior) - - 5
iv. Rear yard - - 10
Allowed
Building Types
Min Max
Stories/ft. Lot W/D Stories/ft. Lot W/D
Single Family 1/15 50/75 3/40 75/100
Flex
(non-residential
only)
1/24 — 3/40 —
Common Open
Space/Amenities
Development projects over two acres shall develop 5 percent of the site as common open space or public open space.*
*See Article III (Form Based Code), Division 10 of the Zoning and Development Code. 77

Sec. 30-365. Multi-family district.

The multi-family district provides higher densities focused along the fringe of the more urban development. New development should incorporate increased density with architectural design and materials that exemplify one of the designated architectural styles.

Multi-Family Density Minimum Maximum
12 units/acre 39 units/acre
Setback Building setback from PL
Front Side/Rear
Min.
(ft.)
Max.
(ft)
Min. (ft.)
i. Front Street 5 20 -
ii. Side Street 5 10 -
iii. Side (Interior) - - 0
iv. Rear yard - - 10
Allowed
Building Types
Min Max
Stories/ft. Lot W/D Stories/ft. Lot W/D
Court 1/18 100/100 4/55 200/200
Liner 1/24 100/100 4/55 200/200
Rowhouse 2/24 125/125 3/40 125/150
Rosewalk &
Bungalow Court
1/18 100/100 2/40 200/200
Duplex,
Multiplex
1/18 50/100 3/40 75/150
Flex 1/24 — 3/40 —
Frontage Coverage 50% minimum
Story Height
Ground Floor Upper Stories
Min. Height 12 ft. Minimum Height 10 ft.

Common Open
Space/Amenities
Development projects over two acres shall develop 5 percent of the site as common open space or public open space.*
*See Article III (Form Based Code), Division 10 of the Zoning and Development Code.

Sec. 30-366. Transitional district.

The transitional district is adjacent to more intense commercial uses providing a transition to more sensitive uses, such as residential. This district includes a mixture of commercial office, retail, personal services, and residential. 78

Multi-Family or Mixed-Use Density Minimum Maximum
12 units/acre 39 units/acre
Detached Single-Family Density 3 units/acre 12 units/acre Commercial Floor Area Ratio — 2.0
Setback Building setback from PL
Front Side/Rear
Min.
(ft.)
Max.
(ft)
Min. (ft.)
i. Front Street 10 30 -
ii. Side Street 10 15 -
iii. Side (Interior) - - 5
iv. Rear yard - - 20
Allowed
Building Types
Min Max
Stories/ft. Lot W/D Stories/ft. Lot W/D
Court 2/30 100/100 3/40 150/150
Live/Work 1/18 75/80 3/40 150/150
Rowhouse 1/18 125/125 3/40 125/150
Rosewalk &
Bungalow Court
1/18 75/100 3/40 150/150
Duplex,
Multiplex
1/18 50/100 3/40 75/100
Single Family 1/18 50/100 3/40 —
Frontage Coverage 50% minimum
Story Height
Ground Floor Upper Stories
Min. Height 12 ft. Minimum Height 10 ft.

Common Open
Space/Amenities
Development projects over two acres shall develop 5 percent of the site as common open space or public open space.*
*See Article III (Form Based Code), Division 10 of the Zoning and Development Code.

Sec. 30-367. Sierra gateway district.

The Sierra gateway district is intended to encourage pedestrian-oriented development and land uses. Uses are to include a mix of medium- to high-density residential, retail and services, office, entertainment, education, and open space.

Residential or Mixed-Use Density Minimum Maximum
18 units/acre 39 units/acre
Commercial Floor Area Ratio (without
residential component)
— 2
Setback Building setback from PL
Front Side/Rear
79

Min.
(ft.)
Max.
(ft)
Min. (ft.)
i. Front Street 0 10 -
ii. Side Street 0 10 -
iii. Side (Interior) - - 0
iv. Rear yard - - 5
Allowed
Building Types
Min Max
Stories/ft. Lot W/D Stories/ft. Lot W/D
Flex 1/30 25/100 4/60 400/150
Hybrid 3/40 150/160 5/70 400/150
Liner 1/24 100/100 5/70 200/150
Live/Work 1/24 75/80 3/40 150/150
Rowhouse 2/24 75/80 3/40 150/150
Frontage Coverage 50% minimum
When the development project
is 5 acres or more in size and
does not include any residential
uses, frontage coverage can be
reduced to 25% at the discretion
of the Planning Commission if it
can be determined that the
reduced frontage benefits public
safety.

Story Height
Ground Floor Upper Stories
Min. Height 12 ft. Minimum Height 10 ft.

Common Open
Space/Amenities
Development projects over two acres shall develop 5 percent of the site as common open space or public open space.*
*See Article III (Form Based Code), Division 10 of the Zoning and Development Code.

Sec. 30-368. Route 66 gateway district.

The Route 66 gateway district is primarily intended for commercial retail and personal service uses with incorporated automobile uses that have traditionally been located along the corridor.

Residential or Mixed-Use Density Minimum Maximum
18 units/acre 39 units/acre
Commercial Floor Area Ratio (without a
residential component)
— 2.0
Setback Building setback from PL
Front Side/Rear
80

Min.
(ft.)
Max.
(ft)
Min. (ft.)
i. Front Street 0 10 -
ii. Side Street 0 10 -
iii. Side (Interior) - - 0
iv. Rear yard - - 5
Allowed
Building Types
Min Max
Stories/ft. Lot W/D Stories/ft. Lot W/D
Flex 1/30 25/100 4/60 400/150
Hybrid 3/40 150/160 5/70 400/150
Liner 1/24 100/100 5/70 200/150
Live/Work 1/24 75/80 3/40 150/150
Rowhouse 2/24 75/80 3/40 150/150
Frontage Coverage 50% minimum
Story Height
Ground Floor Upper Stories
Min. Height 12 ft. Minimum Height 10 ft.

Common Open
Space/Amenities
Development projects over two acres shall develop 5 percent of the site as common open space or public open space.*
*See Article III (Form Based Code), Division 10 of the Zoning and Development Code.

Sec. 30-369. Valley gateway district.

The Valley gateway district is intended to encourage pedestrian and transit-oriented development. Land uses should include a mixture of housing types, retail and services, general and medical office, entertainment and education.

Residential or Mixed-Use Density Minimum Maximum
20 units/acre 39 units/acre
Commercial Floor Area Ratio (without
residential component)
— 2.0
Setback Building setback from PL
Front Side/Rear
Min.
(ft.)
Max.
(ft)
Min. (ft.)
i. Front Street 0 10 -
ii. Side Street 0 10 -
iii. Side (Interior) - - 0
iv. Rear yard - - 5
Min Max
81

Allowed
Building Types
Stories/ft. Lot W/D Stories/ft. Lot W/D
Flex 2/30 25/100 5/70 400/150
Hybrid 3/40 150/160 5/70 400/150
Liner 1/24 100/100 5/70 200/150
Live/Work 1/24 75/80 3/40 150/150
Frontage Coverage 50% minimum
Story Height
Ground Floor Upper Stories
Min. Height 12 ft. Minimum Height 10 ft.

Common Open
Space/Amenities
Development projects over two acres shall develop 5 percent of the site as common open space or public open space.*
*See Article III (Form Based Code), Division 10 of the Zoning and Development Code.

Sec. 30-370. Village district.

The Village district is intended to provide an alternative to conventional subdivision development with a mixture of housing types, neighborhood-service retail, and open space.

Residential or Mixed-Use Minimum Maximum

2.1 units/acre 24 units/acre
Commercial Floor Area Ratio (without
residential component)
— 1.0
Setback Building setback from PL
Front Side/Rear
Min.
(ft.)
Max.
(ft)
Min. (ft.)
i. Front Street 10 25 -
ii. Side Street 10 20 -
iii. Side (Interior) - - 5
iv. Rear yard - - 10
Allowed
Building Types
Min Max
Stories/ft. Lot W/D Stories/ft. Lot W/D
Flex 2/30 25/100 5/70 400/150
Hybrid 2/30 150/160 5/70 400/150
Liner 1/24 100/100 5/70 200/150
Live/Work 1/24 75/80 3/40 150/150
Rowhouse 2/24 125/125 3/40 -
Court 2/24 100/100 5/70 150/150
Single Family 1/15 50/75 3/40 75/100
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Duplex,
Multiplex
1/18 50/100 3/40 75/150
Rosewalk or
Bungalow Ct.
1/18 75/100 3/40 150/150
Frontage Coverage 50% minimum
Story Height
Ground Floor Upper Stories
Min. Height 12 ft. Minimum Height 10 ft.

Common Open
Space/Amenities
Development projects over two acres shall develop 5 percent of the site as common open space or public open space.*
*See Article III (Form Based Code), Division 10 of the Zoning and Development Code.

Sec. 30-378. - Hybrid.

Description: A building that combines a point-access portion of the building with a walk-up portion. The building may be designed for occupancy by retail, service, and/or office uses on the ground floor, with upper floors also configured for those uses or for residences.

Allowed
In:

Retail, Station, Downtown Gateway, Sierra Gateway, Route 66 Gateway, Valley Gateway & Village
Lot Size: Width: 150 ft. min./200 ft. max.

Depth: 160 ft. min./250 ft. max.

Pedestrian
Access:

The main entrance to each ground floor is directly from the street.

Entrance to the residential portions of the building is through a dedicated street level lobby, or through a dedicated podium lobby accessible from the street or through a side yard.

Interior circulation to each unit above the second level in double-loaded corrido element of the building is through a corridor of at least six feet in width with recessed doors or seating alcoves/offsets at every 100 feet at a minimum. For other units, it is directly off a common courtyard or through stairs serving up to three dwellings.

Vehicle Access & Parking: Underground garage, surface parking, tuck under parking or a combination of any of the
above.
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Frontages: Porch
Dooryard
Stoop
Arcade
Private Open Space: Minimum width: 8 ft.

Minimum depth: 8 ft.

Minimum area: 64 sq. ft.

This open space is exclusive of the
courtyard and may be located in a
side or rear yard.

Common Courtyard: Recommended width/depth/height
ratio: 1:1 approx.

Width/depth: 20 ft. min.

Building Size & Massing: Length along frontage: 200 ft. max.

Sec. 30-379. - Flex building.

Description: A building type designed for occupancy by retail, service, and/or office uses on the ground floor, with upper floors configured for retail, service, office, and/or residential uses. Second floor units may be directly accessed from the street through a stair; upper floors are accessed through a street level lobby.

Allowed In: Retail, Station, Downtown Gateway, Civic, Sierra Gateway, Route 66 Gateway, Valley Gateway & Village
Lot Size: Width: 400 ft. max.

Depth: 150 ft. max.

Pedestrian
Access:

Direct access from sidewalk. Upper floors accessed from street level.
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Vehicle Access
& Parking:

Required parking is accommodated in an underground or aboveground garage, tuck under parking, or a combination of any of the above.

Frontages: Forecourt
Shopfront
Gallery
Arcade
Private Open
Space:

Private open space is required for each residential unit and shall be no less than 64 sq. ft. with a minimum dimension of five feet in each direction.

Shared Open
Space:

The primary shared common space is the rear or side yard designed as a courtyard. Courtyards can be located on the ground or on a podium and must be open to the sky. Side yards can also be formed to provide outdoor patios connected to ground floor commercial uses.

Recommended width/depth/height ratio: 1:1 approx. Width/depth:
20 ft. min.

Building Size &
Massing:

Length along frontage: 400 ft. max., but if over 200 ft., must provide massing break.

Sec. 30-380. - Liner building.

Description: A building that conceals a garage, or other large-scale faceless building (such as a movie theater), "big box" store or surface parking facility, designed for occupancy by retail, service, and/or office uses on the ground floor, with upper floors configured for retail, service, office, and/or residential uses. The access corridor, if applicable, is included in the minimum depth.
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Allowed In: Retail, Station, Downtown Gateway, Civic, Sierra Gateway, Route 66 Gateway, Valley Gateway & Village
Lot Size: Width: 400 ft. max.

Depth: 150 ft. max.

Pedestrian
Access:

Direct access from sidewalk. Upper floors accessed from street level.

Vehicle Access
& Parking:

Required parking is accommodated in an underground or aboveground garage, tuck under parking, or a combination of any of the above.

Frontages: Forecourt
Shopfront
Gallery
Arcade
Private Open
Space:

Private open space is required for each residential unit and shall be no less than 64 sq. ft. with a minimum dimension of eight feet in each direction.

Shared Open
Space:

The primary shared common space is the rear or side yard designed as a courtyard. Courtyards can be located on the ground or on a podium and must be open to the sky. Side yards can also be formed to provide outdoor patios connected to ground floor commercial uses.

Recommended width/depth/height ratio: 1:1 approx.

Width/depth: 20 ft. min.

Building Size &
Massing:

Length along frontage: 400 ft. max., but Iif over 200 ft., must provide massing break.
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Sec. 30-404. General requirements.
(a) All public open spaces shall abut public right-of-way or be otherwise connected to public sidewalks and shall be open to the public 24 hours per day. At the discretion of the Community Development Director, public access to a public open space may be restricted after dark.
(b) All public open spaces shall be visible from surrounding streets and masses of shrubs around edges shall be avoided.
(c) Common open spaces shall include an amenity such as a tot lot, outdoor sports recreation area, bar-b-que with picnic tables, paseos, or equivalent.

Sec. 30-467. Accessory dwelling units and junior accessory dwelling units. (e) General ADU and JADU requirements. The following requirements apply to all ADUs and JADUs that are approved under subsection (d)(1) or (d)(2) above:
(1) Zoning.
a. An ADU or JADU subject only to a building permit under subsection (d)(1) above may be created on a lot in a residential or mixed-use zone. b. An ADU or JADU subject to an ADU permit under subsection (d)(2) above may be created on a lot that is zoned to allow single-family dwelling residential use or multi-family dwelling residential use.
(2) Height.
a. Except as otherwise provided by subsections (e)(2)(b) and (e)(2)(c) below, a detached ADU created on a lot with an existing or proposed single-family or multi-family dwelling unit may not exceed 16 feet in height. b. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single-family or multi-family dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Public Resources Code § 21155, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
c. A detached ADU created on a lot with an existing or proposed multi-family dwelling that has more than one story above grade may not exceed 18 feet in height.
d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (e)(2)(d) may not exceed two stories. e. For purposes of this subsection (e)(2), height is measured from existing legal grade to the peak of the structure.
(3) Fire sprinklers.
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1. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

2. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
(4) Rental term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created. (5) No separate conveyance. An ADU or JADU may be rented but, except as otherwise provided in Government Code § 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multi-family lot).
(6) Septic system. If the ADU or JADU will connect to an onsite wastewater-treatment system, include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten years. (6) Septic system. If the ADU or JADU will connect to an onsite wastewater-treatment system, include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten years. (7) Owner occupancy. As required by state law, all JADUs are subject to an owneroccupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection (e)(7)(c) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization. a. An ADU that is permitted after January 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirement.
b. Unless applicable law requires otherwise, all ADUs that are permitted on or after January 1, 2025, are subject to an owner-occupancy requirement.

A natural person with legal or equitable title to the property must reside on the property as the person's legal domicile and permanent residence. c. As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owneroccupancy requirement in this subsection (e)(7)(c) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
(87) Deed restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:
88

a. Except as otherwise provided in Government Code § 65852.26, the ADU or JADU may not be sold separately from the primary dwelling. b. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
c. The deed restriction runs with the land and may be enforced against future property owners.
d. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director's determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code. e. The deed restriction is enforceable by the director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit. (98) Income reporting. In order to facilitate the city's obligation to identify adequate sites for housing in accordance with Government Code §§ 65583.1 and 65852.2, the following requirements must be satisfied:
a. With the building-permit application, the applicant must provide the city with an estimate of the projected annualized rent that will be charged for the ADU or JADU.
b. Within 90 days after each yearly anniversary of the issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the city does not receive the report within the 90-day period, the owner is in violation of this Code, and the city may send the owner a notice of violation and allow the owner another 30 days to submit the report.

If the owner fails to submit the report within the 30-day period, the city may enforce this provision in accordance with applicable law. (109) Building and safety.
a. Must comply with building code. Subject to subsection (e)(10)(b) below, all ADUs and JADUs must comply with all local building code requirements. b. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in California Building Code § 310, unless the building official or Code Compliance Department makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (e)(10)(b) prevents the city from changing the occupancy code of a space that was uninhabitable 89

space or that was only permitted for non-residential use and was subsequently converted for residential use in accordance with this section. (f) Specific ADU requirements. The following requirements apply only to ADUs that require an ADU permit under subsection (d)(2) above.
(1) Maximum size.
a. The maximum size of a detached or attached ADU subject to this subsection (f) is 1,200 square feet.
b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling. c. Application of other development standards in this subsection (f), such as lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (f)(1)(b) above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet.

Setbacks.
d. An ADU that is subject to this subsection (f) must conform to an 18-foot frontyard setback, subject to subsection (f)(1)(c) above. e. An ADU that is subject to this subsection (f) must conform to four-foot side- and rear-yard setbacks.
f. No setback is required for an ADU that is subject to this subsection (f) if the ADU is constructed in the same location and to the same dimensions as a legal existing structure.
(2) Lot coverage. No ADU subject to this subsection (f) may cause the total lot coverage of the lot to exceed 50 percent, subject to subsection (f)(1)(c) above. (3) Passageway. No passageway, as defined by subsection (c)(9) above, is required for an ADU.
(4) Parking.
a. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection (c)(12) above.
b. Exceptions. No parking under subsection (f)(4)(a) is required in the following situations:

1. The ADU is located within one-half mile walking distance of public transit, as defined in subsection (c)(11) above.

2. The ADU is located within an architecturally and historically significant historic district.

3. The ADU is part of the proposed or existing primary residence or an accessory structure under subsection (d)(1)(a) above.

4. When on-street parking permits are required but not offered to the occupant of the ADU.

5. When there is an established car share vehicle stop located within one block of the ADU.

6. When the permit application to create an ADU is submitted with an application to create a new single-family or new multi-family dwelling on the 90

same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (f)(4)(b)(1) through (5) above.
c. No replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced. (5) Architectural requirements.
a. The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling.
b. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
c. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
d. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
e. The interior horizontal dimensions of an ADU must be at least ten feet wide in every direction, with a minimum interior wall height of seven feet. f. Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight. g. All windows and doors in an ADU are less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
(6) Landscape requirements. Evergreen landscape screening must be planted and maintained between the ADU, and adjacent parcels as follows:
a. At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24 inch box size plant shall be provided for every ten linear feet of exterior wall.
b. Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed. c. All landscaping must be drought tolerant.
(7) Historical protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.
(g) Fees. The following requirements apply to all ADUs that are approved under subsections (d)(1) or (d)(2) above.
(1) Impact fees.
a. No impact fee is required for an ADU that is less than 750 square feet in size.

For purposes of this subsection (g)(1), "impact fee" means a "fee" under the Mitigation Fee Act (Government Code § 66000(b)) and a fee under the Quimby Act (Government Code § 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service. 91

b. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)
(2) Utility fees.
a. If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required. b. Except as described in subsection (g)(2)(a), converted ADUs on a single-family lot that are created under subsection (d)(1)(a) above are not required to have a new or separate utility connection directly between the ADU and the utility.

Nor is a connection fee or capacity charge required.
c. Except as described in subsection (g)(2)(a), all ADUs that are not covered by subsection (g)(2)(b) require a new, separate utility connection directly between the ADU and the utility.

1. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.

2. The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.
(h) Nonconforming zoning code conditions, building code violations, and unpermitted structures.
(1) Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
(2) Unpermitted ADUs constructed before 2018.
a. Permit to legalize. As required by state law, the city may not deny a permit to legalize an existing, but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:

1. The ADU violates applicable building standards, or

2. The ADU does not comply with the state ADU law (Government Code § 65852.2) or this ADU ordinance (Section 30-467).
b. Exceptions.

1. Notwithstanding subsection (h)(2)(a) above, the city may deny a permit to legalize an existing, but unpermitted ADU that was constructed before January 1, 2018, if the city makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.

2. Subsection (h)(2)(a) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code § 17920.3.
92

Sec. 30-530. Uses permitted.
(a) Uses by zoning district. Table No. 30-530, lists the uses permitted in each of the industrial zoning districts. A "P" indicates the use is permitted by right and requires site and architectural approval; "M" indicates the use requires the granting of a minor use permit; a "C" indicates the use requires a conditional use permit; and "—" means the use is not permitted in that zoning district. (b) Uses subject to specific requirements. Permitted uses marked with an asterisk "*" are permitted subject to specific use regulations in Section 30-532. Conditional uses are subject to the provisions of Section 30-533. Uses marked with a double Table No. 30-530
Permitted Uses in Industrial Zoning Districts
Uses M-1 M-2

1. Manufacturing
Batching Plant (Concrete Processing)/Mining
and Processing
— C
Manufacturing processes involving raw
materials
— C
Manufacturing processes involving no raw
materials
C P

2. Food processing
Animal slaughtering — —
Commercial Bakery P P
Industrial food catering P P
Lard, pickles, sauerkraut, vinegar — C
Meat, dog and cat food processing, canning,
packaging
— C
All other food processing C C

3. Service and Repair
Body shop and Custom automotive repair
(includes lowering and lifting)
C C
Automobile, truck, and other vehicle wash
facility
P P
Rental—Automobile, pick-up truck,
commercial truck or van, tractor and/or trailer
C P
Automobile Repair Facility C C
Truck repair facility C C
Cargo container repair — —
Gymnasiums, health spas P P
Tractor (diesel truck), heavy equipment
service and repair
— C
Industrial laundry P P
93

Machine shop, machinery repair C P
Printer, blueprint shop P P
Recycling facilities C C
Terminal, bus C C

4. Storage and open yards
Auto storage ——
Automobile/truck dismantling —
Truck and trailer storage ——
Truck Terminal C C
Building materials—Finished P* P*
Building materials—Raw (excluding concrete
batching)
— P*
Contractor's equipment storage yard — P*
Hazardous substance (in amounts below the
maximum allowable quantities as determined
by the hazardous material inventory list)
P P
Hazardous substance (in amounts exceeding
the maximum allowable quantities as
determined by the hazardous material
inventory list)
__
Self-storage facility C C
Petroleum and similar flammable materials
(for local distribution)
— C
RV storage P* P*

5. Warehousing Uses
Warehousing, High-Cube P* P
Warehousing, standard P* P
Warehousing, Logistics and Distribution P* P
Warehousing Sales, Retail P * P
Warehousing Sales, Wholesale P * P

6. Retail Sales
Automobile and Boat Sales and Accessory
Uses
C P
Tractor (diesel truck) sales and accessory C M
Convenience Store P P
Convenience Store with Alcoholic Beverage
Sales
C C
Copying, Packaging, Mailing P P
Fueling Station (with or without convenience
store)
C C
Liquor Store C C
Pharmacy P P
All other retail salesPP
94

7. Restaurants and bars
Bar C C
Restaurant with or without alcoholic
beverage sales
P P
Restaurant with alcoholic beverage sales C C
Restaurant, drive-thru P P
Restaurant, fast food P P
Micro-brewery C C

8. Administrative and professional offices
Associated with manufacturing or other
industrial use
P* P*
Business Park P P
Financial Institutions P P
Clinic, medical or dental P P
Laboratory, medical or biological P P
Optician P P
All other offices P P

9. Educational
Driver training school C C
Trade or technical school C C
All other educational institutions C C

10. Miscellaneous uses
Adult businesses P* P*
Animal kennel C C
Auctions C C
Cemetery and related uses C C
Crematory — —
Construction trailer P* P*
Depot, bus P* P*
Greenhouse P P
Hotel P P
Natural resource development ** **
Night watchmen or custodian quarters C C
Parks P P
Fire Station P P
Sec. 30-643. – Minimum development standards.
(2) Planning area 2—Auto center supporting uses.
95

a. Building setbacks.

1. All buildings and parking areas, except for allowed monument signs, shall be setback from all street property lines as follows:

Sierra Avenue: 25 Feet
South Highland Avenue: 20 Feet
Mango Avenue: 15 Feet
210 Freeway Right-of-way: 5 Feet

2. Monument signs are required to be set back a minimum of five feet from the street property line, and must comply with site distance traffic standards at all street corners and driveway entrances.
b. Building height.

1. Buildings and other structures shall not exceed a maximum of 60 feet as measured from the top of curb located adjacent to the street property line to the highest building ridge.
c. Lot coverage:

1. No more than 50 percent of the net lot area may be covered with buildings or other structures.
d. Off-street parking and circulation.

1. Required off-street parking spaces for retail shall be provided at the ratio set forth in Chapter 30 of the Fontana Municipal Code.

2. All parking spaces shall be a minimum of nine feet wide and 19 feet deep.

3. Drive aisle widths are required to be 26 feet wide unless otherwise required by the San Bernardino County Fire Department.
e. Landscaping.

1. All retail commercial uses shall have a minimum of 15 percent landscaping of the net project site (minus the building footprint).

2. Required setback areas shall be landscaped with trees, shrubs, plants, grasses and hardscape as set forth within the overlay district landscape design guidelines plant palette.
96

3. For projects that are adjacent to the 210 Freeway right-of-way, there shall be a minimum five-foot wide landscape strip planted with trees and shrubs.

4. Solid block walls adjacent to the 210 Freeway right-of-way are prohibited. The Freeway edge treatment shall consist of eight-foot tall pilasters at 30 feet on center with tubular or wrought iron fencing between pilasters. These pilasters shall be consistent with the design as set forth within the auto center design guidelines.
f. Lighting.

1. On-site lighting plans shall be submitted showing the design, intensity, layout and exact fixture mounting. Lighting plans shall be reviewed by City Staff and approved through the required Development Advisory Board (DAB) review process.

2. Lighting plans shall be consistent with the lighting design criteria and guidelines set forth within this overlay district.

3. Shielded fixtures shall direct all lighting downward, and shall illuminate areas used for parking and driveways.

4. All exterior areas shall have light standards no taller than 20 feet in height.

5. All lighting fixtures shall be properly shielded to prevent off-site glare. Spot fixtures shall only be downward directed, except at strategic areas such as monument signs and other landscape locations along the project's perimeter.

6. Strings of incandescent fixtures are not allowed in any exterior commercial area.
g. Walls, fences and screening. Walls and fences constructed on an interior lot line, at the rear of the required landscape setback area, or along the 210 Freeway rightof-way shall be in keeping with the development standards set forth herein.

1. Walls shall not exceed eight feet in height, except that within the required building and parking landscaped setback, walls may not exceed three feet in height.

2. All walls shall be constructed of split face or masonry material that is compatible with the building design.

3. Chain link fencing and all types of barbed wire are prohibited, except that chain link fencing is allowed during construction for security purposes. 97

4. All service and trash enclosure areas shall be screened from view from all public streets by walls and approved fencing, wherever feasible. No storage areas shall be visible from any public right-of-way, including the 210 Freeway.

5. Solid block walls are prohibited. Wall edge treatments shall consist of eightfoot tall pilasters at 30 feet on center with tubular or wrought iron fencing between pilasters. These pilasters shall be consistent with the design as set forth within the auto center design guidelines.

6. Roof mounted mechanical equipment shall be screened and not be visible from any public rights-of-way, including the 210 Freeway. Roof mounted equipment screening techniques shall involve an integrated architectural design element which is compatible with the architectural design of the commercial building.
h. Sound attenuation.

1. A drive-through lane is not permitted adjacent to any parcel of land that is zoned for residential use.
98 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3038 Agenda Date: 5/28/2024
Agenda #: D. Category: Consent Calendar
FROM:

Finance
SUBJECT:

Adoption of Ordinance No. 1952 (Second Reading), levying special taxes within the City of Fontana Community Facilities District No. 113 (The Gardens Phase Two).

RECOMMENDATION:

Adopt Ordinance No. 1952 on second readying, levying special taxes within the City of Fontana Community Facilities District No. 113 (The Gardens Phase Two).

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

DISCUSSION:

Ordinance No. 1952 was introduced by a vote of 4-0 at the May 14, 2024, Regular City Council Meeting.

FISCAL IMPACT:

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

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 5/22/2024
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ORDINANCE NO. 1952

AN ORDINANCE OF THE CITY OF FONTANA LEVYING A

SPECIAL TAX WITHIN CITY OF FONTANA COMMUNITY
FACILITIES DISTRICT NO. 113 (THE GARDENS PHASE
TWO)
WHEREAS, on April 9, 2024, the City Council (the “City Council”) of the City of Fontana (the “City”), pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), adopted a resolution entitled “A Resolution of the City Council of the City of Fontana of Intention to Establish a Community Facilities District Proposed to be Named City of Fontana Community Facilities District No. 113 (The Gardens Phase Two) and to Authorize the Levy of a Special Tax Therein,” stating its intention to establish City of Fontana Community Facilities District No. 113 (The Gardens Phase Two) (the “Community Facilities District”), to authorize the Community Facilities District to levy a special tax (the “Special Tax”) within the Community Facilities District for the purpose of financing certain public facilities (the “Facilities”) and services (the “Services”); WHEREAS, on May 14, 2024, the City Council held a noticed public hearing on the establishment of the Community Facilities District, as required by the Act; WHEREAS, subsequent to the close of said hearing, the City Council adopted resolutions entitled “A Resolution of the City Council of the City of Fontana of Formation of City of Fontana Community Facilities District No. 113 (The Gardens Phase Two), Proposing that the Community Facilities District Be Authorized to Levy a Special Tax and Proposing that an Appropriations Limit of the Community Facilities District Be Established” (the “Resolution of Formation”), “A Resolution of the City Council of the City of Fontana Deeming it Necessary for City of Fontana Community Facilities District No. 113 (The Gardens Phase Two) to Incur Bonded Indebtedness” and “A Resolution of the City Council of the City of Fontana Calling Special Election for City of Fontana Community Facilities District No. 113 (The Gardens Phase Two),” which resolutions established the Community Facilities District, proposed that the Community Facilities District be authorized to levy the Special Tax within the Community Facilities District and called a special election to submit to the qualified electors of the Community Facilities District the combined ballot proposition to authorize the Community Facilities District to incur bonded indebtedness, to authorize the Community Facilities District to levy the Special Tax and to establish the appropriations limit of the Community Facilities District; WHEREAS, on May 14, 2024, an election was held in which the qualified electors of the Community Facilities District approved said proposition by more than the two-thirds vote required by the Act; and
WHEREAS, the City Council is the legislative body of the Community Facilities District;

THE CITY COUNCIL OF THE CITY OF FONTANA DOES ORDAIN AS
FOLLOWS:
100
Section 1. The City Council hereby authorizes and levies the Special Tax within the Community Facilities District pursuant to Sections 53328 and 53340 of the Act, at the rate and in accordance with the method of apportionment set forth in Exhibit B to the Resolution of Formation (the “Rate and Method”). The Special Tax is hereby levied commencing in fiscal year 2024-25 and in each fiscal year thereafter until the last fiscal year in which the Special Tax is authorized to be levied pursuant to the Rate and Method.

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

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

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

Section 5. The Special Tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in the case of delinquency as is provided for ad valorem taxes or in such other manner as the City Council shall determine, including direct billing of the affected property owners.

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

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

APPROVED AND ADOPTED this 28th day of May 2024.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney
101
I, Germaine Key, City Clerk of the City of Fontana and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Ordinance is the actual Ordinance introduced at a regular meeting of said City Council on May 14, 2024, and was finally passed and adopted not less than five days thereafter on May 28, 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

City Clerk
Mayor
ATTEST:

City Clerk
102
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3039 Agenda Date: 5/28/2024
Agenda #: E. Category: Consent Calendar
FROM:

Finance
SUBJECT:

Adoption of Ordinance No. 1953 (Second Reading), authorizing the Levy of a Special Tax within Community Facilities District No. 114M (DR Horton Los Angeles Holding Company, Inc) RECOMMENDATION:

Second Reading/Adopt Ordinance No. 1953 Authorizing the Levy of a Special Tax within Community Facilities District No. 114M.

