Fontana City Council
October 28, 2025

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Regular Agenda
Ord. No. 1976 Reso. No. 2025- 102
Tuesday, October 28, 2025
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
City Council Meeting Regular Agenda October 28, 2025
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 traduccion en Espanol, 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 25- 0617

LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956. 9( d)( 1)
Case: Malko Malko vs. City of Fontana Workers'
Compensation
Claim Number: 231000090

2. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT
TO GOVERNMENT CODE SECTION 54957. 6 City Negotiator:

2 City Council Meeting Regular Agenda October 28, 2025
John Bakhit, Labor Counsel and Matt Ballantyne, City
Manager. Employee Organization: Police Management
Association

3. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT
TO GOVERNMENT CODE SECTION 54957. 6
City Negotiator: Mayor Acquanetta Warren and Mayor Pro
Tern Peter Garcia
Employee Organization( s): City Manager, Unrepresented
CALL TO ORDER/ ROLL CALL:

A. Call To Order/ Roll Call:

INVOCATION/ PLEDGE OF ALLEGIANCE:

A. Invocation/ Pledge of Allegiance:

CEREMONIAL ITEMS:

A. Ceremonial Items
A. Mayor Warren and City Council to recognize Corporal 25- 0625 Kevin Anderson, Officers Aaron Alcala, Cody Chick,
Brandon McCaulley and Anthoniey Rodriguez, Dispatcher II Genevieve Blanco, Dispatcher I Melissa Lucero & Dispatch Call Taker Erika Lopez as September 2025 Employees of
the month.

B. Mayor and City Council to recognize Fontana City Council 25- 0552 Member Jesse Sandoval, San Bernardino County
Supervisor Jesse Armendarez, and FUSD Board President
Adam Perez for their donations to the 2025 Dr. Charles
Koehler Writing and Art Contest.

C. Mayor and City Council to recognize Knights of Columbus 25- 0619 for their donation.

D. Mayor and City Council to proclaim October as National 25- 0618 Homeless Awareness Month.

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

3 City Council Meeting Regular Agenda October 28, 2025
based on the number of speakers who wish to address the Mayor and City Council.

A. Public Communications
CONSENT CALENDAR:

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

Approve Consent Calendar Items as recommended by staff.

A. Approval of Minutes 25- 0614
Approve the minutes of the October 14, 2025, Regular City Council Meeting.

Attachments: Attachment No. 1- City Council Meeting Minutes 10- 14- 2025. docx
B. Adoption of Ordinance No. 1973 ( Second Reading), 25- 0615 approving Master Case No. 25- 0047 and Municipal Code
Amendment No. 25- 0008: Fontana Municipal Code
amendments to Chapter 30 to modify multiple sections of the Zoning and Development Code
Conduct a second reading by title only and adopt Ordinance No. 1973, approving Master Case No. 25- 0047 and Municipal Code Amendment No. 25- 0008 to amend Chapters 26, 30 (Zoning and Development Code) and 33 of the Fontana Municipal Code, including modifications to the restaurant definition and operating standards, temporary use permits for temporary offices, development standards for the R-4 zone and overlay, administrative procedures for administrative site plan and design review entitlements, tentative parcel map and tentative tract map time extensions and curbside delivery for cannabis retail storefronts.

Attachments: Attachment No. 1- Ord 1973. docx
C. Adoption of Ordinance No. 1975 ( Second Reading), 25- 0616 Adoption of the 2025 Edition of the California Building Standards Code and Corresponding Base Model Codes
Conduct a second reading by title only and adopt Ordinance No. 1975, an ordinance of the City of Fontana adding, amending and deleting certain articles, sections and subsections of Chapter 5 of the Code of the City of Fontana, California pertaining to the construction and maintenance of buildings, and the 2025 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, consisting of the California Building Code, Volumes 1 & 2, based on the 2024 International Building Code; the California Plumbing Code, based on the 2024 Uniform Plumbing Code; the California Electrical Code, based on the 2023 National

4 City Council Meeting Regular Agenda October 28, 2025
Electrical Code; the California Mechanical Code, based on the 2024 Uniform Mechanical Code; the California Wildland- Urban Interface Code based on the 2024 International Wildland- Urban Interface Code; the California Existing Building Code, based on the 2024 International Existing Building Code; the California Green Building Standards Code; the California Residential Code, based on the 2025 International Residential Code; and the 2025 Edition of the International Property Maintenance Code.

Attachments: Attachment No. 1 - Ord. 1975. docx
D. Video Management System Replacement 25- 0535

1. Authorize the Purchasing Division to " Piggy -Back" from the Omnia Partners contract (# R250206) for the purchase and implementation of the Verkada Video Management System ( VMS) per Purchasing Policies and Procedure Manual 3. 1.5 ( Cooperative Purchasing Agreement) to replace the City' s existing Hexagon Ocularis system, which has reached end of life and end of support.

2. Approve the purchase from VectorUSA of Rancho Cucamonga, CA in the amount of $ 735, 807. 81.

Attachments: Attachment No. 1- 25- 02 - Executive Summary. pdf Attachment No. 2- Revised Verkada Pricinggpdf
E. Approve Amendment No. 1 to Task Order No. 2 25- 0549 DE-24- 195-SQ) with NV5, Inc. for Plan Check, Map Check, and WQMP Review Services
Approve and authorize the City Manager to execute Amendment No. 1 to Task Order No. 2 ( DE- 24- 195- SQ) with NV5, Inc. in the amount of $ 180, 000, and an amended Task Order total of $ 279, 000 for additional plan check, map check, and WQMP review services.

Attachments: Attachment No. 1- NV5 Task Order # 2. pdf
F. Approve a Rip -Rap Maintenance Easement with Southern 25- 0568 California Edison (" SCE") Company near Sierra Avenue & Coyote Canyon Road ( formerly Lytle Creek Road) for 1-15 Logistics ( Caprock)
Approve and authorize the City Manager to execute the Easement with Southern California Edison ( SCE) Company.

Attachments: Attachment No. 1-
73647A Rip Rap Access Maintenance Easement Legal
Plat. pdf
Attachment No. 2- Rip - Rap Easement Location. docx
G. Authorization to Donate Computer Equipment to the 25- 0571

5 City Council Meeting Regular Agenda October 28, 2025
Affordable Housing - Paseo Verde Apartments Community
Computer Lab
Adopt Resolution No. 2025- 102, authorizing the donation of surplus computer equipment - ten ( 10) desktop computers and ten ( 10) monitors - to the community computer lab at the Affordable Housing - Paseo Verde Apartments and authorizing the City Manager or designee to execute any documents necessary to complete the transfer.

Attachments: Attachment No. 1- Resolution - 2025 - Authorization to Donate Computer Equipment to the Affordable Housing -
Paseo Verde Apartments Community Computer Lab. docx
H. Award Bid for Ralph M. Lewis Sports Park Artificial Turf 25- 0572 Installation for Fields 1 & 2 ( PW- 26- 36- SB)
Award bid and authorize the City Manager to execute a construction contract with FieldTurf Inc, USA for Ralph M. Lewis Sports Park Artificial Turf Installation for Fields 1 & 2 in the amount of $ 423, 613. 86 and authorize a 10% contingency in the amount of $ 42, 362. 00 ( PW- 26- 36 SB).

2. Authorize the City Manager to execute any related items on the behalf of the City of Fontana for Ralph M. Lewis Sports Park Artificial Turf Installation for Fields 1 & 2 ( PW- 26- 36- SB).

Attachments: Attachment No. 1- Summary Bid Results. pdf Attachment No. 2- Project Report. pdf
I. Purchase and Sale Agreement- Fontana Motor Lodge 25- 0584

1. Approve a Purchase & Sale Agreement for the purchase of building and associated land located at 16390 Foothill Boulevard, Fontana, CA 92335 specifically described as APN' s 0190- 081- 36 and 0190- 081- 37 in the amount of $ 7,500, 000 plus escrow costs and related acquisition fees.

2. Authorize the purchase of that certain Real Property specifically described as APN' s 0190- 081- 36 and 0190- 081- 37 comprised of approximately 2.3 acres (" Property") from Ramesh and Radha Patel Revocable Living Trust.

3. Authorize the City Manager to execute the Purchase and Sale Agreement and any other documents necessary or appropriate to facilitate said purchase on behalf of the City of Fontana.

