Ventana Maintenance Agreement - Updated.pdf — Fontana City Council, October 8, 2024

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RECORDING REQUESTED BY:

Orange Coast Title Company
2151 E Convention Center Way, Suite 230
Ontario, CA 91764

WHEN RECORDED RETURN TO:

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Attn: Gia Kim, City Engineer

Space Above This Line For Recorder’s Use

MAINTENANCE AGREEMENT

THIS MAINTENANCE AGREEMENT (“Agreement”) is made and entered into as of this ____ day of _______________, 2024, by and between VENTANA 257, LLC, a California limited liability company (“Developer”), and the CITY OF FONTANA (the “City”). Developer and the City may be referred to herein individually as a “Party” or collectively as the “Parties.” RECITALS:

A. Developer is the owner of certain real property located at Assessor’s Parcel Number (APN) 0226-075-57 in the City of Fontana, County of San Bernardino, State of California, which is more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference (the “Developer Property”). Developer has or intends to construct residential dwelling units on the Developer Property.

B. City and Developer wish to establish maintenance obligations and certain rights incidental to the public right-of-way (“ROW”) near portions of the Developer Property as shown in Exhibit “B,” attached hereto and incorporated herein by reference.

C. The Developer Property and ROW are part of a larger project (“Project”) which includes that real property described in Exhibit “C,” attached hereto and incorporated by reference. The remainder of the Project is currently undeveloped, and the Parties anticipate it to be developed pursuant to the terms of a certain 2020 Disposition Agreement, dated July 2, 2020 (the “DDA”).

NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows:

1. Maintenance Obligations.

A. Developer Maintenance Area. “Developer Maintenance Area” means those portions of the parkway landscape areas within the ROW which are generally depicted on Exhibit “B.” The “Developer Maintained Improvements” means street trees, landscaping, and associated irrigation improvements within the Developer Maintenance Area. Developer shall perform the following with respect to the Developer Maintenance Area:

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(i) Keep the Developer Maintenance Area reasonably free of plant and landscape debris.
(ii) Repair damage to the Developer Maintenance Areas due to the elements and ordinary wear and tear.
(iii) Pursuant to Section 4 below, Developer shall Maintain and replace the street trees and landscaping within the Developer Maintenance Area. In addition, the replacement of any Street trees must be approved in writing by the City.
(iv) Maintain proper weed abatement within the Developer Maintenance Areas and corresponding ROW in accordance with the approved plans and all City landscape standards and specifications.

B. City Responsibility. Maintenance and repair of Sidewalks, curb ramps, and curb and gutters shall be the responsibility of the City upon expiration of the one (1) year warranty period and the written acceptance of the improvements by the City.

2. Termination of Developer Maintenance Obligation. Developer shall have the ongoing maintenance obligation of the Developer Maintenance Areas until such time as the City, in its sole and absolute discretion, elects to maintain such area, at which time the applicable area shall no longer constitute a part of the Developer Maintenance Area. In such event, the City shall provide a notice of termination of the Developer Maintenance Areas in writing to Developer.

3. Use of ROW. The Parties agree that neither Party shall have the right to erect any structure or conduct any activity within the ROW which will unreasonably inhibit or impair the use of the ROW described in this Agreement. The ROW shall be accessible by the general public.

4. Right of City to Remedy Failure of Maintenance Obligation. If Developer fails to comply with the provisions of this Agreement, including any failure to maintain the Developer Maintenance Areas and/or the Developer Maintained Improvements, as set forth above, then the City may deliver written notice to Developer identifying the specific defects regarding the maintenance of the Developer Maintenance Areas or Developer Maintained Improvements ("Defects Notice"). The Defects Notice shall specify the date by which Developer must remedy the specific defects identified in the Defects Notice in order to avoid action by the City, which date, except in the case of an emergency situation, shall be no less than fifteen (15) days from the Developer's actual receipt of the Defects Notice.

If the City determines a hazardous situation exists which must be remedied immediately (“emergency situation”), then the City shall have the right to immediately enter into the Developer Maintenance Areas to address and resolve the emergency, after which the City will seek reimbursement in accordance with this section.

If Developer fails to correct the specific defects identified in the Defects Notice within the time period specified in the Defects Notice, the City shall have the right to remedy the specific defects identified in the Defects Notice. Developer hereby grants the City, or its assignees, the right of access, ingress and egress upon and across the Developer Maintenance Area as may be necessary to complete such remedial work. The City may retain, as its election, its own contractors, or the Developer’s contractors, or other third party maintenance company to complete the remedial work, provided that all such contractors shall be appropriately licensed (if a license is required for the performance of the remedial work) and, such contractors are employees of the City, maintain workers compensation insurance, automobile insurance, and general commercial liability insurance with limits and terms acceptable to Developer and on which Developer is named as an additional insured . Except in an CED\ 30712-0031\ 772529.2 5/2/2023 -3-
emergency situation, during which remedial or repair work may be performed at any time to address the emergency, all remedial work shall be performed between the hours of 7:00 a.m. and 6:00 p.m. in a manner that minimizes any inconvenience to the residents of the Developer Property. Any costs incurred by the City for the remedial work needed to remedy the specific defects identified in the Defects Notice shall, unless patently unreasonable, be borne solely by the Developer. The City shall provide a written itemized invoice and back-up documentation for such costs (e.g., documentation evidencing the number of worker hours spent performing the remedial work, receipts for the purchase of any materials or lease of any equipment needed to perform the remedial work, mechanics' lien releases, etc.) to Developer within thirty (30) days' after the completion of the remedial work. Developer shall remit payment to the City within thirty (30) days from Developer's receipt of the invoice and back-up documentation. The Parties agree that any remedial work undertaken by the City under this section shall not terminate the maintenance obligations of Developer under this Agreement.

