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Attachment No. 2 - Out-Of-Service Contract Agreement

Fontana City Council
October 28, 2025

Document
Attachment No. 2 - Out-Of-Service Contract Agreement
Meeting
October 28, 2025
Body
Fontana City Council
Original file
3.3 MB
Text extracted from the city's file for reading and search. Open the original on fontana.legistar1.com. That file is the official record.

2 OUT-OF-AREA SEWER SERVICE AGREEMENT

This Out -of-Area Sewer Service Agreement (also referred to as “Irrevocable Agreement to Annex”) (this “Agreement ”) is entered into by and between the City of Fontana, a California municipal corporation (“City”) and Jose F. Garcia and Lu cila Garcia, an individual (“Owner”). City and Owner may be individually referred to herein as a “Party.”

RECITALS
A. The Owner is fee title holder of one (1) parcel in the County of San Bernardino, State of California (“County”) with Assessor’s Parcel Number 0233-271-08- 0000 (the “Property”). The Property is located outside the City ’s boundaries but within the City’s sphere of influence, and is more particularly described in Exhibit A , attached hereto and incorporated herein.

B. The Property currently includes one residential structure of approximately 1,028 square feet in size (“Existing Development”). The sewage disposal needs of the Existing Development are presently served by a septic tank system.

C. The County of San Bernardino is requiring that the Existing Development and the connect to a public sewer system to receive sewer service (“Service”).

D. The Owner has requested to connect to the City’s sewer system and receive service for the Existing Development pursuant to subsection (b) of Section No. 56133 of the California Government Code and the policies and procedures of the County of San Bernardino’s Local Agency Formation Commission (“SBLAFCO”).

E. Pursuant to the “ First Amended and Restated Memorandum of Understanding” between the City and the County to provide Service to the Existing Development, the Owner must: 1) comply with the City’s annexation policy, 2) meet all City requirements and pay applicable services fees imposed by the City pursuant to the Fontana Municipal Code and other such policies and regulations in connection with sewer services and 3) pay the required Development Impact Fees (“DIF”) to the City.

F. The City’s annexation policy, attached hereto as Exhibit B and incorporated herein, requires existing landowners to enter into an “Irrevocable Agreement to Annex for Sewer Service” also referred to as “Out-of-Area Service Agreement,” with the City before providing sewer services to the respective landowner’s property.

G. The DIF associated with t his Service is attached hereto as Exhibit C and incorporated herein.

EXHIBIT D
Pre-Annexation Agreement
Estimated
Development Impact Fees
Sewer Connection Charges/LAFCO Fee

Impact Fees Fee Multiplier Fee Amount
1Fire Facilities $431.00 - SFD 0.5 $215.50
Engineering Fees
1Park Development $7,733 - SFD 0.5 $3,866.50
1Storm Drain Fee
(Fontana East) $16,550.00 0.5 $8,275.00
Sewer Deposit $60.24 4 month deposit $240.96
City Sewer
Connection Master
Fee
$1,023.00 per EDU 1 EDU’s3 $1,023.00
City Sewer
Connection Permit $25.00 1 $25.00
2Sanitary Sewage
Facilities Expansion
Fee (Inland Empire
Utilities Agency)
$8,620 Per EDU
Effective 7/1/24

1 EDU’s3 $8,620.00
4LAFCO Fee $650.00 1 $650.00
Total $22,916.96

1 Fees listed are reduced by 50% pursuant to City of Fontana In-fill Ordinance No. 1748 adopted on September 13, 2016. (If applicable)
2 Indicates a pass-through fee collected for other agencies. 3 Equivalent Dwelling Units (EDU’s) have been estimated for the project and will be adjusted at time of plan check for the “Sewer Connection” permit. 4 Subject to LAFCO’s adopted fee resolution.

All Fees shall be due and payable prior to issuance of the “Sewer Construction” permit issued by the Engineering Department and the “Sewer Connection” permit issued by the Building & Safety Division. Additional fees will apply for the permit issuance and inspection. The estimated fee will be collected at the actual rate when the construction permit is issued.

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