Attachments: Attachment No. 1- Draft Purchase Agreement- Fontana Motor Lodge- c1. docx
J. Purchase and Sale Agreement- 16565 Orange Way 25- 0586

1. Approve a Purchase & Sale Agreement for the purchase of buildings and associated land located at 16565 Orange Way, Fontana CA 92335

6 City Council Meeting Regular Agenda October 28, 2025
specifically described as APN 0191- 251- 25 in the amount of $ 2, 800, 000 plus escrow costs and related acquisition fees.

2. Authorize the purchase of that certain Real Property with APN 0191- 251- 25 compromised of approximately 0.68-acre parcel with a 16,000 square foot building (" Property") from Fontana Orange, LLC, a California Limited Liability Company.

3. Authorize the City Manager to enter into the Purchase and Sale Agreement and/ or any other documents necessary or appropriate to facilitate said purchase on behalf of the City of Fontana.

Attachments: Attachment No. 1- PSA 16565 Orange Way SIGNED. Pdf K. Approve a Contract with Active Education for the Soccer & 25- 0591 Multi - Sports Program to be delivered at Fontana Expanded Learning Program.

1. Approve the Non -Competitive Proposal purchase under the Purchasing Policies 3. 1. 5 for Single Source/ Sole Source method.

2. Approve a contract with Active Education to provide and deliver the Soccer & Multi -Sports Program for the Fontana Expanded Learning Program at elementary and middle school sites.

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

Attachments: Attachment No. 1- Active Education.

L. Approve a Contract with TA Mentoring Services LLC for the 25- 0592 Noble Youth Program to be delivered at Fontana Expanded Learning Program school sites.

1. Approve the Non -Competitive Proposal purchase under the Purchasing Policies 3. 1. 5 for Single Source/ Sole Source method.

2. Approve a contract with TA Mentoring Services LLC to provide and deliver the Noble Youth Leadership Program to the Fontana Expanded Learning Program' s 6th through 8th grade participants.

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

Attachments: Attachment No. 1- Noble Youth. odf
M. Approve a Contract with EBK & Company LLC to provide 25- 0593 the US Engineering League, Mechanical

7 City Council Meeting Regular Agenda October 28, 2025
Engineering/ Robotics Club for the Fontana Expanded
Learning Program' s Middle School sites.

1. Approve the Non -Competitive Proposal purchase under the Purchasing Policies 3. 1. 5 for Single Source/ Sole Source method.

2. Approve a contract with EBK & Company LLC to provide and deliver the US Engineering League, Mechanical Engineering/ Robotics Club for the Fontana Expanded Learning Program at ASES/ ELO- P Funded Middle School sites.

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

Attachments: Attachment No. 1- USEL. pdf
N. Approve a Contract with Bestwenty4 Studios LLC for the 25- 0594 Season of Success Program for the Fontana Expanded
Learning Program.

1. Approve the Non -Competitive Proposal purchase under the Purchasing Policies 3. 1. 5 for Single Source/ Sole Source method.

2. Approve a contract with Bestwenty4 Studios LLC to provide and deliver the Season of Success program for the Fontana Expanded Learning Program' s participants.

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

Attachments: Attachment No. 1- Bestwenty4 Studios. pdf
O. Final Acceptance for the Construction of the San Sevaine 25- 0595 Trail Phase 1, Segment 2 Project ( Bid No. SB- 109- DE- 23) Accept as complete the work performed by H&H General Contractors, Inc. for the construction of the San Sevaine Trail Phase 1, Segment 2 Project 37603345).

Attachments: Attachment 1-Vicinity Map
P. Approve Final Change Order with CT& T Concrete Paving, 25- 0598 Inc. and Final Acceptance of the City Sidewalk
Reconstruction # 2 Project ( Bid No. DE- 25- 56- SB)

1. Authorize City Manager to approve Change Order # 2 with CT& T Concrete Paving, Inc. in the amount of $ 227, 822. 46 for the additional concrete work added for the City Sidewalk Reconstruction 42 Project ( Bid No. DE-25- 56 SB).

0 City Council Meeting Regular Agenda October 28, 2025

2. Accept as complete the work performed by CT& T Concrete Paving, Inc. for the City Sidewalk Reconstruction # 2 Project ( Bid No. DE- 25- 56- SB).

Attachments: Attachment No. 1- Sidewalk Reconstruction No. 2 CCO No. 2 ( Final Qtys). pdf
Attachment No. 2- Sidewalk Proiect # 2 Grid MaD. Ddf
Q. Approve Final Change Order with LCR Earthwork & 25- 0600 Engineering, Corp. and Final Acceptance for the Village of Heritage North, South, and West Pavement Rehabilitation Project ( Bid No. SB- 153- DE- 23)
Authorize the City Manager to approve Change Order # 2 with LCR Earthwork & Engineering, Corp. in the amount of $ 130, 609. 28 for the additional asphalt and concrete work added for the Village of Heritage North, South, and West Pavement Rehabilitation Project ( Bid No. SB- 153 DE- 23).

2. Accept as complete the work performed by LCR Earthwork & Engineering, Corp. for the Village of Heritage North, South, and West Pavement Rehabilitation Project ( Bid No. SB- 153- DE- 23).

Attachments: Attachment No. 1- VoH Project Map. pdf
R. Final Acceptance of Backstop Replacements at Chaparral 25- 0602 Park, Southridge Park, and Veteran' s Park Project
SB- 85- PW- 23)
Accept as complete the work performed by NR Development Inc. for the Backstop Replacements at Chaparral Park, Southridge Park, and Veteran' s Park Project ( SB- 85- PW- 23).

S. Final Acceptance of Installation of Shade Structures at 25- 0603 Various Parks Project ( SB- 106- PW- 23)
Accept as complete the work performed by NR Development Inc. for the Installation of Shade Structure at Various Parks Project ( SB- 106- PW- 23).

T. Final Acceptance of ADA / Inclusive Interactive Playground 25- 0604 Replacement Project ( SB- 122- PW- 23)
Accept as complete the work performed by Ortco Inc. for the ADA / Inclusive Interactive Playground Replacement Project ( SB- 122- PW- 23).

U. Police Department Monthly Information Update 25- 0606 Accept the Police Department monthly information update for August 2025.

Attachments: Attachment No. 1- Auqust 2025 Report for City Council Rev2. pptx

0 City Council Meeting Regular Agenda October 28, 2025
V. Purchase of 800 MHz Radios and Accessories for the 25- 0610 Police Dispatch Center

1. Authorize the Purchasing Division to " Piggy -Back" from the Sourcewell contract 042021 for the purchase of the Motorola 800 MHz radios, software, and related accessories per Purchasing Policies and Procedure Manual 3. 1. 5 ( Cooperative Purchasing Agreement) for the Police Dispatch Center.

2. Approve the purchase from Motorola Solutions in the amount of 125, 693. 53.

Attachments: Attachment No. 1- Sourcewell - Motorola Contract Extension 0402021. pdf
Attachment No. 2- Motorola Quote 3298130. Ddf
W. Fontana Police CAD/ RMS System Selection Consultant 25- 0611 Services Funding Request

1. Approve an appropriation in the amount of $ 200, 000. 00 from the Federal Asset Seizure Fund # 223.

2. Authorize the Purchasing Department to proceed with collecting bids for the CAD/ RMS System Selection Consultant Services.

Attachments: Attachment No. 1- RFP CAD RMS Consultant. pdf X. American Rescue Plan Act Expenditure Plan Quarterly 25- 0620 Report
Receive and file the American Rescue Plan Act ( ARPA) Expenditure Plan quarterly report.

Attachments: Attachment No. 1- . pdf
Attachment No. 2- . pdf
Y. Accept Donation from County Supervisor Jesse 25- 0623 Armendarez ( 2025 Veteran' s Day Celebration)
Accept donation from County Supervisor Jesse Armendarez in the amount of 1,000 for use towards the 2025 Veteran' s Day Celebration.

Attachments: Attachment No. 1- County Supervisor Jesse Armendarez 2025 Veteran' s Day Celebration). pdf
Z. Accept Donation from Adam Perez ( 2025 Veteran' s Day 25- 0624 Celebration)
Accept donation from Adam Perez in the amount of $ 1, 000 for use towards the 2025 Veteran' s Day Celebration.