5. Indemnification. Developer hereby covenants and agrees to indemnify, defend (with legal counsel selected by the City), and hold City, its officials, officers, agents, and employees harmless from and against any and all claims, damages (including damage to property and injury to persons), demands, losses, obligations, judgments, liabilities, costs and expenses (including, without limitation, attorneys’ and other fees) arising from or in any way connected to any injury to persons or damage to property caused by the negligence or willful misconduct of Developer or its agents during any installation, repair or maintenance activities by Developer or its contractors or agents in the Developer Maintenance Area. City hereby covenants and agrees to indemnify, defend (with legal counsel selected by City and reasonably acceptable to Developer), and hold Developer, its members and their officers, members, agents, and employees harmless from and against any and all claims, damages (including damage to property and injury to persons), demands, losses, obligations, judgments, liabilities, costs and expenses (including, without limitation, attorneys’ and other fees) arising from or in any way connected any injury to persons or damage to property caused by the negligence or willful misconduct of City or its agents during any installation or maintenance activities in the ROW.

6. Future CFD. Developer and City agree that the ROW is intended to benefit the entire Project, so as other portions of the Project are developed, the owners of such parcels should be obligated to contribute to the ROW maintenance costs. Therefore, as part of the conditions of approval for the other parcels in the Project, the City shall assist with the initiation and execution the necessary procedures for the establishment of a Community Facilities District (“CFD”) which will own and maintain the ROW, and at such time, Developer shall also participate in such CFD and shall reasonably cooperate in the formation of such CFD. Only upon the successful formation of the CFD and transfer of the maintenance obligations described herein to the CFD, shall this Agreement terminate upon written approval by the City. Notwithstanding the foregoing, the City agrees that the conditions of approval for any parcel within the Property which is owned by Developer or an affiliate of Developer (“Affiliate Property”) shall allow for the amendment of this Agreement in order to include the Affiliate Property as part of the Developer Property instead of requiring the formation and annexation into a CFD.

7. Successors and Assigns. This Agreement shall run with the land and shall be binding upon and shall insure to the benefit of the heirs, executors, administrators, successors and assigns of the Developer and the City. The covenants, conditions and restrictions set forth in this Agreement shall constitute equitable servitudes which shall run with the land. Except as expressly stated in this Agreement, there are no third party beneficiaries with the right to enforce this Agreement.

8. Affected and Benefited Land. The land (“Affected Land”) affected by the covenants contained in this Agreement is the Developer Property and the ROW. The land (“Benefited Land”) benefited by the covenants contained in this Agreement is the Developer Property and the ROW.

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9. Notices. Unless otherwise provided in this Agreement, all notices, demands, or other communications given pursuant to the terms of this Agreement shall be in writing and shall be deemed to have been given and received upon personal delivery or as of the second business day after mailing in the United States by registered or certified mail, return receipt requested, postage prepaid, addressed as follows or to such other address or to such other person (e.g., Association or the Association's property manager) as either party may designate in a written notice to the other party:

If to Developer:

VENTANA 257, LLC
c/o Frontier Communities
2151 E. Convention Center Way, Suite 222
Ontario, CA 91764
Attn: Andrew Wennerstrom
Telephone: (909) 354-8010
[email protected]

With a Copy to:

VENTANA 257, LLC
c/o Frontier Communities
2151 E. Convention Center Way, Suite 222
Ontario, CA 91764
Attn: Steven B. Imhoof, Esq.

Telephone (909) 354-8085
[email protected]

If to City:

CITY OF FONTANA
8353 Sierra Avenue
Fontana, CA 92335
Attn: Gia Kim, City Engineer
Telephone: (909) 350-7613
[email protected]

With a Copy to:

Best Best & Krieger LLP
28554 E. Guasti Road, Suite 400
Ontario, CA 91761
Attn: Ruben Duran, City Attorney
Telephone: (909) 989-8584
[email protected]

10. Lender Protection. Nothing in this Agreement shall be construed as giving any party priority over the rights of beneficiaries of first deeds of trust encumbering any portion of the Developer Property. No breach of this Agreement shall invalidate the lien of any first deed of trust encumbering the Developer Property.

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11. Headings. The titles or headings of the sections of this Agreement are not a part of the Agreement and shall have no effect upon the construction of or interpretation of this Agreement.

12. Execution in Counterpart. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.

[Signature Page on Following Page]

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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above.

CITY OF FONTANA
By:________________________________
Matthew C. Ballantyne
City Manager

VENTANA 257, LLC
By:_________________________________
Richard Munkvold
Chief Financial Officer
Attest:

By:________________________________
Germaine Key, City Clerk

Approved as to form:

Best Best & Krieger LLP
City Attorney

By:_____________________________
Phillip Burum, Deputy City Manager
Development Services Organization

By:_____________________________
Gia Kim
Director of Public Works/City Engineer

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

STATE OF CALIFORNIA )
)
COUNTY OF ______________ )

On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Notary Public (SEAL)

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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 ______________ )

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.