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

DISCUSSION:

Ordinance No. 1953 was introduced by a vote of 4-0 at the May 14, 2024, Regular City Council Meeting. The special tax levy will support the development of 85 residential units located at the intersection of Summit Avenue and Citrus Road.

FISCAL IMPACT:

None.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 5/22/2024
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16498.00505\42240535.1

ORDINANCE NO. 1952

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

FONTANA, ACTING AS THE LEGISLATIVE BODY OF THE

CITY OF FONTANA COMMUNITY FACILITIES DISTRICT
NO. 114M, COUNTY OF SAN BERNARDINO, STATE OF

CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL

TAXES IN SUCH COMMUNITY FACILITIES DISTRICT
WHEREAS, the City Council (the “City Council”) of the City of Fontana (the “City”), California has, among other things, initiated proceedings, held a public hearing, conducted an election, and received a favorable vote from the qualified electors authorizing the levy of special taxes in the City of Fontana Community Facilities District No. 114M, County of San Bernardino, State of California (the “District”), all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982,” being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”).

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

Section 1. This City Council does, by the passage of this ordinance, authorize the levy of special taxes on taxable properties located in the District pursuant to that certain Rate and Method of Apportionment as set forth in Appendix “A” attached hereto and incorporated herein by this reference (the “Rate and Method”).

Section 2. This City Council, acting as the legislative body of the District, is hereby further authorized, by resolution, to annually determine the special tax to be levied within the District for the then current tax year and all future tax years; provided, however, the special tax to be levied shall not exceed the maximum special tax authorized to be levied pursuant to the Rate and Method.

Section 3. The special taxes herein authorized to be levied, to the extent possible, shall be collected in the same manner as ordinary ad valorem property taxes and shall be subject to the same penalties and the same procedure, sale, and lien priority in any case of delinquency as applicable for ad valorem property taxes; provided, however, the District may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations.

Section 4. The special taxes authorized to be levied shall be secured by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the California Streets and Highways Code, which lien shall be a continuing lien and shall secure each levy of the special taxes.

The lien of the special tax shall continue in force and effect until the special tax obligation is canceled in accordance with law or until the special tax ceases to be levied by the City Council.
104
16498.00505\42240535.1

Section 5. This Ordinance shall be effective thirty (30) days after its adoption.

Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance, or a summary of it, to be published in a newspaper of general circulation in the City.

APPROVED AND ADOPTED 28th day of May, 2024
READ AND APPROVED AS TO LEGAL FORM:
____________________________________
City Attorney
I, Germaine McClellan Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Ordinance is the actual Ordinance adopted by the City Council and was introduced at a regular meeting on the 14th day of May, 2024, and was finally passed and adopted not less than five days thereafter on the 28th day of May, 2024 to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
City Clerk of the City of Fontana
_____________________________________
Mayor of the City of Fontana
ATTEST:
______________________________________
City Clerk
105
16498.00505\42240535.1
A-1

APPENDIX A

RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 114M OF THE

CITY OF FONTANA, COUNTY OF SAN BERNARDINO,

STATE OF CALIFORNIA
A Special Tax as hereinafter defined shall be levied on all Assessor's Parcels of Taxable Property in City of Fontana Community Facilities District No. 114M ("CFD No. 114M") and collected each Fiscal Year, commencing in Fiscal Year 2024-2025, in an amount determined by the City Council of the City of Fontana, through the application of the Rate and Method of Apportionment as described below. All of the real property in CFD No. 114M, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre” or “Acreage” means the land area expressed in acres of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County map or the land area calculated to the reasonable satisfaction of the CFD Administrator using the boundaries set forth on such map or plan.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 114M, including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs to the City, CFD No. 114M or any designee thereof of complying with City or CFD No. 114M disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 114M or any designee thereof related to an appeal of the Special Tax; and the City’s annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 114M for any other administrative purposes of CFD No. 114M, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
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"Assessor’s Parcel" means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
"Assessor’s Parcel Map" means an official map of the County Assessor of the County of San Bernardino designating parcels by Assessor’s Parcel Number. “Assessor’s Parcel Number” means that number assigned to an Assessor’s Parcel by the County of San Bernardino for purposes of identification. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement, providing for the levy and collection of the Special Taxes, and performing other duties as set forth herein. “CFD No. 114M” means the City of Fontana Community Facilities District No. 114M.
"City" means the City of Fontana, California.
"Council" means the City Council of the City of Fontana, acting as the legislative body of CFD No. 114M.
"County" means the County of San Bernardino.
"Developed Property" means, for each Fiscal Year, all Assessor’s Parcels of Taxable Property for which a final tract map, parcel map, lot line adjustment or any other similar map which subdivides such parcels into lots for which a building permit could be issued for construction has been recorded with the County, as of January 1 of the previous Fiscal Year.
"Fiscal Year" means the period starting July 1 and ending on the following June

30. "Land Use Class" means any of the classes listed in Table 1 below. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C hereof, that can be levied by CFD No. 114M in any Fiscal Year on any Assessor’s Parcel.
“Property Owner Association Property" means, for each Fiscal Year, any Assessor’s Parcel within the boundaries of CFD No. 114M that was owned by or irrevocably offered for dedication to a property owner association, including any master or sub-association, as of January 1 of the previous Fiscal Year. “Proportionately” means, for Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels of Developed Property.
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"Public Property" means, for each Fiscal Year, any property within the boundaries of CFD No. 114M that is (i) owned by, irrevocably offered or dedicated to the federal government, the State, the County, the City, or any local government or other public agency, provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use; or (ii) encumbered by a public utility easement making impractical its use for any purpose other than that set forth in the easement. To ensure that property is classified as Public Property in the first Fiscal Year after it is acquired by, irrevocably offered for dedication to, or dedicated to a public agency, the property owner shall notify the CFD Administrator in writing of such acquisition, offer, or dedication not later than June 30 of the Fiscal Year in which the acquisition, offer, or dedication occurred. “Rate and Method of Apportionment” means this Rate and Method of Apportionment of Special Taxes for CFD No. 114M.
"Special Tax" means the special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property, to fund the Special Tax Requirement. "Special Tax Requirement" means that amount required in any Fiscal Year for CFD No. 114M to pay for: (1) maintenance services authorized to be financed by CFD No. 114M, (2) Administrative Expenses, (3) anticipated delinquent special taxes (such delinquent special taxes shall be estimated based on the delinquency rate in CFD No. 114M for the previous Fiscal Year), and (4) less a credit for funds available to reduce the annual Special Tax levy, if any, as determined by the CFD Administrator.
"Taxable Property" means all of the Assessor’s Parcels within the boundaries of CFD No. 114M which are not exempt from the Special Tax pursuant to law or Section E below.
“Undeveloped Property” means, for each Fiscal Year, all Assessor’s Parcels of Taxable Property which are not categorized as Developed Property. "Welfare Exemption" means, for each Fiscal Year, any Assessor's Parcel that is used exclusively for charitable, hospital, or religious purposes and that has a property tax welfare exemption as indicated in the County’s assessor’s roll finalized as of the last preceding January 1, including those Assessor’s Parcel receiving a welfare exemption under subdivision (g) of Section 214 of the California Revenue and Taxation Code.

B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, commencing with Fiscal Year 2024-2025, all Taxable Property within CFD No. 114M shall be categorized as either Developed Property 108
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or Undeveloped Property, and shall be subject to the Special Tax in accordance with the rate and method of apportionment determined pursuant to Sections C and D below.

C. MAXIMUM SPECIAL TAX RATE

1. Developed Property
The Fiscal Year 2024-2025 Maximum Special Tax for each Assessor’s Parcel classified as Developed Property shall be equal to the amount shown in the table below:

TABLE 1
Fiscal Year 2024-2025
Maximum Special Tax for Developed Property
Land Use Class FY 2024-2025 Maximum Special Tax
Developed Property $907 per Assessor’s Parcel
On each July 1, commencing July 1, 2025, the Maximum Special Tax for Developed Property shall increase by two percent (2%) per Fiscal Year.

2. Undeveloped Property
The Maximum Special Tax for each Assessor’s Parcel classified as Undeveloped Property shall be equal to $0 per Acre.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2024-2025 and for each following Fiscal Year, the CFD Administrator shall determine the Special Tax Requirement and the City shall provide for the levy of the Special Tax until the total Special Tax levy equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows:

The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the Maximum Special Tax for such Assessor’s Parcel.

E. EXEMPTIONS
No Special Tax shall be levied on (i) Public Property, (ii) Property Owner Association Property, (iii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (iv) Assessor’s Parcels which are privately owned and are encumbered by or restricted solely for public uses, (v) or any Assessor’s Parcel that has a Welfare Exemption. Should an Assessor’s Parcel, however, no longer be classified 109
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as items (i)-(v) above, including Property Owner Association Property, Public Property, or have a Welfare Exemption, its tax-exempt status will, without the necessity of any action by the Council, terminate.

The exempt status of any property will be determined by the CFD Administrator and such determination shall be final.

F. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes and shall be subject to the same penalties, and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem property taxes; provided, however, that CFD No. 114M may directly bill the Special Tax, and/or may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of CFD No. 114M.

G. TERM OF SPECIAL TAX
The Special Tax shall be levied in perpetuity as necessary to meet the Special Tax Requirement, unless no longer required to pay for the authorized services as determined at the discretion of the Council.

H. APPEALS
Any landowner or resident who feels that the amount of the Special Tax levied on his/her Assessor’s Parcel is in error may submit a written appeal to the CFD Administrator, provided that the appellant is current in his/her payment of Special Taxes. During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, a cash refund shall not be made (except for the last year of levy), but the amount of the Special Tax levied shall be appropriately modified, reduced, or eliminated through an adjustment to the Special Tax levy in the following Fiscal Year. If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has thirty (30) days in which to appeal to the Council by filing a written notice of appeal with the City Clerk, provided that the appellant is current in his/her payment of Special Taxes. This second appeal must specify the reasons for its disagreement with the CFD Administrator's determination.

The CFD Administrator shall interpret this Rate and Method of Apportionment for purposes of clarifying any ambiguity and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals. 110
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Any decision of the CFD Administrator shall be subject to appeal to the Council whose decision shall be final and binding as to all persons.

I. PREPAYMENT
No prepayments of the Special Tax are permitted.
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3005 Agenda Date: 5/28/2024
Agenda #: F. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Award Bid for the Cypress Avenue Storm Drain (Phase I) Project (Bid No. DE-24-71-SB) RECOMMENDATION:

1. Award bid and authorize the City Manager to execute a construction contract with Downing Construction, Inc. for the construction of the Cypress Avenue Storm Drain (Phase I) Project (Bid No. DE-24-71-SB), in the amount of $15,288,124.00 and authorize a 10% contingency in the amount of $1,528,812.40 (Bid No. DE-24-71-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 Cypress Avenue Storm Drain (Phase I) Project (Bid No. DE-24-71-SB).

3. Appropriate $3,620,000.00 from Storm Drain Fund 622 to Project 37603361, Cypress Avenue Storm Drain Project.

4. Transfer $1,500,000.00 from Project 37600036, Septic to Sewer Conversion, to Project 37603361, Cypress Avenue Storm Drain 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:

A new storm drain system will be installed along Cypress Avenue from Orange Way to Foothill Boulevard, and along Foothill Boulevard from Cypress Avenue to Sierra Avenue. A new raised landscaped median will also be extended on Foothill Boulevard from 600 feet east of Cypress Avenue to Sierra Avenue. These improvements are being designed to control storm water flow through these roadways. This project is part of a comprehensive Master Storm Drain system to provide flood protection to this area. As a stormwater infrastructure project, this project will utilize funds from the American Rescue Plan Act (ARPA) under the Water, Sewer and Broadband Infrastructure Federal Use category.

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File #: 21-3005 Agenda Date: 5/28/2024
Agenda #: F. Category: Consent Calendar
On March 19, 2024, at 2:00 p.m. the bids for this contract were opened. A total of ten (10) bids were received ranging from $15,288,124.00 to $26,947,778.00. Downing Construction, Inc. is the lowest bidder in the amount of $15,288,124.00. The Engineer's estimate was $11,606,783.31. After reviewing the proposed bid documents, Engineering staff has determined Downing Construction, Inc. to be the lowest responsive and responsible bidder.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $16,816,936.40, for the full term of the construction contract. The available budget in Project 37603361 is $13,263,236.86. Considering all project expenses, an additional $5,120,000.00 is being requested. $3,620,000 will be allocated from the Storm Drain Fund ($1,877,168 from Fund 62237424 & $1,742,832 from Fund 622 Unappropriated Fund Balance) and $1,500,000.00 will be transferred from the Septic to Sewer Conversion Project, Project 37600036-302-A. The requests will be included in the next quarterly budget report.

MOTION:

Approve staff recommendation.

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0 1 inch = 600 feet
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PROJECT LOCATION
Cypress Avenue Storm Drain Project (Phase I)
(PROJECT NO. 3361)
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Bid Results
Cypress Avenue Storm Drain (Phase I) Project
DE-24-71-SB

1. Downing Construction, Inc. $ 15,288,124.00
Redlands, CA

2. Nationwide Contracting Services, Inc. $ 17,349,930.97 Huntington Beach, CA

3. Sully-Miller Contracting Company $ 17,485,000.00
Brea, CA

4. Weka Inc. $ 17,539,480.00
San Bernardino, CA

5. C.P. Construction Co., Inc. $ 18,236,785.00
Ontario, CA

6. T.E. Roberts, Inc. $ 19,020,106.00
Irvine, CA

7. KEC Engineering $19,456,255.08
Corona, CA

8. Steve Bubalo Construction $20,996,610.00
Monrovia, CA

9. Norstar Plumbing and Engineering $24,532,669.25
Alta Loma, CA

10. Mike Bubalo Construction Co., Inc. $26,947,778.00
Baldwin Park, CA
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City of Fontana
Cypress Avenue Storm Drain (Phase I) Project (DE-24-71-SB), bidding on 04/18/2024 2:00 PM (PDT)

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City of Fontana
Cypress Avenue Storm Drain (Phase I) Project (DE-24-71-SB), bidding on 04/18/2024 2:00 PM (PDT)

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City of Fontana
Cypress Avenue Storm Drain (Phase I) Project (DE-24-71-SB), bidding on 04/18/2024 2:00 PM (PDT)

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City of Fontana
Cypress Avenue Storm Drain (Phase I) Project (DE-24-71-SB), bidding on 04/18/2024 2:00 PM (PDT)

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City of Fontana
Cypress Avenue Storm Drain (Phase I) Project (DE-24-71-SB), bidding on 04/18/2024 2:00 PM (PDT)

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City of Fontana
Cypress Avenue Storm Drain (Phase I) Project (DE-24-71-SB), bidding on 04/18/2024 2:00 PM (PDT)

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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3012 Agenda Date: 5/28/2024
Agenda #: G. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve a Bond Reduction for Tract No. 20010 (Offsite and In-tract Improvements), Tract No. 20069 (In-tract Improvements), and Tract No. 20070 (In-tract Improvements) for the Narra Hills Project RECOMMENDATION:

Approve a bond reduction of the Faithful Performance and Labor and Materials Bonds posted by LS Fontana, LLC for Tract No. 20010, Tract No. 20069, and Tract No. 20070 located along Coyote Canyon Road (formerly Lytle Creek Road) and north of Duncan Canyon Road.

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

DISCUSSION:

Tract No. 20010, Tract No. 20069, and Tract No. 20070 are located along Coyote Canyon Road and north of Duncan Canyon Road. As a requirement of the Subdivision Map Act and as a condition of development, LS Fontana, LLC posted bonds to secure 100% of the installation of public infrastructure for the residential tract. Currently, the developer has completed majority of the public infrastructure.

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

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File #: 21-3012 Agenda Date: 5/28/2024
Agenda #: G. Category: Consent Calendar
FISCAL IMPACT:

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

MOTION:

Approve staff recommendation.

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TRACT MAP NO. 20010 / TRACT MAP NO. 20069 / TRACT MAP NO. 20070

CITY OF FONTANA, CALIFORNIA
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SUBDIVISION IMPROVEMENT AGREEMENT
Tract Map No.:

THIS AGREEMENT is between the City of Fontana, a municipal corporation, County of San Bernardino, State of California ("City") and
("Subdivider"):

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

1. General requirements:

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

All required improvements have an estimated cost of construction totaling ____________________________________________________________ ($ ) as shown on Exhibit "A".

Improvements are shown on approved plans on file with City Engineer.

The estimated cost of construction set forth in Exhibit “A” is for estimation purposes only, and for calculation of the amount of securities 20010 Arroyo Cap II-6, LLC, A Delaware Limited Liability Company Nine Million Seven Hundred Ninety Five Thousand Eight Hundred Sixty Seven and 98/100 9,795,867.98 20010 February 26th, 2019 DocuSign Envelope ID: A5688E80-F149-4E54-A134-04FE7085F8A8 157
Revised – RP -09/22/2022
required pursuant to the provisions of section (2), below. Subdivider’s obligation to complete the improvements, or any portion of them, is not limited in any way by the estimated cost of construction, and the obligation of Subdivider’s surety in connection with the securities required pursuant to the provisions of section (2), below.

2. Security:

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

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

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

The security, which guarantees performance, can be released upon acceptance of the improvements by the City Council. The security which guarantees payment to contractor, sub-contractors and to persons furnishing labor, materials or equipment will be released 6 months after acceptance of the improvements by the DocuSign Envelope ID: A5688E80-F149-4E54-A134-04FE7085F8A8 158
Revised – RP -09/22/2022
City Council, less the total of all claims to which the City has been given proper notice.

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

3. Time of Completion:

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

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

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

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

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

4. Effective Date of Agreement:

This Agreement shall not become effective unless and until the Subdivision Map has been approved by the City Council of the City of Fontana and also accepted DocuSign Envelope ID: A5688E80-F149-4E54-A134-04FE7085F8A8 159
Revised – RP -09/22/2022
the Final Map for recordation by the County Recorder of the County of San Bernardino.

5. Utility Deposits - Statements:

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

6. Permits - Compliance with Law:

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

7. Definition and Ownership of Improvements:

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

8. Obligations of Subdivider:

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

DocuSign Envelope ID: A5688E80-F149-4E54-A134-04FE7085F8A8 160
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9. Superintendence by Subdivider:

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

10. Repair and Replacements:

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

11. Inspection by City:

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

12. Approval by City Engineer.

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

13. Liability for Performance Injury or Damage:

Neither the City nor any of its officers or agents shall be liable to Subdivider or its contractors for any error or omission arising out of or in connection with any work to be performed under this contract. Additionally, the City shall not be liable to the Subdivider or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any DocuSign Envelope ID: A5688E80-F149-4E54-A134-04FE7085F8A8 161
Revised – RP -09/22/2022
cause whatsoever in, on, or about the subdivision of said land covered by this Agreement, or any part thereof.

14. Indemnification and Release:

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

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

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

15. Liability of Subdivider:

The Subdivider agrees that the use for any purpose and by any person of any and all of the streets, easements and improvements herein specified shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City of the completed street and other improvements thereon and therein; provided that acceptance by the City shall in no way eliminate or lessen any of Subdivider's obligations or undertakings contained in this Agreement. The issuance of any occupancy permits (if granted) by the City for buildings located within the subdivision shall not be construed in any manner to constitute an DocuSign Envelope ID: A5688E80-F149-4E54-A134-04FE7085F8A8 162
Revised – RP -09/22/2022
acceptance and approval of any or all of the required improvements in said subdivision.

16. Relationship of Contractors:

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

17. Repair or Reconstruction of Defective Work:

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

18. Warranty:

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

19. Assignment:

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

DocuSign Envelope ID: A5688E80-F149-4E54-A134-04FE7085F8A8 163
Revised – RP -09/22/2022
IN WITNESS WHEREOF, this agreement shall for all purposes be deemed an original thereof, having been duly executed by the Subdivider herein named on the day of , 20 being duly signed by its undersigned representative(s) pursuant to authority of its governing body.

SUBDIVIDER CITY OF FONTANA
By: By:

City Manager

Name Matthew C. Ballantyne
Print Name

Title
Attest:

City Clerk
_____________________________
Print Name
APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

Print Name
APPROVED AS TO CONTENT:

By:

City Engineer
_____________________________
Print Name
Germaine Key Gia Kim Ruben Duran Jeffrey Brouelette Vice President 11th
April 23
DocuSign Envelope ID: A5688E80-F149-4E54-A134-04FE7085F8A8 164
Revised – RP -09/22/2022
Attachments: (1) Exhibit "A" – Cost Estimate
(2) Exhibit "B" – Time Extension
(3) Securities
DocuSign Envelope ID: A5688E80-F149-4E54-A134-04FE7085F8A8 165
1 STAFF USE ONLY
ENGINEERING PC NO.
__________________

CITY OF FONTANA

ENGINEERING DEPARTMENT
COST ESTIMATE - EXHIBIT "A"
DATE: _____________________
DEVELOPER PROJECT NAME__________________
ENGINEER TRACT MAP NO._________________
PHONE NO. PARCEL MAP NO. _______________

STREET IMPROVEMENTS
UNIT

ITEM QUANTITY UNIT COST AMOUNT
6" CURB & GUTTER _ L.F. 17.00 __
8" CURB & GUTTER L.F. 19.00 _
8" THICK CROSS GUTTER S.F. 11.00 _
4" SIDEWALK S.F. 7.00 _
ACCESS RAMP EA 5,000.00 _
DRIVEWAY APPROACHES S.F. 11.00 _
ASPHALT CONCRETE DIKES L.F. 11.00 _
FOG SEAL S.F. .10 ____
IMPORTED EMBANKMENT C.Y. 10.00 _
PREPARATION OF SUBGRADE S.F. .50 _
*A.C. TON 150.00 _
*A.C. OVERLAY(0.20 THICKNESS)
PER CITY STANDARD TON 150.00 _
**PCC CURB ONLY (MEDIAN) L.F. 16.00 _
ADJUST SEWER MANHOLE TO GRADE EA 500.00 _

ADJUST SEWER CLEAN OUT TO
GRADE EA 300.00 _
ADJUST WATER VALVES TO GRADE EA 250.00 _
BARRICADES L.F. 40.00 _
2 X 4 REDWOOD HEADER L.F. 5.00 _
*REMOVAL OF A.C. PAVEMENT S.F. .66 _
**REMOVAL OF P.C.C. CURB L.F. 6.00 _
*REMOVAL OF A.C. BERM L.F. 5.00 _
RETAINING WALL H=2 1/2 FT.

OR LESS L.F. 40.00 ________
BLOCK WALL H=6 FEET L.F. 50.00 ________
AGGREGATE BASE TON 30.00 _ __
GUARD POSTS EA 70.00 _
GUARD PANEL (WOOD) L.F. 40.00 _
SAWCUT L.F. 3.50 _
REFLECTORS AND POSTS EA 100.00 _
STREET SIGNS EA 250.00 _
______________________ ________ EA _______ ________
______________________ ________ EA _______ ________
______________________ ________ EA _______ ________
______________________ ________ EA _______ ________
STREET IMPROVEMENT SUBTOTAL __
* A.C. ASPHALTIC CONCRETE
** P.C.C. PORTLAND CONCRETE CEMENT
9/16/2021
LandSea Homes
Fuscoe Engineering
858-554-1500
Lytle Creek Road Street Imp
20010 694 $11,798 7,209 $136,971 1,672 $18,392 43,564 $304,948 8 $40,000 725 $7,975 300,888 $150,444 5,900 $885,000 120 $18,000 $1,573,528 APPROVED HP 09/22/2021 ELPC20-000004 TPC21-000020 DocuSign Envelope ID: A5688E80-F149-4E54-A134-04FE7085F8A8 166
2 STORM DRAIN IMPROVEMENTS
UNIT

ITEM QUANTITY UNIT COST AMOUNT
* 18" RCP L.F. 90.00 ________
* 24" RCP L.F. 110.00 ________
* 30" RCP L.F. 250.00 ________
* 36" RCP L.F. 250.00 ________
* 42” RCP ________ L.F. 250.00 ________
* 48" RCP L.F. 260.00 ________
* 54" RCP L.F. 280.00 ________
* 60" RCP L.F. 300.00 ________
* 66” RCP ________ L.F. 320.00 ________
* 78” RCP ________ L.F. 340.00 ________
* 24” CMP ________ L.F. 90.00 ________
* 60” CMP ________ L.F. 320.00 ________
CATCH BASIN/CURB INLET:

W=7 EA 4,000.00 ________
W=10 EA 4,500.00 ________
W=14 EA 6,000.00 ________
W=21 EA 11,000.00 ________
W=28 EA 14,000.00 ________
JUNCTION STRUCTURE EA 3,200.00 ________

TRAFFIC TYPE JUNCTION
STRUCTURE EA 2,800.00 ________
DISCHARGE STRUCTURE EA 2,800.00 ________
MANHOLES EA 2,500.00 ________
LOCAL DEPRESSION EA 1,250.00 ________
GRATE INLET STRUCTURE EA 2,100.00 ________
_____________________ ________ EA ________ ________
_____________________ ________ EA ________ ________
_____________________ ________ EA ________ ________
STORM DRAIN IMPROVEMENT SUBTOTAL ________
* REINFORCED CONCRETE PIPE

SANITARY SEWER IMPROVEMENTS
UNIT

ITEM QUANTITY UNIT COST AMOUNT
MANHOLES 60" DIAMETER EA 4,500.00 ________
MANHOLES 48" DIAMETER EA 4,000.00 ________
DROP MANHOLES EA 4,500.00 ________
WYES EA 100.00 ________
CLEANOUTS EA 600.00 ________

REMODELING OF EXISTING
MANHOLE EA 950.00 ________
** 4" VCP L.F. 50.00 ________
** 6" VCP L.F. 60.00 ________
** 8" VCP L.F. 70.00 ________
** 10" VCP L.F. 80.00 ________
** 12" VCP L.F. 90.00 ________
** 15" VCP L.F. 100.00 ________
__________________ ________ L.F. _______ ________
__________________ ________ L.F. _______ ________
SANITARY SEWER IMPROVEMENT SUBTOTAL ________
** VITRIFIED CLAY PIPE
116 $10,440 824 $90,640 464 $116,000 88 $22,000 529 $137,540 1007 $281,960 1675 $502,500 1 $4,000 6 $66,000 4 $12,800 1 $2,800 14 $35,000 7 $8,750 72" RCP 910 LF 330.00 $300,300

DEBRIS BASIN OUTLET
2 25,000.00 $50,000 $1,640,730 1 $4,500 14 $56,000 1 $950 3,535 $247,450 $308,900 DocuSign Envelope ID: A5688E80-F149-4E54-A134-04FE7085F8A8 167
3 TRAFFIC SIGNALS/SIGN/STRIPING
UNIT

ITEM QUANTITY UNIT COST AMOUNT
TRAFFIC SIGNAL MODIFICATION:

ONE CORNER L.S. 75,000.00 _
TWO CORNERS L.S. 100,000.00 _
TRAFFIC SIGNAL NEW L.S. 250,000.00 _
PAINT TRAFFIC STRIPE(1 COAT) L.F. 2.40 _
PAINT TRAFFIC STRIPE(2 COATS) L.F. .65 _
PEDESTRIAN CROSSWALK STRIPING L.F. .65 _

PAVEMENT MARKER
(NON REFLECTIVE) EA 2.50 ________
PAVEMENT MARKER (REFLECTIVE) EA 4.00 _
REFLECTORS AND POSTS EA 100.00 _
STREET SIGNS EA 250.00 _
___________________ ________ EA ________ ________
___________________ ________ EA ________ ________
TRAFFIC SIGNAL/SIGNS/STRIPING SUBTOTAL __

CFD LANDSCAPE IMPROVEMENTS (BONDING PURPOSES ONLY)
AREA LANDSCAPED S.F. $12.00 _
CENTER MEDIAN S.F. $12.00 _
LANDSCAPING IMPROVEMENTS SUBTOTAL __________
SUBTOTALS:

STREET IMPROVEMENT SUBTOTAL....................___________________ STORM DRAIN IMPROVEMENTS SUBTOTAL..............___________________ SANITARY SEWER IMPROVEMENTS SUBTOTAL...........___________________ TRAFFIC SIGNAL/SIGNS/STRIPING SUBTOTAL.........___________________ IMPROVEMENT SUBTOTAL ===================
(*USE THIS TOTAL FOR PLAN CHECK & PERMITTING PURPOSES*) CFD LANDSCAPE IMPROVEMENTS ....................___________________ SUBDIVISION MONUMENT GUARANTEE $1,200 + $50/LOT ...___________________ STREET LIGHTS _______ @ $5,000 ................___________________ CUCAMONGA COUNTY WATER DISTRICT FACILITIES.....___________________ IMPROVEMENT SUBTOTAL.... ===================
ADD 35%..................... ____________________
BONDING TOTAL........___________________
1 $250,000 38,320 $91,968 650 $422.50 3 $300 12 $3,000
PAVEMENT "LEGEND" MARKINGS
11 250.00 $2,750

REMOVAL OF CONFLICTING

STRIPING/MARKINGS
1 1,400.00 $1,400 $349,840.50 $1,573,528 $1,640,730 $308,900 $349,840.50 $3,872,998.50
83 $415,000
$7,256,198.50
$2,539,669.48 $9,795,867.98 247,350 $2,968,200 $2,968,200 $2,968,200 APPROVED HP 09/22/2021 DocuSign Envelope ID: A5688E80-F149-4E54-A134-04FE7085F8A8 168
4 APPROVED PUBLIC IMPROVEMENT PLANS:

STREET IMP. DWG. NO._____________________
STREET LIGHT DWG. NO.____________________
SEWER IMP. DWG. NO.______________________
STORM DRAIN IMP. DWG. NO. _______________
TRAFFIC SIGNAL DWG. NO.__________________
SIGNING & STRIPING DWG. NO.______________
6041 6041LT 6042 6043 6055
DocuSign Envelope ID: A5688E80-F149-4E54-A134-04FE7085F8A8 169
Revised – RP -09/22/2022

SUBDIVISON IMPROVEMENT AGREEMENT
Tract Map No.:

Exhibit “B”
I,
(Subdivider’s name here)
am the owner of the property to which this Request is being made for of a Time Extension for Project No. .

Name:

Subdivider’s Signature:

Subdivider’s Address:

Date:
(Attached Notary Acknowledgment)

CITY OF FONTANA
BY: DATE:

City Engineer

Print Name
[ ] DENY
[ ] APPROVED
NEW DATE:

DocuSign Envelope ID: A5688E80-F149-4E54-A134-04FE7085F8A8 170
Bond No. P8030104080s'l
Premium $ qa.szs.oc

SECURITY BOND FOR FAITHFUL PERFORMANCE OF

SUBDIVISION AGREEMENT
Tract Map No.r 2001 0
WHEREAS, the City Council of the City of Fontana, State of Califomia, and, LS-Fontana LLC ("Principa1") have entered inlo an agreement datecl the "Agreement") which is incorporated herein by reference, in whic.h Principal has agreed to construct, install and complete cerlain designated public improvements; and WHEREAS, under the terms of the Agreement, Principal is required to file before commencing work a good and sufficient payment bond with the City of Fontana to secure faithful perfolmance of the terms of the Agreement.

NOW, THEREFORE, Principal and the undersigned as corporate surety, are held and fifmly bOUnd UntO the City Of FOntana in the SUm Of Nine rvlillion seven Hundred Ninety Five Thousand Eight Hundred sixty seven anrl s8100 s.7s5.B67.SB to assure faithful performance of all terms a:rd conditions of the Agreement.

This bond shall be and r:emain in full force and effect, and shall indemniff and hold harmless the City of Fontana, its officers, agerts and employees until all terms, covenallts, provisions and conditions of the Agreement, and any agreed upon alterations or additions thereto, are frrlly and well met and performed by the Principal, his or its heirs, executorE, administrators, successors or assigns, to the satisfaction of the City of Fontana in the time and maflrrcr specified in the Agreement. Upon fulfillment of the obligatiors set forlh in the Agreement as specified above, this obligation bond shall become null and void.