10 City Council Meeting Regular Agenda October 28, 2025 Attachments: Attachment No. 1- Adam Perez ( 2025 Veteran' s Darr Celebration). pdf
AA. Out - Of - Area Sewer Service Agreement ( ANX No. 24- 0001), 25- 0629 between the City of Fontana and Jose Felix Garcia, for the sewer service provided by the City of Fontana to 9266
Poplar Avenue ( APN: 0233- 271- 08), pursuant to a Statutory Exemption in accordance with CEQA Guidelines Section
No 15268( b)( 4).

1. Find that the project is Exempt pursuant to Section No. 15268( b)( 4) Ministerial Project, Utility Connection) of the California Environmental Quality Act ( CEQA) and, direct staff to file a Notice of Exemption; and,

2. Approve and authorize the City Manager to execute an Out -Of- Area Sewer Service Agreement ( ANX No. 24- 0001) with Jose Felix Garcia, for the provision of sewer service to an existing single- family residence located at 9266 Poplar Avenue, within the Western Sphere of influence of the City of Fontana.

Attachments: Attachment No. 1 - Vicinity Map
Attachment No. 2 - Out - Of - Service Contract Agreement Attachment No. 3 - Notice of Exemption
AB. Second amendment to the letter of agreement between the 25- 0631 Fontana Historical Society and the City of Fontana.

Approve second amendment to the letter of agreement between the Fontana Historical Society and the City of Fontana.

Attachments: Attachment No. 1- 2nd Amendment to Agreement. docx AC. Resolution of the City Council of The City of Fontana, 25- 0632 California, approving an amendment to the agreement for services between The City of Fontana and AMPAC
Business Capital
City Council adopt Resolution No. 2025- 103, approving the Amendment to the Agreement for Services Between the City of Fontana and AmPac Tri- State CDC doing business as Ampac Business Capital

11 City Council Meeting Regular Agenda October 28, 2025 Attachments: Attachment No. 1- Reso. Amendment to Agreement with Am Pac- c1. pdf
Attachment No. 2- AMPAC Amend ment- c1. odf
Attachment No. 3- AmPac City of Fontana Empowerment
RLF Program Loan Documents Table of Contents- c1.pdf
Attachment No. 4- Business Loan Agreement Template -
Empowerment RLF Program- c1. pdf
Attachment No. 5- Promissory Note Template- Fontana
Empowerment RLF Program- c1. pdf
Attachment No. 6- W OG - Security Agreement W O
Guarantor Template- c1. pdf
Attachment No. 7- Ent- Unconditional Guarantee by Entity Template- Empowerment RLF Program- c1. pdf
Attachment No. 8- Disbursement Request and Authorization Template- c1. pdf
Attachment No. 09- Autho Agreement for Pre - Authorization Payment Form Template ( ACH Debit)- c1.pdf
Attachment No. 10- IRS Form W- 9 Template rev March
2024- c1. pdf
Attachment No. 11- Advertising Marketing Release Form
Template- Emp RLF- c1. pdf
Attachment No. 12- Certification of Identity Template- c1. pdf Attachment No. 13-
AD. Memorandum of Understanding between the County of San 25- 0634 Bernardino, the City of Fontana, and participating cities for the property located at 11109 Jasmine Street.

1. Approve the Memorandum of Understanding ( MOU) between the City of Fontana, the County of San Bernardino, and the cities of Chino, Chino Hills, Fontana, Montclair, Ontario, Rancho Cucamonga, Rialto, and Upland for the operation of the West End Navigation Center for a term of ten ( 10) years from the effective date, at an initial annual cost of 1,000, 000 to the City of Fontana.

2. Authorize the City Manager, or designee, to execute the MOU and related documents necessary to implement participation.

Attachments: Attachment No. 1 - Multi - Agency MOU - Regional Navigation Center FINAL. pdf
PUBLIC HEARINGS:

To speak on Public Hearing Items, submit comments via e- mail at publiccomments@fontanaca. gov. 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

12 City Council Meeting Regular Agenda October 28, 2025 concerning a Public Hearing item, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City at, or prior to, the Public Hearing.

All Public Hearings will be conducted following this format:
a) hearing opened ( e) oral - favor
b) written communication ( f) oral - opposition
c) council/ staff comments ( g) hearing closed
d) applicant comments ( applicant not limited to 5 minutes) A. Appeal No. 25- 0002: Request to overturn the Planning 25- 0529 Commission' s August 19, 2025 decision adopting a
Categorical Exemption per Section 15332 ( Class No. 32) and approving Conditional Use Permit No. 24- 0022, and
Design Review No. 23- 0024 for the development of a mixed use project ( 163 multi - family units and 5,000 square feet of commercial retail) within the R-5 zoning district that
includes a five -story 83, 125 square foot mixed - use building and associate improvements, on a 3. 5 acre site located on the northeast corner of Foothill Boulevard and Sultana
Avenue and identified as Assessor Parcel Numbers
11110- 331- 13 and 1110- 331- 25.

Deny Appeal No. 25- 0002, thereby upholding the Planning Commission' s decision on August 19, 2025, approving, pursuant to a categorical exemption under California Environmental Quality Act ( CEQA) Section No. 15332 ( Class No. 32. Infill Development), Conditional Use Permit No. 24- 0022 and Design Review No. 23- 0024 for the development of a five -story mixed -use project including 163 multi -family units and 5,000 square feet of commercial retail within the R-5 zoning district and for the site and architectural review of a five -story 83, 125 square foot mixed -use building and associated improvements on a 3. 5 acre site located on the northeast corner of Foothill Boulevard and Sultana Avenue ( APN Nos.: 1110- 331- 13 and 1110- 331- 25).

Attachments: Attachment No. 1 - Vicinity Map
Attachment No. 2 - Appellant Letter
Attachment No. 3 - Response to SAFER Comment Letters
Attachment No. 4 - Planning Commission Package
Attachment No. 5 - Planning Commission Minutes of August 192025
Attachment No. 6 - Clerk of the Board Filing Receipt for MCN23- 010
Attachment No. 7 - Public Hearing Notice

13 City Council Meeting Regular Agenda October 28, 2025 NEW BUSINESS:

A. New Business
A. Fiscal Year 2025- 26 First Quarter Budget Status Report 25- 0565 Approve the recommended Fiscal Year 2025- 26 First Quarter Budget adjustments.

Attachments: FY25- 26 First Quarter Budget Status Report. pdf 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 December 9, 2025 at 2:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.

14 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25- 0617 Agenda Date: 10/ 28/ 2025
Agenda #: A. Category: Closed Session
Closed Session
Tuesday, October 28, 2025
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 10/ 23/ 2025
p , ver d by u,js i m "
15 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25- 0625 Agenda Date: 10/ 28/ 2025
Agenda #: A. Category: Special Presentation
Ceremonial Items
Tuesday, October 28, 2025
2: 00 P. M.

Grover W. Taylor Council Chambers
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus " Jesse" Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Page 1 of 1 Printed on 10/ 22/ 2025
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25- 0552 Agenda Date: 10/ 28/ 2025
Agenda #: B. Category: Special Presentation
Ceremonial Items
Tuesday, October 28, 2025
2: 00 P. M.

Grover W. Taylor Council Chambers
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus " Jesse" Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Page 1 of 1 Printed on 10/ 22/ 2025
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25- 0619 Agenda Date: 10/ 28/ 2025
Agenda #: C. Category: Special Presentation
Ceremonial Items
Tuesday, October 28, 2025
2: 00 P. M.

Grover W. Taylor Council Chambers
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus " Jesse" Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Page 1 of 1 Printed on 10/ 22/ 2025
p , ver d by u,js i m "
18 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25- 0618 Agenda Date: 10/ 28/ 2025
Agenda #: D. Category: Special Presentation
Ceremonial Items
Tuesday, October 28, 2025
2: 00 P. M.

Grover W. Taylor Council Chambers
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus " Jesse" Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Page 1 of 1 Printed on 10/ 22/ 2025
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25- 0614 Agenda Date: 10/ 28/ 2025
Agenda #: A. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Approval of Minutes
RECOMMENDATION:

Approve the minutes of the October 14, 2025, 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 October 14, 2025, 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 10/ 22/ 2025
p , ver d by u,,,;a^ im "^
20 City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Minutes
Tuesday, October 14, 2025
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

21 WORKSHOP:

A. 12: 00 P.M. City Council Workshop
PUBLIC COMMUNICATION - CLOSED SESSION:

The Workshop of the Fontana City Council was held on Tuesday, October 14, 2025, in the Grover W. Taylor Council Chambers, 8353 Sierra Avenue, Fontana, CA 92335. Mayor Warren called the Workshop to order at 12:04 p.m. with all members of the City Council present except for Council Member Cothran.