Notary Public (SEAL)

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EXHIBIT “A”

DEVELOPER PROPERTY
(PA-1A Site Plan)

30'-1"
50'-0"
26'-0"
30'-0"
26'-0"
30'-0"
30'-0"
35'-0"
30'-0"
26'-0"
20'-10"
30'-0"
26'-8"
30'-0"
26'-0"
30'-0"
30'-0"
30'-0"
30'-0"
30'-0"
30'-0"
30'-0"

DUNCAN CANYON
CITRUS AVE.
30'-0"
30'-0"
27'-4"
26'-0"
30'-0"
T R
O
O
O
RT
TR
O
O
O
R T
T R
O
O
O
RT
26'-0"
18'-0"9'-0" 9'-0"18'-0"
9'-0"
18'-0"
22'-0"8'-0"
31'-1"
28'-3"
39'-10"
21'-2"
25'-5"
73'-8"
22'-5"
45'-0"
40'-0"
90'-0"
46'-0" 30'-0"
30'-0"
34'-5"
20'-0" 20'-0"
UP 27R
UP 27R1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 18 19 20 21 22 23 24 25 26 27 gov
A1
P.

B1 B1
COAT
L.

B1
L.

A1
P.

C1
L.

A1
L.

A1
COAT
L.

A1
L.

DS
DS
DS
DS
DS
DS
DS
DS
DS
DS DS
DS
DS
DS
DS

DS DS DS
RDRD
RD
RD
RD
RD
RD
W/H
FIRE
RISER

ELECTRICAL MPOE
A1
B1
A1
A2
L.

LIVING
B1
L.

B1
L.

A1
P.

DS
DS
DS
DS
DS
DS
DS
DSDS
DS
DS
DS
DS
DS
DS
DS
DS
DS
DS
DS
DS
DS
RD
RD
RD
RD
RD
RD
RD
RD

ELECTRICALMPOE
W/H
FIRE
RISER
L.

DS
DS
DS
DS
DS

DS DS DS DS DS
DS
DS
DS
DS
DS
DS
DS
DS
DS
DS
DS
DS
DS
DS
DS
RD
RDRD
RD
RD
RD
B1
L.

HUB
E.P.

B1
L.

HUB
E.P.

E.P.

HUB
S1
C1
L.

E.P.

HUB
L.

B1
L.

HUB
E.P.

B1
HUB
E.P.

B1
L.

HUB
E.P.

E.P.

DS DS DS
DS
DS
DS
DS
DS
DS
DS
DS
DS
DS
DSDS
DS
DS
DS

RD RD RD
RD
RD
RD
DS
DS

DS DS DSDSDS DS
DS
DS
DS
DS
DS DS
DS
DS
DS
DS
DS
DS
DS
DS
DS
L.

E.P.

E.P.
2x4
2x4
2x4
2x4

MPOE ELECTRICAL
W/H
FIRE
RISER
DS
RD
RD
RD
RDRD
RDRDRD
L.

E.P.

A1
L.

E.P.

A1
L.

E.P.

E.P.
2x4
2x4
2x4
2x4
E.P.

ELECTRICALMPOE
W/H
FIRE

RISERSTORAGE
L.

E.P.

DS
DS
DS
DSDS
DS
DS
DS
DS
DS
DS
DS
DS
DS
DS
DS
DS

DS DS DS DS
DS
DS
RD
RD
RD
RD
RD
RD
RD
RD

RD RD RD DS
R
O
O
O
T
R
O
O
O
T
O
O
O
R
T
R
T

PARKING
NO

PARKING
NO
YIELD

PARKING
NO
VAN

PARKING
NO
R
O
O
OT
O
O
O
R
T
R
T
O
O
O
R
T
R
T
YIELD
BLDG 2TYPE F
BLDG 1TYPE E
BLDG 6TYPE C
BLDG 3TYPE D
BLDG 4TYPE B
BLDG 5TYPE A
CP-3CP-4
CP-1
CP-2
CP-6
CP-5
CP-7CP-8
CP-14
CP-13
CP-16
CP-15
CP-18
CP-17 CP-19
CP-20
CP-21
CP-22
CP-10
CP-9
CP-11
CP-12

CLUBHOUSE
39'-7"
ARCH-A
ARCH-B
ARCH-A
ARCH-A
ARCH-A
ARCH-B
EV
EVEVEV
EV
EV
EV
EV
EV
EV
EV
EV
EV
EV
EV
EV
EV
EV
EV
EV
EV
EV

EVEVEVEVEVEVEV
EV
EV
EV
EV
EV
EV

EV EV EV EV EV EV EV EV EV EV
EV
EV
EV
EV
EV
EV
EV

EVEVEVEVEVEVEVEVEV
EV
EV
EV
EV
EV
EV
EV
EV
EV
EV
EV
EV
EV
EV
EV
EV

EVEVEVEVEVEVEVEVEV
EV
EV
EV
EV
EV
EV
EV
Seal
Consultant

S H E E T
Client
Project Number:

Plan Check Number:
2019-585
#

VENTANA DUNCAN
CANYON PA1-A
DUNCAN CANYON RD. & CITRUS AVE.

FONTANA, CA 92336
CD 02/01/2023
© 2021 Architects Orange, LLP dba AO These plans are copyright protected. Under such protection unauthorized use is not permitted. These plans shall not be reproduced or used without written permission by AO.