As parl of the ohligation secured hereby, Principal shall pay, in addition to the face amount of this bond, all costs and reasonable expenses and fees includingreasonable attorney's fees, incurred by the City of Fontana in successftilly enforcing such obiigation, as may be awarded by a court of competent jurisdiction in anyjudgement upon this bond.

The surety hereby stipulates and agrees that no change, extensior of time, alteration or addition to the terms of the Agreement or the specifications accomparying it shall in any manner affect its obligation on tlis bond and surety hereby waives notice of any such change, alteration or adclition.

Revised-RG-10131/16
DocuSign Envelope ID: A5688E80-F149-4E54-A134-04FE7085F8A8 171
IN WITNESS WHEREOF' three (3) identical counterparts of this irstrument, each of which shall for all purposes as deemed an original, have been duly executed by the Principal and Surety, as evidenced by the signatures of their duly authorized representatives whose signatures appearbelow, onthis -zan day of Seplember ,20 2'l
PRINCIPAL L$fonlanaLLC
(NOTARIZATION AND SEAL)
SURETY Philadelphia lndemnity tnsurance company
a onroe

OTARIZATION AND SEAL)
NOTEr Please Attach Notary
Acknowledgement and
Power of Attomey.

Revised-RG-10/31/16
DocuSign Envelope ID: A5688E80-F149-4E54-A134-04FE7085F8A8 172

ACKNOWLEDGMENT
State of California
Orange County of )
On Septmeber 29,2021 before me, Terri L. Piligian, Notary Public (insert name and title of the officer)
tn
I certifu under PENALry OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

F
Signature (Seal)
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
val of document.

DocuSign Envelope ID: A5688E80-F149-4E54-A134-04FE7085F8A8 173

ALL- PURPOSE

CERTIFIGATE OF ACKNOWLEDGMENT
A notany pubfiu ,nr ollmr offic+r compleling thjs certilicate 'verifes only tlm idenlity uf the indiviclual who signeti the document to which ttris onrtitir;ate is altache'd, artd rrpt the trutrhfulr-les's, accuracy, or validifu o[ tlut documenl. ,State of California
{}nunty of Ora noe
)
I
0n StP 28 Z02l ibefore rne, M. Barreras, Notary Public
per$onally appeared Janina Monroe
who proved to me on the basis of $atisfactory evidenoa to ibe the person{S whose name{si isinm subscrfbed {o the withirm instrurment and asknowledged to rne that hnlshe/Rigy execu{ed the same in his/her/ihrir authorized capf,cityftssX and ihat by kisdherlha?ir signature${ on the inrtrument the person$l, or lhe enttty upotl behalf of urrhich the person{o$ acted. exesu{Ed the instrument,
I certify under iPENALTY OF PERJURY urnder the ilaws of fhe ,$tate sf 'California that the fonegoing paragraph is tr,ue and norrect.
\tflTNESS hend and official eeal

M, BARRERAS
Notary Public - California
Orangc CounlY
Commisiion # 2217716
My Comm, ExPires Nov 5,2021
nslure (Notary Putrlic'iieall
a.

ADDITIOS'IAL OPTIOF{AL IhI FORMATIO T{
CIESCfiIPTION OF THE ATTACHED DOCUMENI
{Tillo e ' demrir:ion ci at,l;hed documerll
jTille sr,ioscript on c'l aIac]en .documen: conlintrecli Nunrber ol Paqer
-
Docunrenl DateI]'ISTR["'{'TTO},I5 F',C}R CIOIV'PLETING T}JIS F{]R}'{ lJtis,lnrrlt towpliesthl, c]Brcftl (:ttlilnrr!& $ilrfitrt fel!flfrflittg ttfttaN )totrlin* frnrJ t{ we.drJ. should lre tvr'IJiltvti.i t$td ail{tctrt'd lx #w tlotttfiwnt. .'4t:knaln*dgtnts livnt o/Lrr rjlrltr{r t/!il} Ia c un!fulrtl ltt :JurtrnrelLr br'+rg set il tfi lhfit slttlr srJ la48 rti dl.l *witnp lucti tutl tvqrirr rkc Culilvniu tnktl'n r.id'tg t'ilifvrtt!tt nolru ! I'rw" r Stalr: iru'l C(rlurbr irtfurrturtrotr t.arrrt ht thr: Smtetrrrd {-:c,rn$}'q'hi:!t tls cln*tltt*ttl xigrslr,i purxarulh lruu;'+rr'il lcfurr rlrr *i'la.r1r puliliu ltl nrkrnnvledgtlrtnl, r l)ar* sf oolarizritic,n rrrrlrt be t}s dntt lhfit litil sjgr${sl fimsrrlr'lly agxiireri ubjch {oilli rrlgir be *rr stniu r1$a tlte nrhn+'+ledg,ltt*rl is ftxlqrleletl . Ttr |l*tiil] lxrbiit: tntrtl prrrt lris rri lti:r D;ltni at it sFlielrs t+itltiru his nr ht* t'onrnriss.lsu follou"ed lry o r-,a,urt:a ond thcl ymti titlr lin,urt Fihlit:r' a Pri$t rhe rlnfist..f:r': oi'drtumcnt rrq$riA) u;hn lxnondll itpl,t'trt' al the ltmt ol' fiotf{rir!'lticdit,
r In<licnt* the r.il:"rjt -rinlrtlat nr plttral loruns lt3- inrssng {!l} incinlLlel firlrtl {i.t. 'h?&rrc"'{l{.!- ii J*r+ ,l tu. ciulinft th{ rffm.{;l lhm!\ I"nihlrt lfl r:mirltr indrr:il{e lhiF irrlix:narricrl rorlry lt*rd la rtj<,ciitttr rrl'tltrrrnt:tl rptnnlirtg " I'hc firnilr'! lell 'rrnllilttotrnrtt:{t lrc c[r;i.tf tntl trthtltog.rn;rh:cnl]y rrpl'tlluliblr, lrnfrf,*sirn m{lst r1r)r r:ol'dl tfrt nr |nct. ill sezi trtprcrslcn tltrtrJgts, rt-sixl rl ;t sulfii:ienl arf'r 1>turrrits' rrll{nviqf i;irnlrlete n dif'liltnt l|ikltflEiedgnrtfrl ,itfi$, e Signanice of the noliu! prhltc urx'xl m*lth lhe ilgtlir(urt {rn fiil* w;th rht {}lltct $l' nhr t:ourty ;leih.
* . .ldjtiotal iralunuatitur is nrrl rtr;uinxl lrrrd r:tlkl ltel]] lo r:t,ltilrlr thi5 rickrroulerlgtuenl i* ltr'i urjsussd or st{oclted lo n di:tTe,isrr{ ilo;ultsrt. + l$dii*tc litlr +r f}!rc r{ annshud tl+srrnrcui, uuuilrrx ttf pu;es nnrl dltl+. + hidr.erc thr (s$ncrlv cltiih*d hry tt* rignen, ld ilrc c,lurrl-d *aprtijin, ;is a d1fir'tli:1? t(r rr llic fl . nldr,:stc t hrr m l lt i t. i' t f ' ( )r ('n{ ), litafl"ltr/} . SnrrrDlti itHAih [h1$ fk]uum[ni lD thc rigff4 dorulnffil v,llh 0 ltfiFlc riii:!"rL-r"li't '.', ,',.1,1"iitr, ii,-r,,- -'; 'rtr li-.':-irri'

CAPACITY CLAIMED BY T'HE SIGNER
if lndividLlafl(s)
[] Cnrporaie 0ffiper
iTitlel
n Fartnsr{s}
fi Attomey-in-Fact
f'l Trustee(s)
n Olher
DocuSign Envelope ID: A5688E80-F149-4E54-A134-04FE7085F8A8 174

PHILADELPH IA INDEMNITY INSURANCE COM PANY
on c Bala Plaza, Suite I 00
Bala Cyr wyd, PA I 9004-0950
Porryer ofAttorney
KNOW ALL PERSONS BY IHESE PRESENTS: Ttrat PHILADELPHTA tNDEMNITY INSURANCE COMPANY (thc Cornpany), a corporation organizcd and cxisting undcr th c laws of thc Commonwcalth of Pcnnsylvan ia, docs hcrcby constitutc and appoint JANINA MONROE, THOMAS G. MCCALL' TIMOTHY J.

NooN1.N, MtcHELLE HAASE AND MARTHA BARRERAS oF LocKToN coMPANIES, LLC its true and lawful Attcrncy-in-fact with full authority to exccute on its bchalfbonds, undertakings, rccognizanccs and othcr contracts of indornity and writings obligatory in the naturc thcrmf, issued in thc coursc of its busincss and to bind the Company thucby, in an am olnt not to cxcccd $5O000.000.00.

This Porycr ofAttorncy is grantcd and is signcd and scaled by lacsimilc undcr and by thc authority ofthc following Resolution adoptcd by the Board ofDirectors of PHIIADELPHIA INDEMNIIY INSURANCE COMPANY on thc l4'h of Novcmber,20l6.

RESOLVED: Ihat thc Board of Dircctors hcreby authcrizcs thc Prcsidcnt cr any Vicc Prcsident of thc Company: (l) Appoint Attorncy(s) in Fact and authorize thc Attorncy(s) in Fact to cxccutc on bchalf ofthc Ccmpany bonds and undcrtakings, contracts of indcmn ity and othcr writings obligatory in thc naturc thcrcol and to attach thc soal of thc Conpany thcrcto; and (2) to rc,mwc, at any timc, any such Attorncy-in-Fact and rcvokc thc authority givcn. And, bc it
Ihat thc signatures oisuch officcrs and thc scal ofthe Companymaybc alfixcd to any such Powcr ofAttorncy c'r ccrtificatc rclating thcrcto by facsim ilc, and any such Power of Attorncy so cxccutcd and ccrtificd by lacsimilc signatures and facsimilc scal shall bc valid aird binding upon thc Company in thc future with rcspcct to any bond or undertakingto which it is attachcd.

F'URTHER
RESOLVED:

IN TESTIMONY WHEREOF, PHILADELPFIIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSIRUMENT TO BE SICNED AND IIS coRPoRATE SEALIO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27TH DAY OF OCIOBER. 2OI?. (seal)
Robcrt D. O'Lcary Jr., Prcsidcnt & CEO
Ph iladclph ia Indvnn ity Insurancc Company
Onthis2?ftdayoflOctobcr,20l?,bcforcmccamcthcindividual whocxccutcdthcprcccdinginstrumcnt,tomepcrsonallyknown,andbeingbymcduly that hc is the thcrein dcscribcd and authorized officcr oithc PHILADELPHIA INDEMNITY INSURANCE COMPANYi that the scal affixcd to said in thc Corpc'ratc seal ol said Company; that thc said Ccrporatc Scal and h is sign ature wcrc duly affixed, swmn said
srument is
Notary F.rblic:
residing at:
(Notary Scal)
My conm Smtcmber 25^ 20?l ission cxpircs:

I, Edward Salagq Corporatc Secrctary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,.do hucby ccrtify that thc forcgoing.rcsolution. of the Bmrd ol Iiircctors andthipower olAttuncy issucdpursuantthcrctoon the2?'hdayof Octobet,20l? arctrucandcc,rroc't andarcstill in full forccandclfcc'|, I do iurthcrcertify that Robcrt D, O'Lcary Jr., wh o cxicutcd the Powa ofAttorncy as hcsidcnt, was on the date ofcxccution ofthc attachcd Powcr ofAttorncy the duly clected President oIPHILADELPHIA INDEMNIIY INSURANCE COMPANY,
Bala Cvn wvd. PA
Edward Sayago, Corporatc Sccrctary

PH ILADELPH IA INDEM NITY INSURANCE COM PANY
In lcstim ony Whcreof I havc subsoibcd my nam c and affixcd thc lacsim ilc sral of cach Company th is -
day of SEP 28
927
N!_
DocuSign Envelope ID: A5688E80-F149-4E54-A134-04FE7085F8A8 175
Bond No P80301 0408091
Premium $
included in performance bond
SECURITY BOND FOR LABOR Ai\[D MATERIALS OF

SUBDIVISION AGREEMENT
Tract Map Nc.r ?001 0
WHEREAS, the City Council of the City of Fontana, State of Califomia, nnA LS-Fontana LLC Principal") have entered into ar agreement dated (the "Agreement") which is incorporated herein by reference, in whic.h Principai has agreed to construct, irstall and completed certain designated public improvements; and WHEREAS, under the terms of the Agreement, Principal is required to file before commencing work a good and sufficient paym.ert bond with the City of Fontana to secure the claims allowed in CaliforniaCivil Cocle Sections 3082 et seq.

NOW, THEREFORE, Principal and the undersigned as corporate surety, are held firmly bound unto the City of Fontana and all contractors, subcontractors, laborers, material men and other perscns employed in the performance of the Agreement and referred to in the above refelenced sections of the Code of Civil Procedure in the sum of trtine Million seven Hundrecl Ninety Five. 7S5,867_SB malerials furnished or labor performed of any kind under the Agreement, or for amounts due under the Unemployment lnsurance Act with respect to such work or labor, that said surety will pay the sum in an amount not exceeding this amount herein set forth above, and in the event legal action is brought upon this bond, the surety will pay, in addition to the face amount af this hond, such costs and reasonable expenses and fees, including reasonable attorney's fees, incurred in successfuily enforcing this obligation, as may be awarded and frxed by a court of competent jurisdiction in any judgement entered. *Thousand Eight Hundred Srxly Seven and 9B/100 It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of all pelsons, companies, and corporations entitied to file claims prusuant to Seption 3082 qt seq. of the California Civil Code.

This bond shall be and remain in frrll force and effect until all tenns and conditions of the Agreement are fully met and performed by the Principal, his or its heirs, executors, administrators, successors or assigns, to the satisfaction of the CJity of Fontana. Upon firlfillment of the obligations set forlh in the Agreement as specifiecl above, this obligation bond shall become null and void.

The surety hereby stipulates and agrees that no change, extension of time, alteration to the terms of the Agreement or the specifications accompanying it shall in any marurer affect its obligation on this bond and surety hereby waives notice of any such change, alteration or addition.

Revisecl - RG - 10/31/16
DocuSign Envelope ID: A5688E80-F149-4E54-A134-04FE7085F8A8 176
IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original have been duly executed hy the Principal and Surety, as evidenced by the signatures of their duly authorized representatives whose signatures appearbelow, oflthis zeft dayof septemlrer , 20 21
PRINCIPAL LS+ontanaLLc
(NOTARIZATION AND SEAL)
SU lndemnity ln surance Company
Monroe, AllorneyJn-Fact
(NOTARIZATION AND SEAL)
NOTEr Please Attached Notary
Acknowledgement and
Power of Attomey
Revised-RG-10/31/16
DocuSign Envelope ID: A5688E80-F149-4E54-A134-04FE7085F8A8 177

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
of that document.

State of California
County of Orange )
on Septmeber 29,202L before me, Terri L. Piligian, Notary Public (insert name and title of the officer)
personally appeared Shannon Whittaker
in
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

TERRI L. PiLI6IAN
WITNESS my hand and officialseal.
- Catlfornld
t
Comm. txpire! DK
S (Seal)
DocuSign Envelope ID: A5688E80-F149-4E54-A134-04FE7085F8A8 178

ALL- PURPOSE
CERTIFICATE OF ACKhIOWLEDGMENT
A nolany public cr otl'rer offic+r completing this pertificate veriteo only the iclerrtity of lhe individual whn signed the dncutnant to wlti.ch tttis oartifir;ata is attsched, and ruot the lruthfulness, accurany, or valielifu cf tlrat dscumenl $tate of California
County wf Oranoe
0n sEP 28 2021 hefore rne., M. Barreras, Notary Public
i|lry3
personally appeared Janina Monroe
who ,proved to me on the basis nf satisfactory evidence to ibe the perssn{& whose name$! is/nm subscr{bed {o the withirn instnurnent and acknowledged tu rals that kalsheffiy execu{ed the same in hisfiner/tttdr authorized capacity{ier)c and that by hidher.ffircix signature$$ on l,he instrument the personffi, or the entity upom behalf of vrthich the person{o{ acted. executed the instrurnent,
I certify under FEil{ALTY OF PERJURY urnder the ilaurs of (d"te ,$tate a'f 'Galifornia tl"rat the fonegoing parasraph is true and norect,
WlTl'IESS my hand and official,seal, M. BARRERAS
NolaryPublic Calilornia
Orange CottnlY
Commission ll 2217716
)
)
),
i,ly Comm. ExPires Nov 5,2021
nsture {Notary Pr*rlic Seal)
)
ADDITIONAL OPTIOI'{AL IhIFORTdATIO Iil
DESflRIPTION OF TH E,STTASI-IED DCCUMENT
{T;ll$ c" dcrciir}:ifi of att"l:hed dccrmentj
{Tilla or.descripl on c'l a[ac]eri clocumanr conlinrreoj NunberalPapes
-
Documenl DateIISTI{{..}{'T}O55 FOR CON,IP,{-ETIr\G -THLS F{lRXt{ 'lli-r.larurowpli*szthh r!.?'val{.:elifflilt!fl.eqrlttftttr*atulitrtirtttt)rv\tild'hr'$nltd t.l ncedtd. shauld ttp L'tiltptcEtl tttd tltlt1iltt\l trj #N t{o{,flfleil!",tr:*?!ol\,".tdg,!nl3 liorfl olhrr s!iltui nuS lx ruil4,ltvd ft| r'futt.ltreriLr ll.rr,8 stil! la $u! tltilP s{t |]!IIS ds lht tru':,liag dues nul t.-t1utt,t, tht Cultfirnfu nil:rt.!' b ri*lutt (tiiftrttiu natur y luw. " sta{'; r,rurj {1asr4y iirftrrllurhiln r.ililfl bs tLe S{ttt$rrrl {-:DurEt lrhntl tle dffrrrrteul xign*1:,1purxaruJl! *Fpitsrtl lrefuru rlrr nelary pulrliu lirr nrkrrtnxletlSntrrt. r Dat* sf not',rrizrrtic,n nrusl br r}e drlr thlt lh.r 3i,grrrts) $mrrnllly nl4tur*tl shicL {nu!i ,rlgiitr trr stm+ dtne rhe ctkn*'+ledptenl is ctrryletod. . fiir t*l;tr] lxrbi,it rmrtt pirt his fi] ltir nirrrtr nd it 3tr.ll'Jars *jlltir hig or hcl romrniss.ion irrllc,q"*d Lry a r.*rlrnn nnrl flrcr yf'rrr litle innt*ry prrlrlit:1, o PriAt thr iurr,rle{.+) ol'docurncnt.ilousrirJ r{rrtr Jrrric'nailv fiFl}eid'd {he 4rnr rrl' urotftri antiotr .
. tndlcnle $te dfrr,:r4 rilgrLlar nr plunl lirrunr t)1' "nl lng rll] incrntU(l frnnr (i.t. '*nv'glrcl+l:q+ it r+r* l tl cin:hntrq lhe ctlt*:t ihmts ["aihrr* l* t:ampcaly itldr(:ale l]tiF r'ahxrn+tlcur irny b*d lro rt.ifctilaar rri'd(rruttli:Dt rrtonlirtg- .
'lfte firrrfl,ry real r$Fri:d;r$n rrru$t hc c$cir .nntl phrrlcgrnphrcrllr x1r*udu*iLrlr, Irny,rcssinrn ffillsl fir'l {fr\'Er laxl rr ltnrs. ll stxtj lfilip!'ufii0nfl st:lttilgtl;, rc'si;al rl'n $ufficieBt nr4rh l)?irrit:i.. olh*r* itd itxtlurlslt 0 difltnr'nt +i:kn*r+lcdqnrenl i'nfifi. " Sisnannr of'rhe n*riu'y Jnlhk B{l.riit rntlrh {he s-trlnRun: sn iif,c wtrh tht {}llic,i &l' rthe r'.ourrt7 ;l*ik.
il 4"lrliliotul irjbnratitxr ii, Rtt Exfnl'ryj I'ru r,rrrrlrl htllt ltr rur;ruc thir ockrrur ler;lgme*t is crr-l r:isrsed or sltircfteri to n diil;li:n{ do;untsrt. + lfidiilstc ollc Dr r;,1ts od illurhdrl li<Arrrlrcu, Dmnber rf pru;cs rtn*l dut* + .hxlltralr thr (alJ{tcily clsfu$*rl t'y tlx signct, Jd rh; c.]ounrd capmill' ts tr {cdt}i}r?t{: olliifi ,
ilrdrrslf thr rll lD i t r l' t' (), ('ii'l !, |;c{trhry). . s$ilul,Dll {narh drrs r]{r*utn['flt lD thc luucd riot:ttncnr vllh I xtEpli ri) i''../:tsi.,r, :, .',.l!-i;11 ; ;i. :!i-,-,', r l]t]- ;: - r: :j*;.li CAPACITY CLAIMED BY THE SilGNER
rt lndividuail(s)
[-1 Ccrporate Offiser
{THe)
n Paflner(s)
fr Aftomey-in-Fact
tr Trustee{s}
n Other
DocuSign Envelope ID: A5688E80-F149-4E54-A134-04FE7085F8A8 179

PHILADELPHIA INDEMNIIY INSURANCE COMPANY
One Bala Plaza, Suitc I ffi
Bala Cyn wyd, PA I 9004-0950
Pon'er ofAttorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (thc Conpany), a corporation organizcd and cxisting undcr thc laws olthc Commonweahh of Pcnnsylvania, docs hcrcby constilutc and appoint JANINA MONROE' THOMAS G. MCCALL' TIMOTHY J' NooNl,N, MICHELLE HAASE AND MARTHA BARRERAS oF LocKToN coMPANIES, LLc its truc and lawful Attorncy-in-fact with full audrority to cxccutcon itsbchalfbonds,undcrtakings,rccognizanccsandothcrcontractsof indc,mnityandwritingsobligatmyinthcnaturcthcrmf,issucdinthccourscof its busincss and to bind thc Company thcrcby, in an am olnt not to cxcccd $5O000O00'00.

Ihis Powcr ofAttorncy is granted and is signed and scalcd by facsimilc undcr and by thc authotity olthe lollowing Rcsolution adoptcd by the Board ofDirectors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on thc l4th olNovcmbcr,20l6.

RESOLVED: Ihat thc Board of Dircctors h ereby auth crizcs thc Prcsidcnt cr any Vice Prcsidcnt of the Company: (l) Appoint Attorney(s) in Fact and authorizc thc Attorney(s) in Fact to cxecutc on bchalf ofthc Ccmpany bonds and undatakings, contracts of indann ity and othcr writings obligatory in the naturc thcrcol and to attach thc scal of thc Cornpany thcrcto; and (2) to rcmcuc, at any timc, any such Attorncy-in-Fact and rcvoke thc authority given. And, bc it

FURTHER
RESOLVED: That thc signaturcs oisuch officcrs and thc scal olthc Company may bc affixcd to any such Powcr ofAttmncy crr ccrtificate relating thcrcto by facsim ilc, and any such Powcr of Attorncy so cxccutcd and ccrtifiod by lacsimilc signaturcs and facsimile scal shall bc valid and binding upon thc Company in thc future with rcspcct to any bond or undcrtakingto which it is attachcd.

IN TESTIMONY WHEREOE PHILADELPTIIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT IO BE SIGNED AND ITS CORPORAIE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE IHIS 27TH DAY OF OCTOBE& 20I7. ...'::V.'i11lll.zik
-is ,i ri-i::, '-? I
ii i tsez';iii
'';lj; .::'1::i:-*s
';',,,
t...,,1,'."'i'"'
(scal)
Robcrt D. O'Lcary Jr., Prcsidcnt & CEO
Hr iladclph ia Indamn ity Insurance Company
On this 2?fi day of Octobcr, 201?,bcforc mc camc th6 individual who cxccutcd thcprcceding instrumcnt, to mc pcrsonally known, and bcingbymc duly swotn said that he is thc thcrcin describcd and auth orizcd officcr of the PH ILADELPH IA INDEM NITY INSURANCE COM PANY; that thc seal affixed to said instrumcnt is thc Corpuatc soal ol said Company; that thc said Ccrporato Scal and h is sign ature werc duly affixcd.

Notary tublic:
rcsiding at:
'rn
(Notary Scal)
M y cornm iss ion cxp ircs: Sentember 25^ 2021
INSURANCE COMPANY, do hcrcby certily that tht lorcgoing rcsolution of thc Bmrd of I, Edward Sayago, Corporatc Secrctary oIPHII.ADELPHIA INDEMNITY Iiircctors and th-e powir ofAttorncy iisucd putsuant thcrcto on thc Z?th day ofOctobcr, 201 ? arctruc and correct and arc still in full forcc and cffcct. I do lurthcr ccrti ly that Robert D. O'Lcary Jr,, wh o cxecuted thc Powcr of Attorncy as hcsident, of PHILADELPHIA INDEMNITY INSURANCE COMPANY.
was on thc datc ofcxccution olthc attachcd Powcr ofAttorneythc duly clcctcd Prcsidcnt Bala Cvn wvd. PA
Edward Sayagq Corporatc Sccrctary

PH ILADELPH IA INDEM NITY INSURANCE COM PANY
In lcstimonyWhcrcof Ihaycsubscribcdmynamcandaffixcdthcfacsimilcscal of cach Companythis day of SEP 28 2021 20 _.

DocuSign Envelope ID: A5688E80-F149-4E54-A134-04FE7085F8A8 180
Bond No, P8030104080s1-M
Premium $

SUBDIVISION WARRANTY OBLIGATION BOND
Tract Map No.l 2001 0
WHEREAS, The City Council of the City of Fontana, State of California, and, LS-Fonlana LLC ("Principal") have entered into an agreement dated the "Agreement") which is incorporated herein by referenced, in whic.h Principal has agreed to warrant and guarantee the installation and maintenance of cerlain designated public improvements, and
WHEREAS, under the terms of the Agreement, Frincipal is required to file before acceptance of improvernents by the City of Fontana a good and sufficient payment bond with the City of Fontana to secure the performance of its warranty and guarantee obligation under the Agreement.

NOW, THEREFORE, Principal a:rd the undersigned as corporate surety, are held firmly hor_rnd unto the City of Fontana in the sum sf one Millili !li1ll!dl!d Firtv Nine rhousand one Hundred $eventv rhree and 60/100 1,95S,173.60 to secure the warranty ard guarantee of Principal against any defective work or labor or material furnished in connection with the installation and maintenance of the public improvements required by the Agteement.

This bond shali be and remain in full force and effect, and shall indemniff ancl hold harmless the City of Fontana, its officers, agents and employees until all warranty or guarantee time periods required under the Agreement following perfolmance of all terms, covenants, provisions and conrlitions of the Agreement, and any agreed upon alterations or additions thereto have expired as to the Frineipal, his or its heirs, executors, administrators, successors or assigns.

Upon fulfillment of the obligations set fortl in the Agreement as specified above, this oliligation bond shall hecome null and void.

As a parl of the obligation secured hereby, Principal shall pay, in addition to the face amount of this bond, all costs and reasonable expenses and fees includingreasonable attorney's fees incuned bytlre City of Fontana in successfully enforcing tlis obligation, as may be awarded by a court of competent jurisdiction in any judgement upon this boncl.

The surety hereby stipulates and agrees fhat no change, extension or time, alteration or addition to the terms of the Agreement or the specifications accompanying it shall in any manner affect its obligation on this bond and surety hereby waives notice of any such change, alteration or addition.

Revised-RG-10/31/16
DocuSign Envelope ID: A5688E80-F149-4E54-A134-04FE7085F8A8 181
IN MTNESS WHEREOF, three (3) identical counterparls of ttris instrument, each of which shall for all purposes be deemed an original, have been duly executed hy the Principal and Surety, as evidenced by the signatures of their duly authorized representatives whose signatures appear below, on this zer' day of-9ep!ern!gl-,20-a-- PRINCIPAL Ls'Fonlana LLC
ARIZATION AND SEAL}
hiladelphia lndemnily lnsurance Company
Monroe, -Facl

ARIZATION AND SEAL)
NOTEr Please Attached Notary
Acknowledgement a-nd
Power of Attorney
t :i;: i1'
Revised-BG.-10/31/16
DocuSign Envelope ID: A5688E80-F149-4E54-A134-04FE7085F8A8 182

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
validitv of that document.

State of California
County of Orange )
on Septmeber 29,202L before me, Terri L. Piligian, Notary Public (insert name and title of the officer)
in
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct.

WITNESS my hand and officialseal
t
Signatu (seal)
@;'.ti'ii,,,i*$*,,
DocuSign Envelope ID: A5688E80-F149-4E54-A134-04FE7085F8A8 183

ALL- PURPOSE

GERTIFIGATE OF ACKNOWLEDGMENT
A nolau"y pubilic ,or ollrer offif,er completing this certificate verifes only'the identity of the indiviclual whs sigraed the dncument to wh{ch tlris oertificate is altached, and npt tlre truthfulnesg, accuracy, or validify 6f tl'tat documefiL State of California
County pf' Oranqe
SEP 28 /OZ1
)
l
CIn
per$onally appeared
ibeforre rne, U.Egrrgra:.Ngtary fuP,liq. ., . . ._ iilq: rn9cn nffi4 Jng qle 6 ue onL'DrJ Janina Monroe
uuho proved to me on the basis nf $atisfactory evidenoe to lbe the person{& whose name$i is/nxn subscrdbed {o the withim instrrrffdent and acknowledged to me that knlshe/h6y exec,uted the same in his/faer/ffidr authorized capacitytiiex)< and that by hisCher.lsreix signatures$ on t,he instrument the personffi, or the entdty upon behalf nf which the person{o{ acted, executed the instrurnent,
lcertify under FE|'IALTY OF PERJURY underthe laws of t{"re $tate rf 'Galifornia that the foregcins paragraph is tr'ue and norrect,
WITNESS hand and officialseal M. BARRERAS
Notary Public - Calilornia
orange CounlY
Commission # 2217716
My eomnr, ExPires Nov 5, 2021
nafu"lre {Notary Futrlic lie.al.1
+
ADDITIOilAL OPTIONAI- I}'JFORMAfl O N
DESCRIPTION NF lliE ATTACFIED DOCUMETIT
{Till+ c' 09.$rir:i0u 'rf aU*r,;he{ dmui'nerti
lTille,:r,Sascripior rl flnacled docilme r conbnttadj
Nurnber ol Fages
--
Docurenl
I:'IS]'R{.}{'T1O55 F{IR COIVTI'I-ETIhIG THIS FORTd
lJtis/atwtowfllestith at$'rpn!(jtli{rrrrt'!{t.twrri{tt'P*oldirtgrthlrlw\ti,:rlldqnitd r! uet.ttd. shcnkl t't ttnptelt:tl etilt arlfithed ld iltt r{o(:iltlrtil!.,4dt roh{cdr,?rtts.firin plhrt'stules nn2 Xr* ruartr ltfud fia'ittt'tntexls biltg ttttt ID #1ilt rttrc st, JutF ir.r /r *uifing ila* t*t* tvtprtt,t thc Culi{uruiu troleqy lv r.iuJag tluhfutiu nolit v I'sw- . $tatr lUl'J CrruilLi. .irrlirrrurtroll r:or.rsl bs thF Smururd {-lourtf} uitlrtt thti clrxjtrrllrttl xilplmls) purstarullr'' u.pIJr:arr'd Irefure tl*.nclarx pul{iu {irr rrckrrtr*1rrlgtntrtl, .llatu$fnotaririrtic,rrlrustlrilrrrlrtethgttbea.igsrr(s]ilusnnrll;vnp1r*.u:rdr*bidr dilr! trl$ir}e lir srrn:* tlrL(* the.or&rro'xledg.rtt<nl is t+rrnplele*l . Tllr lrrt;ily lxrlriir: rnrrft p-irt lris nr hrx rtilrrrrl fi; !1 g|li*nts rvithiu hit nr hm r-nnunissiou f;i:lfory+d Lry a mlrrrra irnrl thnr ymu titJc finttry prrlrlit:1, " Fri$t rhc l&rrr{,fjl r,l drirrlftcn! .il.$l€rit) r{hr'r 1:rionnlll np;}eiir' ill fhe srtfle rrl' [x?tirriiltiOn.
. lndkntr the crxrer{ rirrgular nr plrrrrl lirrmr l}y ir(|silng ilfl itrc,:nrctl i0t:lrs {i-t. hedw.'r$ij.- ir lfi€ I {il cixlingtht cr:'fie.;I ihr$\. l"aihlr.l lfi i:rmi)c|lly intlic;lt* this irrtiurnttintt tr*y l{'ild tt} r'r,!(ct;&r i}i'tlotrttt:::rt nx:nrrlirtg. r 'iltr flolil'r- reirl imlrrijlsrotr nu$t hc c{1J3r irntl lhiltogmFhicrrliy rtputlwrirlc. lmprcrsi*n trnst fic,L cfir*fl'lelt nr hntr lI $exd rflrflrdsj[on stnutlgts, rc.$cal rl fl suffi*ienl irrrn 1rtrrailr. +th*rrvigf t;inirylale n di(1lsrml lH:kno'le.dr:tttnl ribtrn. . Signan-r'* frl'{hr nomry'prblt* nrrtrl rltidch 4he flqruttufle $n trfu wtdr rhe {}l'fti:'i ol ithc tnrrrty t lrrh.
+ A.*tliorrql ltfr:rruatitrt ir rral r<r;nirrxl lrr! ttrrkl ht\l ltt ru:itnt fllir *el,.rrrrr l+r;lgnrerrt il utr-1l rt:isused ot attaehed ta a difTg'qnl {ioiunr*rt. .r hrdii]stc ritlc rrr Bilc ol irlt{'3h{rd tlogrurten{, Dutrhbr oJ FffJs! iltrd dtlhr. + .hrdrr{{tr thfi (aSxicitv rltlilntd try llrl }igner. ld;tht (J!$nL.d cap*;in, ts a dtr'il* t$ttr nttri({ir, rrdr*iBlc I hl ltt h i I i. t' f ' (), ('}'l )} l;r'{l'r$ry}. r s'iil[,s]y nflarl rhri rlorunr*nt lo lhc -rigbcd dofluricr}l &1tlh B 3t0Flc CAPACITY CLAIMED BY THE $ilGNER
tl lndividLrail(e)
n Cnrporate Offioer
t | IIle.]
n Partner{e)
I Attnrney-in-Fact
n Trustee{s}
0ther
DocuSign Envelope ID: A5688E80-F149-4E54-A134-04FE7085F8A8 184

PHILADELPH IA INDEMNITY INSURANCE COM PANY
onc Bala Plaza, Suitc I 00
Bala Cyn wyd, PA I 9004-0950
P0wer ofAttorney
KNOW ALL PERSONS BY THESE PRESENIS: That PHILADELPHIA INDEMNIIY INSURANCE COMPANY (thc Company), a corporation organized and cxisting undcr th e laws of thc Commonwealth of Pcnnsylvan ia, docs hcrcby constilulc and appoint JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J.