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

A. Goals Presentations
Deputy City Manager, Ray Ebert provided the City Council with an update on priority goals identified during the February 2025 goal setting session.

CLOSED SESSION:

A. 12: 30 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, October 14, 2025.

Mayor Warren called the meeting to order at 12:30 p.m. with all members of the City Council present except for Council Member Cothran.

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

PUBLIC COMMUNICATION - CLOSED SESSION:

There were no public communications received for the following items:

1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956. 9 ( a)
Case: Inland Coalition for Immigrant Justice v. City of Fontana

2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956. 9 ( a)
Case: Acevedo III, Constantino J. vs. City of Fontana; Civil Action No. 5:23- cv-01923- JGB SHKx)

3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956. 9 ( a)
Case: Alford, Diane vs. City of Fontana; Case No. CIVSB2401102

22 4. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957. 6 City Negotiator: John Bakhit, Labor Counsel and Matt Ballantyne, City Manager. Employee Organization: Police Management Association 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, October 14, 2025.

Mayor Warren called the Regular City Council Meeting to order at 2:04 p.m.

ROLL CALL:

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

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

ABSENT: Council Member Cothran
INVOCATION/ PLEDGE OF ALLEGIANCE:

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

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.

CEREMONIAL ITEMS/ PRESENTATIONS:

A. Mayor Warren and City Council to recognize, Jose Luis Ruiz, CEO of La Carniceria.

Mayor Warren and the City Council recognized, Jose Luis Ruiz, CEO of La Carniceria.

B. Mayor Warren and City Council to proclaim Code Compliance Week and recognize Code Compliance Employee of the Year.

Mayor Warren and City Council proclaimed the second week of October as Code Compliance Week, and Code Compliance Manager Sandra Pelayo presented the Employee of the Year Award to Code Compliance Supervisor, Jason Barber.

23 C. Mayor Warren and City Council to proclaim October as National Community Planning Month and recognize Planning' s Employee of the Year.

Mayor Warren and City Council proclaimed October 2025 as National Community Planning Month. Planning Commission Chair, Idilio Sanchez accepted the proclamation and Director of Planning Patty Nevins presented the Employee of the Year Award to Assistant Planner, Mai Thao.

PUBLIC COMMUNICATIONS:

The following individuals spoke under public communications:

Ada spoke as a concerned parent and grandparent regarding student safety at Fontana schools.

Requested equitable funding for emergency lanyards, security cameras, radios, and secured gates across all campuses. Urged the City and Fontana Unified School District to prioritize safety for all students.

Grace represented 264 parents and residents requesting immediate traffic safety improvements at Mango Avenue and Wabash Avenue near Mango Elementary School. Cited ongoing speeding and unsafe crossings. Requested the City conduct a formal traffic study and install permanent safety measures.

Deborah Hall Lindsay, representative from Community Baptist Church announced upcoming community events: a free Voter Empowerment Education Workshop on October 18, 2025, and a concert featuring the African Youth Choir on October 24, 2025, at Community Baptist Church.

Encouraged community participation and voter education.

Richard Granados, Kiwanis Club of Fontana announced the Kiwanis Club' s 4th Annual Mental Health Awareness Conference to be held October 18, 2025, at the Steelworkers' Auditorium.

Highlighted the Club' s ongoing commitment to youth programs and mental health education in partnership with local organizations and public safety departments.

Melanie Smith Austin introduced herself as a Doctor of Social Work candidate at California Baptist University studying faith -based collaboration in community services. Requested input from the City regarding strategies for effectively engaging faith -based organizations in social support initiatives.

Mark Nuaimi, Water of Life Community Church commended the City for progress on its Homeless Solutions Action Plan and collaborative partnerships addressing homelessness.

Reported outcomes from Water of Life' s transitional housing program, noting 29 families served and an 86% transition rate to permanent housing. Shared plans for additional transitional housing development.

24 CONSENT CALENDAR:

ACTION: Motion was made by Council Member Roberts, seconded by Council Member Sandoval, and passed by a vote of 4-0 to approve Consent Calendar Items " A- Q." The motion carried by the following vote: AYES: Warren, Garcia, Roberts and Sandoval; NOES: None; ABSTAIN: None; ABSENT: Cothran
A. Approval of Minutes 25- 0560
Approve the minutes of the September 23, 2025, Regular City Council Meeting.

B. Prohousing Designation Program Reapplication 25- 0468

1. Adopt Resolution No. 2025- 094, a Resolution of the City Council of the City of Fontana authorizing re -application to, and participation in, the Prohousing Designation Program.

2. Authorize the City Manager to execute any documents necessary or appropriate as required for re -application to and participation in the program.

C. Acceptance of Final Map for Parcel Map No. 20669 and 25- 0505 Abandonment of a Certain Portion of an Easement for Sewer and Drainage

1. Accept Parcel Map No. 20669, located at the southwest corner of Valley Boulevard Avenue and Juniper Avenue, north of Washington Drive.

2. Accept as public dedicated streets and easements associated with the map.

3. Authorize the Mayor and City Clerk to certify the abandonment of a certain portion of an easement for sewer and drainage.

D. 2026 Selective Traffic Enforcement Program Grant Award 25- 0506

1. Accept the 2026 State of California Office of Traffic Safety ( OTS) Selective Traffic Enforcement Program ( STEP) Grant, number PT26030 in the amount of $ 335, 000.

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

E. Annual Placement of Weed Abatement Charges on the 25- 0513 Property Tax Rolls
Adopt Resolution No. 2025- 095, to replace and repeal Resolution No. 2025- 041 of the City Council of the City of Fontana, California, directing the placement of weed abatement charges on the property tax bills for collection.

25 F. Annual Placement of Nuisance Abatement Charges on the 25- 0514 Property Tax Rolls
Adopt Resolution No. 2025- 096, of the City Council of the City of Fontana, California, directing the placement of Nuisance abatement charges on the property tax bills for collection for FY2025/ 2026.

G. 2024 Homeland Security Grant Program ( HSGP) 25- 0531 Accept the 2024 Homeland Security Grant Program subrecipient award in the amount $ 57,927 from the Office of Homeland Security.

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

H. Award a Contract for Fire Station 77 Restroom Remodel Project 25- 0532 PW- 26- 02- SB)
Award and Authorize the City Manager to execute a contract with MCO Development Inc. of Irvine, CA in the amount of $ 392, 000. 00 for the Fire Station 77 Restroom Remodel and authorize a contingency ( 10%) in the amount of $ 39, 200. 00.

Final Acceptance of Perimeter Street and Sewer Improvements 25- 0534 for Tract No. 20382 and Perimeter Street Improvements for Tract No. 20397

1. Accept as complete the perimeter street and sewer improvements for Tract No. 20382 along Foothill Boulevard, and perimeter street improvements for Tract No. 20397 along Banana Avenue.

2. Adopt Resolution No. 2025- 097, accepting sewers in Tract No. 20382 as part of the City sewer system.

J. Approve Invoice from the City of Rancho Cucamonga for Right 25- 0543 of Way Services Related to the San Sevaine Trail Phase 1, Segment 2 Project
Authorize the City Manager to approve Invoice CINV- 001415 from the City of Rancho Cucamonga for Right of Way Services related to the San Sevaine Trail Phase 1, Segment 2 Project.

K. Award a Construction Contract for the Bus Pad ( Transit Stop 25- 0545 Improvements) TDA 2023 Project ( DE- 25- 182- CC)

1. Award bid and authorize City Manager to execute construction contract with Gentry General Engineering, Inc. for the construction of the Bus Pad Transit Stop Improvements) TDA 2023 Project ( Bid No. DE-25- 182-CC)

rZ
in the amount of $ 99, 346. 80 and authorize a 10% contingency in the amount of $ 9, 934. 68 ( Bid No. DE- 25- 182- CC).

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 Bus Pad ( Transit Stop Improvements) TDA 2023 Project ( Bid No. DE- 25- 182- CC).

3. Appropriate $ 40, 000. 00 from Measure I, Local Fund ( Fund 246) to Project 37600069, Bus Pad ( Transit Stop Improvements) TDA 2023 Project.