FRONTIER COMMUNITIES
2151 E. CONVENTION CENTER WAY #114
ONTARIO, CA 91764
TEL. (909) 354-8010
BICYCLE PARKING - 1 SPACE PER 4 UNITS (257x0.25 = 64)
TYPESHORT TERM 20%LONG TERM 80%
REQUIRED1450
PROVIDED14 - ON SITE134 - GARAGES
May/20/2024 11:42 AMdwg last saved:
sheet plotted:
drawing file name:

May/20/2024 @ 11:43 AM
r:\2019\2019-585 frontier ventana pa6 fontana\04 dd-cd\- apts\cad\2019-585_a1.0 site plans.dwgA1.0

ARCHITECTURAL SITE PLAN
1"=40'-0"
40' 80' 120'0 20'
NORTH
1 ARCHITECTURAL SITE PLAN (FOR REFERENCE ONLY)1" = 40'
TRANSFORMER, REFER TO CIVIL DRAWINGS.

SITE PLAN LEGEND

PROPERTY LINE

LOCATION OF FUTURE EV CHARGING STATION
INDICATES HANDICAP ACCESSIBLE ROUTE / PATH OF TRAVEL. THE ROUTE SHALL NOT EXCEED 5% IN THE DIRECTION OF TRAVEL AND 2% CROSS SLOPE. (5% CAN ONLY BE INCREASED TO 8.33% IF A RAMP WITH

HANDRAILS AND GUARDS IS PROVIDED)

SITE PLAN GENERAL NOTES

1. FOR HORIZONTAL CONTROL, SEE CIVIL DRAWING.

2. FOR SITE HARDSCAPE, SEE LANDSCAPE DRAWINGS.

3. FOR FIRE LANE DESIGN, SEE CIVIL AND LANDSCAPE DRAWINGS.

4. FOR PERIMETER FENCING, SEE LANDSCAPE DRAWINGS.

5. THIS SITE PLAN IS FOR REFERENCE ONLY, AS AN ARCHITECTURAL PLAN FOR GENERAL LAYOUT AND IDENTIFICATION PURPOSES ONLY.

6. REFER TO CIVIL AND LANDSCAPE DRAWINGS FOR SPECIFIC SITE REQUIREMENTS.

7. ALL PROPERTY LINES, EASEMENTS, AND BUILDINGS, EXISTING AND PROPOSED ARE SHOWN ON THIS SITE PLAN BUT MUST BE VERIFIED WITH THE CIVIL PLANS.

8. BUILDING SIGNAGE IS DESIGNED BY OTHERS AND INSTALLED BY THE GENERAL CONTRACTOR.

9. SITE SIGNAGE IS DESIGNED BY OTHERS AND INSTALLED BY THE GENERAL CONTRACTOR. SIGNAGE IS A SEPARATE DEFERRED SUBMITTAL.

10. SITE WALLS ARE DESIGNED BY OTHERS.

11. DECORATIVE SITE LIGHTING IS DESIGNED BY OTHERS.

12. SURFACE WATER MUST DRAIN AWAY FROM BUILDING. SEE CIVIL AND LANDSCAPE PLANS FOR DRAINAGE DESIGN.

13. VEHICULAR SURFACES INCLUDING ENHANCED PAVEMENTS, WILL BE ENGINEERED TO

ACCOMMODATE THE WEIGHTS AND TURNING RADII OF PUBLIC SAFETY AND SERVICE VEHICLES.

14. ALL BUILDING PROJECTIONS WILL COMPLY WITH CITY SETBACK REQUIREMENTS.

15. REFER TO LANDSCAPE DRAWINGS FOR INFORMATION ON ALL GATES NOT DIRECTLY ATTACHED THE THE BUILDING.

16. REFER TO THE A2._ SERIES SHEETS FOR OCCUPANCY EXIT AND EGRESS PLANS

17. ACCESS CONTROL DEVICES. WHEN ACCESS CONTROL DEVICES, INCLUDING BARS,

GRATES, GATES, ELECTRIC OR MAGNETIC LOCKS OR SIMILAR DEVICES WHICH WOULD

INHIBIT RAPID FIRE DEPT EMERGENCY ACCESS TO THE BUILDING, ARE INSTALLED, SUCH DEVICES SHALL BE APPROVED BY THE FIRE AUTHORITY. ALL ACCESS CONTROL

DEVICES SHALL BE PROVIDED WITH AN APPROVED MEANS FOR DEACTIVATION OR UNLOCKING BY THE FIRE DEPT. ACCESS CONTROL DEVICES SHALL ALSO COMPLY WITH 2019 C.B.C. CHAPTER 10 FOR EGRESS.

18. REFER TO CIVIL PLANS FOR FINAL GRADE ELEVATIONS AND FINAL FINISH FLOOR ELEVATIONS TYPICAL THROUGHOUT.

19. PROTRUDING OBJECTS ON CIRCULATION PATHS WITHIN COMMON USE AREAS TO COMPLY WITH FHA ANSI 1998 SECTION 4.4, INCLUDING: (SEE ALSO: CBC 11A & 11B) a. PROTRUSION LIMITS: OBJECTS WITH LEADING EDGES MORE THAN 27” AND NOT MORE THAN 80” ABOVE THE FLOOR SHALL PROTRUDE 4” MAXIMUM HORIZONTALLY INTO WALKS, HALLS, CORRIDORS, PASSAGEWAYS, OR AISLES PER SECTION 4.4.1.