NOONAN, MICHELLE HAASE AND MARTHA BARRERAS OF LOCKTON COMPANIES, LLC its truc and lawful Attorncy-in-flact with full authority to cxccutc on its bchalfbonds, undcrtakings, rccognizanccs and othcr contracts of indcmnity and writings obligaruy in thc naturc thmmf, issucd in thc coursc of its busincss and to bind thc Company thcrcby, in an affi qrnt not to cxcccd $5O000O00.00.

Ih is Poscr of Attorney is grantcd and is slgncd and scalcd by facsim i lc undcr and by thc authority ofthc following Rcsolution adoptcd by thc Board of Dircctors of PHIIADELPHIA INDEMNITY INSURANCE COMPANY on thc l4u of Novymber,20l6.

REEO LVED: That thc Board of Dircctors h crcby auth crizcs the Prcsidcnt cr any Vicc Prcsidcnt of thc Company: (l) Appoint Attorncy(s) in Fact and authorize the Attorney(s) in Fact to cxccutc on bchalf of thc Ccrnpany bonds and undcrtak ings, contracts of indvnn ity and othcr writings obligatory in thc naturc thocof and to attach thc scal of the Conpany thcrcto; and (2) to rcmwc, at any timc, any such Attorncy-in-Fact and revokc thc authority givcn. And, bc it

FURTHER
RESOLVED: That thc signaturcs olsuch olficers and thc scal ofthc Company may bc affixcd to any such Powct ofAttorncy or ccrtificatc rclating thcrcto by facsim ilc, and any such Powcr of Attorncy so cxecutcd and ccrtifiod by lacsimile signaturcs and lacsimile scal shall bc valid and binding upon thc Cornpany in thc futurc with rcspcct to any bond c,r undcrtaking to wh ich it is attachcd,

IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNIIY INSURANCE COMPANY HAS CAUSED THIS INSIRUMENI TO BE SICNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFiCE THIS 2?TH DAY OF OCIOBE& 2OI?. ..,.:"pt:lt1il1.,i,a
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Robcrt D. O'Leary Jr., Prcsident & CEO
Fh iladclph ia Indamn ity Insurancc Company
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I, Edward Sayago, Corporatc Scoctary ol PHL"{DELPHIA INDEMNITY INSURANCE COMPANY, do hcrcby ccrtily that thc fmcgoing rcsolution of the Bmrd of D ircctors an d thi powcr of Attorn cy issued pursuant th crcto on thc 2?th day o[ Octobcr, 201 ? arc truc an d concct an d arc st ill in full forcc an d cffcct. I do furth cr ccrtily th at Robert D. O'Lcary Jr., wh o cxccutcd thc Powcr of Attorn cy as Prcsidcnt, was on th c datc of cx ccut ion of th o attach cd Powcr of Attorn cy th c duly clected hcsidcnt of PHILADELPHIA INDEMNITY INSURANCE COMPANY. I
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Edward Sapgo, Corporatc Sccrctary

PHILADELPHIA INDEMNITY INSURANCE COMPANY
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$
DocuSign Envelope ID: A5688E80-F149-4E54-A134-04FE7085F8A8 185
8353 Sierra Avenue City of Fontana Fontana, CA 92335
Legislation Details (With Text)
File #: 21-2067 Version: 1 Name:

Type: Consent Calendar Status: Agenda Ready
File created: 3/2/2023 In control: City Council Meeting On agenda: 4/11/2023 Final action:

Title: Acceptance of Final Map for Tract No. 20010
Sponsors:

Indexes:

Code sections:

Attachments: 1. Vicinity Map.pdf, 2. Tract Map.pdf, 3. Subdivision Improvement Agreement.pdf Date Ver. Action By Action Result
FROM:

Engineering
SUBJECT:

Acceptance of Final Map for Tract No. 20010
RECOMMENDATION:

Approve the Final Map for Tract No. 20010 located along Coyote Canyon Road north of Duncan Canyon Road; accept easements; and authorize the City Manager to enter into a Subdivision Agreement with the subdivider.

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

DISCUSSION:

Tract No. 20010 is located along Coyote Canyon Road north of Duncan Canyon Road. The subdivision consists of 233 single family units, 108 condominium units, and 131 townhome units.

The Tentative Tract Map No. 20010 (TTM16-000003) was conditionally approved by the Planning Commission on February 26th, 2019. All conditions precedent to submitting the final map have been completed by the applicant. The subdivider, Arroyo Cap II-6, LLC, A Delaware Limited Liability Company, has complied with the Conditions of Approval and has dedicated the required streets and easements as a part of the project. The tract map has been reviewed by the City Engineer and is found to be substantially correct.

In addition, an authorization is requested for the City Manager to enter into a Subdivision Agreement with the subdivider to guarantee the completion of required infrastructure in accordance with the City of Fontana Page 1 of 2 Printed on 4/12/2023
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DocuSign Envelope ID: A5688E80-F149-4E54-A134-04FE7085F8A8 186
File #: 21-2067, Version: 1
with the subdivider to guarantee the completion of required infrastructure in accordance with the Subdivision Map Act. This map is now being brought to the City Council for final approval.

FISCAL IMPACT:

This action will only approve the tract map for recordation and authorize permits for the construction of the development, therefore there is no fiscal impact to City resources at this time.

MOTION:

Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 4/12/2023
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DocuSign Envelope ID: A5688E80-F149-4E54-A134-04FE7085F8A8 187
Certificate Of Completion
Envelope Id: A5688E80F1494E54A13404FE7085F8A8 Status: Completed Subject: Subdivision Improvement Agreement w Bonds - Monarch Hills Source Envelope:

Document Pages: 29 Signatures: 5 Envelope Originator:

Supplemental Document Pages: 2 Initials: 0 Purchasing Office Certificate Pages: 6
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
8353 Sierra Avenue
Fontana, CA 92335
[email protected]
IP Address: 192.146.186.96
Record Tracking
Status: Original
4/13/2023 | 11:08 AM
Holder: Purchasing Office
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Jeffrey Brouelette
[email protected]
Principal
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 75.3.103.153
Sent: 4/13/2023 | 11:19 AM
Viewed: 4/13/2023 | 01:19 PM
Signed: 4/13/2023 | 02:55 PM
Electronic Record and Signature Disclosure:

Accepted: 4/13/2023 | 01:19 PM
ID: a70f1580-e89c-4fd3-bbf6-de942bac1c16
Gia Kim
[email protected]
Public Works Director/City Engineer
City of Fontana
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 192.146.186.96
Sent: 4/13/2023 | 02:55 PM
Viewed: 4/13/2023 | 02:57 PM
Signed: 4/13/2023 | 02:57 PM
Electronic Record and Signature Disclosure:

Accepted: 4/13/2023 | 02:57 PM
ID: 2e5e3a08-0a96-4f83-a46c-3be4141873b6
Ruben Duran
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 174.195.134.69
Signed using mobile
Sent: 4/13/2023 | 02:57 PM
Viewed: 4/27/2023 | 09:36 AM
Signed: 4/27/2023 | 09:36 AM
Electronic Record and Signature Disclosure:

Accepted: 4/27/2023 | 09:36 AM
ID: 3ec2d2a5-d77b-4868-a18f-600f113669bb
Matthew C. Ballantyne
[email protected]
City Manager
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 192.146.186.96
Sent: 4/27/2023 | 09:36 AM
Viewed: 4/27/2023 | 12:14 PM
Signed: 4/27/2023 | 12:15 PM
Electronic Record and Signature Disclosure:

Accepted: 4/27/2023 | 12:14 PM
ID: b6ee0903-9eac-48ec-89b9-a1d33b9289df
188
Signer Events Signature Timestamp
Supplemental Documents: Legislation Details (With Text).pdf Viewed: 4/27/2023 | 12:14 PM Read: Not Required
Accepted: Not Required
Germaine McClellan Key
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 107.201.246.59
Sent: 4/27/2023 | 12:15 PM
Viewed: 4/27/2023 | 12:32 PM
Signed: 4/27/2023 | 12:33 PM
Electronic Record and Signature Disclosure:

Accepted: 4/27/2023 | 12:32 PM
ID: 733bbb57-8865-4d29-b328-ddf84127d56f
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Kathy Kasinger
[email protected]
Records Coordinator
Security Level: Email, Account Authentication
(None)
Sent: 4/27/2023 | 12:33 PM
Electronic Record and Signature Disclosure:

Accepted: 4/27/2023 | 07:50 AM
ID: b35fd816-2baf-4999-b09e-803ed7bc5813
Henry Pham
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 4/27/2023 | 12:33 PM
Viewed: 4/27/2023 | 01:15 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 4/13/2023 | 11:19 AM
Envelope Updated Security Checked 4/13/2023 | 11:43 AM
Envelope Updated Security Checked 4/13/2023 | 11:43 AM
Envelope Updated Security Checked 4/13/2023 | 11:43 AM
Envelope Updated Security Checked 4/13/2023 | 11:43 AM
Envelope Updated Security Checked 4/13/2023 | 11:43 AM
Envelope Updated Security Checked 4/13/2023 | 11:43 AM
Certified Delivered Security Checked 4/27/2023 | 12:32 PM Signing Complete Security Checked 4/27/2023 | 12:33 PM
Completed Security Checked 4/27/2023 | 12:33 PM
189
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
190

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
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Electronic Record and Signature Disclosure created on: 2/2/2017 | 06:54 AM Parties agreed to: Jeffrey Brouelette, Gia Kim, Ruben Duran, Matthew C. Ballantyne, Germaine McClellan Key, Kathy Kasinger 191
How to contact City of Fontana:

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192
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By checking the 'I Agree' box, I confirm that:
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• Until or unless I notify City of Fontana as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Fontana during the course of my relationship with you. 193
Revised – KE -9/17/20

SUBDIVISION IMPROVEMENT AGREEMENT
Tract Map No.:

THIS AGREEMENT is between the City of Fontana, a municipal corporation, County of San Bernardino, State of California ("City") and
("Subdivider"):

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

1. General requirements:

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

All required improvements have an estimated cost of construction totaling ____________________________________________________________ ($ ) as shown on Exhibit "A".

Improvements are shown on approved plans on file with City Engineer.

The estimated cost of construction set forth in Exhibit “A” is for estimation purposes only, and for calculation of the amount of securities 20010LS-Fontana LLC 20010 February 26th, 2019 65,495 Sixty Five Thousand Four Hundred Ninety Five 194
Revised – KE -9/17/20
required pursuant to the provisions of section (2), below. Subdivider’s obligation to complete the improvements, or any portion of them, is not limited in any way by the estimated cost of construction, and the obligation of Subdivider’s surety in connection with the securities required pursuant to the provisions of section (2), below.

2. Security:

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

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

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

The security, which guarantees performance, can be released upon acceptance of the improvements by the City Council. The security which guarantees payment to contractor, sub-contractors and to persons furnishing labor, materials or equipment will be released 6 months after acceptance of the improvements by the 195
Revised – KE -9/17/20
City Council, less the total of all claims to which the City has been given proper notice.

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

3. Time of Completion:

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

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

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

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

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

4. Effective Date of Agreement:

This Agreement shall not become effective unless and until the Subdivision Map has been approved by the City Council of the City of Fontana and also accepted 196
Revised – KE -9/17/20
the Final Map for recordation by the County Recorder of the County of San Bernardino.

5. Utility Deposits - Statements:

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

6. Permits - Compliance with Law:

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

7. Definition and Ownership of Improvements:

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

8. Obligations of Subdivider:

Notwithstanding the fact that Subdivider's plans and specifications, completion of the work, and other acts are subject to approval of the City, it is understood and agreed that any approval by the City thereof shall in no way relieve Subdivider of satisfactorily performing all work on the related obligations hereunder. The construction shall be done strictly in accordance with the plans and specifications prepared by Subdivider or its engineer, and as approved by the City as being consistent with the City Code and Standards. Subdivider warrants that its plans and specifications conform as a minimum to all City codes and standards and that they are adequate to accomplish the work in a good workmanlike manner and in accordance with responsible construction practices.
197
Revised – KE -9/17/20

9. Superintendence by Subdivider:

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

10. Repair and Replacements:

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

11. Inspection by City:

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

12. Approval by City Engineer.

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

13. Liability for Performance Injury or Damage:

Neither the City nor any of its officers or agents shall be liable to Subdivider or its contractors for any error or omission arising out of or in connection with any work to be performed under this contract. Additionally, the City shall not be liable to the Subdivider or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any 198
Revised – KE -9/17/20
cause whatsoever in, on, or about the subdivision of said land covered by this Agreement, or any part thereof.

14. Indemnification and Release:

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

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

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

15. Liability of Subdivider:

The Subdivider agrees that the use for any purpose and by any person of any and all of the streets, easements and improvements herein specified shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the City of the completed street and other improvements thereon and therein; provided that acceptance by the City shall in no way eliminate or lessen any of Subdivider's obligations or undertakings contained in this Agreement. The issuance of any occupancy permits (if granted) by the City for buildings located within the subdivision shall not be construed in any manner to constitute an 199
Revised – KE -9/17/20
acceptance and approval of any or all of the required improvements in said subdivision.

16. Relationship of Contractors:

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

17. Repair or Reconstruction of Defective Work:

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

18. Warranty:

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

19. Assignment:

This agreement shall not be assignable by Subdivider without written consent of City.
200
Revised – KE -9/17/20
IN WITNESS WHEREOF, this agreement shall for all purposes be deemed an original thereof, having been duly executed by the Subdivider herein named on the day of , 20 being duly signed by its undersigned representative(s) pursuant to authority of its governing body.

SUBDIVIDER CITY OF FONTANA
By: By:

Mark Denny, City Manager
By: Attest:

Tonia Lewis, City Clerk
APPROVED AS TO FORM:

By:

Ruben Duran, City Attorney
APPROVED AS TO CONTENT:

By:

Ricardo Sandoval, City Engineer
Attachments: (1) Exhibit "A" – Cost Estimate
(2) Exhibit "B" – Time Extension
(3) Securities
201
11/18/2021 - RG

STAFF USE ONLY
ENGINEERING PC NO.
__________________

CITY OF FONTANA

ENGINEERING DEPARTMENT
COST ESTIMATE - EXHIBIT "A"
DATE: _____________________
DEVELOPER PROJECT NAME__________________
ENGINEER TRACT MAP NO._________________
PHONE NO. PARCEL MAP NO. _______________

STREET IMPROVEMENTS
UNIT

ITEM QUANTITY UNIT COST AMOUNT
6" CURB & GUTTER _ L.F. 17.00 __
8" CURB & GUTTER L.F. 19.00 _
8" THICK CROSS GUTTER S.F. 11.00 _
4" SIDEWALK S.F. 7.00 _
ACCESS RAMP EA 5,000.00 _
DRIVE WAY APPROACHES S.F. 11.00 _
ASPHALT CONCRETE DIKES L.F. 11.00 _
FOG SEAL S.F. .10 ____
IMPORTED EMBANKMENT C.Y. 10.00 _
PREPARATION OF SUBGRADE S.F. .50 _
*A.C. TON 150.00 _
*A.C.OVERLAY(0.20 THICKNESS)
PER CITY STANDARD TON 150.00 _
**PCC CURB ONLY (MEDIAN) L.F. 16.00 _
ADJUST SEWER MANHOLE TO GRADE EA 500.00 _

ADJUST SEWER CLEAN OUT TO
GRADE EA 300.00 _
ADJUST WATER VALVES TO GRADE EA 250.00 _
BARRICADES L.F. 40.00 _
2 X 4 REDWOOD HEADER L.F. 5.00 _
*REMOVAL OF A.C. PAVEMENT S.F. .66 _
**REMOVAL OF P.C.C. CURB L.F. 6.00 _
*REMOVAL OF A.C. BERM L.F. 5.00 _
RETAINING WALL H=2 1/2 FT.

OR LESS L.F. 40.00 ________
BLOCK WALL H=6 FEET L.F. 50.00 ________
AGGREGATE BASE TON 30.00 _ __
GUARD POSTS EA 70.00 _
GUARD PANEL (WOOD) L.F. 40.00 _
SAWCUT L.F. 3.50 _
REFLECTORS AND POSTS EA 100.00 _
STREET SIGNS EA 250.00 _
______________________ ________ EA _______ ________
______________________ ________ EA _______ ________
______________________ ________ EA _______ ________
______________________ ________ EA _______ ________
STREET IMPROVEMENT SUBTOTAL __
* A.C. ASPHALTIC CONCRETE
** P.C.C. PORTLAND CONCRETE CEMENT
11/30/2021
LandSea Homes Fuscoe Engineering 858-554-1500
Monarch Hills- Duncan Canyon Rd Sewer
20010 23 $3,450 80 $2,400 $5,850 APPROVED ELPC21-000025 HP 11/30/2021 202
11/18/2021 - RG

STORM DRAIN IMPROVEMENTS
UNIT

ITEM QUANTITY UNIT COST AMOUNT
* 18" RCP L.F. 90.00 ________
* 24" RCP L.F. 110.00 ________
* 30" RCP L.F. 250.00 ________
* 36" RCP L.F. 250.00 ________
* 42” RCP ________ L.F. 250.00 ________
* 48" RCP L.F. 260.00 ________
* 54" RCP L.F. 280.00 ________
* 60" RCP L.F. 300.00 ________
* 66” RCP ________ L.F. 320.00 ________
* 78” RCP ________ L.F. 340.00 ________
* 24” CMP ________ L.F. 90.00 ________
* 60” CMP ________ L.F. 320.00 ________
CATCH BASIN/CURB INLET:

W=7 EA 4,000.00 ________
W=10 EA 4,500.00 ________
W=14 EA 6,000.00 ________
W=21 EA 11,000.00 ________
W=28 EA 14,000.00 ________
JUNCTION STRUCTURE EA 3,200.00 ________

TRAFFIC TYPE JUNCTION
STRUCTURE EA 2,800.00 ________
DISCHARGE STRUCTURE EA 2,800.00 ________
MANHOLES EA 2,500.00 ________
LOCAL DEPRESSION EA 1,250.00 ________
GRATE INLET STRUCTURE EA 2,100.00 ________
_____________________ ________ EA ________ ________
_____________________ ________ EA ________ ________
_____________________ ________ EA ________ ________
STORM DRAIN IMPROVEMENT SUBTOTAL ________
* REINFORCE CONCRETE PIPE

SANITARY SEWER IMPROVEMENTS
UNIT

ITEM QUANTITY UNIT COST AMOUNT
MANHOLES 60" DIAMETER EA 4,500.00 ________
MANHOLES 48" DIAMETER EA 4,000.00 ________
DROP MAN HOLES EA 4,500.00 ________
WYES EA 100.00 ________
CLEANOUTS EA 600.00 ________

REMODELING OF EXISTING
MANHOLE EA 950.00 ________
** 4" VCP L.F. 50.00 ________
** 6" VCP L.F. 60.00 ________
** 8" VCP L.F. 70.00 ________
** 10" VCP L.F. 80.00 ________
** 12" VCP L.F. 90.00 ________
** 15" VCP L.F. 100.00 ________
__________________ ________ L.F. _______ ________
__________________ ________ L.F. _______ ________
SANITARY SEWER IMPROVEMENT SUBTOTAL ________
** VITRIFIED CLAY PIPE
2 $9,000 1 $4,000 1 $950 77 $5,390 8" DIP Sewer 303 75.00 $22,725 8" End Cap 1 EA 600.00 $600.00 $42,665 203
11/18/2021 - RG

TRAFFIC SIGNALS/SIGN/STRIPING
UNIT

ITEM QUANTITY UNIT COST AMOUNT
TRAFFIC SIGNAL MODIFICATION:

ONE CORNER L.S. 75,000.00 _
TWO CORNERS L.S. 100,000.00 _
TRAFFIC SIGNAL NEW L.S. 400,000.00 _
PAINT TRAFFIC STRIPE (1 COAT) L.F. 2.40 _
PAINT TRAFFIC STRIPE(2 COATS) L.F. .65 _
PEDESTRIAN CROSSWALK STRIPING L.F. .65 _

PAVEMENT MARKER
(NON REFLECTIVE) EA 2.50 ________
PAVEMENT MARKER (REFLECTIVE) EA 4.00 _
REFLECTORS AND POSTS EA 100.00 _
STREET SIGNS EA 250.00 _
___________________ ________ EA ________ ________
___________________ ________ EA ________ ________
TRAFFIC SIGNAL/SIGNS/STRIPING SUBTOTAL __

CFD LANDSCAPE IMPROVEMENTS (BONDING PURPOSES ONLY)
AREA LANDSCAPED S.F. $12.00 _
CENTER MEDIAN S.F. $12.00 _
LANDSCAPING IMPROVEMENTS SUBTOTAL __________

SUBTOTALS:

STREET IMPROVEMENT SUBTOTAL....................___________________ STORM DRAIN IMPROVEMENTS SUBTOTAL..............___________________ SANITARY SEWER IMPROVEMENTS SUBTOTAL...........___________________ TRAFFIC SIGNAL/SIGNS/STRIPING SUBTOTAL.........___________________ IMPROVEMENT SUBTOTAL ===================
(*USE THIS TOTAL FOR PLAN CHECK & PERMITTING PURPOSES*) CFD LANDSCAPE IMPROVEMENTS ....................___________________ SUBDIVISION MONUMENT GUARANTEE $1,200 + $50/LOT ...___________________ STREET LIGHTS _______ @ $5,000 ................___________________ CUCAMONGA COUNTY WATER DISTRICT FACILITIES.....___________________ IMPROVEMENT SUBTOTAL.... ===================
ADD 35%..................... ____________________
BONDING TOTAL........___________________
$5,850 $42,665 $48,515 $48,515 $16,980 $65,495 APPROVED HP 11/30/2021 204
11/18/2021 - RG
APPROVED PUBLIC IMPROVEMENT PLANS:

STREET IMP. DWG. NO._____________________
STREET LIGHT DWG. NO.____________________
SEWER IMP. DWG. NO.______________________
STORM DRAIN IMP. DWG. NO. _______________
TRAFFIC SIGNAL DWG. NO.__________________
SIGNING & STRIPING DWG. NO.______________
6092 ELPC21-000025
205
Bond No. P8ffi010408479
Premium $ pr.oo

SECLTRITY BOND FOR FAITHFUL PERFORMANCE OF

SLTBD IYISIO N AGREEMENT
Tr:act Map No.: ?finln
WHEREAS, the City Council ofthe City tlf F*ntana, State of Califomia arld, LS-Fontana LLC {"Principaf'} have entered into an agreement dated _
(the "Agreement") r*dich is inc*rporated herein hy reference. in which Principal has agreed to eonstmct, install and complete certain designated public improvements; and WHEREAS, uuder the tenns of th.e Agreemeirt, Prilcip*l is required trr file befole commencing work a good and sufficient palmrent bond with the City of Fantatra to $ecure faith&rl performance of the terms of the Agr*ment,
NO\ff, THERBFORE, Principal and the untiersigned a^s corporate sulety. are held and firsly bound unla the City of Fonta.na in the sum ofslxtY five fiousmd Fsur 15 f$ 65.495.0il ), to assure fait}ful perfr:rmance of all terms and conditions of the Agreement.

This trand shall be and remain iu firli fo:*e and effect, and shall indemnify and hoid harnrlsss the City of Fontana its offr*ers, agents and employees until all terms, $ove.s.srrtsprovisions a'rrd ccnditions cf tbe Agreement. and any agrreed upon alterati*ns or additions thereto. are fully a:rd well met and perftumed by the Principal. his or its heirs. executors, administrators, successors or assigns, to the satisfaciion of the City ef F*ntana in the time and rnanner specified in the Apgerment. Up'rn fulfiilmcnt of the nbligations set fixlh in tbe Agreenent a,s specitied absve, this obligxion boad shall become nr:Il and vcid.

As part of the otrligatira se*ured hereby, Principal shall pay. in addition to the fuce amount of this bond. all costs and reasonable exFense$ and fees includirg rsasonable aftomey's fees, iqcurred by the City af Fontana in su*cessfully enforcing such obligation= us may be awarded by a court of com$etent jurisdiction in anyjudgement uponthis bond.

The surety hereby stipulates antl agrees thst nc change, extension af time, altexalian or addition to the terms of the Agreement or the specificatians *ccompanying it shall in any manner affect its oldig*tion on tbis bond a$d surety hereby waives notice of any su*h change, alteration or additionRevised*RG-1Oi31/16
206
IN WITNESS WHEREOF, three {3} identical *ounterparts of this instrument, eac.h of which shall for all purpmru as deemed an ariginal, have been duly executed by the Principal and Surety, as evidenced by the signatures of their duly anthorized represeirtative* whose signatures appear below, on this 7& day of---Decernht- ,?0:1-.

FRINCIPAL LS-Fontam LLC
(NOTARIZATION AND SEAL)
SURETY Philadelphia lndemnity lnstrance Company
{NOTARIZATION AND SEAL)
NOTE: Please Attac.h Notary
Acknowledgement and
Power of Attorney.

Reliied - RG '10131/16
207

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 Orange )
on December t3,2O2L before me, Terri L. Piligian, Notary Public (insert name and title of the officer)
rn
I certify under PENALry OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and officialseal
Sign
208

ALL- PURPOSE

CERTIFICATE OF 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 Orange )
on DEC 07 Z02l before me, Gina L. Garner, Notary Public personally appeared Martha Barreras
who proved to me on the basis of satisfactory evidence to be the person{g} whose nameF) isrhxg subscribed to the within instrument and acknowledged to me that he/she/ffi executed the same in his/her/therir authorized capacity(iiex)g and that by lqisdher/tfnix signature$| on the instrument the person{$, or the entity upon behalf of which the person{s} acted, executed the instrument.

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

WITNESS my hand and officialseal.
z
z
,dF"\ GINAL. GARNER
AKdm) n"'?,H?:.;lif.j*'"
Y. s/ cornmission t 2t6l777 \€W*v comm. Expires Jun 18, 2025 2 2
Public Signature (Notary Public Seal)

ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This lorm conplies with current California stalutes regarding hold\, voriling and, ifneeded, should be completed and anached to the document. Acknohredgents fronr other states may be conpletedfor documenls being setil lo that state so long as the vording does not require the California nolaty to violale Califurnia notary Imt, r State and County information tnust be lhe State and County where the document signer(s) personally appeared bcfore the notary public for acknowledgmort. . Date of notarizntion rnust b€ the date that the signo(s) personally appeared which must also be the sarnc date lhe acknowledgment is cornpleted. . The notary public must print his or her name as it appears within his or her commission followed by a cornrna and lhor your title (notary public). r Prinr the name(s) of document signer(s) who personally appenr at lhe time of notarization.
. lndicate the correct singular or plurat fonns by crossing off inconect forms (i.e, he/she/rhey; is /e*e ) or circling the correcl forms. Failure to conectly indicate this infonnation may lead to rejection ofdocurnent recording. r 'Ite notary seal irnpression must be clear and photographically rcproducible, lmpression must not cover lext or lines, If seal impression smudges, re-stxl if a sufficient area pennits, otherrvise complete a different acknowledgrnent fonn. . Signature of the notary public must match the signature on file with the office of the county clerk.

A Additional information is not required but could help to cnsurc this acknowledgment is not misused or altached ro a different document. a lndicate title or type ofattachcd document, nurnber oflnges and date' .:. lndicate the capacity clairned by the signer. If the claimed capacity is a coqrorate officer, indicatc the title (i.c. CEo, CFO, Secretary). . Securely ltlach this document to lhe sigoed docurnent with a staple.

DESCRIPTION OF THE ATTACHED DOCUMENT
(Tite or descdption of attached document)
(Tide or descdption of afrached document continued)
of Paoes
-
Document DateCAPACITY CISIMED BY THE SIGNER
n lndividual(s)
n Corporate Officer
(Title)
tr Partner(s)
fil Attomey-in-Fact
n Trustee(s)
r-r Other
201 5 Version nrvw.NotaryClasses.corn 800-873-9865
209

PTI I LA DELPH IA INDEMN ITY INSURANCE COMPANY
One Bala Piaza* Suite I C0
Bah Cy*nwy<i, PA | 9il0+G5t
Porver of Attorney
KFi*iS. ALL PERSf}hT BY Tlj ESE PRESENTS: T-Irat PHILADELPHIA INDEMNITY INSUR.{NCE COMPANY (tte Ccmparry}. a cDrpgration oTganizEd and existingunderthelawscftheC*mmonwealthofPennsylvania,doesherebycen$irutearrdappointJANINAMONRGE IHOMASG.MCCALI*TIMOTHYJ, .LJrlONAlgMJCIJE LFHA.tSEANDMARIHABAFfiERASSFLOCHfONCOMP.AIIIJES,LLC.itsrrueandlawfulArumey-i..)-factwiltfuil aurhor-iryroexecure tn irsbehglfbqnds, urdenakirgs, rea*gnizanees and cther *ontrauts of indemnity and writings obligaroty in the nature therecf, issutd in the r.surse ofitsbusiil*ss arrd ro bind the Company thereb, in an amsunt not to exceed $!!Q!!.1!$ This P+wer of AFDmey is granted and is signed ad sealed by facsimile under ad by rhe aurhority of the follcrving Resolldon adtpred by the Ecard of Dire*crs of PHILADELPHIA INOEMNIfY IN-SURAI.ICEilOMFANY qn dle l4eof November, ZSIS.