L. Authorize the Renewal of Managed Print Services Agreement 25- 0547 with HP Inc. for Citywide Printing, Maintenance, and Repair Services

1. Approve and authorize the City Manager to execute a contract of the City' s Managed Print Services Agreement with HP Inc., under the NASPO ValuePoint Master Agreement and California Participating Addendum, to maintain the established fixed- rate structure.

2. Authorize the City Manager to execute any future amendments to the Managed Print Services Agreement, as needed, during the renewal period.

M. Final Acceptance of the Courtplace Housing Development 25- 0563 Infrastructure Improvements) Project ( DE- 24- 124- SB) Accept as complete the work performed by Weka, Inc. for the construction of the Courtplace Housing Development ( Infrastructure Improvements) Project DE- 24- 124- SB).

N. Adoption of Homeless Solutions Action Plan Update 25- 0563 Adopt Resolution No. 2025- 098, Homelessness Solutions Action Plan Update and direct staff to implement strategies laid out in plan.

0. Approve Second Contract Change Order for Reconstructing 25- 0577 Two Curb Ramps located at the Northeast and Southeast
Corners for the Construction of Traffic Signal at Duncan Canyon Road/ Citrus Avenue, as part of the Reimbursement Agreement with HDO4, LLC
Approve second contract change order for reconstructing two curb ramps located at the northeast and southeast corners for the construction of traffic signal at Duncan Canyon Road/ Citrus Avenue, as part of the Reimbursement Agreement with HDO4, LLC.

2. Approve appropriation and allocate the amount of $ 3, 901. 14 from Fund 604 - Measure T.

27 P. Purchase and Sale Agreement- 16641 & 16643 Orange Way 25- 0585

1. Approve a Purchase & Sale Agreement for the purchase of buildings and associated land located at 16641 & 16643 Orange Fontana, CA 92335 specifically described as APN 0191- 251- 21 & 0191- 251- 06 in the amount of $ 7,500, 000 plus escrow costs and related acquisition fees.

2. Authorize the purchase of that certain Real Property with APN 0191- 251- 21 & 0191- 251- 06 comprised of approximately 34,000 sq. ft. on two parcels of land totaling approx. 67,691 sq. ft (" Property") from Landexcorp, LLC, A California Limited Liability Company.

3. Authorize the City Manager to enter into the Purchase and Sale Agreement and/ or any other documents necessary or appropriate to facilitate said purchase on behalf of the City of Fontana.

Q. Resolution of the City Council of the City Of Fontana, California 25- 0590 Approving a Second Amendment to the First Amended and
Restated Billboard Relocation Agreement Between the City Of Fontana and Lamar Central Outdoor LLC to Update Certain Relocated Sign Locations
City Council adopt Resolution No. 2025- 099, approving the Second Amendment to the First Amended and Restated Billboard Relocation Agreement with Lamar Central Outdoor, LLC, to update the locations for Location 2 and Location 4, and authorizing the City Manager to execute all necessary documents to effectuate this amendment.

PUBLIC HEARINGS:

A. Master Case No. 25- 0047 and Municipal Code Amendment No. 25- 0441 25- 0008: Fontana Municipal Code amendments to Chapter 30 to modify multiple sections of the Zoning and Development Code, including modifications to the definition of and operating standards for restaurants, allowance for certain temporary buildings during commercial reconstruction or remodeling, development standards for the Multi - Family Medium/ High Density Residential ( R-4) zone, administrative procedures pertaining to administrative site plan and design review entitlements; modification to Chapter 26 pertaining to time extensions for tentative maps; and modification to Chapter 33 to provide additional delivery standards for cannabis retail storefront businesses, pursuant to a categorical exemption in accordance with CEQA Guidelines Sections 15060( C),
15061( B)( 3) and Section 15378.

Determine that this Ordinance is not a project pursuant to Sections 15060( C), 15061( B)( 3) and 15378 of the State of California Environmental

Quality Act ( CEQA) Guidelines, Section No. 3.22 and 3.04 of the 2019 Local Guideline for Implementing CEQA, because it does not have potential for resulting in physical change in the environment, directly or indirectly, and it can be determined with certainty that there is no possibility that the activity in question may have significant effect on the environment and is therefore not subject to CEQA; and

2. Read by title only and waive further reading of and introduce Ordinance No. 1973, an Ordinance of the City Council of the City of Fontana approving Master Case No. 25-0047 and Municipal Code Amendment No. 25- 0008 to amend Chapters 26, 30 (Zoning and Development Code) and 33 of the Fontana Municipal Code, including modifications to the restaurant definition and operating standards, temporary use permits for temporary offices, development standards for the R-4 zone and overlay, administrative procedures for administrative site plan and design review entitlements, tentative parcel map and tentative tract map time extensions and curbside delivery for cannabis retail storefronts; and the reading of the title constitutes the first thereof.

Mayor Warren opened the public hearing.

City Clerk Key stated that no written communications were received.

Associate Planner, Cecily Session- Goins 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 Mayor Pro Tern Garcia, and passed by a vote of 4-0 to approve Public Hearing Item " A." The motion carried by the following vote: AYES: Warren, Garcia, Roberts, and Sandoval; NOES:

None; ABSTAIN: None; ABSENT: Cothran
B. Quarterly Lien Action for Delinquent Sewer, Solid Waste and 25- 0511 Weed Abatement Accounts
Authorize staff to complete and record lien against real property for those sewer accounts sixty days or more delinquent, solid waste accounts more than ninety days delinquent, and for properties with delinquent weed abatement charges outstanding as described in attached resolutions and written reports and to direct staff to file for the recording of liens for such properties.

2. Adopt Resolution No. 2025- 100, of the City Council of the City of Fontana authorizing the collection of certain annual wastewater and solid waste service charges, including delinquent charges for each service, on the County property tax rolls and determining and record liens against current delinquent parcels.

3. Adopt Resolution No. 2025- 101 of the City Council of the City of Fontana adopting the statement of unpaid expenses for weed abatement and imposing a lien against real property for payment thereof.

Mayor Warren opened the public hearing.

City Clerk Key stated that no written communications were received.

Chief Financial Officer, Jessica Brown provided the staff report.

Council Member Sandoval inquired about the collection process for delinquent accounts. Staff explained that delinquent accounts are first placed as liens, and if not paid by July 1, they are then added to the property tax roll.

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

ACTION: Motion was made by Mayor Pro Tern Garcia, seconded by Council Member Roberts, and passed by a vote of 4-0 to approve Public Hearing Item " B." The motion carried by the following vote: AYES: Warren, Garcia, Roberts, and Sandoval; NOES:

None; ABSTAIN: None; ABSENT: Cothran
C. Adoption of the 2025 Edition of the California Building 25- 0556 Code and Corresponding Base Model Codes
Determine that the adoption of the ordinance of the City of Fontana adding, amending and deleting certain articles, sections and subsections of Chapter 5 of the Code of the City of Fontana, California pertaining to the construction and maintenance of buildings, and adopting the 2025 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, consisting of the California Building Code, Volumes 1 & 2, based on the 2024 International Building Code; the California Plumbing Code, based on the 2024 Uniform Plumbing Code; the California Electrical Code, based on the 2023 National Electrical Code; the California Mechanical Code, based on the 2024 Uniform Mechanical Code; the California Wildland- Urban Interface Code based on the 2024 International Wildland- Urban Interface Code; the California Existing Building Code, based on the 2024 International Existing Building Code; the California Green Building Standards Code; the California Residential Code, based on the 2024 International Residential Code; and the 2024 Edition of the International Property Maintenance Code is exempt from further environmental review under Section 15061( b)( 3) of the State CEQA guidelines, projects with no possibility of significant effects upon the environment, and direct staff to file a notice of exemption.

RT11

2. Waive further reading of and introduce Ordinance No. 1975, an ordinance of the City of Fontana adding, amending and deleting certain articles, sections and subsections of Chapter 5 of the Code of the City of Fontana, California pertaining to the construction and maintenance of buildings, and the 2025 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, consisting of the California Building Code, Volumes 1 & 2, based on the 2024 International Building Code; the California Plumbing Code, based on the 2024 Uniform Plumbing Code; the California Electrical Code, based on the 2023 National Electrical Code; the California Mechanical Code, based on the 2024 Uniform Mechanical Code; the California Wildland- Urban Interface Code based on the 2024 International Wildland- Urban Interface Code; the California Existing Building Code, based on the 2024 International Existing Building Code; the California Green Building Standards Code; the California Residential Code, based on the 2025 International Residential Code; and the 2025 Edition of the International Property Maintenance Code: and that the reading of the title constitutes the first reading thereof.