PROTRUDING OBJECTS SHALL NOT REDUCE THE CLEAR WIDTH REQUIRED FOR AN ACCESSIBLE ROUTE OR MANEUVERING SPACE.
b. POST MOUNTED OBJECTS: FREE-STANDING OBJECTS MOUNTED ON POSTS OR PYLONS SHALL BE PERMITTED TO OVERHANG 12” MAXIMUM WHEN LOCATED MORE THAN 27” AND NOT MORE THAN 80” ABOVE THE GROUND OR FINISHED FLOOR PER SECTION 4.4.1.
c. REDUCED VERTICAL CLEARANCE: WALKS, HALLS, CORRIDORS, PASSAGEWAYS, AISLES, OR OTHER CIRCULATION SPACES SHALL HAVE 80” MIN CLEAR HEADROOM PER SECTION 4.4.2. IF VERTICAL CLEARANCE OF AN AREA ADJOINING AN ACCESSIBLE ROUTE IS REDUCED TO LESS THAN 80” NOM DIMENSION, A GUARDRAIL OR OTHER BARRIER HAVING ITS LEADING EDGE AT OR BELOW 27” ABOVE THE FINISHED FLOOR SHALL BE PROVIDED. SEE DETAIL 7/A3.0.6.

20. PROTRUDING OBJECTS ON CIRCULATION PATHS WITHIN PUBLIC USE AREAS TO COMPLY WITH 2010 ADA STD SECTION 307, INCLUDING: (SEE ALSO CBC 11A & 11B) a. 2010 ADA STD SECTION 307.2: PROTRUSION LIMITS
b. 2010 ADA STD SECTION 307.3: POST-MOUNTED OBJECTS
c. 2010 ADA STD SECTION 307.4: VERTICAL CLEARANCE
d. 2010 ADA STD SECTION 307.5: REQUIRED CLEAR WIDTH SEE DETAIL 3/A3.0.7.

21. GROUND AND FLOOR SURFACES IN COMMON USE AREAS THAT ARE LOCATED ALONG

ACCESSIBLE ROUTES AND IN ACCESSIBLE ROOMS AND SPACES, INCLUDING FLOORS, WALKS, RAMPS, STAIRS, AND CURB RAMPS, SHALL BE STABLE, FIRM. AND SLIP RESISTANT AND SHALL COMPLY WITH ANSI 1998 SECTION 4.5.1. IN ADDITION, CHANGES

IN LEVEL ON GROUND OR FINISHED FLOOR SURFACES IN COMMON USE AREAS SHALL COMPLY WITH ANSI 1998 SECTION 4.5.2, AS WELL AS:
a. ANSI 1986 SECTION 4.5.3: CARPET b. 2010 ADA STD SECTION 302.3: OPENINGS. (SEE ALSO CBC 11A & 11B)

22. CHANGES IN LEVEL (INCLUDING FLOOR MATERIAL TRANSITIONS) IN PUBLIC USE AREAS SHALL COMPLY WITH 2010 ADA STD SECTION 303.1, INCLUDING: a. 2010 ADA STD SECTION 303.2: VERTICAL b. 2010 ADA STD SECTION 303.3: BEVELED c. 2010 ADA STD SECTION 303.4: RAMPS SEE DETAIL 3/A3.0.6. (SEE ALSO, CBC 11A & 11B)

23. CURB RAMP ON ACCESSIBLE ROUTES SHALL COMPLY WITH CBC 2016 SECTION 11B-406.

SEE DETAIL 6/A3.0.7. REFER TO CIVIL DRAWINGS FOR MORE INFORMATION.

24.UNRESERVED PARKING SPACES FOR TENANTS. ALL UNRESERVED PARKING SPACES

SHALL REMAIN OPEN FOR FOR TENANTS OF THE PROJECT WHO DO NOT HAVE A RESERVED PARKING SPACE FOR THEIR USE AS PROVIDED HEREIN. THE LEASES FOR

TENANTS SHALL PROVIDE THAT TENANTS SHALL USE THEIR RESERVED PARKING SPACES FIRST BEFORE USING ANY UNRESERVED PARKING SPACES.

25.GUEST PARKING SPACES. THE GUEST SPACES SHALL BE MARKED WITH SIGNAGE AS "GUEST PARKING". THE GUEST PARKING SHALL BE DISTRIBUTED EVENLY THROUGHOUT THE PROJECT AS APPROVED BY CITY MANAGER.

26. APPLICANT SHALL NOT CHARGE ANY FEE TO PARK IN THE PROJECT.

27. GUEST PARKING SPACES. GUEST PARKING SPACES SHALL BE MARKED AS PERMANENT

GUEST PARKING SPACES AND MAY NOT BE ASSIGNED OR RESERVED FOR ANY TENANT, OCCUPANT, OR EMPLOYEE.

28. ADDRESS NUMBERS. STREET NUMBERS: APPROVED NUMBERS AND/ OR ADDRESSES

SHALL BE PLACED ON ALL NEW AND EXISTING BUILDINGS AND AT APPROPRIATE

ADDITIONAL LOCATIONS AS TO BE PLAINLY VISIBLE AND LEGIBLE FROM THE STREET OR ROADWAY FRONTING THE PROPERTY FROM EITHER DIRECTION OF APPROACH. SAID

NUMBERS SHALL CONTRAST WITH THEIR BACKGROUND, AND SHALL MEET THE FOLLOWING MINIMUM STANDARDS AS TO SIZE: 4" HIGH WITH A 1 2" STROKE WIDTH AND BE

INTERNALLY ELECTRICALLY ILLUMINATED SO AS TO BE VISIBLE DURING THE HOURS OF DARKNESS FOR RESIDENTIAL BUILDINGS, 8" HIGH WITH A 1
2" STROKE FOR COMMERCIAL
AND MULTI-FAMILY RESIDENTIAL BUILDINGS, 12" HIGH WITH A 1" STROKE FOR INDUSTRIAL BUILDINGS. ADDITIONAL NUMBERS SHALL BE REQUIRED WHERE DEEMED

NECESSARY BY THE FIRE MARSHAL, SUCH AS REAR ACCESS DOORS, BUILDING CORNERS, AND ENTRANCES TO COMMERCIAL CENTERS. DIRECTORIES SHALL BE PROVIDED TO IDENTIFY BUILDINGS/ ADDRESSES.