RESOLVEO: Thar the Euard of sirectors hercby aurhorizes the Prrsidenr *r any Yice Prtsi&nt afrhe Conrpany: ( I ) AFpB; nt Anorney{s} i n Fact md authaii ze thr Attorneyis} in Fact ta execute on behalf ofrhe Cc'rnpany b*nds and undenakings, uantre.ds *f indemniry and +rhtr writings cbligatary in the nature therecf and t* *ta{.h the stsal of the Campnny ther€to1 an d t2) ro remove, ai any rime, any $ch Attoft e),i n-Fact an d revoke th e authority given. An d, be it

FURTHER
RESOLVED: fhat dre signatures of s,ch *ffimrs and the seal ofthe iompany may be affixed ro any such Fswer cf Att*mey cr errifr rate relating thereto by facsimi ls, and any sue.h Fower of Aitorney so exeruted and eerrifiedby fac-"imile signarlres and facsimi !e sal shall be valid and binding upcn the Company in rhe future with regecl te any bond cr unde*aking to uhich itisatarhed.

IN TESTIMONY WHEREOF. FHILADELFHIA
'NNEMNITY
I}.ISURANCE CSh,IPANY HAS CAUSED THJ! TNSfRUMENT T* BE SI{INED AND ITS CORFORATESEALfiTl BE AFF XED BY ITS AUTHORIZED GFFICE THir 'iH DAY OF M,{RCH' ?021. (Seal) t$*l*M Fhi iadelphia Indemnity Insurane C*mpmy
On rlris 5ft day of Maroh, 202 ! befir: rne came the individual who exeruted the preceding insrument. ta me personally kna"sn, and being by me du ly srvom said thar he is rhe r{rerein describeC and authurizerj uffiuer of the PHItAOELFHIA INDEMNITY II\ISUR{NCE COMPAIiIY; that the seal affixed t* said instrument is the Corporate seal of said {l*mpany; thar the said lbrporate Sea} and his signaturr rrere du ly affixed.

Notary Rrbiic:
resi ding ar:

My cornmisisn expires
Bala Cynwyd. FA
Nqvember 3, f0?4
I. Edward Sayagg Carporate Sec""*tary of Fi|ILADELPHJ.{ INDEMNIft' INSURANCE COMPANY, do hereby cenily rhar the t'oreguing res*lution rf rie Eoard of Direr,tors md the Fawer uf Atrcmey issued pursuart theretc on the 56 day March. :0: I are trur and correct and are gill in fu ll ferce and effect, I dc furth er ceni$ th at Jnhn Glomb, whc exec.sred rhe Fr:wer of Att*rney as Presidenq was an the dare +i exeeution of ttre ataclred Fcwer cf Atisrnel the duty elected Fresident +f FHJLADELFH IA INDEMI.{f TY INS LTR,{NCE TSMPANY.

Jn le*iraony lYhereof J have .s;bsrri!,ed rny na.ne and affi.rrd *e farsi.,nile sea! nf ea*r f,*r*pany rhis 7h da3'. cf Decembs 2W1 ilit/ Edwar{ Sayago, C*rporate S€crerary
PH I LA D6L P }I IA IN D EIII N ITY INSUR,{.NCE CD M PANY ...!-
Vtmgcrllcfeerb"
t*d{Ilomctyc$rtttl
tdf aBtfft{sslo{ttrltitts t'lov*tnDar
210
Band N* P8ffi01040847S-M
P:emiu:n $-gcbdg{-g rctlnrrngnr* bmd
SUBDTVISION }YARRANTY OBLIGATIGN BOND
Tract FIap No,: ?fffn
WHEREA$, The CityCouncil ofthe City of Fontana" Statn of Calif*rnia, and, f'Prineipal") have entered into an agreement dated
Agreemenf' ] which is itccrSnrated hereie by referenced, in which Principai ll has agreed to warrant and guarantee
impr,tvemeak; anri
the iastallation and maintenance of eertain designated public WHEREAS, under the terms of the Agreement, Principal is required tt lile before acc*ptance of improvements by the City cf Faatana a good and sufFcient pa)"mert bond with tne City of Font*na to secare the performance of its warranty and guarantee otrligation under the Agreement.

NOW, THEREFORE, Principal and the undersigned as corporate surety, are held finnly bound unto the City *f Fontana inthe sum of
{$ 65,495 I tr: secure the wxranty a.nd
labcr ar material furnished in connection
improvements required by the Agreement.

This bond sh.sll be and re,main in full force and effect, and shall indemnifu and hold harmless thr City of Fontana" its affrcers, agents and employees until all wa.rranty or guarantee time periods required under the Agree.rnent following performance of all term$, coverarts, provisions and conditions of theAgreemrot, and any agreexl up*n alteratic,:rs ar additions therettr have expired as to the Principal, his or its heirs, exscutors, administratcrs, successsr$ c,r assigns.

IJpor fulfillmmt of the nbligations set forth in the Agteemert as specifred above, this oblig*tion bond shall become sull and v*id.

As a parl of tbe obligation secured herebS Frincipal shall pay, iu addition to the face amount of this bond, all costs and reasonable expetrses and fees ineluding reasonable attt-met's fees incurred bythe Citv $f Frntara in successfirlly enforcing this ob,ligatior.! as maybe awarded bya court of compeient jurisdicdon in anyjudgemcnt upon this bond.

The urrety hereby stipulates and agrees that no *,hange, extension or time, alteration or addition to the tenns af the Agreement or the speci ficati *ns *ccompanying it shall in any manner affect its obiigatian on this bond and surety hereby rvaives notice of any such change, alteration or addition.
guarante€ af Prircipal against any qrork t:r
with the installation a:rd maintrnance of the public
Revired -FG -10/31/tE
211
IN WITNESS WHEREOF, three i3) identical c ounte4lart$ of this insirument' ach of which shall for all trnrqtoses be ilemed an otiginal, have been duly executed bY the PrinciPal and Surety' as evidencd by the signatures of rheir duly authorized reprsentatives whose si gnature appear below , on this ?h daY of Deember ?0-eLPRINCIFAL LS-FontanaLLC

TION AND SEAL)
SUREry Phildelphia lndemnity lnsurance Cunpany
Attornry-lnfact
$TCITARIZATION AND
NOTE: Please Attached NoiarY
Acknowledgement and
Power ofAttomeY
Revised-re-10/31/16
212

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 Orange )
on December t3,202L before me, Terri L. Piligian, Notary Public (insert name and title of the officer)
tn
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 TERRI L. PILI6IAN
Nolary Publlc - Catlfornla
Ordnge County
Coftmllrion n 2272997
Corllm, Explr€3 Dec 20?2
Signatu (Seal)
213
ALL. PURPOSE

CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to whlch this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of Oranqe )
on DEC 07 2021 before me, Gina L. Garner, Notary Public personally appeared Martha Barreras
who proved to me on the basis of satisfactory evidence to be the person{of whose name$) islnRq subscribed to the within instrument and acknowledged to me that he/she/finy executed the same in his/her/the;ir authorized capacity(iiexls and that by hiedherlff;gir signature$f on the instrument the person6*, or the entity upon behalf of which the person{s} acted, executed the instrument.

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

WITNESS my hand and officialseal.

Public Signature
@.

GINA L. GARNER
Notary Publlc . Callfornia
0range County
Commission # 2361777
Comm. Expires Jun 18, 2025
(Notary Public Seal)

ADDITIONAL OPTIONAL INFORMATION

DESCRIPTION OF THE ATTACHED DOCUMENT
(Tide or description ofattached documonl)
(Ti0e or doscription of atached documeflt continued)
Number of Pages
-
Document hato
201 5 Version vnrrr,r.NotaryClasses.com 800"873-3865

INSTRUCTIONS FOR COMPLETING TFIIS FORM
Thisform complies vith cunut Califonia stautes rcgarding notan'tording tnd, ifneeded, should be completed qnd arlached to the document. Acknolvedgenrs ltonr other slates may be conpletedfor docunteilts belng sent to lhat state so long as the vording does not reEire the Californlo notary to violate Calforaia notary lav' r Stotc and County infonnation must be the State and County where the document signer{s) personally appeared bcforc the notary public for acknowledgment. r Date ofnourizntion must be the date that the sigrrer(s) personally appeared which must atso be the same date the acknowledgurent is completed. . The not&ry public must print his or her name as it appears within his or her commission followed by a cotnma and lhcn your titlc (notary public)' r Print the norne(s) of documeat signer(s) who p€rsonally appextr at the titne of notarization.
r lndicate the correct singular or plural fonns by crossing off inconect fonns (i.e. he/shc/rhey; is /ere ) or circling the corr€ct forms. Failure to correctly indicate fiis infonnation may lead to rejection ofdocurnent recording. . The notary seal impression must be clear and photographically reproducible. lmpression tuust nol cover text or lines. If seal impression srnudges, re'seal if a sufficiant area pennits, otherwise complete a different acknowledgment fonn. r Signature of the notary public must match the signanrre on file with the office of the county cterk.
* Additional information is not required but could help to enswc this acknowledgrnent is not misused or attached to a different docurnenl. .3 Indicare title or type ofatlachcd document, nutnbcr ofpages and date' * Indicate the capacity claimed by the signer. If the claimed capacity is a corporatc officer, indicate the titlc (i.e. CEO, CFO, Secretary). . Securely attach this document to dte signed doculnent with a staple

CAPACITY CLAIMED BY THE SIGNER
tr lndividual(s) tr Corporate Officer
(Title)
n
m
tr
tr
Partne(s)
Attomey-in-Fact
Trustee(s)
Other
214
PTI I LA SELPH I,{ INNEMN ITT' INSURANCE COMPANY
0n: Bala Flozs Suite 100
Bal= Qnwyd PA ! 9804-0058
Powar ofAttorne:f
KNC|W ALL pERSCr.iS EY fHESE PRESENIS: That PHILADELP*IiA INDEMNITY INSUR{NaE COI?IPANY {rhe C*mpany}, a aorporati*n organized and enisting under the lacrs *f the Commonwealth *f Pennsylvania, Coeshereby consitute n*d aFpoint JANINA MONROE, THSMAS G. MCCALL, f IMOIHY I' NOONAN, MICHELLEgAAf F AND MARtlJA EA.RESFAS OF LGCKIONCOM.ilANJES. LLf,. irsrrue and lawful Attomey-in-fact wi4r ful! aurhoriry ro esecure cn irsbehalfbcnds; undenakings, remgnlzances and otlrcr c'rntracts u-{ indemnity and *rirings c&ligatory in the nature thereof. issued in the cours ofitsbusin*ss and rc bind rhe C+mpany there$, i* an amouilt liot to exceed $Q;Q!$.1Q!I! This Flwer of Attomey is granted and is sign*d md sealed by facsimile under and by rhe althority aithe follcwing Rescluricn rdopt:d by the Board sf Sirectors af PHILADELPHIA IN-DEMNIIY INSURANCE COMFANY an lhe 1+n trf Navembir, :01{' RESOLV6D: That the Fo'ard of Direcmrs hersby authorizes th e PrtsirJent qr any Yic€ Presi&nr af the Ccmpany: il ] App*int Ancrney{s} in Fam and auth*rizetht Attomey(s} in facr n execute an behalf of the Comoany hnnds and undenakingg ;Htra6ts cf indannity and other wriri *gs obligamry in the natrre thereof end tc *ra*r *e stel of rhe Com pany iheretoi an d {2i!orem$ve,atanytlme,anysrchAr*meyin-Factandrevokethea.IrhorityS;v€n' Aod, be ir

FURTHSR
RESOLVED: Tharthe signatur*s of sruh offirers and tlte seal rfthe Company may be affixed ro any *rch Fower of Anomey si sertifr cate reladng ;hereta by 'oa+sim!
le. and any such Power sf
Aiiomcy sr: exeeute-r and eerifi edby fae-.imile signaturm and facsimile seal slrall be valid and birding upon the Company in the future with respecr lo any blnd cr undenaking to xhich irisanached.

IN TE5T'MONY IvHERESF, PHILADELFHIA INDEMNITr INSURANCE CS;\,iPANY HA5 IAUS$D THIS INSTRUMENT TE EE SIfiNED AND iTS CCRFCRATESEALTO BE AFFIXED BY ITS AI.ITH$RIZEN {}FFI{:E TTIIS 'iII DAY DF MARCH,202I. i : ,'., .i
Fhi
.**,l*M ladelphia Inrlemniry lnsrrance C+mp*y
iSeal]
On :tris 5s day of March, 2!! I before me came the individual wha exeruted the preceding in*r$mrnt! to mE Fersonally knorxn. and being by me du ly swom said that he is the therein desc.ribed end aurhorized officer +f the PHILADELPHIA INEEMNITY U9SURANCE COIIIPANY; thar rhe eal aftlxed to said instrunrenr is the Corpcrale seal ofsaid CsmFanlt *rar rhe sai d C'orporate Seu| and his signature were duly affixed, Norary Public:
,1,1;"e-r*:,r' .*' i'i1.-.*:'.: .. ..:. <-t'
l*ad$r, residing at:

M3* csmmissi+n expires
Bala Cynwyd. PA
Nrvember 3. ?014
t. Edward Sayago, fcrporare Sec.retary a{ FHiLADELPttiA JN*EMNITI' TNSURANCE COh,IPA}.IY, d* hereby rc*ity thar the t'cregci*g resolution uf dre Soard af Direetlrs and the Power of Attrmey iss;ed pursuant theret+ on the 5s day tr{arc.h. ?0?l {re true an d coffecr and are sill in fu ll force md effect I dc furrher ce ni$ th at John Gtornh whe exec.ured ihe Power ef A*amey ss President was on the date sf execution ol rhe a$ached Puwer of Atnmty rhe duly elecrtd President of PHIL,{DELFH IA I NDEMNITY I N5 LTR,qNCE COMFANY,
Jn le.*imany Wherec,f J have sb.sa'ibed rny r':arne and afFrrd :he iae$..nile sea j Ff earf) ftr:llFany rhi" 7h dr: og Decembm 2ffi1 &lwanJ Sayago, Corptrate See.rs{ary
PH ILAOELPHIA INDE[4NITY INSURANf 6 COMFANY
lty qot!tst{srloat drlrs floert$lat3.
lldinrb.

HorEo$!ry6Eulrly
215
Bond Na.PB0301040BATS
Premium $jrdudedjo.psfu rlaan-ce bond

SECURITY BOND FOR LABOR AND MATERIALS OF
SUBDTVI$ION AGREEMENT
TractMapNo.:ru
IYHEREAS, the City Council ofthe City of Fontana State of Califomia and Ls-Fontana LLC i*principal') have entered into an agreement dated (the "Agleement") which is inccrporated he.rein by referenee, in *'hich Principal has ageed tc construct. install and completed ctrtain designxed public improvements; and IYIIEREAS' under the te,rms of the Agroement, Priacip*l is required to file before commeqcing work a good and sufficie&t paynent bond with the City af Fontana to secure lhe elaims all'rwerl in California Civil Ccde Sectiors 3082 et se{l.

NOW, THEREFORE, Principal and the undersigned as corpsrate surety, are held firmly hund unto the City of Fantana and all contr:actors, subcontractcrs, laborers, material men aad oth*r persons emplaled in ths pefrormance of the Agreement and re.ferted to in the above refermced sections of the C,:de *f Civil Proeedure ia ths sum of sixty rivethonrsud fsr hurdd ninetv five dolht:
i$ g:,+SS.m ) materials furdshed or labor performed of 'any kind under the Agreernent, or tbr amounts due under the UnemploSu.ent Insurance Act with respec.t ta stch work or labor, that said surcty will pay the sum in an amoud rrot exceeding this 'amount herein set tbrth abovs" and in the event legal action is brought upon this bond, the surety will pay-, in addition to the face amourrt of this bosd, such costs aod reasanable experses and fees, including reasonable attorney's fees, incuffed in suecrssfully enforcing this *bligatir:n. as may be awalded and fixed by a ccurt of competenn jurisdiction in any judgsment entered.

It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of all personc, companies, and corporations entitled to file claims pursuant to Section 3082 et ssc. *f the California Civil Code.

This bond shall be and remain in fall frrce and effect nntil all terms and conditions *f the Agreement are fully met antl perforned by the Principal, his or its heir:, executrlrs, administrators, succe€sors or assigns, to the satis&ction of the City trf Fontala. Upon fulfiIlment af the oblig*icns set frrrth in the Agreement as specified above, this *biigation bond shall be+ome nrdl and void.

The surety hereby stipulaes and egrees tbat no change" extension of time, alteration to the terms of the Agreement or the specifications accompanyiag it shall in any rnanner affect its abligation an this brnd and $ur*ty hereby waives notice of any suck change, altoration or addition"
Revired -RG *lOBt/16
216
IN WITNES$ WHEREOF, tbree {3} identical counterlmrts of ihis instrument, eac.h of which shall for all purpoees be dee'rnd an origioal have been duly executed bythe Principal and Surety, as evidenced by the signatures oftheir duly autborized representalives whose signatures appearbelow,cnthis ?fr dayof December ,?04-
PRINCIPAL LSfonbna LLC
TroN AND SEAL)
SURET!' Philadelphia lrdemnity lnsurance Cunpany
{NOTARIZATION AND
NOTE: Plase Attached Notary
Acknowledgement and
Power of Attoruey
Revtsed -RG-10/31J16
217

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 truthfulnessr accuracy, or
validitv of that document.

State of California
County of Orange )
on December 13,202t before me, Terri L. Piligian, Notary Public (insert name and title of the officer)
personally appeared Shannon Whittaker
who proved to me on the basis of satisfactory evidence to be the subscribed to the within instrument and acknowledged to me that the same in niVt@neir authorized capacity(l9e), and that by his@their signature(g/on the instrument the pefson($, or the entity upon behalf of which the personf5) 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 officialseal
Signature (Seal)
218
ALL. PURPOSE

CERTIFICATE OF 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 Oranqe
)
)
On DEC O7 ?O?I
personally appeared
before r", Gina L. Garner, Notary Public,
Martha Barreras
who proved to me on the basis of satisfactory evidence to be the person{S} whose nameS) is4CIx* subscribed to the within instrument and acknowledged to me that he/she/ffi executed the same in his/her/the{r authorized capaci$(iier[ and that by iqis/her1fimix signaturepf on the instrument the person{d, or the entity upon behalf of which the person$| acted, executed the instrument.

I certiff under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct,
WITNESS my hand and officialseal.
otary @.

GINA L, GARNER
Notary Publlc' Callfotnia
0rance County
Commission # 7161777
Comm, ExPires Jun 18, 2025
(Notary Public Seal)

ADDITIONAL OPTIONAL INFORMATION

DESCRIPTION OF THE ATTACHED DOCUMENT
(Ti[e or descdption ofattached document)
(li0e a descdption ol aftached document onlinued)
Number of Pages
-
Document l'\ala
201 5 Version w.vw. NotaryClasses.com 800-873-S865

INSTRUCTIONS FOR COMPLETING TMS FORM
This form complies vilh cunznt Califotrlia staltiles regarding notorl'vording and, ifneeded, should be completed and attached to the docmtent. Acknolvedgents front other states nwy be coupletedfor documents being sen( to lhal slate so long as the vording does not reqilre the Califurnio nota,y to violale California nola,y lav'' . Statc Bnd County information must be thc Slate and County where the document signe(s) personally appeared before the notary public for acknorvledgmort. r Date of notarization rnust be the date thet the signer(s) pelsonally appared which must atso be the sarne date the acknowledgrnent is completed' . Th€ notsry public must print his or her narne as it appears within his or her commissioa followed by a cornma and then your title {notary public)' r Prinr fie narne(s) of document signer(s) who personally appear at the time of notarization.
. Indicate lhe correct singular or plural fonns by crossing off inconect forms (i.e. he/she/they; is /e*e ) or circling the conect forms. Failure to corectly indicate tlris infonnation may lead to rejection ofdocument recording. . 'lte notary seat irnpression must be clear and photographically reproducible. hnpression rnust not cover text or lines' If seal impression srnudges, re'seal if a sufficiort area pennits, othcrwise complete a different acknowledgrnent fonn. . Signature of the notary pubtic must match the signaturc on file with thc office of the county clerk.

A Additional infonnation is not required but could help to ensure this acknowledgrnent is not misused or attached to a different document. * Indicate title or type ofauached docurncnt, numhrofpages anddate, * tndicatc the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicstc rhe titlc (i.e' CEO, CFO, Secretary). o Securely attach lhis document to lhe signed docunent with a staple.

CAPACITY CLAIMED BY THE SIGNER
tr lndividual(s) tr Corporate Officer
(Title)
n
EI
tr
tr
Partner(s)
Attorney-in-Fact
Trustee(s)
Other
219
PH' LAAEL PHIA IN SE$IN ITY INSURANCE COMPANY
One EalaFia:a. Suire 100
Bala Clnwyd" FA ! 900+0t5$
Pcwer of Attorne:r
KN*W ALL PERSCT.IS EY fH ESE FRESENIS: Ttrat PHILADELPHIA INbEfHNtTY INSURANCE COI?IP.{l{y {*re fompany}, a o*rporatisn organired and eri*ing under the laws cf the C*mmonwealth of Fennsylvania, Coeshrre'ay consiturc and appoint iANtNA MONROE, THO${.{S {3, MCCALL, TIMOTHY l.

NOONAh[ M'CHEj.LEH^ASE AND Ii,tARIHA AARFEFAS OF LOfETcJN COMP.{NIES. LrC irsrrue and iawful Aromeyin-f:r+ rvirh fu}} aurhoriry to exerore sn irsbehalfborids, undenakings, reccgni=ances and otier c.cntracts *f indemnity and writings obligarory in the nature thereatl issred in rhe cturse ofitsbusiness and tq bind fie Company there$, in aF am$uilt not !o exceed S!!g!!Q!$ T"nis P*wer af Anomey is granted anrJ is signed ud sealed by facsimile under ad by the authority cf the falluwing Res*ludon adopted by tht Eqsrd cf iirecrols of FHILADELPHIA INDEMNIf Y tNSLrRAl.lCE COMPANY on the I 4n af NtrvtmbEr, !016.

RESOLYET}: Ihat the Fcad of Directars h ereby authtrizes the Presidenr Gr sny Yice President of th e Ccnrpany: ( I i Appoint Atrnrney{s) in FEs and autlsrize rhe Atrorneyis} in Faff to exeuute on behalf of the Company bonds and undertakings, cstraem al indemnir.v and orher wridngsrbligatory in rhenaturethereofandto arach the seal nfthe Ccmpany ihertl+; snd {l}tcramove,aranydmr,anysrchAttorney-in-Faoandrevoketheau*roritygiven. And be it

FLIRTHER
RE$OLYED: T?rarthe signxur-es of s.rch oftlcers and the seal cf the Company may be affixed to eny suuh Power af Anorney cr cefiifi cafe reiating :hereto by facsimi l+ and any such 9trver ol Aitome.1r sc exezuted and canifiedtry farsimile signatures and facsir*ile seal drallbe valid and birding upolr thc CsmFany in thr futur-e *ith respect to any bond lr undenaking to whic* it ls anacired,
IN TESTIMONY WHEREOF. PH'LADELPHJA INDEMNJTY INSURANCE CSI\.IPANY HAS CAUSED THJS iNSIi{IJMENT TS EE SIGNED AND IT3 CORPORATESEALTO BE AFFIXED EY TT5 AUTHOR.IZED OFFICE T$JN siH DAV; DF MARCTI. ?O:1, ,r)-:l
1 l.i': '
#"11J$llt? Phi ladelphia I ndem*ity l*srrance Compaty
{Seal}
On tiris 5& day ol March, 20? I befcre me came the indivirlual wha exe*ured the preceding instrument, to me personally kn*wn. and bsing by me duly slvtrn said that he is rhe therein desa'ibed and authorized officer of the PHIL{DELPHIA INOEMFIITY INSUR4NCE CGMPANY; lhat the seal affined rc said instrument is the Corporate seal oisaid *ompany; thatrhs said Cnrporate Seal and his signature were duly affixed, Notary tubli+: ';/ii-r.r,.r+ e-i !)-rc1lj-:..^ - 1 1.r, lesi ding at:

My anrrrnission expires
Bala d!'nwyd. FA
Nocember ],2t]4
I, Edward Sayag+ Ccrpora* Secretary cf FIIILAI ELPFI|A IND EII{NIIY I NS URANCE C*MFANY. d* hereby cenift rhsr rhe t'oreguing resoluticn of dre Esard +f Birecturs and rhr F+wer af Artorney issed pursuant therero on the 5& day Ma.ch. 20?1 are tnre and conect and are still in fu ll fqrce and effect I dc fu rrh er oeni{y th at John Glornb, wha eaeeuted the Foxer of Attomey as President, was on rhe dare rl execurion of the anached Foxer ef Ansmey the duly elected President sl PHJLADELPH J.4 INDEMNITY I NS UR,qNCE CSMPANY,
Jn le*inno*y rffhereof J hare .*rt xribed rny narne and affi.'red t*e farsi.'ni le sesl c,f eadr tr.mFany rhis 7lh ,"U Decemtler xw.1 I t'!'.\ j Edward Sayago. Corporae Secrdary

PH ILAOELPHIA INDEMNITY INSURANCE COMPANY
lsdrEomrryCs,u*tt
crplss l{svaffi}*t3. esl4
Vsnac6 ilstary
220
BondNo P803010408310
Premium S 3,43?.00
SECI]RITY BOND FOR FAITHFUL PERFORMANCE OF
SUBD IVI$IO N AGREEMEIIVT
Tract Map Na.r 200t0_
WHEREAS, the City Council of the City *f F*ntana, Stare of California, and, LSFontana LLC {"Principal"} have entered into an agreement dated {the "Agreement"] which is incorporated herein by reference, in which Principal has agreed to cotrstruct, install and eomplete certain designated public improvements; and WHEREAS, uader the terms of the Agreemeal. Prilcipal is required to file before comrnenciqg w*rk a goad *nd sufficient payment bond with the City of Fontana tc secure faithfirl performance af &e terms *f the Agreement.

NOl{., TT{ER-EFORE, Frincipal a:rd the undersigned as corporate surety. are held and firnly bound uqto tle City of Fontana in the sum +f six hundred eighty seven th*usand f*ur hundred and tra'enty dollarx_{$6$Il?Q.0Qt to assure faithful perftrmance of all terms and cCInditioas of the Agreemenl.

This bon<l shail he and remain ia full farce and effect, ard shall indemnify and hold ha.finless the City of Fontana, its officers, agetfs and emphyees tatil all terms, eovenants, provisians and cofiditioff of tfte Agreement, and any agreed upon alterations or additions the.reta. are firlly and well met and performed by the Frincipal, his or its heirs, executors, administrators, successors or assigns, t* the satisfaction *f the City of Fontaaa in the time and marurff specified in the Agreement Upon firlfilhnent of the obligatiom set forlh in the Agreement as specified abwe, this obligation band shall berome aull and void.

As part +f &s obligation secured hereby. Principal shall pay, in addition to the t-ace amount of this band. all costs andreasonable e$peJrses and fem ineludingrea.s*nable altomey's fees, incurred lry the City of Fontana ia successfully enf*rcing such obligation, as may be aqrarded by a court of comFetent jurisdicti*n in anyjudgement upon this band.

The surety hereby stipulates and agrees that na *ha:rge, exte$sian of time , alteration or addition tc the terms of the Agreement or the specifications aceompanying it shall in any mantrer affect its obligation *n this i:ond and surety hereby waives notice *f any such change, alterati*n or addition,
Revised - KE -S117#0
221
IN MTNESS IYHEREOF, this instmment, for dl pruposes as deemed an original, having bem duly executed try fhe Principal an$ Siuety, as evidenced by the signatures of their duly authorized representatives whose signalures aptrrear below, on lhis sft -day oUglmry
,2022__.

PRINCIPAL LSfontanaLLC
{NOTARTZATI*N AND SEALi
SURETY Ptdladelphia lndemnity lnslrance Company
(NOTARTZATION AN D SEALi
NOTE: Please Attach Notary
Acknowledgement and
Powerof Attorney.

Eevtued -KE -SlT:20
222

ALL- PURPOSE

CERTIFICATE OF AGKNOWLEDGMENT
A nolary publlc or other officer completing this certificate verifies only the identity of the lndividual who signed lhe document to which thls certiflcate is attaihed, and not lhe trulhfulness, accuracy, or validity of ihat document.

State of California )
County of Oranoe )
on JAN 0529n before me, Gina L. Garner, Notary Public
personally appeared Martha Barreras
who proved to me on the basis of satisfactory evidence to be the person{gl whose nameg) is/nn subscribed to the within instrurnent and acknowledged to me that hdshe/ffi executed the same in hie/her/ltreir authorized capacity(lixrX and that by hirs{herfihqksignatureSf on lhe instrument the personfd, or the entity upon behalf of which the person{o} acted, executed the instrument.

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

WTNESS my hand and officialseal.
/am.\ GINA L. GARNER /t4""ift:\\ Notarv Public - California {:iffiffi';) orange county Y+ 99 commission # 2361777 \{Wuv Comm. Expires Jun 18, 2025 Public Signaiure {Nolary Public Saal)
ADDITIONAL OPTIONAL I NFORITIATION rNsTR U(:il( ) N S l,'OR ( loM Pl.H l'l N(i'l'H ls l'oR M This{um rrrnpli::r *ilh mrrcnl Caltfrtt'nia iloftirli r.rgdrrltng nntutlt'vordiug and, it ne*ttcd, should he corytleted and anached to lhe documtnt. .lcknohrtdgents ft'ont other statet nay be couplttcd for documents bcing rr.nt to that state to lotg as ,he v,ordinq does not rcqtlre tlv Caltjornio notety to violate Caltfornia notary lolt. r State and Cormr-v infonnation musr be the Smte and (louniy whcie the dmumcnt signer(s) personally appeared bslbrc thc notarl'public fur aoknowlcdgrncnt. r Date ofrotf,rizsrion nrust be the date tlrat the sigrcr(s) pcrsonally appeared uhicb must also bc thc samc date fic acknowlcdgment is conpleted' r The roinry putrtic rnust prinr his ot hor tamc as it appcan within his or her camnisr'inr followed hy a cornma and then your titlc (norary public). . Plint lle nanre{r) of document siguer(s) who personnlly {ppenr et thc time of uoloriznlior.
. lndicatc &c {.:umuct singulur or plurtl fonns by crmsing off iloonetJl forrrrs (i,e. }o'shurtheF is ,'o* ) or circling the corletl fornrs. Faihue to correctly indicote this infonnntion may tead to rnjoction o{'doctmrent rcr'orrling. r Ttrc notrrry seal irnpession nlust be clear and photogroflricalll' reprcducibh, lurptesion must rtot covel texl or lines. lf seal Lnprnssion srnrrdgcs, re.-sea l if a sufficient alea pcrmits, othcnvisc complcrc a difi'crtlrr acknowlodplcnr fonn. . Signaturr of the uottry public nrtst nntch lhe siEnlutc crtt lile rvith ftq oll'ir:e uf thc cormt-v cler*-
& tu{dilional infonnalion is rtot rcquirtd but could hclp to ensrrc this achnorvbdgmcnt is nol misuscd or sttach,ld lo I diffcttnt documcnl. + llldicolc tille ortype ofsthchcd dosurnent, numbcr ofpuxes onddrle, .:. Indic.llc rhc cep.rcir,v claimed hy rhc *i5'ncr. lf lh€ claimeil capaciry i* a cotptxac ollicer, indirztc thc ritle (i.c, CU(J' OIO,:iccri':{!ryi. i Se!:wgly allach this docruuetrt o tlre sigrud docunant rvith a slaple.