Mayor Warren opened the public hearing.

City Clerk Key stated that no written communications were received.

Permit Supervisor, Ultima Andrews provided the staff report.

Council Member Roberts asked which edition of the Uniform Fire Code is currently in use. Staff responded that the 2022 edition is being used.

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 Sandoval, seconded by Mayor Pro Tern Garcia, and passed by a vote of 4-0 to approve Public Hearing Item " C." The motion carried by the following vote: AYES: Warren, Garcia, Roberts, and Sandoval; NOES:

None; ABSTAIN: None; ABSENT: Cothran
Mayor Warren noted that the meeting would include an adjournment in memory of Deacon Sam Gordon.

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications
City Manager Matt Ballantyne congratulated Water of Life Church on its 35th anniversary and announced the 17th anniversary celebration of the North Fontana Skate Park was scheduled for Saturday, October 18, from 10 a.m. to 4 p.m.

31 ELECTED OFFICIALS COMMUNICATIONS/ REPORTS:

A. Elected Officials Communications/ Reports
City Treasurer Koehler -Brooks congratulated Water of Life Church on their 35t" anniversary and community contributions.

City Clerk Key thanked the City Council and faith -based community for assisting with a visiting student' s school research project.

Mayor Pro Tern Garcia reported on attending the League of Cities Annual Conference in Long Beach, commended Water of Life Church for its support of the community and provided an update on the Mango Elementary School traffic study, noting ongoing collaboration with the City' s Engineering Department and the Fontana Unified School District to assess potential safety improvements.

Council Member Sandoval had no comments.

Council Member Roberts recognized Water of Life Church for its assistance to residents, particularly the homeless community, and suggested communicating traffic study updates to concerned residents.

Mayor Warren emphasized the City' s collaborative efforts with agencies and faith -based organizations to address community safety, homelessness, and youth programs. Mayor Warren highlighted City Link' s ongoing work and expansion plans to support homeless residents and noted participation in various events including the Living Faith & Angelica Church' s 15th anniversary and a Community Leaders of America meeting in South Dakota. Upcoming initiatives include the Stage Red Inaugural Gala on October 29t" to support youth music education in Fontana and the Mayor' s Great Futures Gala at the Fontana Boys & Girls Club on October 25t"
ADJOURNMENT:

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

1. Deacon Sammy Eddie Gordo

2. Anthony J. Lardieri Sr.

Mayor Warren adjourned the meeting at 3:26 p.m. to the Regular City Council Meeting on Tuesday, October 28, 2025, at 2:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.

32 Christina Rudsell, CMC
Chief Deputy City Clerk

THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON OCTOBER 28, 2025.

Germaine Key
City Clerk

33 8353 Sierra Avenue
City of Fontana
Fontana, CA92335
Action Report
City Council Meeting
File #: 25- 0615 Agenda Date: 10/ 28/ 2025
Agenda #: B. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Adoption of Ordinance No. 1973 ( Second Reading), Master Case No. 25- 0047 and Municipal Code Amendment No. 25-0008: Fontana Municipal Code amendments to Chapter 30 to modify multiple sections of the Zoning and Development Code.

RECOMMENDATION:

Conduct a second reading by title only and adopt Ordinance No. 1973, approving Master Case No. 25- 0047 and Municipal Code Amendment No. 25- 0008 to amend Chapters 26, 30 ( Zoning and Development Code) and 33 of the Fontana Municipal Code, including modifications to the restaurant definition and operating standards, temporary use permits for temporary offices, development standards for the R-4 zone and overlay, administrative procedures for administrative site plan and design review entitlements, tentative parcel map and tentative tract map time extensions and curbside delivery for cannabis retail storefronts.

COUCIL GOALS:

Promote economic development by pursuing business attraction, retention, and expansion.

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.

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:

Ordinance No. 1973 was introduced by a vote of 4-0 at the October 14, 2025, Regular City Council Meeting.

FISCAL IMPACT:

There is no direct fiscal impact from this item.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 10/ 22/ 2025
p , ver d by u,js i m "
34 ORDINANCE NO. 1973

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

CALIFORNIA, APPROVING AMENDMENTS TO VARIOUS SECTIONS OF THE FONTANA MUNICIPAL CODE, INCLUDING SECTION 26- 58

PERTAINING TO APPROVING BODIES FOR TENTATIVE PARCEL
MAPS AND TENTATIVE TRACT MAPS; SECTION 30- 12 PERTAINING TO THE DEFINITION OF " RESTAURANT"; SECTIONS 30- 100 AND 30- 110 PERTAINING TO PROJECTS SUBJECT TO ADMINISTRATIVE SITE PLAN AMENDMENTS AND MODIFICATIONS; SECTIONS 30- 125, 30- 128 AND 30- 139 TO REMOVE OR REVISE REQUIREMENTS FOR DESIGN REVIEW AMENDMENTS AND MODIFICATIONS; SECTION 30- 256

PERTAINING TO TEMPORARY USE PERMITS FOR TEMPORARY
COMMERCIAL BUILDINGS; SECTION 30- 310 PERTAINING TO TIME EXTENSION APPROVALS FOR TENTATIVE TRACT MAPS; TABLE 30- 359. A. TO REVISE LAND USES RELATED TO RESTAURANTS AND
ALCOHOL SALES; SECTION 30- 360 PERTAINING TO OPERATIONAL STANDARDS FOR RESTAURANTS SERVING ALCOHOL; SECTION 30-
447 PERTAINING TO THE NUMBER OF BEDROOMS IN DWELLINGS IN THE R- 4 ZONING DISTRICT; SECTION 30- 448 PERTAINING TO BUILDING SEPARATION REQUIREMENT FOR PROJECTS IN THE R- 4 OVERLAY DISTRICT; SECTION 30- 491 PERTAINING TO

OPERATIONAL STANDARDS FOR RESTAURANTS SERVING
ALCOHOL; SECTION 33- 30 TO EXPLICITLY ALLOW CURBSIDE

DELIVERY FOR CANNABIS STOREFRONT RETAIL BUSINESSES,

PURSUANT TO A CATEGORICAL EXEMPTION IN ACCORDANCE WITH
CEQA GUIDELINES SECTIONS 15060( C), 15061( B)( 3), AND SECTION 15378.