29. ALL GARAGES TO BE PRE-WIRED FOR THE INSTALLATION OF A LEVEL 1 EV CHARGER UPON RESIDENT REQUEST.

30. BICYCLE RACKS TO BE INSTALLED IN 25% OF GARAGES AT INITIAL CONSTRUCTION.

ADDITIONAL RACKS WILL BE ADDED UPON REQUEST.

TYPE IBLDG #1

INDICATES BUILDING TYPE (-R INDICATES REVERSE BUILDING)

INDICATES BUILDING NUMBER
EV
INDICATES ACCESSIBLE PARKING STALL PER DETAIL 9/A1.3

INDICATES TRASH ENCLOSURE
T
ACCESSIBLE PARKING - UNASSIGNED/VISITOR (PER CBC 1109A.5) UNASSIGNED PARKING SPACES6
REQUIRED - 6 x .05 (5%) = .03 STALLS1
PARKING REQUIRED - PER SPA Resolution 21-823 - 9/14/2021 TYPENO. OF UNITS FACTORREQUIRED
TOTAL UNITS2571.80463
EV CHARGING REQUIRED - 463 x .10 (10%) = 46.3 STALLS47

PARKING PROVIDED

TYPEACCESSIBLEVAN

ACCESSIBLESTANDARD TOTAL
GARAGES10133 134
CARPORTS12121 124
OPEN STALL51184 190
PARALLEL0088
LEASING0156
TOTAL PROVIDED74451 462
EV CHARGING1092 93
UNASSIGNED EVCS - 1 STALL PER 11B-228.3.2. ALL OTHER EVCS ARE ASSIGNED.

ACCESSIBLE PARKING - RESIDENTIAL (PER CBC 1109A.3) ASSIGNED PARKING (1109A.4) GROUND FLOOR AND ELEVATOR SERVED UNITS TOTAL COVERED DWELLING UNITS57
REQUIRED - 57 DU x .02 (2%) = 1.14 STALLS (2)2
(MINIMUM - 1 OF EACH TYPE REQUIRED)
Carports
* Indicates disabled access stalls with access aisles. See site plan Carport IDType of
Const.

No. of
Stalls
Use/
Occupancy
Type of
Sprinklers
Distance
to Building
Carport
Area (S.F.)
CP-1 VB 4UN/A> 10'648
CP-2 VB6UN/A> 10'972
CP-3 VB 6UN/A> 10'972
CP-4 VB 6UN/A> 10'972
CP-5 VB 6UN/A> 10'972
CP-6 VB6UN/A> 10'972
CP-7 VB 4UN/A> 10'648
CP-8 VB 4UN/A> 10'648
CP-9 VB 4UN/A> 10'648
CP-10 VB 4UN/A> 10'648
CP-11 VB 4UN/A> 10'648
CP-12 VB 4UN/A>10'648
CP-13 VB 6UN/A>10'972
CP-14 VB6UN/A>10'972
CP-15 VB8UN/A>10'1,296
CP-16 VB 8UN/A>10'1,296
CP-17 VB8UN/A>10'1,296
CP-18 VB8UN/A>10'1,296
CP-19VB 4UN/A>10'648
CP-20 VB 4 UN/A>10'648
CP-21 VB 8 UN/A>10'648
CP-22 VB 8 UN/A>10'648

03.11.2022B
B
EXHIBIT "A"

DEVELOPER PROPERTY
PA-1A SITE PLAN

EXHIBIT “B”

DEVELOPER MAINTENANCE AREA
(PA-1A Landscape Plan)

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PA-1A BACKBONELANDSCAPE MAINTENANCE DIAGRAM
FRONTIER COMMUNITIES2851 E. Convention Center Way,Suite 114Ontario, CA 91764Phone: 949.354.8040 VENTANA PA-1ABACKBONEFONTANA, CA
CITRUS AVE.

VENTANA PA-1A ON-SITENOT A PART

DUNCAN CANYON ROAD
LEGENDPA-1A BACKBONE LANDSCAPE SCOPE OF WORKPA-1A BACKBONE LANDSCAPE MAINTENANCE AREANOT A PART OF BACKBONE LANDSCAPE SCOPE OF WORK N 00030601" = 60'
EXHIBIT BDEVELOPER MAINTENANCE AREA(PA-1A LANDSCAPE PLAN)

EXHIBIT “C”

LEGAL DESCRIPTION OF REMAINDER OF THE PROJECT
(Site Overview)

APNs:
0226-075-57-0000
0226-075-58-0000
0226-075-59-0000
0226-075-60-0000
1107-262-06-0000
1107-262-07-0000
1107-262-08-0000
0226-075-46-0000
1107-262-05-0000
1107-262-04-0000

15 - FREEWAY
TURF
TURF

TURFTURF
TURF
TURF
TURF

TURFTURF

TURFTURF
TRACT NO. 20018
DUNCAN CANYON RD.