DESCRIPTION OF THE ATTACHED DOCUMENT
(Titr or descriphm ol attached documanl)
(Tiils or d€acription ofaltec+ad document continued)
Number of Pages
-
Document l''lqtc

CAPACITY CLAIMED BY THE SIGNER
n lndividual(s) tr Corporale Officer
(Title)
Partner(s)
Attorney-infacl
Trustee(s)
Olher
tr
a
tr
tr
20 1 l=, Versior vsvv,i.lJolatyCla$ses.uui1 801t".J73'g565 223

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
val of that document.

State of California
Orange County of )
On January L0,2022 before me, Terri L. Piligian, Notary Public (insert name and title of the officer)
me tn
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
,a TERRI L- PILIGIAN
dffi *o,".y Public - c;lifornie
W# .*Hi'",il""" ?lll"r"
-+!eY My Comm. Expires Dec 24, 2022
Signature (Seal)
224
PH I LA DtrLPH IA IN DEMN ITY- INSURANCS COMP.dFIY
Ore Ba!a Piaza. Suire I s$
Bala C.lnwyd PA I 9t04-{i95 A
Poser ofAttornel.

K}.IO!{ ALL PERSONS BY TH ESE PRESENTS hgt PEILADELPHIA I NDSMNITY TNSUR,{NCE Ci}MPANY {IITE COM PTAY}, A trOTPOTAti*N ITgANiZCd ANd eaisting under the iaws rf rhe Ctnrrnonvrealth oi Pennsylvaia* doeshere'uy con$ir.rts anC appcint jAlilNA MONROE THOMAS C. MCCALL. rIMAIHY J J.JrJ$NdN, MjCjjEtLg tsAASE AND t!,tAFIHA EAfiAEEAS LrF LDCJ{tDN C*MF.qNJES, LLC. irsirue aod larvFul A*rney-in-iact;virh luil aurhoriry te execure ra bind rhe Csmpaily therefu, in an affcunt nst to etteed g5!!.$,!19.14q31 This plwer of Anomey is granted and is signed and sealed by iacsimile under *nd by rhe authonty afrhe fo!l*wing Resolutic* adnpted by the Eoard of Directors nf PIiILADELPH IA INDEMN;TT INS LiR.4NCE COMFANY +n the I 4s of Nuvember, lOi ti' RE$OLYED: Th at th e Buald of Direc.tors hereby authnrizes the FresirJent tr any Yice President *f the Company: {l ) Appoi nr Alorney{s) i n Fact and authori ze the Atontey(s) in Facr !c enecute on behalf af the Compsny bonds and undenakings contiacts of indemniq and otler wrih ngs obli gatary i n the n arure therent and r+ *tach drt seal of the Campany lherelo: en d t2)toremcve,atanytime,anysuchAttorneyin-Factandrevukeiheaurhorirygiven' And, be ir

FURTHSR
RSSOLYSD: Thar t'ne slgcatuits of such ol{!*rs and dte seal ofthe -{iompa*y may be affined to any such Power i:f.{narney oi certifr{€te ralating therem by fa+sirni ie. and any such .acwer cf Attomay s: executed and ertified try facsirniie signatures arrd laosimile seal sha!l be ralid and binding upon the Compaiy in the fuilre with respe* to any bnnd or undenaking to whi ch it i s anached,
IN TESIIMANY WHEREOF. PHTLADELPI]JT. INDEMNITY iNSL]RANCS COMFANY HAS CAUSEN IIi!S INSTRUIV'ENT TO BE SIGNED AND ITS CORPGRATESEAi:TLABEAFFIXEDBY ITSAUTHGR|ZEN CF-fCETHIS 5TH SAY *FMARfH.2O?I, 15ear., -.$*l{1,4tu*
Fhi ladelphia Indemnity ins:;+nce Ccnipary
On rhi s 5& day of Mar*h, !0t I before r11e came the in<iividlal wha executed tle precedi ag i nsnlmtnt.1o rne personally known. and being by me du ly sw*rn said that he is rhe therein described an d aurharized officer cf rhe pH I LA DEL PU lA I N IiBM l\l ITY I NS LiRA NCE CO MFANY; rhar the sesl affixed to said instru ment is th e Corparate sesl of sid Cnmprny; rhar the sai d Corpcrate Seal and his signature were duly affixed, Norary Public: 'r.':j->.t-ri; .iv-'. ;-rrr '-ll''-'
..
;r. {-!'
Mgflat, resi ding at:

My commissicn expires
Fals Cynwyd, PA
November'1,2t24
I, Edwar-d Sayagg Corporare Sec.-erary +f FHILADELPIIJA INDEMNITY INSURANCE COMPA].IY, do heretry {.enit ihat ihe t'oreguing resolutiun of the Board ot' Di recrors and the Fcwer of Artonr ey issued pureiant thereta on the 5fi day l\,!arcl. :02 i Fre true and acrrect and are still in fu ll farce and effe+t. I do fu rth er certi+ th ar John Glornh who executed the P*wer of Attomey as Presdenr. was on the date of executian ol the attaclted Pswer cf Atlrmey the duly elected Fresident af FH ILADELPH IA I NDEII{NiIY I N5 URAF'CE C{f MFANY,
.ln resinrc,*,' Wbereof .t haye sr!.rribed rn} nan*e and affi.xed rbe fur$mj Jt serl ef ear:lr f,or*pany 1'*1" Slh ley 31 January 2W Edrvad Sayago* CorpDrate Secretery 1:
td{ftrsrrb.

Mdllt{omtYCsr:ttf
Mf nstfvrtgglbfl trpbts l{oc*'i$.ar3.

PH ILADELPIIIA INDEfi{NITY INSURAI{CE COMPANY
225
Bond Na P8m01040s310-M
Premiqm $-Ect!de4_q j€rturngpe bond
Tract Map No.: 20010
WHEREAS* The City Cauncil of ihe Citv of Fontana. State of California, and, LSFontanaLLCi''Principa1''}haveenteredintoanagreementdated-{the''Agreement'') which is incorporated herein by referenced, in whieh Principal has agreed to warrant and gnarartee the instalisfion and maintenance of cerlein designated public imprtrvemenk; and WHEREA$, under the terms of the Agreemeirt, Prineipal is required to file before acceptance of inrprov*m*nts by the City *f F*ntana a good and suthcient payment bond with the City of Fontana to sec.ure the performance of its warranty and guarantee obligation under the Agreement.

NOW' THEREFORE, Principal and the undersign*d as c+rporate suret3r, areheld timly bound unto the City of Fcntana in the sum of six hundled eighty sever thousand four hundred and twenty dollars f$6S7.420.00) to secure the warranty and guarantee of Principal against any defective work or labar er material furnished in camection with the installation and maintenance cf the public impravement* requircd by the Agleement
This boad shall be and remain in ftll force and effect. and shall indemnify and hold hermls$s the City cf Fontana, its cffietrs, agents and employe* until all rvarranty or guaranlee time periods required under tb* Agreement frli*wing performauce of all tenrls. covenants, provisions and conditions af the Agreement, and any agreed upan alterations or additions therett have expired as to the Principal. his ,:r its heiff, executors, administrators, successo.rs or assigns.

Llpor! irlfii}ne.nt of the obligatioas set forlh ir tle Agsemenl as specified above, this obligati*n trond shall become null and vaid.

As a parl of the obiigation secured hereby, Principai shall pay, in addition to the face :rmount of this bond. all costs and reasonable expen$es and fees including ressonable attorney's fee,s incurred try the City of Foalana ia suecessfirlly erforcing this obligaties, as may be as'arded by a courl of cam$etent jurisdietir-.n in any judgement uponthis bcad.

The surety hereby stipuiate aad agiees fhat n<l changg exlensirrn or tifite. alteraticn or addition to the teans of the Agreement +r the specifications acc-ompanying it shall in any manner affect its *bligatir:a on this bond and $urety hereby w*ives notice tf any such cha^nge, alteration or addition.

Bevhed - KE -Snl:20
226
IN tiryITNE$$ WHEREOF, ihis instrument, for all purpCIse$ be deemed sn origirial. having been duly executed by the Frincipal and Surety, as evidenced by the signatures of their duly authorized representatives whose signatures aFpear below, on this Sth day ot_&!mry- 204-
PRINCIPAL LS-Fontana LLC
TION AND SEAL}
SURETY Philadelphia lrdemnity lnsurarne Cornpany
0{{}TARIZA TrON AND SEAL}
N$TE: Please Attached Notary
Acknowledgernent and
Power ofAttoraey
By:

Fevbd - KE -9/1?/e0
227

ALL- PURPOSE

CERTIFICATE OF AGKNOWLEDGMENT
A notary public or other otficer completing this cerlificate verifies only the identity of the lndividual who signed lhe document lo which this certificate is attached, and not the truthfulness, accuracy, or validity of lhat document.

State of California )
County of Orange )
on JAN 052022 before me, Gina L. Garner, Notary Public
personally appeared Martha Barreras
who proved to me on the basis of satisfactory evidence to be the person(gl whose nameg) is/nx* subscribed to the within instrument and acknowledged to me that hq/she/hcy execuled the same in his/trer/lkreir authorized capacity(iisrX and that by hislher/ttnirsignaturep| on the instrurnent the person0d, or the enti$ upon behalf of which the person{e} acted, executed the instrument.

I certiff under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct
WlTN S my hand and offtcialseal
/Raa GINAL. GARNER
/."K-l,rtA?\ Notary Public - California
l:m?.s:;;H;l orange County Y&4#ile/ commission * zlttlll \t@/nv Comm. Expires Jun '18, 2025 Notary {Notary Public Spal)
ADDITIONAL INFORMATION rNsrR rJ(:'il( )Ns t'()R coM Pl.E l'lN(i'l'H ls ht)R M Thic Iuw rumpli$ vilh nrul Califirrnid .l|rttult$ rigdrrlbry nntatl' warding ond' il needed. shodd ht conplercd and anached to the dc,cumtnt. .lcknohredgenrs front other states uay bc coatplctcdfor docuileilrs bshg xetn rc that state so lotg as ,ha vording does not rtgt,re lhr Calilonia nolet? ,o violote Caltforna notat! la,v. r Statc and Corrnr.v infonnalion musr be the Smtc nnd {larmty whcre rhe d<rument sigrer(s) n€rsonally appeared bcforc thc notar}'public fi)I acknowlcdgrncnt. ! D{te ofrtot{rization must berhcdate tbat the sipgr.cr{s) pcrsonrlly appeartd which musr also bc thc sanc datc dtc acknon'lcdgrncnt is completed. r The lotary putrlic rnrrst print his or her tamc as it appean within his ot het comnrission followed lry a cornma and then your titlc (notary public). r Plint lhe nan{s) of doc.umcui sigueris) who per:onnlly aptelr &t dre titue of uotorizrtion.
. lnrtiqutc thc uumL'et singulur ur plwal furns by ormsing olT incorocl folrns (i'eItllhcr0reyr is i*e ) ol sirsling dre cotrect foms. Faihue to conccdy hdicete this irfonnation may lead to rtjcction o{'tloctnucut roc,nrrling r lhc notiny seut irnpressiolr nrusl be clear and plotograllrically reproducible, [uprcssion lnnst not oover text or lines. lf seal funpression srnrrdgcs, rc-seal ifa sufficient alca pernris, othcrwisc complcrc a diff'crorr acknowledglcnt fonn. . SigFauru of the nol[ry prrblir: nrtsl lr{tqh lhE siEmlute clr lile rvitlr the ofl]r:s uf lhc celnt-v clcr*.

I Addirional infonnation is not rcquircd but could hclp to ensurc rhis lchnowlcdgmcnt is not misuscd orntt0chod to N diffcrcnt documctl. + lodisolcrills orWpc ofuttschcddocunent. nunber ofprres lnddne. .:. Inrlicatc thc crpciry clairned hy thc ri5mcr. lf the claimed capacit-v i: a cor;nrate ollicer, indicltc thc ritle (i.c. CEO, (:lO, fhcruttry), r Sec:utely allach dris docuucnt o rlrc sipgud docunrent rvfth a slaplc.

SCRIPTION OF THE ATTACHED DOCUMENT
(Tifo u dcscriptm ol attached docomanl)
(Ti$e or d{dcripii,on ofaltadred documenl oonlinu€d)
ol Pagos
-
Document l.\afo

CAPACITY CLAIMED BY THE SIGNER
tr lndividual(s) tr Corporate Officer
(rrle)
Partner(s)
Attorney-in-Fact
Trustee(s)
Olher
tr
a
tr
tr
20 1 5 Versio.'1 vnryrv.LJolatyClass€s.rot*r 8Oti-873'9ti65 228

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
of that document.

State of California
County of Orange )
On January L0,2022 before me, Terri L. Piligian, Notary Public (insert name and title of the officer)
personally appeared Shannon Whittaker
who proved to me on the basis of satisfactory evidence to be the whose na executed e me in
on the instrument the
the instrument.

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

IERRI L, PILIGIA}I
WITNESS my hand and officialseal
Notary Public - Caliiornia
Orange Countv
Commission t ZZiZSsz
Comm. Expires Dec 24,2022
Signatu (Seal)
229
PH I LA t}[L PH I'T IIT DEMN ITY I NS URA NCI CO JV! FAFIY Cne Eala Plaza Suite I ll0
Bala Qnwyd PA 19004-095S
Porter of Attorney
K}.{OW ALL PERS.}NS BY TH ESE FRESENTS: Thst PHTLAOELPHIA INOEMI{TTY INSURANCE COI}IPANY {The f,oMPANYL A COTPOTAI|ON NTgANiZCd ANd eri*ing under the iaws irf the Conrmon*eaith of Pennsllr:nia, doeshereby ccnsituie and apptint I.{NINA MONR*E, TilOffAS G. MCCALL. IIMOTHY J.

NOCTNA'.I, JV!J.:IJELLE JjAASE AN.D MA-R THA AAFS EFAS OF LSCit l-ON COi4PAN'ES. LLL-. irs rrue and l:*.$l Anmelin-fs$ wirb fuli authority rn erecute on irsbehslf bonds, undertakings, recogni=ances and other cqntracts of indemniry md xritings *ligarory in the nature ttereot is-{ued in the eourse +f itsbusiness and rs bind the Campary there$, in an amsunr rot ttr enceed $!!1!!!.1@ Th is pow er ol Ancnre.y i s granted and is sig*ed and sraled by facsimile under and by the authority of the following R esoit:ian adspited by the Board of Dilectors of FHILADELPH I.{ INDEMNIIY l}.IS UR ANCE COMP,{NY un the 1 4n uf Narember, l0t 5.

RESOLYED: fhat t*:s Soald of Directors hereby aurhurizes the Presidenr or any Vic* President sfthe Company: {1 i Appoi nt Atlorney {s} i n Fact and auth ori ze the Atrorney {s) in Fact to execute c* behalf ofthe Company b*nds and undenakings, csntracts af indvnnity and other writings obligxory in dre nature therealand to *rac.i the seal cf the Company therero.; an d i2)torern*ve,atarrydmqanysrchAttameyin-Factandrevcketheaurhoritygiven' And, be it

FURTHSR
RESOLYED: Tharlhe signatur-es rf such *ifioers and the seal *fthe Campany tnay be affixed tc any srr* Frwer sf Attorney or c€.ti fr cale rel ating thereto by {acsimi le* and any such Fower +f ,{ttomEy so executed and e*ified by t'acsimile signarurx alri facsimi le seal dtall be valid ard binding 0potl the Comparry in the future with respecl tc a.T y bond or ur'denaking ts whi ch lt i s anached.

IN TESTIMT-INY WTtEREOF, PTiILADELPHIA INDEMNJTY IF{SUR,dNCE CCMPANY HAS fA.USEN THIS INS]RUhJENT TU AE SIGNEN AND ITS f,ORFORATESEALTO BE AFFIXED BY ITS AUTFIDRIZED OFFICE THIS 5TH DAY OF MARCH. ?0T1. ,#"!$s{lfi Phi ladelphia Indemnity Insuiace C*mpa:y
(3eal)
On rhis 5* day ol March, 20) I befcre xe oame fhe individuai who exec.ured the preceding instr"umtni, tc me persanally kno,'vn. and L.eing by me du iy wom said that he isrhe rharein described and aurhori:ed clficer *f rhe PHILADELPHTA INOEMNITY |i'ISURANCE COMPANY; rharrhe seal affined r* said instrument is the Corporare sesl ofsaid Crrrrpary; thatthe said C+rporare Seal and his signature wereduly affixed.

Nutary Public:
gt lerftrr{'rlon a$i6s }tovaiset 3. ?0?1
Co$ndtlagt tsltnblr 13663*a
-';l''r'"tu x', y-rtr-:-{.-... ... a t,
resi ding ar:

My c+mmission erpirrs:

Sala Cynwyd. FA
N*vetnber 3,2024
!, Edward Sayage, Carporate Secreraty of FHILADEI-FUIA- ,NDEMNITY INSURANCE COMPANY, do hereby certi$ that tie tbreguiag resolution of the Board of .Directors and the Fpwer *f Artorney issued purnan:therao on the 5e *ay Marcfi. t02i are true and corrtct and are still in flll force and et-fert. I d* funher certif] thst John Glomb. whc enecuted dre Pcwer of Artomey as President" was sn the date of execution of the attacfied Pswer af Anorney the duly elected President *f FHILADELPH IA I NDEM}.IIIT iN5 LtRAI.'f E f,OMFANY,
In p*irnony l#hereof J heve sbsorii,ed r*; nanre and affi.red rlre fac$mi le saal of eaeh fornpany rh;. Sh day -f-!Sfatgfy-- ?m .": '^ ."'
I na :
^"-l I L" ^\
i,-jri -
:'{ +,.
--
r
Edward Sayago" Corporate Seuretary
PB I LA DSL PHIA IN DCMNITY IT{SURANCE CTMPANY
230
Band Nr. P8m104ffi10
Pre.mjlm $ induded in performance btnd

SECURITY BOND FOR LABOR AND MATERIALS OF

SUBDIYISION AGREEMENT
Tract Map No"r 20010
IVHEREAS, the City Councii af the Ciry rf Fontana. State of California, andIL Fantana LLC i"Principal") have entered into ao agreement dated (the "Agr-eement*) which is iucorporated herein by reference, in which Principal has agreed tc construct. isstall and completed certain designated ptblic impr*vements; and \ryHEREA$, ander the terms af the Agreeireat, Priacipal is required to file trefbre commencing work a gc,ad and sufficient payment trcnd with the Cit-v of Fontana to secure the *laims allowed in California Civil Cade Sections 30&2 et seq.

NOW, THEREFORE, Principai and the undersigned as corporate sur€ty, areheld firmly bound unto the City of Fontana *nd al1 contractorx, subcontactots, latrorers" material men and other persons e.mplayed in the performance of the Agreement and referred tt in the 'above r:eferroced se*ti*us of the Cr:de of Civil Procedure in the sum of six hundred eighty seven thousand four hundred and twenty tlaliars i$68?.42S.00i materials furnished or labcr performed of any kis.d under the Agreemenl, *r for amounts clue under the Unemployment Insurance Act with respect tr such work *r labor. that said surety will pay the sum i11 sn amount not exceeding tkis amount hereir set forth above, and in the event legal action is brougbt upon this basd, the suret!' will pay. in addition to the face qmouat of this bond, such costs and reasonable expenses and fees, including reasonable attorney's fees, incurred in successfirlly enforcing this obligation, as may be awarded and fixed by a c+url of competent jurisdiction in any judgernent entered.

It is hereby expressly stipulated and agreed that this trond shall insure to the benefit of all pcrsors. eompanie*. and cnrporations endtled ta file claims Fursuaet to Seetion 3082 et sec. of the Califoruia Civil Code.

This trond shall hre and remain in full force and effect until all tenns and conditions of the Agreement are fully met and perfcrrmed by the Priacipal, his or its heirs, executors. administrators, suc{essors or assigns, to the satistbction of the llity of Fontana, Upon fir1i-illment of the obligations set fcrth in the Agreemrnt as specified above, this obligatian bond shali become null aad void.

The surety hereby stipulates aad agrem that no ghertge. extension of time, alter-ation to the terms of the Agreement or the specificalions accompanying it shail in any manner affect its obligatirn rn this bond and surety hereby waiv*s notice of any such change, alteration or additic,n.

Revised -KE -S1?*20
231
IN WITFIESS WHERPOF, this instrument, for all purFoses be deemed an original having been duly executed try the Principal and Surety, as evidenced by the signatures of their duly authorized representatives whose signatures appear below, on this slh day of Jaruary 20?2
PRINCIPAL LS-FmtanaLLC
TTON sEAL)
SURETY Philadeghia ln&mnily hsufane Cunpany
'.',.,,,.
{NOTARIZATION AND SEAL}
NOTEr Please Attsshed Ncrtary
Aeknowledgemwt and
Power of Attorney
By:

Revised - K[ -!fl?/20
232

ALL- PURPOSE

CERTIFICATE OF ACKNOWLEDGM ENT
A notary public or other otficer completing this certilicate verifies only the identity of the individual who signed lhe document lo which this certiflcale is attached, and nol the truthfulness, accuracy, or validity of that document.

State of California
County of
l
)
Gina L. Garner, Notary Public JAN 05
On before me,
lnhd nrm md llfla
personally app€arcd Martha Barreras
who proved to me on the basis of satisfactory evidence to be the person(gl whose nameg) is/nn subscribed to the within instrument and acknowledged to me that h*/she/ftCy execuled the same in hii/her/lheir authorized capacity(txrX and that by his/her/ttrsksignaturepf on the instrument the person$d, or the entity upon behalf of which the person{e} acted, executed the instrument.

I certiff under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct
W]TNESS my hand and official seal
/ffiN GINAL. GARNER
/";4***\ Notary Public - California
{:'*l!>@.r$} Orange County
\Wg7 Commission#2361777 \<ir.E9l My Comm, Expires Jun 18,2025 z
2 (Ndary Public Seal)

ADDITIONAL OPTIONAL I NFORMATION

DESCRIPTION OF THE ATTACHED DOCUMENT
(TitB o doscripUffr ol attadrrd documan{
(Till8 or description of attacied documeol continued)
Number ol Pags
-
Document flqio
20 1 5 V€rsior,rnryt i. N olatYClasses.tu l:r 8 0tt- 8 73-S 565 INS'IR l.l(:'l'I0 N S t"OR ( lOMPt,F: l'lN(;'l'H lS t()R M This!<wn atmplius with cmnnt Caltirtll,ia stululr.l rcgarrling nntu4lwrtt'dittg and' i! ncetlad, shovld fu compleftd and anached to the docunent. .1c*nohredgents ft'onr other statcs nay bc cotttplcted lor documents being xttt to that starc m long as the t ording does ttot refiite thc Californio nolery to violote Callfornta notaD' lstt'. r Statc and County infonnatirrn muct hc lhe Srnl€ md (lounty whete rhc docuncnt signcr(s) pervnally appeated br.l'orc thc notarl'public ftn ar:knowlulgrncnt. r Date of romrizntion urusr be the datc that the sigr.er(s) pcrsonrll"v appeartd which nrum rlso bc thc sanc datc drc acknowlcdgmelt is completed, r The lotnry public rnusl prinr his ot her tamc as it appears within his or her crrmrnission followed lr1' a cornma urd then yenr titlc (notary public). r Prinl lhe nomets) of docurncut sigue.r(s) who pelsonnlly nppe{r nt the tirne of loloriznlionr lndieztr.: thc eorrust singulur ur plwtl frruns by olmtirrg off irlconecl fortru (i'e. }er'shellhelt- is iore ) o circling the corect fornrs. Faihue to conectly iLrdicate this iufonnation mny lead to rtjcction ofdoctnteut rcr,ording r 'lhc uotury srid irnprer.sion nrwt be clear and phrrtoglaphically reprc'ducNr. lurprcssiou rntlst not cover tExt or lines. lfseat Luprtssion srllrdgcs, re-se*l ifa sufticient area pemrits, othsru,isc complcrc a diftcrcnr acknowlcdptcnt fonn, . Siglauru of the notury publitr rtttat nrlluh lhc sigrmlure olr file rvitt lfte olllr:e uf lhc counrt* oler*.
* Addirional infonnation is not rcquircd br.rt could help to e,nsure thi.s acknolvlcdgmcnt is not miswcd or ottlchod lo a diffcrcnt documclrl. + ltrdic$c titlc or type offftacherldocrunent. number ofFrler lnd drte. re hdicalc thc caJuciry'clairned hy rhc *igncr. lf lhe claimeil capaciry it a corJnrarc ollicer, indicatc lhc titlc (i.c, (:b0, ClO, ltccrijr[ry]. r Se,:urely attac} this docruuent m rk sfuured docuruent rvfth a slaple.

CAPACITY CLAIMED BY THE SIGNER
n lndividual(s)
El Corporale Officer
tr
a
tr
tr
(lrle)
Partner(s)
Attorney-in-Facl
Trusteo(s)
Olher
233

ACKNOWLEDGMENT
State of California
County of Orange )
On January L0,2022 before me, Terri L. Piligian, Notary Public (insert name and title of the officer)
whose
executed me ln
on the instrument the
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 officialseal.

Signatu J (Seal)
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
of that document.
234
PH I {.-A DEL PH IA INDEMN ITY INSURANCE COMPANY
One Eala FIaza* Suite I 0D
Bela Cyn*yd PA I 9004-095S
Porer of Attorney
KI.IOW ALL PERSINs EY
'HSSE
FRESENTS; ThsI FHILAOELPTTI.A INDET}INITT INSUR.{NCE{*MPANY {the ComPMY}. ACO,?SIAIiOI} ITgANiZCd ANd exising under the iaws *f the Conrmonweelth *iPennsyivania* doesherei:y con$irdrc ani appainl JANINA MONRtlg fHOMAS G. |CCALL, flMDfHY i.

NDCF,AN, MJCSELLS-H3ASE AND MAFIiIA EAFFEFAS OF LCCJ{fON f,iIMFANJES..LLC. itsrrue and iawfil An+mey-in-f:rf wirb full aurhr:riry* re exeare sn itsbehalfbond* undenakingq reccgniza*+es and other clntracrs of indemnir.v and writings cbiigatory in the nature rhereof, iss:ed in the ccurse ofirsbusiness and to bind the Compaay theretry, in an amsunt not ttr e:tceed $[$!$,Q@ Ttis Prwer af.Anorney is granteci and is signed xrd sealed hy ibcsimile under and by the aurhoriry ufrhe foilowing Resoluriun adaprrd by the Baard ef Direcrors of PHILAOELFHTA INDEMN'TY INSURANCE CSMf,ANY On the I4{. oINSVEMbCT, ;]Si6.

R,ESOLYE.O: Ther the 3*ard af Directors hereby authorizes tht Fresi denr or any Yice Presidenl cfthe Ccmpany: { i I AFpoi nr Atforney {s} i n Fan and authori ze rhe Attorneyts} in Fas tc eriecute on behalf of rhe Company bands and undenakings, esntracts of indmniry and olher wriringsabligatory ir the narrrsthereofand tr dra{& thE sial ofthe Comnany thereto; and tll ru remove. it any time. *y arc} Artomey -i n-Fac{ and revoke ihe atthority giren. And, be it
lhartlre signatures af s.rch offieets and tht seal ofttre Company may be affixed lo anY such Pawer of Ancmey or certi$ cate reladng theret* by facsimi ie, and any such Fower *f Aromey sc,e;tec;:ted ardcexifiedby i'aesinile signaturesarid fac$mile seal shallbe valid and binding !pcn the *omparry in tire furure with respect to any bond or undenaking to vrhir.h it is anashed,
IN TESTIIV'T}NY WHEREI]F. FHJLAOELPHIA INDEMNIIY iNSLIR,4NCE CCMPANY HAS C.{USE* IHJS INSTRUMENT TD BE SIGNED AND ITS CCRFGR.ATESEALTC BE AFFIXEN BY ITS AUTHORIZED OFFICE T}IIS 5TH D,{Y OF MARCH- 3O?I.

FURTHER
RESOLVED:
1f\; i
Fhi
.#.*rM
ladelphia l*denrnity lnsurance C+mpmy
{Seal}
coat'lost'tilti ol PanntylYania - riollry 5o:l
V.ll.srr ttclErub. i&0tary PUbUC
HamgoEt!rySountY
lJy$qntrr{s3lo4 trptr*s}'loran$et3. ?0?4
Commilslpt rrurl6tr 1.3$639a
On :his 5& day ol Marrh" 20? I befqre me canre tire individual who executed tire preceding inmument. !s me personaliy known, and being by me du ly sw*m said that he isthe therein described and auth+rized cffieer of the fHILAOELPtIIA INDEMNIfV INSLIRANtE COMFANY; thatthe seal affixed to said instrument is the Corporatc seal of said Ccmpany; that rhe sai d f,brporate Seal and his signarure uere duly affired.

Notary P,:blic: 'f'r,7rer :t '. I I rlr-,1:-.!.." 1 c-r.' resi ding at:

My comnrission expiresl
Eala Cynwyd, FA
November f. ?024
t. Edwsrd Sayagq lcrporare Secretaty of FH.ILADELFHJA JNDEMNITY INSURANCE COMFANY" do hsreby *eni$ thar tie t'oregoing resq{ution of rhe Fsard of Directors and the Fower of Atrorney isu:ed pursuanttherelr on the Sfi day March.2021 are true atrd curect and are sill il full force and effecl. I de futlrer +Rnif] lhat lohn Glomb, wh+ executed the Fower of Attomey as Presdent, was cn fhe date of exepution of the afiacl:ed P*wer rf Attrrney the duly elected President of PTi'LADELPH JA i I.IDEMN'TY' NS URANCE COMFANY,
Jn ie*imsnt tvhereof l hara ebwibed my name and efsxad rhe fardmilr srl sf eaei fompany v1r;* Slh 4", o1 .lanUary , 2W?
Etlwud Sayago. Corporare Stcrgary
PII I LA FELFT'IA I}IDSIVINITY INSIJII.{IiICE COMPANY
235
BondNo. PB{F010408311
Premium $a!U.oo__
$ECURITY BOND F'OR FAITHF'LTL PERFORIKIA!{ISE OF
SUB}IVISION AGREEMENT
TractMap Nc": 20t)69+?0070
WHEREA$, the City Council of the City af Fontana- St*e of California, and, LSFontana LLC {"Principal"} have entered into ar agreement dated the "Agreement") which is incarporated hereia by reference, in which Principal has agteed ta corstruct, install and ccmplete certain designated put{ic improvements; and WIIEREAS, under the teflns cf the Agreemeat. Priacipai is rnquired to file before ssmmencing work a good and sufficient payment bond with the City af Fontana tc secute faithfirl perfrrmanee cf the terms of the Agreement.

NOW, THEREFORE, Frincipal and the undersigued as ct--:rFotate surety, are held and firmly tround unto the City of Fontana in tbe sum of four hundred seventy seven thousand four hundred and forty ane dollars {$4??.441,S0}. to assure faithfirl perf+rm*nce of all terms and canditions of the Agteement.

This band shall be and remain ia fir1l force and effect, and shall indemnifu and hold hannless the City of Fontana, its officers, agents and employees until *ll terms, cosenants, pr*visions and conditions of tbe Agreement, and any agreed upoa alterations or additions thereto, are fully and weil met a:rd performed by the Principal. his or its hein, executors" administratsrs, sussess*rs or assigns, to the satisfactitn of the City of Fontasa in the time and ffitrrrer specified in the Agreement Up*lr firlfilhnent of the obligatinns set forth in the Agre*ment as specified above, this obligalion bond shall become null and void.