WHEREAS, pursuant to 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") through Municipal Code Amendment (" MCA") No. 25- 0008; and WHEREAS, the City of Fontana General Plan (" General Plan") includes policies and actions calling for numerous updates to the Code; and 35 Ordinance No. 1973
WHEREAS, Section 26- 58. Expiration of approval. is amended to authorize the original approving body for tentative parcel maps and tentative tract maps to approve time extensions; and
WHEREAS, Section 30- 12. — List of definitions. is amended to clarify the definition of a restaurant; and
WHEREAS, Section 30- 100. — Reserved. is amended to include projects subject to an administrative site plan amendment; and
WHEREAS, Section 30- 110. — Reserved. is amended to include projects subject to an administrative site plan modification; and
WHEREAS, Section 30- 125. — Purpose. is amended remove requirements for a design review amendment; and
WHEREAS, Section 30- 128. — Reserved. is amended to include projects subject to a design review amendment; and
WHEREAS, Section 30- 139. — Reserved. is amended to include projects subject to a design review modification; and
WHEREAS, Section 30- 256. — Types of temporary use applications and conditions. is amended to allow temporary commercial buildings on the site of an existing commercial business during reconstruction or remodeling; and WHEREAS, Section 30- 310. — Authority. is amended to authorize the Director of Planning to approve time extensions for tentative tract maps; and WHEREAS, Table 30- 359. A. — Land Uses. is amended to revise land uses related to restaurants and alcohol sales; and
WHEREAS, Section 30- 360. — Special use regulation. is amended to include operational standards for restaurants serving alcohol; and WHEREAS, Section 30- 447. — Residential development standards. is amended to remove the limitation on the number of bedrooms per residential unit in the R-4 zoning district; and
WHEREAS, Section 30- 448. — Multiple -family building separation requirement. is amended to include a provision for building separation from the R- 1 zoning district for development in the R-4 Overlay district; and
WHEREAS, Section 30- 491. — Special use regulations*. is amended to include operational standards for restaurants serving alcohol; and 36 Ordinance No. 1973
WHEREAS, Section 33. 30. — Additional operational regulations for storefront retail. is amended to explicitly allow curbside delivery on the site of cannabis storefront retail and to provide operational standards for such activity; and WHEREAS, State law requires zoning regulations to be consistent with the general plan and therefore updating the Code would contribute to consistency with the General Plan; and
WHEREAS, the amendments in MCA No. 25- 0008 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. 25- 0008 are 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. 25- 0008 are attached hereto 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. 25- 0008 will better express the City' s policies and will generally promote good land use planning and regulation; and WHEREAS, on September 16, 2025, the Planning Commission held a public meeting on MCA No. 25- 0008 where it received evidence and public testimony on the Code amendments and recommended that the Fontana City Council (" City Council") determine that the amendments are exempt pursuant to the California Environmental Quality Act ( CEQA) Guidelines Sections 15060( c), 15061( B)( 3) ( the common- sense exemption), and Sections No. 3. 01, 3. 22, and 10. 59 of the 2019 Local Guidelines for Implementing CEQA because the procedural revisions to the Municipal Code are covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. As such, where, as here, it can be with certainty that there is no possibility that the procedural revisions to the Code may have a significant effect on the environment, the Code amendments are not subject to CEQA WHEREAS, the Planning Commission carefully considered all evidence and testimony presented at its public hearing on September 16, 2025 regarding MCA No. 25- 0008 and approved Resolution No. 2025- 029 recommending that the City Council adopt the modifications to the Zoning and Development Code contained therein; and WHEREAS, on October 14, 2025, the City Council held a public hearing on MCA No. 25- 0008 where it received evidence and public testimony pertaining to the Zoning and Development Code amendments as well as documentation from the Planning Commission' s public hearing on September 16, 2025; and 37 Ordinance No. 1973
WHEREAS, the City Council carefully considered all information pertaining to MCA No. 25- 0008 presented at its public hearing on October 14, 2025; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

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

Section 1. Recitals. The recitals are true, correct and incorporated herein by this reference.

Section 2. CEQA. City Council hereby determine that this ordinance is categorically exempt pursuant to the California Environmental Quality Act ( CEQA) Guidelines Sections 15060( c), 15061( B)( 3) ( the common- sense exemption), 15378 and Sections No. 3.01, 3.22, and 10.59 of the 2019 Local Guidelines for Implementing CEQA, because the procedural revisions to the Municipal Code are covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. As such, where, as here, it can be with certainty that there is no possibility that the procedural revisions to the Municipal Code may have a significant effect on the environment, the Municipal Code amendments are not subject to CEQA.

Therefore, the City Council hereby directs staff to file a notice of exemption.

Section 3. Development Code Amendment Findings. The City Council hereby makes the following findings for Municipal Code Amendment No. 25- 0008 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 Municipal code amendments clarify and streamline the City' s development requirements and processes and facilitate housing and commercial development. As such, the municipal code amendments promote the General Plan goals of adequate housing to meet the needs of all residents in Fontana. Furthermore, the amendments promote a diversified economy.

Section 4. Development Code Amendment Approval. Based on the foregoing, the City Council hereby approves the amendments as set forth in MCA No. 25- 0008, which is attached hereto as Exhibit " A" and incorporated herein by reference as fully set forth herein.
38 Ordinance No. 1973
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 28th day of October 2025.

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 October 2025, and was finally passed and adopted not less than five days thereafter on the 28thday of October 2025, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

City Clerk of the City of Fontana
39 Ordinance No. 1973
Mayor of the City of Fontana
ATTEST:

City Clerk
40 Ordinance No. 1973
EXHIBIT " A"
Amendments to Chapter 30 of the Municipal Code
Deletions are shown as S+ke- out - Additions are shown as underlines.) Chapter 26 — SUBDIVISIONS
DIVISION 2. — TENTATIVE TRACT MAP REQUIREMENTS
Sec. 26- 58. Expiration of approval.
a) An approved tentative tract map shall expire 24 months after its approval, unless this time period is otherwise extended pursuant to this section or pursuant to any provision of the Subdivision Map Act as enacted or subsequently amended, but in no event shall an approved tentative tract map be valid beyond 15 years from the date it was first approved.
b) In addition to the time period set forth in subsection ( a) of this section and upon application of the subdivider filed prior to expiration of the approved tentative tract map, an additional period of time, not to exceed five years, may be granted by the plaRRORv GOMMOSoinn Director of Planning. When an application is filed pursuant to this subsection, the map shall automatically be extended for 60 days or until the pIaRRiRg GeMMOSSOGRDirector of Planning approves, conditionally approves, or denies the application for the extension.
c) The period of time specified in subsections ( a) and ( b) of this section shall not include any period of time during which a development moratorium, imposed after approval of the tentative tract map, is in existence; provided, however, that the length of the moratorium does not exceed five years. Once a moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time the moratorium was imposed. However, if the remaining time is less than 120 calendar days, the map shall be valid for 120 calendar days following the termination of the moratorium. For purposes of this section, a development moratorium shall include a water or sewer moratorium, as well as other actions of public agencies which regulate land use, development or the provision of services to the land, including those of school and fire districts. d) The period of time specified in subsections ( a) and ( b) of this section shall not include any period of time during which a lawsuit involving the approval of the tentative tract map is or was pending in a court of competent jurisdiction if, upon application of the subdivider and upon conclusive proof of the existence of such lawsuit, the planning commission agrees, in accordance with California Government Code § 66452. 6( c), to stay such time period. Within 40 days after 41 Ordinance No. 1973
receiving the application, the city shall either stay the time period for up to five years or deny the requested stay. The planning commission shall determine whether the conditions of approval imposed at the time the tentative tract map was first approved are sufficient to protect the health, safety and welfare of the general public. The planning commission has the right to amend, modify or delete such conditions of approval as a condition of the requested stay. e) If the subdivider is required to expend $ 125, 000. 00 or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights -of -way which abut the boundary of the property to be subdivided and which are reasonably related to the development of that property, upon the filing of a final map, the expiration of the tentative tract map shall be extended by 36 months from the date of its expiration or the date of the previously filed final map, whichever is later. This subsection shall apply only to situations wherein multiple final maps are filed with the city. The extension provided in this subsection shall not extend the tentative map more than ten years from its date of approval.

Nothing in this subsection limits the authority of the planning commission to impose reasonable conditions to the filing of multiple final maps. f) In addition to any other extension of time provided by this section or provided by the Subdivision Map Act, the expiration date of any tentative tract map that did not expire before September 13, 1993, shall be extended by 24 months. g) In addition to any other extension of time provided by this section or provided by the Subdivision Map Act the expiration date of any tentative tract map that did not expire before May 15, 1996, shall be extended by 12 months. h) In addition to any other extension of time provided by this section or provided by the Subdivision Map Act any tentative tract map that would have expired on or after March 3, 2020 and before December 31, 2020, shall be extended by 12 months.
i) Subject to the 15 year time limit set forth in subsection ( a) of this section, a tentative tract map on property subject to a development agreement authorized by Article 2.5 (commencing with Section 65864) of Chapter 4 of Division 1 of the California Government Code may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. Such extension occurs upon the filing of each final map authorized by Government Code § 66456. 1.
42 Ordinance No. 1973
Sec. 30- 12. — List of definitions.