CITRUS AVENUE
LYTLECREEK RD.

SCE EASEMENT

WVWDEASEMENT
APN1107-262-05
APN1107-262-58APN226-075-46APN1107-262-08APN1107-262-08APN1107-262-07APN1107-262-06APN 1107-262-04 TRACT NO. 20224
APN 1107-262-04
APN226-075-57APN1107-262-59
APN1107-262-60
JOHN PREVITI AVE.

VENTANA OVERALL SITE EXHIBIT
909.581.06762850 Inland Empire Blvd,Ontario, California 91764fuscoe.comSuite B

EXHIBIT C

VENTANA LEGAL DESCRIPTIONS

APN: 0226-075-57

Parcel 1, in the City of Fontana, County of San Bernardino, State of California, as shown on map filed in Book 258, Pages 37-48 of Parcel Maps, in the Office of the County Recorder of said County.

APN: 0226-075-58

Parcel 2, in the City of Fontana, County of San Bernardino, State of California, as shown on map filed in Book 258, Pages 37-48 of Parcel Maps, in the Office of the County Recorder of said County.

APN: 0226-075-59

Parcel 3, in the City of Fontana, County of San Bernardino, State of California, as shown on map filed in Book 258, Pages 37-48 of Parcel Maps, in the Office of the County Recorder of said County.

APN: 0226-075-60

Parcel 4, in the City of Fontana, County of San Bernardino, State of California, as shown on map filed in Book 258, Pages 37-48 of Parcel Maps, in the Office of the County Recorder of said County.

APN: 1107-262-06

The Northwest ¼ of the Northeast ¼ Section 24, Township 1 North, Range 6 West, San Bernardino Meridian, in the City of Fontana, County of San Bernardino, State of California, according to the official plat of said land, approved by the Surveyor General date April 23, 1974.

Excepting therefrom the Northerly 380 feet of the Easterly 330 feet thereof;

Also Excepting therefrom that portion lying Southerly of the most Northerly line of the following described property:

That portion of the Northwest ¼ of the Northeast ¼ of Section 24, Township 1 North, Range 6 West, San Bernardino Meridian, lying within a strip of land 330 feet wide, the sidelines of said strip of land being 230.00 feet Northwesterly and 100.00 feet Southeasterly, measured at right angles respectively from the following described surveyed referenced line:

Beginning at a point in the East line of said Section 24, said point being South 1° 10’ 03” East 751.58 feet, measured along said East line from found 2 inch iron pipe at the Northeast corner of said Section, said point also being North 1° 10’ 03” West 1888.29 feet, measured along said East line from a found “PK” Nail at the East ¼ corner of said Section 24;

Thence South 71º 13' 46" West 5516.12 feet to a point in the West line of said Section, said point being North 0° 50’ 30” West, 173.14 feet, measured along said West line from a found 1 inch iron pipe at the West ¼ corner of said Section 24, said point also being South 0° 50’ 30” East 2468.74 feet, measured along said West line from a found County Surveyor’s monument at the Northwest corner of said Section.

Also Excepting therefrom that portion as described in final order of Condemnation by the State of California, recorded September 10, 1976 in Book 9009 Page 656, Official Record, records of said County, more particularly described as follows:

Beginning at a ¾ inch pipe marking the North ¼ corner of said Section;

Thence along the North line of said Section North 89° 21’ 55” East 985.99 feet to a point on the West line of the Easterly 330 feet of said Northwest ¼ of said Northeast ¼;

Thence along said West line South 0° 45’ 40” East 202.98 feet to a point on a non- tangent curve concave Northwesterly having a radius of 1033 feet;

Thence Southwesterly along said curve from a tangent bearing of South 44º 34' 17" West, through an angle of 21° 28’ 12” a distance 387.09 feet;

Thence South 66° 02’ 29” East 424.08 feet to the beginning of a tangent curve to the left having a radius of 2967 feet;

Thence Southwesterly along said curve, through an angle of 5° 53’ 34”, a distance of 305.15 feet to the West line of said Northeast ¼; Thence along said West line North 1° 11’ 24” West 721.41 feet to the Point of Beginning.

Reserving unto the City of Fontana its rights for street, highway and public utility purposes per that certain Grant Deed recorded on February 8, 2016, Document No. 2016-0049799, Official Records, records of said County.

APN: 1107-262-07

The Northerly 380 feet of the Easterly 330 feet of the Northwest ¼ of the Northeast ¼ of Section 24, Township 1 North, Range 6 West, San Bernardino Meridian, in the City of Fontana, County of San Bernardino, State of California, according to the official plat of said land.

Excepting therefrom that portion described in the deed to the State of California recorded March 17, 1975 in Book 8636, Page 3, Official Records, records of said County.

APN: 1107-262-08

The Northeast 1/4 of the Northeast 1/4 of Section 24, Township 1 North, Range 6 West, San Bernardino Meridian, in the City of Fontana, County of San Bernardino, State of California, according to United States Government Township Plat approved by the Surveyor General, November 13, 1885.

Excepting therefrom all that portion of said Northeast 1/4 lying Southerly of the Northerly line of the property conveyed to Southern Surplus Realty Co., recorded in Book 8285, Page 65, Official Records, records of said County.

APN: 1107-262-04

The North half of the North half of the Southeast quarter of the Northwest quarter, and the North half of the North half of the Southwest quarter of the Northeast quarter of Section 24, Township 1 North, Range 6 West, San Bernardino Base and Meridian, according to United States Government Township plat thereof.