As part CIf the obligation seruretl hereb]', Prin*ipal shall pay, in addition to the face .a:nount of this bond, all c.osts and rea.sonable e.xperses and fees including reasonable attornef s fees, incur:ed by the City of Fcntana in successfully enforcing such obligation, as may be aNrarded by a court sf c,gmpete&t jurisdicticur in'any judgem€nt upon this btnd.

The surety lrereby stipulates and agrees that na change, extension r:f time, alteration or addition to ihe terms of the Agreement or &e specificaticns accompanying it shall in any mailrer affect its obligation on this bond and surety hereby waives notice of any such change, 'alteratioa or addition.

Revised - KE -S111/20
236
. IN WITNESS WHEREOF', this instrument, for all purpo$es as deemed an originaS., having bem duly executed by the Principal and Surety. as evidenced by the signatures of their duly authorized repre*entativet whose signaturm appea:belol. crr this -!!-day of-:BnuSry ,2gn
PRINCIPAL LS-FontanaLLC
{NOTARIZATION AND SEAL}
SURETY Philadelphia lndemnity lnsurance Company
{NOTARIZATION AND SEAL}
NOTEr Please Attach Notary
Acknawledgement and
Powerof Attorney.

Revlred - rc -W1l/20
237

ALL- PURPOSE

CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other otficer completing this certificate verifies only the identity of the lndividual who signed the document to whlch this certificate is attached, and not lhe truthfulness, accuracy, or validity of that document' State of California
County of Orange l
on JAN 052072 before me, Gina L. Garner, Notary Public
personally Martha Barreras appearcd
who proved to me on the basis of satisfactory evidence to be the person6gl whose nameS) is&xq. subscribed to the within instrument and acknowledged to me that h*/she/ffiy executed the same in his/her/lkrpir authorized capacity(irrX and that by his{her/ttnirsignaturepf on lhe instrument the personfd, or the entity upon behalf of which the person(sf acted, execuled the instrument.

I certiff under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
)
WTNESS my hand and officialseal.

Signature @.

GINA L, GARNER
Notary Public' California
0range CountY
Commission # 2361777
Comm, ExPires Jun 18, 2025
(Notary Public Ssal)

ADDITIONAL OPTIONAL INFORMATION

SCRIPTION OF THE ATTACHED DOCUMENT
(Tillo or descriptim ol aftached documenl)
(Title or d€rcriptbn ofaltected documenl oofilinued)
of PagEs
-
Document l'lqfc

20.1 S Versior vnvrnr. N olarl.tlasses.cu t1 I Ctl- I 73- g 585 lNsTRr,r(:TI( )N S F.'OR ( IOM PL.H l'lN(i'l'H lS t'()RM This/otn twnpliu vilh urrnt Cal!firlnia ^ftntutls regardlag nnta4lvon)ing and, f ueeded, should he completed and anached to the document. .1c*nohrcdgcnts fiznt other starcs nay bc coupletedfor doiln eilts bsing! setn n ilnt stan so |ottg a't lht t|otdinr does not Nqult'e lhc Califoilra nolery lo violate California notar)' Iar. r Statc and County infonnation murr hc rhe Smtc and (lounty whcre the d(rument signer(n) personally apreared bclbrc *1t. n6qry public fur acknowlcdgmcnt. e Date ofronrizarion urust be thn date tbat the siggr.er(s) personally appeartd which nrust abo bc thc samc datc dtc acknowlcdgurent is cotnpleted. r Tlre uotnry public rnust print his ot hcr.nanrc as it appears within his ot het comnrissicm followed lry a cornma and then 1'our titlc (notary public). r Prin! lhe nonr{s) of documcul siguer{s) who perlonnlly o;ltenr at drc tirne of uotorizaticur.
. lndiuatc thc uum;l;t singulur or plurd fortnr by urmsing off irroorrocl forrru (i.e. }e'sher0ey; is iore ) ol circling dre couecl fotur. Faihue to conectly indicnte tfiis infonnntion may lead to rcjertion ofdoctnncnt roc,ordiog r lhc notury st':rl irnFersicrr nrrst bt slear and photogropldcallS reproducibls, [nprtssiorr ruust rot cover tExt or lines. lfsesl imprnssion srnltdgcs, re-senl ifa sufrcient area pernritn, othrr+'isc compl*c a diflcrctt acknowledpncnt fonn, . Sigluturt of the nottry putrlit nl(El tttfl{cb lhe siEttlurc olt lile witl tht: olll:e rrf thccolrnt) clcrft.
t Arklirionat infonnation is not mquirtd but could hclp to enswe this acknowhdgnrcnt is not misutsd orathchcd to I diffcrcnt documcnt' ts Indisalc rills or type of $trch$d doclunflt nurnber of Fr*es ond dole. .! Indic,ntc thc cepaciry clairncd hy thc ri5'rrcr. lf the chimed capacit-v it a corporate olficer, indicztc thc title (i.c, (1b(), O|0, liccri:raryi. . Se!:wely atlaclt tlis doctuucrt o tir sigued docunrent ruith a slaple

CAPACITY CLAIMED BY THE SIGNER
tr lndividual(s) tr Corporate Officer
tr
a
tr
tr
(Title)
Partner{s)
Attorney-in-Fact
Trustee(s)
Other
238

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
of that document.

State of California
County of Orange )
On January L0,2022 before me, Terri L. Piligian, Notary Public (insert name and title of the officer)
personally appeared Shannon Whittaker
who proved to me on the basis of satisfactory evidence to be the whose re executed me ln
re on the instrument the
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 officialseal
TERRI L. PILIGIAN
Notary Public' Californla
Orange County
commission I Zz7Z997
comr. tr)i'es oec 24, 2022
sig (Seal)
239
P}I I L{. DEL P H IA IN DEIII N I TY INS U RA NCB CO MPANY Bne Eala Plaza, Suire 1 0*
Bals Cynrvyd, FA I 9004-0?50
Fower of Attorney
K}.IC$T ALL FERSONS EY IH ESE PRESENTS: T.ilaT PHTLADE LPHIA INDBIfINITY TNSURA.NCE COMPANY {The CcmPATTY}. c4IPSTaIiSn OTgANiZCd ANd eaisting underthe lawsaftheCrnrmonwealth of Pennrl-ivania.daeshereby c*nsritute and appeint iANINA MONROE; IHOMAS G. MCCALI4 TIMOTHY J.

NDSJt'AN,]t't-rCI-iELLE-HAASEANnMASf$A EAFSEftAS OFt*C,{-i*NCOMFANJES. LLC ixrroe:nd laxful Anornay-in-far:tuitir fu}} aurhcriry.Deierore :q bind the Ccmpary tkereLy, in an amsunt nor t+ etce ed $Q$$$$!p.

T'nis Pow er cf Anunrey is grante* an d is signed an d sea!ed hy lacsi mile under an d by the aurhaiiry of rhe fol lowing Resoluric n adopted by the Eoard of Direcrors of PHiLADELP!]lA TNDEMNITY tNSURAI{CE C*MPANY *n *t l4s *f Novemtrer, 30t 6.

RESOLYEO: That the Er.ari of Oirecmrs hereby ar:thorizes fire Fresi denr or any Vice President af th e Company: (l j Appoinr Arorney{sJ in Fact and authnrizerhe Attorneyts) in Factto enecute on behalf of rhe Comparry bonds and undenakings, ccntracts of indemnity and other writi ngs ol-:ligarory in the n ature thereoland t* *raeh the s*al of the Com pany thereto; an d {3}turBmsve,atanyrime,anysuch.{ttcnieyin-Factandrevoketheai:thoitygiyefi. And, be it

FURTIIER
REsOLVEO: Ttxrhe signatures u.f srJch rffi*eru and the seal of rhe Company may be affited ro any such Power cf Afisrney or 6enii! aate relating therrtc by facsimi ir. and my su*h Fower of Ait*meg s exefl.lted and cenifi rd by facsimi le signarurx and fa+sim i le seal dr all be valid and binding upon the Company in the futur: *ith respec.t to any bond or urrdenaking t* r,vhich irisxtachrd,
IN TESTIMaNY Wrl5REOF. FHILADELFfIiA INtrEI\,{NIIY INSURANCE COMPANY HA.q CAUSED rHIS TNSTRUMENT T0 BE SIGNED AND ITS CORFORATE SEAL.IS BE AFFIXEN BY ITS AUTHORiZED DFFiCE THiS 5TH DA\' OF MARCH, 3O:I.

Fhi *tl*Mladelphia Indemnity insuranee Campany
{Seal)
On thi s 5& day sl March, 203 I befirc me canre rhe individual who executed the precedi ng i nsrumeni. to me perscnally known. and being by me du iy sw*m said drat he is rhe rherein desc.ribed and authorized cffioer of the PHILADELPHIA INAEMNITY IIqS[1RANCE CCIMPANY; tfiar rhe seal affixed to said instrument is the Corporate sral of said Company; *at the sai d Cbrporare Seal and his signature were du iy a{f!xed, Notary Public;
residing at:

My cr*rnisi*n e:r.pires
Bala C.ynwyd PA
Navember 3.2024
I, Edward Sayaga, Corporate Secretary of FlllLADEl-Fill.A INBEMI-IIIY INSUR.{NilE COMPANIf. do hereby cenift that *re tbreg*ing resolution of the B+ard of Dire*qrsandtheFowerofAtmmeyissuedpurs:anttheret*onrheisdayMarch.202l aretrueandcorrrctandare*ill infull force mdeifect. Idcfunhercertisthar iohn Glamb, whc execured the P+wer af Attorney as President lras an lhe dare of *xecution of rie attached Fower of Attcmty the duly eiected Fresident of PH JLAD ELPH IA I ND EI\.INTY' N5 iJR ATICE COMPANY,
I*ie*imon-r-WhereafJhay*shsribedmynaneaiaf$red*elarsimile*;lc.fesdlgl-pp3py15;s Slh ;|py, of January 2fff2 tt.," .,'-*\-'
.-: -->.-+r' -,i
Edward Sayago, Corpcrate Seoreruy
r3$839{
Vtnrccikt*cn:b,
t{ollt|6rutYC61rtlY
lrloommltsionarlittsNdtra|nDar3, ?&?{
PH I LAT}ELPHIA INDSMNITY INSURANCE Ci]MPANY
240
Bond Nc. P8030104O831 l-M
Premium $ induded in perftnrnarne bond
suBDrvIsIoN WARRANTY OBLIGATIqN EOND
Tract Map Nt.r ?0S69+200?0
WHEREAS, The City Council cf the City of Fontffla, State of California. and. LSFontans LLC {"Principa1"} have e.ntered into an agteemeot dated itbe "Agreement") which is incorporated herein by referenced, in which Prin*ipal has agreed i* warrant aad guamntee the installation and maintenance of certaia designated public impror''e'menh; and \trHEREAS, under the terms of the Agreement, Principal is rrequired to frle before acceptance of improvements by the City of Fantara a gctd and sufhcient payment bond with the City of Fontana to secure the performance of its warranty and guarantee obiigation under the Agreement.

NOW, TTIEREFORE, Principal and the undersigned as c*rporate sursty, are held firmly bcund unto the City of Fcntana in the sum of fcur hundred seventy se'verr thousand four hlndred and forty one dollars_{$11?f;!!liQQ}tc secure the warranty and guarantee of Principal against any defective work or labor cr material furnished in crnnection with th+ installation antl maintenance af the public impror"ements required by the Agreement.

This bond shail be and remain in full for$e end effect. and shdl indemniS' and hold harmless the City af Fontana, its alfieers, agents and empl*yees ultil ali wurranty $r guaraetee time periods required undsr ths Agreement following performance of all terms, cotr'enants, provisions and conditions of the Agreement" and any agreed upan alteratians or additiaus theret* have expired as to the Frincipal. his or its heirs, executors, adsinistrators, successsr$ or assigns. gpoa firifillment of tle *bligations set fosth in the Agrenent as specified *tove, this *bligation bond shall become null and void.

As a part of tbe obligation securetl hereb1., Principai shall pay, in addition ta the tbce flmount of this bosd, all costs and reasonable exp6ns$s and f*es including reasonable atttrnet's fees iscurred by the City of Fontana in successfirlly enforcing this obligation, a$ may be awarded by a ccurt of ccmpetent jurisdiction in any judgement upon this bond.

The surety hereby stipulares and agees t&at n* ehaage, extensioa or time. alteration or addition to the terms of the Agre*ment or the specificali*m accompanying it shali in any mautrer affect its obligation on this bond and surety herehy waives atti*e of any such change, alterati*n ar addition.

Revi$ed * KE -9111i20
241
IN WITFIESS WHEREOF, this instrumed, for all purposes be deemed an original, haviug been duly executed b3r the Principal and Surety, as evidenced by &e signatures of their duly authorized representatives whose signatures appea.r below, ontbis sth day of January 20:?-
PRINCIPAL L$fontana LLC

ON AND SEAL)
SURETY Philaddphia irdernnity lnsurance Conpany
0{sTARrzATI.lN AND SEAL}
NOTE; Please Attached Notary
Acknowledgement and
Power cfAttorney
Revlsed - KE -S/'17l20
242

ALL- PURPOSE

CERTIFIGATE OF ACKNOWLEDGM ENT
A notary public or other otficer completing this certificate verifies only the identity of the individual wtro signed the document to which this certiflcate is attached, and nol the truthfulness, accuracy, or validity of that document.

State of California
County of Oranqe
on JAN 05207? before me,
personally appearcd Martha Barreras
who proved to me on the basis of satisfactory evidence to be the person{gl whose name6) is/nX* subscribed to the within instrument and acknowledged to me that h*,/she/gOy execuled the same in his/her/lkreir authorized capacity(iixrX and that by hisfter/itrqixsignaturepf on the instrurnent the person$d, or the entity upon behalf of which the person{e} acted, executed the instrument.

I certiff under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
)
)
Gina L. Garner, Notary Public
WTNESS my hand and officialseal
Public Signature
i
@^^,

GINA L, GARNER
Notary Public - Callfornia
0rrnge County
CommisEion * 2361777
Comm. Expir* Jun 18, 2025
tNolary Public Seal)

ADDITIONAL OPTIONAL INFORMATION

DESCRIPTION OF THE ATTACHED DOCUMENT
(Tille u descripbm ol atladred dmumanl)
(Tith or deraiption ofaltached documenl continued)
olPages
-
Document Date20 1 5 Versior'rt'l*rni. N olaryCla$ses.Du r1 I 00' I 73' g 865 INSTR I.J(]TI() NS T,'OR ( ]OM PI.H I'I NCi'I'H IS T()RM Thisf<umtumplias*ith tnrentCallfitrniastaurcsntgarrltngnnta4t'wotdingand' if neetled, should hc comltleted ani anaehad to the docunrcnt. .lcknohrtdgcnts fi'onr other statcs nay bc coatplctcdfor doewnents beirtg: retu n that slarc n long as the *,ordlng does not rc4ttre tht Califwnia nolery to violate Californra nolary Imt. r Statc and Cormrrv infonnation muir be lhe Slale nad (lmrnty whcre the documenr signer(s) Frsonally appeared br"lbrc thc nota4'public for acknowlctlgrncnt. r Dsre oflotf,dzarion nrust be the date that the sipgr.er(s) pcrsonally appeartd whicb nrust aho bc thc sanrc date drc acknou'lcdgmenr is completed. r The rolnry public rmrst prinr hi* ot hor tanrc as it appcan within his or het crrmnrission followed lrl' a cornma arxl lhen your ritlc {notary public). r Plin! lhe oa.tuc{r) of documcul sigrer{s) wlro peisonnlly nttpeor nt the time of uolorizrlior.
. lndiqa!$ thc uurnLx.:t singulu or plual furnr by ormting aff broqroct folrus (i'u. }e,'she/0rcti is iare ) or cirrling the correcl foturs. Faitrue to correctly ildicote tfiis infonnntion may lead lo rnjcction ofdocrnnott roccrrling r Thc notuy seal impressior ntust be clear aod photogrophically reprr"'ducibls, lupression tutrstnot cover €xt cr lincs. lf seal inrprnssion srnttdges, re.-seal if a sufficient area pcrnris. othsnvisc cornplcrc a diffircnr acknowlodptcru fom' . SigFaurru of the Eotilry prtbti(r nltut nrfllsh llrt signlutc olr file rvitt ths offfr:e of thc corrnrl- clcrk- ,& Addirirmal infonnalion i* not requircd br* could hclp to ousure thir aclnowlcdgmcnt is nol miswcd otsttlchod to I diffcrtnl docuncnl. tt lrldicqlclilte ortype ofrthcheddocument. number ofpr8es snd dolE. ra hdicato thc canaciq'clairned hy rhc sigrrer. lf the claimed capaciry ir a corporau olfrcer, indicatc thc ritle (i.c, CLO' OlO, licrnrary). r Se*ruely altnclt tlris doctuuent ro drc silued docunrent rvfth a slaplt

CAPACITY CLAIMED BY THE SIGNER
n lndividual(s) tr Corporale Officer
fntb)
Partner(s)
Attorney-in-Facl
Trustee(s)
Other
n
E
n
tr
243

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 Orange )
on January L0,2022 before me, Terri L. Piligian, Notary Public (insert name and title of the officer)
personally appeared Shannon Whittaker
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
S (Seal)
244
PHI LAEELPBITd INOEMN ITV INSURANCE COMPANY
Une Eala Plaza. Surte I 0O
Eala eln*yrJ. PA l9t0+0950
Power 'fAttorney
KltitllV ALL FERSDNS EY lH ESE PRESENfS: Ihgr PHILASBLPHIA INDEMNITY INSURANCE COI}IPAI'IY {t}re Cam pany}, a ccrporation rrganized and eristing under the laws ofthe Curamon-vealth *f Pennsyivaniq doesliereby c{:nstiruft and ippuint JANI!.JA MGNR*E IHOMAS G, MCCALI* fllv!*fHY i. l,tA*r$Ai.I, MJCiJE!.LE jiAASE ANA A'{AB IHA F*.R.REFAS OF LOCKfSN {UMFANJES, LLC. irsrrue ard lawful Axomey-ir-fs.s wirh fuli authority te ereure sn irs behslf bon{i+ undefiak i}rEE r€csgni=sn+es and other csntracis lf indem niry and wrilings obligatcry ir the nature there oi is$ed in the c+rrse af its busin ess and to bindtlre Campany:herely, in il am$lnt$ottiex.ceed jl!!!!!,1Q!9.

This Power *f Attrmey is granted and is signed and sraled by tacsimile under and by rhe aurhrriry ofrhe foilorving Resqluiion adopred by the Baard sf Direcrors of FHILADELPH IA INDfiMNITY IIISURANCE CSMF.{NY *n the l4d'+f Novembrr, lf 16.

RESOLVEO: Thar fre Ecal! *f Directors hereby authorizes the Fresidenr *r any Yice Presi&nt cfthe Company: {i i AFpsint Anorney{s;1 in Fact and authorizethe Artorney(s} in Facr ts Bxecute on behalf of the Company bonds and undenakings, cstracrs of indmnity md other writingsobligxory in the narurethereofand to *tsch the seal olthe {bmtany theret*; and {:}tticnilve,stsnyrimr,anysuchAttorneyin-Factandreyoketheauthorirygire*. And, tre it

FURTHER
RSSOLVED: Tharthe signarures of such *{fiaers and the seal *fthe Company rnay be affired ro any sueh Power ef Anomey or G.tificate relating therem by facsimiie, md any sush Pcwer rf .AttDrney s' executed and ce*ified by fucsimi le signatures and faosirni ie seal shall be yalid and binding upon the Campany in rhe future with respect lo any bond or undenaking t+ uhich it is artached.

JN TESTIMI-INY WHEREOF, PHiLADELPHIA INDEMNjTY INSLIRANCE COMPANY HAS CAUSE* THJS INSTRUJVfENT TO BE SIGNED AND ITS L:GEF(fRATESEALIO 8E AFFIXE* BY ITS AUTHORIZEN SFFICE THiS 'iH DAli *F ${ARCH.:tT?!. #.*gtut^ tSeai]
Phi ladelphia Indemni ty insrranee Compmy
On rhis5ftday of March,30)l befqre me can!e rhe individual whs erecuredthEprecedinginstrument,to rne perscnally known, andbeingby me duly swqrn said thathe is the rherein described and autharized officer of the PHILAIIELPHIA INDEMNITY INSURANCE COMFANY; that the seal affixed ro said instrument is the forporate seal of said Campany; *al the sai d [brp*rxe Seal and his signatur:e were du ly affixeC, Notary Public:
',.1.:,',2rxi,r r.-" )r-lr:-lj.-.,.: a,rr
residing at:

My comnri ssirn espires:
6ala Cynwyd, FA
Ncvetnber 3,2024
I, Edx*rd Sa;'ags Corporats Se{.ietary *f FHJ LA} ELP}llA IND E\{NITY I}.IS URANCE COMPANY. do hereby certiF ihar the t'oregoing reso{ution of the Esat{ ol Directors and the Fower rf Att*mey issued pursuant thereto on the 5& day Ma-*h. 2021 are tru e aa d corrcct and are sill in fu ll f+rce and eifecr. J ds fu*h e r. cerris th ar John Giomb, whc exer.uted the P*wer af Anorney as President was on ihe dste of elrec.ution qf rfte atrached Fower cf Attamey the duly elected Fresdenr ol PHJLADELPHIA INDEM}.IITY I NS UR ANCE COMFANY,
.ln Iesim ony l{irereof f hare .sjbserit ed rny narne and affi.red rhe &n:"i-*i ie sa} ol "a*} trLamFan} rlri" Slh d"f og January zfpp. -' {Ir"' ;'*i{ --:t---+/. -".j
Edxad Sayagn" CGrp$rate Secraarl
Moltt{omgrygot$ty
Mf gorffl{3rb4.rgfu 63 tldltr!r}$r 3,
PH ILASEL FHIA INDEM]!iTY INSURANCE COMPANY
245
Bond No. P80301il408311
Premium $ inclu&d in performance bond

SECTJRITY BOND FOR LABOR AND MATERIALS OF

SUBDTVISION AGREEMENT
Tract Map No.: 1006+i?00?0-
WHEREAS, the City Couucil af the City of Fottana, State of California, and !& Fontana LLC {"Principal"} have entered into an agreement dated ithe ItAgreement") whieh is incorporaled herein by r*ference, in wbich Prineipal has agreed to c.ofl.struct, i*stall and completed cerlain designaled public improvements; and WHEREA$, under the tarms *f the Agreement. Prineipal is required to file beflore ssmmencing work a go*d and sufficient payment bond with the City af F*ntana to secure the claims allolcsd in Califarnia Civil C*ds Secti*rs 3082 et seq.

NQlff, THERES'ORE, Frincipal a$d the undersigneil as corporate suretf, areheld firmly tround unto the City of F*ntana and all contractors. subcontractors, labarels, material men and other persans employeil in the performance of the Agreemert and referred to in iLe abov* rcferenced sections of the Code of Civil Frocedure in the sum of four hundred seventy seven thousand four hundred and forty one dollars {$477,441.001 materials fumished or labor perfarmed af any kind under the Agreemenl. or for amounts due under the Unemploltnent Iasurance Act withrespect to such work or lab*r, that sdd *urety will pay the sum in an amount n*t exceeding this amount hercin set forth aboce, and in the e-vent legal action is bmught upon this boad, the surety will pay, in addifion ta the faee amount af this bond. such costs and reasouable expenses and fees, including leasonahle afiorney's fees, incurred in successfirlly enforcing this otrligatiofl. a$ may be awarded and fixed by a court of competent jurisdicrion in any jud gernent eutered.

It is hereby expressly stipulated and agreed that this bond shdl insure to the benefrt *f all Ilersons, companies, a:rd corporations entitled to frle claims purffiant t* Sectian 3082 et sec. *f the Califc,rnia Civil Code.

This bond shail tre and remain in full force aad effect until ali terms and conditions *f the Aggeement are frrlly met and performed try the Priecipal, his or its heirs, ssesutors, administratars, suecessors ar assigns. to the satisfac.tion of the City af Fontana. Upcn fulfillment af the obligations set f*rih in the Agreement as specified abor.'e, this obligation bond shall become null and v*id.

The surety hereby stipulates and aglees that no change, extansion of time, alteration to the terms of the Agreement or the specificatirns accompanying it shall in any manner affsct its obligation ,:n this bond and surety hereby waives notice of any such chenge, alteration or addition.

Bevtsed - KE -Sfl?/20
246
IN \trITNESS W'HERPOF, this instnrment, for all pruposes be deemed an original having been tJnly exe*uted by the Principal and Surelv. as evidenced by the rignatures of their duly authorized represenlatives whose signatures appar beloul, cnthis Sh of Janu*v PRINCIPAL L$Fsrlana LLC

TION AND )
SURETY Philadelphia hdemnity lnsurarce Company
.,.t':,' ".,..
{NOTARIZATION AND SEALi
NOTEr Please Attached Notary
Aeknourledgement and
Power of Attorney
Fevised - KE -W1?i20
247

ALL, PURPOSE

CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other otficer completing this certilicate verifies only the identity of the lndivldual who signed the document lo which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of o oe
l
)
Gina L. Garner, Notary Public On JAN 05 2022 before me, (Hata mtan nrm mo IllE ol lrc filrt.l
personally appeared Martha Baneras
who proved to me on the basis of satisfactory evidence to be the person$l whose name6) is/nn subscribed to the within instrument and acknowledged to me that hdshe/ffiy executed the same in his/her/tkrpir authorized capacity(iixsX and that by his{her/ttlqksignature$} on the instrument the personfd, or the entity upon behalf of which the person(o| acted, executed the instrument.

I certiff under PENALW OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct
WTNESS my hand and officialseal. 0range County
Commission # 2361777
Comm. Expires Jun 1 8, 2025
(Notary Public Soal)
,l@x ffi) \Wuv
GINA L. GARNER
Notary Public - California
z
z

ADDITIONAL OPTIONAL INFORMATION

SCRIPTION OF THE ATTACHED DOCUMENT
(Tillc or doscriphm ol atladred daumenli
(Tille or dercriptirx ofaltached docwnent continued)
o{ Pages
-
Document Date20 1 5 Versiio:r v,\,eriJ.Nolarl rilasses.,;o I-i S gtl'.173'S665 INSTR r.l(:'n( )N li !,'()R ( loMPI.H I'lN(;'l',H lS F ( )R M Thisfuw rumplict wilh t:nrrcnl Cahlomia.rurtut$ rcgarrl/rag nnta1'vordiag and, il neetted, shovld he cotnplcred and anaehed to the dtnnnrcnt. .lckaohctdgcnts fi'ont othet stdres $dy bc conplcted for documents beiug nnt n that starc to long as the v,ording does not refuire tlr Callfo/tria notery ,o vlolate Calt-fornta notary lmt. r Statc and Cormty infonnation musr be the Stnle nnd Oormty s'hmc rhe documcnt sigrer(s) Frsonally appeared bcl'tnc thc notar5'public for ar';knowludgmcnt.

I Dste of $ornriznrion nrust be the dnte frat the siFer(s) pereonally'appeartd whicb nrusr also bc thc samc date ftc acknon'lcdgmenr is cotnplcted' r Tlre notnry public rnust print his ot hor ninrc os it appcan within his ot her cmrmission followed h1'a cornma and then your titlc (notary public)- r Plin! lbe nante{s) of doc.umsrt sigueris) wlro petsonnlly nppcnr at dre tilre of uoloriznliou.
. lntlii,rtc thc strrcst singulur ur plural forrnl try orussing slT iirconFcl forlru (i.e. hsbherdrsyr is iore ) ol cin:ling the couctt fomts- Faihue to concctly ildicetc this iufonnntion may lead ro rcjcction of6oq,xn161 rc(,oftliog ! The noury seirl iuprersiolr ilust be clear aud photogrophically leprodurible, [uptssion mtrst not covel t€xt or lines, lf seal impression trnudlFs, re.-seal if a suficient ar*r pemris, odrer*isc complctc a diffcrcnt acknowledglcor fonn. . SiFatrre of the notury putrlic lrtul trrfltch lhc sigrrnlure cur file rvitft lfttr ol'fir:e uf thc count-r'clert.
& Arklirirmal infonnation i* not rrquirtd bur couH hclp to ensurc this lchnorvlcdgmcflt is nol misurcd orottachod lo r diffcrtnt docurnc'lrl. + lndicats rille ortype of$tlchcddocunent. number ofpr8es nnd dlle, f.. lndicatc thc capaciry clairned hy lhc xigrcr. lf the chimeil capaciry il a corporate oflicer, indicrtc fic ritle (i.c. (lu(J' (llor ttccri:$ry)' r Seuuely atlaclr this doctuuem t rlrc sigred docunrent ufth a *taplc.

CAPACITY CLAIMED BY THE SIGNER
tr lndividual(s)
n Corporale Oflicer
(Tltle)
tr Partne(s)
E Attorney-in-Facl
tr Trustee(s)
r-r Olher
248

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 Orange )
On January L0,2022 before me, Terri L. Piligian, Notary Public (insert name and title of the officer)
personally appeared Shannon Whittaker
who proved to me on the basis of satisfactory evidence to be the whose subscribed to the within instrument and acknowled gedlo me i@tnei
that executed the same in
h i@ltf,"i r authorized capacity(lps
person(pr), or the entity upon behalf
), and that by h r sig ) on the instrument the
of which the persorf4 acted, 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 officialseal.

Signatu (Seal)
249
PH I LA DEL PTI I'{ IN DEI}I N I TY I NS U RANCE CO MPANV Dne Bala Fiaza. Suire 1 0S
Eals Clnxyd PA I 9004-t950
Po$er of Attflrns)r
KNOW ALL FERSONS EY IH ESE FRESENTS: Thar FHILADELPHIA INDEI}INITY lllsuIL4NCE COI]IPANY {the Company), a ?orporation organized and exisring underthe laws *fthe C*nrman$eslth of Pennsylvania. doeshereby mnsirute and appnint JANINA F{ONROE fHBMAS 6' MCCALI+ TIMDTHY JNOONA]'I, .IIJ-IC$ELLEliAAsF.{ND t"tAfiIHA FA.R.REfi.*S AF L*CJ{'*N COMFANJES, Ll-C irsrrue and la*ful ,Anarneyin-fact virh fu}} aurhoriry re eFecute an irs behsiflrgnds, underakingq recognizances and ofher +ontracrs cf indenniry arJ wrirings cbligatory in rhe nature thereo{ issued in rht csurse cf its business and to bind rhe Company thereby. i n an amcunt not ts ex.ceed S!!!$$;!!![ Th i s Pow er of Anumey is granted and is signed and sealed by facsimile under and by rhe euthority of tht fol lowiag R esolution adtpted by the Board of Directors of FHILADELFHIA INDEMNIfY TNSURANCE CCMPANY an tlre 14& of Notember, 2t1f.

RESOLYED: Thar the Eaa*J of Directors h ereby authorizes the Prasi dent or ury Vice President sf the Con:pany: ii] Appoint Attorney{s) in Facrandauthsrizethe Attarney{s} in Fac:tr+enecute on behalf rf the Company bonds and untienaki*gs, aontracts of indmniry and uther writi ngs obli garary in the narrre ther:*fan d to artach the seal of tht C*mpany lherefoi an d {?iroremcve,atanydmeranyanchAitnmeyin-Factandrevoketheauthoritygiven' And. be it

FURTHER
RESOLVEB: Thar *e signatttr-es of such officem and the seal ofthe f,nmpany may be affined ro any s,rc.h Fo*er *f Anorney or senili care relating rhereto by facsimi ie. and any such Fower af AitDrney s exearted rrd certifi$'ly facsimi le signarures snd fucsimi ie seal $all be valid and bindirig upon the Company in rfte future with reqoect to any bond or undenaking to whic$ itisanached.

IN TESTI!.'GNY WHERE*F" FHJLAAELPH'A INDEMNITY iJ'JSLIRANCE COMPANY HAS CAI-ISE* THIS INSTRUMENT ID BE SIGNED AND IT3 L]GRFORATESEALTG Bg AFFIXED EY
'TS
AIITHORIZED CFFICE THIS 5TH D,q}'BF MARCH. ?d?I.
{Seal} **tll."$n.