Excepting therefrom that portion of’ land conveyed to Southern Surplus Realty Co., a California Corporation by grant deed recorded August 7, 1973, in Book 8241,

Page 46 ends

Also excepting therefrom that portion of land conveyed to the State of California by grant deed recorded November 13, 1974, in Book 8556 Page 107, Official Records San Bernardino County, California.

Excepting therefrom an undivided 1/2 interest in oil, gas and other hydrocarbons and minerals now or at any time hereafter situate therein and thereunder, without the right by the grantor to enter upon the surface of, in, under or across the same, the subsurface to a depth of 500 feet measured in a vertical direction from the earth surface of said land for the exploration, developing, extracting or removing any oil, gas or other hydrocarbons or minerals found therein, as reserved in the deed from Cucamonga Winery, a Corporation, to Frank Sinatra, recorded May 16, 1956, in Book 3939, Page 504, Official Records.

APN: 1107-262-05

The Northeast 1/4 of the Northwest 1/4 of Section 24, Township 1 North, Range 6 West, San Bernardino Meridian, in the City of Fontana, County of San Bernardino, State of California, according to the Official Plat of said land approved by the Surveyor General.

Except therefrom that portion conveyed to San Bernardino County Flood Control District by Final Order of Condemnation, Case No. 152410, Superior Court of the State of California, recorded July 10, 1972 in Book 7973, Page 492, Official Records.

Also except therefrom that portion lying northwesterly of the southeasterly line of the land conveyed to the State of California, acting by and through the Department of Transportation by Final Order of Condemnation, Case No. 162631, Superior Court of the State of California, recorded July 20, 1976 in Book 8846, Page 698, Official Records

APN: 0226-075-46

Parcel “B”

That portion of the Southeast 1/4 of the Southwest 1/4 of the Southeast 1/4 and a portion of the Southeast 1/4 of the Southeast 1/4, both of Section 13, Township 1 North, Range 6 West, San Bernardino Meridian, according to Government Survey, in the City of Fontana, County of San Bernardino, State of California, further described as follows:

Said portion of the Southeast 1/4 of the Southwest 1/4 of the Southeast 1/4 of Section 13, is described as follows:

The Southeast 1/4 of the Southwest 1/4 of the Southeast 1/4 of said Section 13, excepting therefrom, that portion conveyed to the State of California by deed recorded January 31, 1974 in Book 8359, Page 17, Official Records, described as follows:

Commencing at a 3/4 inch iron pipe marking the South 1/4 corner of said Section 13; thence North 89°21'55" East along the South line of said Section 13, 657.90 feet to the West line of said Southeast 1/4 of the Southwest 1/4 of the Southeast 1/4 and the point of beginning; thence North 00°22'13" East along said West line, 660.00 feet to the North line of said Southeast 1/4 of the Southwest 1/4 of the Southeast 1/4; thence North 89°22'00" East along said North line, 594.97 feet to a point on a non- tangent curve, said curve being concave Southeasterly; with a radius of 2942.00 feet; thence Southwesterly along said curve from a tangent bearing of South 33°55’56" West, 596.43 feet through a central angle of 11°36'56”, to the beginning of a tangent compound curve to the left, with a radius of 50.00 feet; thence Southeasterly along said curve, 92.61 feet through a central angle of 106°07'27", thence South 83°48'27” East, 145.45 feet; thence North 89°21'56" East, 154.46 feet to the East line of said Southeast 1/4 of the Southwest 1/4 of the Southeast 1/4; thence South 00°26'36" West along said East line, 51.49 feet to said South line of Section 13; thence South 89°21'55" West along said South line, 658.09 feet to the true point of beginning.

Also except therefrom, that portion of the Easterly 299.26 feet of the Southerly 100.20 feet of said Southeast 1/4 of the Southwest 1/4 of the Southeast 1/4 as measured from the Southerly line of said Section 13 also being the centerline of Duncan Canyon Road, as conveyed to the City of Fontana for street, highway and public utility purposes by grant deed, recorded June 4, 2010 as Instrument No. concurrent herewith, Official Records.

Also except therefrom, all oil, gas and other hydrocarbon substances below a depth of 500 feet below the surface of said land without the right of surface entry from said land for any purpose.

Said portion of the Southeast 1/4 of the Southeast 1/4 of Section 13 is described as follows:

Beginning at the Southwest corner of the Southeast 1/4 of the Southeast 1/4 of said Section 13, thence North 89°21'55° East along the South line of said Section 13, 420.75 feet; thence North 00°26'36" East parallel with the West line of said Southeast 1/4 of the Southeast 1/4, 206.25 feet, thence South 89°21'55" West parallel with the South line of said Section 13, 72.50 feet; thence North 00°26'36" East parallel with the West line of said Southeast 1/4 of the Southeast 1/4, 159.87 feet; thence South 89°21'55" West parallel with the South line of said Section 13, 348.25 feet to the West line of said Southeast 1/4 of the Southeast 1/4; thence South 00°26'36" West along said West line, 366.12 feet to the point of beginning.

Excepting therefrom, the Southerly 100.20 feet as measured from the Southerly line of said Section 13 also being the centerline of Duncan Canyon Road, as conveyed to the City of Fontana for street, highway and public utility purposes by grant deed, recorded June 4, 2010 as Instrument No. concurrent herewith, Official Records.

END

Fontana City CouncilOctober 8, 2024

Fontana City Council
October 8, 2024