Fhi ladelphia indemniry insurance CamFtny
On this 5fr day of March. 30!l befire rRe came thr individual who executedthe preceCingin*rumenl,to me persanally knor*n, and lreing by r,re duiy sworn sairl thath:
is th: rherein described and aurhurized offixr af rhe PIIILAIIELPHIA INAEI}IFIITY INSUR{NCB COMPANY; rhar the seal alf,red to said instrutrent is the Corpnrare seal olsaid CsmFany; thatthe said CarporareSeal and his signatune were duly affixed, Nlotary Public:
'r1tr.1-r.<t"r -L-, i-rrr-:.J{"-.., ... i r.'
residing at:

My comnissirn espires:

Sala Cynwyd, PA
N*vember 1,2024
!. Edward Sayag*, Corporare Secretary *f Pflf LADELFHIA IND Efi,tNITY INSURANCE C*MFANY. da hereby ctni* thal rie tbregring reso{ution af tfie Eoatd of Di reetors an d th e Fawer of Atmrn ey issued prrsan: rher€rs on the 5t' day Marci. 2 02 i are true and cotrect and are *ill in fu ll force and effest. I dc fr.rnh er cenifo thar john Glomb, pho executed tire Pnwer of Atrorrey as President was qn lhe date of rx.ecltiorr sf ihe attac.hed Pawer +f Attorney the duly eiected President uf FHTLADELPH lA INDEIvINitY INS URANCE COMFANY.
.ln le*immy Whereof J hare sbwi!,ed my name and afsred:*e fessimile ssl nf eadr f,ompany slt;" 5lh 6t1 o5 Jaruarv 2W2 Edward Sayago. Corparate SecraatS
PH ILADEL FH Id. INDEITNITY INSURAI{CE COMPANY
. :..

M$$eofirryODtnly
lry +orfind36l'l!rtpitas NoYcisar 3'
tonvhtigloh tqltrsta t3SE39a
250
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3013 Agenda Date: 5/28/2024
Agenda #: H. Category: Consent Calendar
FROM:

Housing
SUBJECT:
2023 Permanent Local Housing Allocation (PLHA) Award and Plan RECOMMENDATION:

1. Accept the State of California 2023 Permanent Local Housing Allocation (PLHA) Funds in the amount of $841,109;

2. Adopt Resolution No. 2024-031, authorizing the City Manager to submit an application for the projects utilizing Permanent Local Housing Allocation (PLHA) Funds from the California Department of Housing and Community Development (HCD).

3. Authorize the City Manager, or City Manager’s designee, to execute and transmit any documents necessary or desirable, including but not limited to purchase agreements that may include acquisitions costs up to the full amount of the allocated funds, to ensure the City's timely receipt and execution of Permanent Local Housing Allocation (PLHA) programs;

4. Authorize the City Manager, or City Manager’s designee, to execute and transmit any documents necessary or desirable, including but not limited to purchase agreements that may include acquisitions costs up to the full amount of the allocated funds, to facilitate the timely administration of the Permanent Local Housing Allocation (PLHA) Acquisition, Rehabilitation, and Rental Program including but not limited to property purchase agreements;

5. Authorize the City Manager, or City Manager’s designee, to award and execute any construction contracts up to $200,000 to facilitate the timely administration of the Permanent Local Housing Allocation (PLHA) Acquisition, Rehabilitation, and Rental Program.

COUNCIL GOALS:
· Practice sound fiscal management by producing timely and accurate financial information.
· Practice sound fiscal management by pursing grant opportunities. · Provide a diverse range of housing types and levels of affordability while addressing homelessness in the community by promoting diverse range of housing projects and levels of affordability.
· Concentrate on Inter-governmental relations by pursuing financial participation from county, state and federal governments.

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File #: 21-3013 Agenda Date: 5/28/2024
Agenda #: H. Category: Consent Calendar
DISCUSSION:

In 2020, the California Department of Housing and Community Development (HCD) released a Notice of Funding Availability (NOFA) of approximately $195 million for the Permanent Local Housing Allocation (PLHA) program. Funding for the NOFA is provided pursuant to Senate Bill 2 (SB 2).

SB 2 was signed into law by Governor Brown on September 29, 2017, established the Building Homes and Jobs Trust Fund in order to allocate 70 percent of the moneys collected and deposited in the Fund, beginning in 2019, to local governments for eligible housing activities. The intent of SB 2 is to provide a permanent source of funding to local governments for housing-related projects and programs that address the unmet housing needs in their communities.

The City of Fontana approved a revised five-year plan on September 28, 2021, and June 13, 2023.

In late 2023, HCD announced Formula Allocation Round 4 awards and the City of Fontana was allocated $841,109.00. The 2024 revision will include the following activities:
· Acquisition, Rehabilitation, Rental program
· Homelessness Assistance
The following PLHA activity budgets are identified for the above mentioned activities:

Project/Activity Percentage Budget
Acquisition/ Rehabilitation for
rental-occupied units
95% $799,053.55
Administration 5% $42,055.45
The PLHA Acquisition, Rehabilitation, and Rental Program is designed to increase the City’s affordable housing stock by purchasing, rehabilitating, and renting single-family properties to income eligible households at or below 80% Area Median Income (AMI). The Housing staff bids on and purchases properties that are available on the market for sale and then rehabilitates them, in order to offer suitable living conditions for low-income families.

In order to have a successful program and to ensure that staff is able to compete with private purchasers, the following processes have been established:
· The Housing Development Manager would be authorized to submit offers on potential properties;
· The Deputy City Manager (for purchases up to $50,000) or the City Manager (for all purchases over $50,000 and up to the full amount of allocated funds) would be authorized to finalize any contractual and/or escrow documents in order to purchase the properties; · Only the City Manager would be authorized to sign the Certificate of Acceptance that is attached to the Grant Deed to complete the acquisition.

Lastly, if a property that is purchased through the PLHA Acquisition, Rehabilitation, and Rental City of Fontana Page 2 of 3 Printed on 5/22/2024
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File #: 21-3013 Agenda Date: 5/28/2024
Agenda #: H. Category: Consent Calendar
Program requires any rehabilitation to bring it up to suitable living conditions, Housing staff would create and bid out the necessary items to satisfy any necessary codes and/or regulations.

Authorizing the City Manager, or their designee, to award and execute construction contracts up to $200,000 would facilitate the timely administration of the program and provide homes to incomeeligible families expediently.

FISCAL IMPACT:

Expenditure and revenue budgets in the amount of $841,109 of State Permanent Local Housing Allocation (PLHA) were already included in the FY2023-24 budget. Funds were appropriated to the following: Projects: 30200008-295 & 30200009-295.

MOTION:

Approve Staff Recommendation.

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Resolution No. 2024-
City of Fontana

AUTHORIZING RESOLUTION OF CITY OF FONTANA AUTHORIZING

THE APPLICATION AND ADOPTING THE PLHA PLAN FOR THE
PERMANENT LOCAL HOUSING ALLOCATION PROGRAM.

All, or a necessary quorum and majority of the City Council of the City of Fontana, California, municipality, hereby consents to, adopts, and ratifies the following resolution:

A. WHEREAS, the Department is authorized to provide up to $296 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)).

B. WHEREAS the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability (“NOFA”) dated 12/29/2023 under the Permanent Local Housing Allocation (PLHA) Program;
C. WHEREAS City of Fontana is an eligible Local government who has applied for program funds to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible Local government delegated its PLHA formula allocation.

D. WHEREAS the Department may approve funding allocations for PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients;
NOW THEREFORE BE IT RESOLVED THAT:

1. If Applicant receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department.

2. Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix B of the current NOFA $5,886,732 in accordance with all applicable rules and laws.
254

3. Applicant hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department.

4. Pursuant to Section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan for the 2019-2023 Allocations is attached to this resolution, and Applicant hereby adopts this PLHA Plan and certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the Guidelines.

5. If applicable: Applicant certifies that it was delegated by the City Council of the City of Fontana to submit an application on its behalf and administer the PLHA grant award for the formula allocation of PLHA funds, pursuant to Guidelines Section 300(c) and 300(d), and the legally binding agreement between the recipient of the PLHA funds and the Applicant is submitted with the PLHA application.

6. If applicable: Applicant certifies that it has or will subgrant some or all of its PLHA funds to another entity or entities. Pursuant to Guidelines Section 302(c)(3), “entity” means a housing developer or program operator, but does not mean an administering Local government to whom a Local government may delegate its PLHA allocation.

7. If applicable: Applicant certifies that its selection process of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest.

8. If applicable: Pursuant to Applicant’s certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements.

9. If applicable: Applicant certifies that, if funds are used for the acquisition, construction or rehabilitation of for-sale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A),(B) and (C).

10. If applicable: Applicant certifies that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project, and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with a Local government-approved underwriting of the Project for a term of at least 55 years.

11. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.

12. The City Manager, or City Manager’s Designee, is/are authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to Applicant, as the Department may deem appropriate.
255
Ordinance No. 2024-
PASSED AND ADOPTED at a regular meeting of the City of Fontana this 28th day of May, 2024, by the following vote:

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 resolution is the actual resolution duly and regularly adopted by the City Council on the 28th day of May, 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
256
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3014 Agenda Date: 5/28/2024
Agenda #: I. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Acceptance of Final Map for Tract No. 20521
RECOMMENDATION:

Approve the Final Map for Tract No. 20521 located along Citrus Avenue between South Highland Avenue and Los Cedros Avenue; authorize the Mayor and City Clerk to certify the abandonment of a certain portion of right of way of Farwell Street; and authorize the City Manager to enter into a Subdivision Agreement with the subdivider.

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:

Tract No. 20521 is located along the east side of Citrus Avenue between South Highland Avenue and Los Cedros Avenue. The subdivision consists of 68 condominium units.

Tentative Tract Map No. 20521 (TTM21-000007) was conditionally approved by the Planning Commission on October 4, 2022. All conditions precedent to submitting the final map have been completed by the applicant. The subdivider, D.R. Horton Los Angeles Holding Company, Inc, has complied with the Conditions of Approval and has dedicated the required streets and easements as a part of the project. The tract map has been reviewed by the City Engineer and is found to be substantially in conformance to the approved tentative tract map.

As a part of this Tract Map, portions of excess road right-of-way of Farwell Street are no longer needed and will be abandoned. Pursuant to Section 66434(g) of the California Government Code and Section 66499.20.2 of the Subdivision Map Act, the City Clerk must certify the abandonment of those certain portions of street right-of-way. The filing of this Tract Map shall constitute an abandonment of those portions of the easements granted to the City of Fontana for street and public utility purposes. In accordance with the Subdivision Map Act, the Tract Map is now being brought to the City Council for final approval.

In addition, an authorization is requested for the City Manager to enter into a Subdivision Agreement with the subdivider to guarantee the completion of required infrastructure in accordance with the Subdivision Map Act.

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File #: 21-3014 Agenda Date: 5/28/2024
Agenda #: I. Category: Consent Calendar
FISCAL IMPACT:

This action will only approve the tract map for recordation and authorize permits for the construction of the development, therefore there is no fiscal impact to City resources at this time.

MOTION:

Approve staff recommendation.

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PARCEL MAP NO. 20521

CITY OF FONTANA, CALIFORNIA
City of Fontana
Department of Engineering, Land Development Section
Regular City Council Meeting
TRACT MAP NO. 20521 20521
294
City of Fontana, San Bernardino County, Bureau of Land Management, Esri, City of Fontana HERE, Garmin, INCREMENT P, USGS, EPA, USDA Parcels
0 0.02 0.04mi
5/7/2024
Scale 1 : 2,257
/
This information provided "as is" without warranty.

City of Fontana
Engineering Browser ABANDONMENT

OF RIGHT-OF-WAY
PARCEL MAP NO 20521

CITY OF FONTANA, CALIFORNIA
FARWELL STREET TRACT MAP NO. 20521 TRACT MAP NO. 20521 ABANDONMENT OF RIGHT-OF-WAY 295
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3018 Agenda Date: 5/28/2024
Agenda #: J. Category: Consent Calendar
FROM:

Innovation & Technology
SUBJECT:

Award Bid of CCTV Cameras for Jack Bulik and Veteran’s Parks RECOMMENDATION:

Award bid (DE-24-131-SB) for the purchase and installation of CCTV cameras at Jack Bulik and Veteran’s Park per bid in the amount of $134,540.74.

COUNCIL GOALS:
· 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.
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.

DISCUSSION:

On August 23, 2022, and September 13, 2022, San Bernardino County approved ratifying two contracts with the City of Fontana in the not-to-exceed amount of $1,545,000 for the Jack Bulik Park Improvement Project and not-to-exceed amount of $530,000 for the Veterans Park Improvement Project to increase the park usage and enhance the user experience utilizing the American Rescue Plan Act (ARPA). The City evaluated both parks and determined that it needed to increase the security infrastructure in Jack Bulik and Veterans’ Park to increase park usage and enhance the user experience.

On September 28, 2023, the City requested, and the County approved to amend the scope of both contracts. For Jack Bulik Park, the contract was amended in the not-to-exceed amount of $1,415,000 included the installation of security cameras, fiber optic lines, paint pickleball, and adjusting existing scope’s cost allocation. For Veterans Park, the contract was amended in the not-to -exceed amount of $660,000 included the installation of security cameras and fiber optic lines.

The purpose of the project is to increase the security footprint in locations where both Jack Bulik and Veteran’s Parks have had significant spikes of vandalism in the last 24 months. Adding video surveillance to these locations will hopefully not only deter some of these activities but also enhance the public safety for our residents.

In addition, these cameras, for which recordings will be stored for 12 months, should greatly deter criminal activity, and assist law enforcement with the identification of those who continue to commit crimes. This will save the City countless amounts of dollars by limiting City property from being City of Fontana Page 1 of 2 Printed on 5/22/2024
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File #: 21-3018 Agenda Date: 5/28/2024
Agenda #: J. Category: Consent Calendar
damaged, as well as freeing up employees to focus on priority projects.

There will be 15 camera locations at Jack Bulik Park - 6 will have pan-tilt-zoom (PTZ) cameras that can zoom in on various locations throughout the park. Veteran’s Park will have 5 camera locations.

These will also have PTZ cameras, essentially covering most of the park. These cameras will all be connected to the City’s video management system via fiber back to the Police Department. Our dispatch center will be able to view both parks at all hours of the day, should a live incident occur.

This will also offer better safety for the officers when responding to calls at either location.

The formal bidding process has been completed in conformance with the City’s purchasing policies.

IT staff evaluated the seven (7) proposals received with assistance from the City’s Purchasing Division and two (2) proposal did not meet the requirements. Staff recommends that Avante Technologies of Los Angeles, CA, be the selected vendor because they offer the most complete and thorough response and have a competent infrastructure setup. In their proposal, each park will use Wi-Fi antennas to connect the cameras back to the network closet at their respective location.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $84,206.21 for the Jack Bulik Park and $50,334.53 for the Veterans Park. The available budget is included in the FY23/24 budget in the Jack Bulik park Improvement Project # 37200006-304-B and the Veterans park Improvement Project #37200007-304-B. The re-allocation of amended scope will be submitted in the future quarterly budget report.

MOTION:

Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 5/22/2024
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Bid Results
Surveillance Camera Procurement
and Installation
DE-24-131-SB
Avante Technologies $134,540.74
Los Angeles, CA
Supreme Vision CCTV $143,745.98
San Bernardino, CA
Veterans Communication $169,693.79
Chino, CA
Johnson Controls, Inc. $179,933.00
Cypress, CA
Servitek Electric, Inc. $235,520.00
City of Walnut, CA
298
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3023 Agenda Date: 5/28/2024
Agenda #: K. Category: Consent Calendar
FROM:

Development Services
SUBJECT:

Hotel Management Agreement for Homelessness Prevention Resource and Care Center (HPRCC) RECOMMENDATION:

1. Approve the proposal and authorize the City Manager to enter into an agreement with KC Management, LLC in the amount of $120,000 for four months plus optional, additional 60-day extensions of $60,000 each for professional property management of the Homelessness Prevention Resource and Care Center (HPRCC) located at 17133 Valley Boulevard, Fontana CA 92335.

2. Approve the Non-Competitive Proposal Single Source/Sole Source method of the City’s Purchasing Policies and Procedure Manual Section 3.1.5.

COUNCIL GOALS:
· Operate in a businesslike manner by correcting problems immediately. · Provide a diverse range of housing types and levels of affordability while addressing homelessness in the community by acquisition, substantial rehabilitation, and professional management of selected multi-family properties to provide more affordable units and reduce crime and code enforcement activity.
· Concentrate on Inter-governmental relations by pursuing financial participation from county, state and federal governments.

DISCUSSION:

The City of Fontana has determined Homelessness and Homeless prevention as a top priority and has previously instructed staff to take all feasible actions in support of the City’s homelessness prevention plan.

Key to the City’s overall action plan to resolve homelessness is the creation or acquisition of facilities capable of housing qualified individuals. In February 2024, with the City acquired an approximately 30,000 square foot, two-story hotel with 60 individual suites and a manager’s quarters to reconstruct into administrative and service offices.

Acquisition of this property provides a one-of-a-kind transitional housing facility with a 24-hour managed care center for up to 30 chronically homeless individuals as well as housing and appropriate support services for up to 16 families.

KC Management, LLC owned and operated the hotel prior to the City’s acquisition and has City of Fontana Page 1 of 2 Printed on 5/23/2024
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File #: 21-3023 Agenda Date: 5/28/2024
Agenda #: K. Category: Consent Calendar
specialized knowledge of hotel operations and this property specifically.

In February of this year, the City issued a Request for Proposals (RFP) DE-24-140-SP to provide “Interim Housing Operator and Wellness Services” for the property to assist the homelessness in the city. The facility was slated to function as interim housing and operate 24 hour care and monitoring seven days a week, 365 days a year. The facility was to provide a safe shelter, as well as basic needs, and social service assistance. The RFP resulted in two respondent proposals that were over $5,000,000. Based on the cost of the proposals, staff will be seeking other avenues for funding the intended facility. To prevent further delay in providing interim housing for the homeless, a hotel management company will be needed until a new RFP can be issued for the homeless center.

Staff is recommending procuring the services of KC Management, LLC under the Purchasing Policies and Procedure Manual Section 3.1.5 as the circumstances permit the use of the Non-Competitive Proposal method to maintain continuity of the service.

FISCAL IMPACT:

The initial fiscal impact associated with the approval of this item is $120,000 or $30,000 per month for four months with additional optional 60-day extensions of $60,000 each, and will be funded by special benefit fees generated by Cannabis retail operations and supplemented by hotel voucher programs in use throughout the County of San Bernardino. The required budget adjustments will be included in the next quarterly budget report in Fund 101.

MOTION:

Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 5/23/2024
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17133 Valley Blvd Management Proposal
Objective: Provide management services for the City of Fontana (hereinafter referred to as “City”) for the property located at 17133 Valley Blvd, Fontana, CA 92335.

Background of Management Company: KC Management, LLC (hereinafter referred to as “Management Company”) currently has five hotel properties under management, spread out between California, Texas, and New Mexico. All properties are well maintained and highly rated on review platforms.

Proposed Terms:
• Management Term: 6-Months. If City needs management for a longer period can be extended on a month-to-month basis as needed.
• Management Company will hire employees, pay employees, manage employees, and provide overall management of property for the City as needed/required. • Management Company will be responsible for the following:
• Checking in and checking out approved guests per City requirements. • Providing guests with hospitable service and reasonable accommodations. • Making sure common areas and parking lot are clean and in order on a regular basis. • Making sure rooms are cleaned, inspected, and turned over on a regular schedule per City requirements.
• Making sure all linens, bed sheets, towels, etc. are washed and ready for guests. • Reporting maintenance issues to City and coordinating repairs per city approval if needed. • Maintaining required insurance related to management duties in limits acceptable to City. • Any other management responsibilities as determined by the City. • Management company will not be required to:
• Maintain any insurance related to the building (Fire, Earthquake, etc.) • Pay for repairs/maintenance.
• Pay for or provide supplies (toilet paper, soap, laundry chemicals, linens, blankets, etc). • Pay utilities.
• Pay for TV, Internet, or Phone service.
• Pay for operating equipment.

Budget:
• $30,000 per month (estimated*)
Proposed budget will allow Management Company to cover all associated costs for the following:
• Payroll for Front Desk Staff, and Housekeeping,
• Payroll Tax
• Payroll processing
• Flat Management Fee
• Workers Compensation, General Liability, and Employment Practices Liability Insurance in limits required by city.

Management Company proposes City provide a $45,000** initial retainer to cover initial operations and any potential reimbursement delays.

Management Company will provide bank statements for operating account, payroll reports, payroll processing invoice, insurance invoice, and flat management fee invoice to the City in the following month by the 10th day for verification and reimbursement. Management Company will return any unused funds to the City upon termination and/or end of term. *This is an estimated budget based on Management’s experience and quotes received for certain line items. Actual budget may very slightly.
**Management Company requests retainer in order to support initial operations, and any possible delays in reimbursement.
4 months with optional 60 day extensions
______
301
From: Phillip Burum
To: Cybele Collins
Cc: Laurie Miller
Subject: Fwd: Hotel operations
Date: Friday, May 10, 2024 2:10:46 PM
Attachments: 17133 Valley Blvd Management Proposal.pdf
Cybele
Attached is a proposal to operate the hotel for us. They were not part of the bid process that happened several months ago. This proposal is exclusively for basic hotel operating, without the services that the two respondents included in their RFP responses So, this is a sole source. The vendor is being selected for their specialized knowledge of hotel operations and this property specifically (they used to own and operate this hotel).

I need this to go to city council on May 28 so we can start their service on June 15 and get the hotel opened and serving the homeless
The only change to the proposal is the term will be 4 months with optional 60-day extensions (rather than 6 months with 30 day extensions)
Can you get this processed / prepared for me, including getting it in the city council agenda and having the retainer check ready for them prior to their start date (June 15)? Please let me know early next week if this is something you can take care of or if you have any questions
Thanks
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Phillip Burum
Deputy City Manager • Development Services
[email protected] • Office: (909) 350-6727
From: Vishal Patel <[email protected]>
Sent: Friday, May 10, 2024 2:07:02 AM
To: Phillip Burum <[email protected]>
Subject: Re: Hotel operations

CAUTION - EXTERNAL SENDER - THIS EMAIL ORIGINATED OUTSIDE OF THE CITY'S EMAIL SYSTEM Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hi Phil,
Good morning!
Apologies for the delay. Please see the attached proposal. Please let me know if you have any questions or would like to discuss anything over a quick call. 302
Rev 10/20 *Please attach this form as an attachment to the Requisition.

CITY OF FONTANA

JUSTIFICATION FOR SINGLE OR SOLE SOURCE REQUEST
Date: 05/15/24
Department/Agency: Development Services Administration
Contact: Cybele Collins
Phone: (909)350-6559
Amount: Initial Agreement $120,000 for 4 months with option for additional months at $30,000 each.

Funding Source (i.e. City, Federal, State, or other Agency: City Federal / State Required Contract Language: No
Description of Services/Item/Supply Requested:

Professional property management services for the Homelessness Prevention Resources and Care Center (HPRCC) Recommended Vendor:

KC Management, LLC
Please state the reason that product/service can be provided only by the recommended vendor (include any back-up information or documentation which supports your recommendation). Use additional sheet if necessary.

KC Management, LLC owned and operated the HPRCC prior to the City’s acquisition in February of this year.

They possess specialized knowledge of hotel operations specific to this property. KC Management, LLC will provide basic hotel operating services.

Have other providers of the product or service been contacted (please provide detailed information)? Use additional sheet if necessary.

An RFP for interim housing operations was opened and resulted in two respondent proposals. Each of the submitted responses came in over $5 million dollars and included additional services beyond basic hotel operations and are not required by the City.

How does recommended vendor's prices or fees compare to the general market? Use additional sheet if necessary.

KC Management, LLC’s proposal for basic operations fees of $30,000 per month is well below the submitted proposals.

If recommended vendor could not provide the product or service, how would the agency accomplish this particular task? Use additional sheet if necessary.

Use of an alternative management operations company would far exceed current budgets and require additional funding. Funding for the property managements services at the Homelessness Prevention Resources and Care Center will be initially provided by special benefit fees generated by Cannabis retail operations but will be supplemented by the use of hotel voucher programs in use throughout the County of San Bernardino.

Authorized Signature:_____________________________________________ Date:___________

PURCHASING OFFICE USE ONLY
Comments:

Purchasing Signature:__________________________________________________ Date:___________ 303
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-3015 Agenda Date: 5/28/2024
Agenda #: A. Category: Public Hearing
FROM:

Planning Department
SUBJECT:

Appeal No. 24-007: Request to overturn the Planning Commission’s April 2, 2024 decision adopting a Mitigated Negative Declaration and Mitigation, Monitoring, and Reporting Program and approving Tentative Parcel Map No. 22-034 (TPM No. 20669) and Design Review No. 22-065 , for a proposed mixed-use development comprised of 437 residential units with 4,000 square feet of commercial retail area on approximately 11.21 acres located east of Cypress Avenue, south of Valley Boulevard, north of Interstate (I) 10, and west of Juniper Avenue (APNs: 0251-171-19, 0251-321-17, -18, -19, - 20, -21, -22, -23, -24, -25, -26, -27 and -35).

RECOMMENDATION:

Deny Appeal No. 24-007, thereby upholding the Planning Commission’s decision on April 2, 2024, approving, pursuant to the adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MMRP), a Tentative Parcel Map No. 22-034 (TPM No. 20669) and Design Review No. 22-065 to consolidate thirteen (13) parcels (APNs: 0251-171-19, 0251-321-17, -18, -19, - 20, -21, -22, -23, -24, -25, -26, -27 and -35) totaling approximately 11.6 gross acres into two (2) parcels (Parcel No. 1 is approximately 5.55 acres and Parcel No. 2 approximately 5.66 acres) for the construction of a mixed-use development consisting of 437 residential units and 4,000 square feet of retail space on approximately 11.21 acres located east of Cypress Avenue, south of Valley Boulevard, north of Interstate (I) 10, and west of Juniper Avenue.

COUNCIL GOALS:
· Provide a diverse range of housing types and levels of affordability while addressing homelessness in the community by construction of affordable high-quality multi-family housing.
· Provide a diverse range of housing types and levels of affordability while addressing homelessness in the community by promoting diverse range of housing projects and levels of affordability.
· Enhance the local environment for future generations and create a healthy economic and environmental future by creating neighborhoods that are attractive, safe and convenient for walkers and bicyclists.
· 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.

DISCUSSION:

On April 9, 2024, the City received an application for an appeal (Appeal No. 24-007) from Lozeau City of Fontana Page 1 of 3 Printed on 5/22/2024
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File #: 21-3015 Agenda Date: 5/28/2024
Agenda #: A. Category: Public Hearing
Drury LLP. The application is a request to overturn he Planning Commission adoption of a Mitigated Negative Declaration (MND) and Monitoring, and Reporting Program (MMRP) and approval of the consolidation of thirteen parcels into two parcel and development of a mixed-use multifamily project with 437 residential units and 4,000 square feet of retail space (Jefferson Fontana Apartment Project or Project).

The Planning Commission adopted the Project MND and MMRP, and pursuant to that approved Project entitlements including Tentative Parcel Map No. 22-034 (TPM No. 20669) and Design Review No. 22-065 for the consolidation of thirteen parcels into two parcels and development of a mixed-use multifamily project with 437 residential units and 4,000 square feet of retail space on approximately

11.15 acres located east of Cypress Avenue, south of Valley Boulevard, north of Interstate (I) 10, and west of Juniper Avenue (APNs: 0251-171-19, 0251-321-17, -18, -19, -20, -21, -22, -23, -24, -25, -26, -27 and -35).

Background:

The Planning Commission held a public hearing on April 2, 2024, and adopted an MND and MMRP for the Project and approved Tentative Parcel Map No. 22-034 (TPM No. 20669) and Design Review No. 22-065, via its adoption of Resolution PC Number 2024 - 025, with a vote of 4-0. The staff report and attachments for the April 2, 2024 Planning Commission hearing for this Project, along with meeting minutes, are included as Attachments 4 and 5, respectively, to this staff report.

The MND for the Project was made available for the public review at the City’s website:
<https://www.fontanaca.gov/2137/Environmental-Documents> (Jefferson Fontana Apartment Project) and at the front counter and reviewed by the Planning Commission at the April 2, 2024.

Appeal:

Subsequent to the Planning Commission April 2, 2024 approval, the City received an appeal application on April 9, 2024 from Lozeau Drury LLP, on behalf of Supporters Alliance for Environmental Responsibility (SAFER), (Appeal No. 24-007) and associated appeal letter (Attachment No. 2).

In summary, SAFER’s letter includes assertions that there is substantial evidence that the Project may have a significant air quality impact, greenhouse gas impact; and a significant health risk Impact.

The Project environmental consultant (Dudek), who prepared the MND for the Project has prepared detailed written responses to each of SAFER’s claims regarding potential environmental impacts and provided substantial evidence to the City supporting the determination that the claims have been considered, are without merit, and that the MND prepared for the Project complies with the provisions in CEQA. The responses are included with Attachment No. 2.

FISCAL IMPACT:

None
MOTION:

Approve staff recommendation.

ATTACHMENTS:

City of Fontana Page 2 of 3 Printed on 5/22/2024
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File #: 21-3015 Agenda Date: 5/28/2024
Agenda #: A. Category: Public Hearing

1. Vicinity Map

2. Appellant letter (Lozeau Drury LLP) and Response Memorandum

3. Planning Commission Comments from Lozeau Drury LLP and Response Memorandum (November 20, 2024) Mitchell M. Tsai (November 20, 2024 and December 15, 2023)

4. Planning Commission Comments from Lozeau Drury LLP and Response Memorandum (April 2, 2024)

5. Planning Commission April 2, 2024 Public Hearing Packet

6. Planning Commission Minutes

7. Clerk of the Board Fee Receipt and NOD

8. Public Hearing Notice
City of Fontana Page 3 of 3 Printed on 5/22/2024
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ATTACHMENT NO. 1

VICINITY MAP
DATE: May 28, 2024
CASE: Master Case No. 22-145
Tentative Parcel Map No. 20669 (TPM
No. 22-034)
Design Review No. 22-065

CITY OF FONTANA PLANNING DEPARTMENT
NORTH
Project Site
307
Via Email
April 9, 2024
Germaine Key
City Clerk’s Office
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
[email protected]
Patty Nevins
Director of Planning
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
[email protected]
[email protected]
Alejandro Rico, Associate Planner
Planning Department
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
[email protected]
Re: Appeal of April 2, 2023, Planning Commission Decision Approving Master Case No. 22-145, Tentative Parcel Map 20669 (TPM No. 22-034), Design Review No. 22-065 and Initial Study/Mitigated Negative Declaration (SCH No. 2023100792)
Dear City Clerk Key, Director Nevins, and Planner Rico:

I am writing on behalf of Supporters Alliance for Environmental Responsibility (“SAFER”), including its members who live and work in Fontana and near the Project, regarding Master Case No. 22-145, Tentative Parcel Map 20669, and Design Review No. 22-065, also known as the Jefferson Fontana Apartment Project (“Project”). Through this letter, SAFER appeals the City of Fontana Planning Commission’s (“City”) April 2, 2024, decision to approve Master Case No. 22-145, Tentative Parcel Map 20669, and Design Review No. 22-065 and objects to the City’s reliance on a Mitigated Negative Declaration (“MND”) (SCH No. 2023100792) for the Project.

The Planning Commission’s April 2, 2024, decision related to the Project should not be upheld because the Project may have significant environmental impacts that have not been mitigated, rendering the MND improper under the California Environmental Quality Act (“CEQA”) and necessitating an environmental impact report (“EIR”). SAFER requests that the City rescind Project approvals and prepare an EIR to analyze and mitigate the Project’s