Restaurant means an establishment where food aQnd--dFink is freshly prepared, cooked, and served to order and consumed primarily within the main building; and building of pe n the —reef w — faarl and/ er raRqhevppare sold in a formready fnr irr
GOBS
n i n andwhereall nr a cigRifinaRtnr) rtiE)n `` E)f`"'th``o'"`''nnncUmntinnfakes nlono Or is designated te takeplaGeeutsidethe GeRfiResef thebuilding, eften On a meter . and where at least65 percentof thequarterlygross receiptsare fromthe sale of foodproducts/ meals that includefreshly prepared food items availablefor consumptionon the premises during all hoursthe establishmentis openfor business. Restaurants maintain suitable kitchen facilities for cookingand/ or preparingan assortmentof foodsfor mealsalong with the properamount of refrigerationand/ or heatingfor keepingof food. The service of pre -packageditems ( e. g. sandwiches, salads, etc.) does not qualifywithin the definition of a restaurant. Restaurants do notincludeany live entertainment, disc jockey, amplified music, karaoke, electronicarcade, amusementgames, pool tables, dart boards, dancing, dance floor, or dancearea providedon thepremises. Subdivision Ill. — AdministrativeSite Plan — AmendmentSec.
30- 100. Rena Projects subject to administrativesite plan - amendment. rs r.: llvr_ ir. T. TA—M TZl 121 . 1& 11 MIM, N AW FAM. 1
l a)
Applicationsfor amendmentsto administrativesite plansare requiredfor commercial, industrial, and institutionalprojects with a previouslyapproved administrative site plan entitlementthat has not vet expired, is notunderconstructionor developed, and whichmay or maynot involvethe issuanceof a buildingpermit for construction, including: 1)
Majorfagade changes that includesignificantstructural changes, such as changes to the locationof windowsand doors, roof pitch or structure, building materials, etc. 2)
Manorsite plan changes, such as relocationof buildings, but not includingthe relocationor modificationsto parkingspaces where such relocationor 43 Ordinance No. 1973
modification reduces the number of parking spaces below the required number of parking spaces.
3) The addition of square footage to a previously - approved building totaling less than 1 % of the total building area.
b) Amendments to an approved administrative site plan shall be approved by the Director of Planning or his/ her designee. Upon the submittal of an application, the Director of Planning shall have the discretion to determine if the proposed amendment will be referred to the approving body for approval or approved administrativelv. The followina parameters shall be used to auide the Director of Planning' s decision:
1) Changes to conditions of approval, increases in the square footage, and significant changes to either the site plan ( such as changing the size, shape, or position of a building on a project site) or architectural elevations such as changes in building height or massing, altering the exterior building materials, adding or deleting elements such as balconies, dormers, porches, etc.) shall be referred to the approving body for review and approval of an administrative site plan amendment.
2) Changes to the following may be reviewed and approved administratively by the Director of Planning:
a. Architectural features that are not significant in nature ( i. e. window treatments, shifting of windows or minor changes in window size, decorative trim, or numbers, the shifting of parking spaces on site that do not reduce the number of required parking spaces below the minimum required by the Article XI or the applicable specific plan, etc.
b. Site improvements that enhance the site regarding the aesthetics, public safety and/ or security_
c. Project features not visible from the public right- of-way and that do not result in a material change to the project' s operational characteristics. scale intensitv or fundamental desian intent as originally approved.
3) Within five years of the original administrative site plan application, color combinations and color schemes for commercial and industrial buildings shall not be modified or changed without prior approval of the original approving body by a revision to the original application. Minor hue color changes, regardless of the date of the original application and modifications of color combinations and color schemes for administrative site plan applications which are five years or older from the date of approval 44 Ordinance No. 1973
may be approved by the Director of Planning administratively. The Director of Planning may refer minor hue color changes to the original approving body for consideration under a revision to the original application.

Subdivision IV. — Administrative Site Plan Modification Sec. 30- 110. R,eseFvea. Projects subject to administrative site plan — modification. a) Applications for administrative site plan — modification are required for commercial, industrial, and institutional projects with a previously approved administrative site plan entitlement that has not yet expired, is currently under construction or developed, and which may or may not involve the issuance of a building permit for construction, including_
1) Manor facade changes that include significant structural changes, such as the changes to the location of windows and doors, roof pitch or structure, buildina materials. etc.
2) Manor site plan changes, such as relocation of buildings, but not including the relocation or modifications to parking spaces where such relocation or modification reduces the number of parking spaces below the required number of parking spaces.
3) The addition of square footage to a previously approved building totaling less than 1 % of the total buildina area.
b) Modifications to an administrative site plan shall be approved by the Director of Planning or his/her designee. Upon written request from an applicant, the Director of Planning shall have the discretion to determine if the proposed modification will be referred to the approving body for approval or approved administratively. The following parameters shall be used to guide the Director of Planning' s decision:
1) Changes to conditions of approval, increases in the square footage, and significant changes to either the site plan ( such as changing the size, shape, or position of a building on a protect site) or architectural elevations such as changes in building height or massing, altering the exterior building materials, or adding or deleting elements like balconies, dormers, 45 Ordinance No. 1973
porches, etc.) shall be referred to the approving body for review and approval of an administrative site plan modification.
2) Changes to the following may be reviewed and approved administratively by the Director of Planning:
a. Architectural features that are not significant in nature ( i. e. window treatments, shifting of windows or minor changes in window size, decorative trim, or numbers, the shifting of parking spaces on site that do not reduce the number of required parking spaces below the minimum required by the Article XI or the applicable specific plan, etc.
b. Site improvements that enhance the site reaardina the aesthetics Public safety and/ or security.
c. Project features not visible from the public right- of-way and that do not result in a material change to the project' s operational characteristics. scale intensitv or fundamental desian intent as originally approved.
3) Within five years of the original administrative site plan application, color combinations and color schemes for commercial and industrial buildings shall not be modified or changed without prior approval of the original approving body by a revision to the original application. Minor hue color changes, regardless of the date of the original application and modifications of color combinations and color schemes for administrative site plan applications which are five years or older from the date of approval may be approved by the Director of Planning. The Director of Planning may refer minor hue color changes to the original approving body for consideration under a revision to the original application.

Subdivision ll. — Design Review - Amendment
Sec. 30- 125. Purpose.
a) The purpose and intent of the design review, amendment process is to assure that projects comply with all applicable City standards and ordinances, and are not detrimental to the public health, safety, orwelfare, or are materially injurious to properties or improvements in the immediate vicinity. Projects eligible for an amendment are for any non -expired approved entitlements for design review on undeveloped sites pursuant to the amendment procedures herein. 46 Ordinance No. 1973
M. 11,10110,
Mill
1 11II
111. 0
ON _
1 _ .

Sec. 30- 128. Qe a Projects subject to design review - amendment. a) Applications for design review — amendment are required for projects with a Previously approved design review entitlement that has not yet expired, is not under construction or developed, and which may or may not involve the issuance of a building permit for construction, including:
47 Ordinance No. 1973
1) Major facade changes that include significant structural changes, such as the changes to the location of windows and doors, roof pitch or structure, building materials, etc.
2) Major site plan changes, such as relocation of buildings, but not including the relocation of or modifications to parking spaces where such relocation or modification reduces the number of parking spaces below the required number of parking spaces.
3) The addition of square footage to a previously - approved building totaling less than 1 % of the total buildina area.
b) Amendments to an approved design review shall be approved by the Director of Planning or his/her designee. Upon written request from an applicant, the Director of Planning shall have the discretion to determine if the proposed amendment will be referred to the approving body for approval or approved administratively.

Administratively approved amendments to a design review originally approved by the Planning Commission shall be placed on the Planning Commission agenda under the Director of Planning report for informational purposes. The following parameters shall be used to guide the Director of Planning' s decision:
1) Changes to conditions of approval, increases in the square footage, and significant changes to either the site plan or architectural elevations shall be referred to the approving body for review and approval of a design review. 2) Changes to the following may be reviewed and approved administratively by the Director of Planning:
a. Architectural features that are not significant in nature ( i. e. window treatments, shifting of windows or minor changes in window size, decorative trim, or numbers, the shifting of parking spaces on site that do not reduce the number of required parking spaces below the minimum required by the Article XI or the applicable specific plan, etc.
b. Site improvements that enhance the site regarding the aesthetics, public safety and/ or security.
c. Project features not visible from the public right- of-way and that do not result in a material change to the project' s operational characteristics, scale intensity or fundamental design intent as originally approved.
3) Within five years of the original design review or administrative site plan application, color combinations and color schemes for commercial and industrial buildings shall not be modified or changed without prior approval of 48 Ordinance No. 1973
the original approving body by a revision to the original application. Minor hue color changes, regardless of the date of the original application and modifications of color combinations and color schemes for design reviews and administrative site plan applications which are five years or older from the date of approval may be approved by the Director of Community Development. The Director of Community Development may refer minor hue color changes to the original approving body for consideration under a revision to the original application. Appeals shall follow provisions of Section 30- 132.

Subdivision Ill. — Design Review Modification
Sec. 30- 139. Qe a Projects subject to design review - modification. to ._ peFtaiRed revFGM
a) Applications for design review — modification are required for projects with a Previously approved design review entitlement that has not yet expired, is under construction or already developed, and which may or may not involve the issuance of a building permit for construction, including:
1) Major facade changes that include significant structural changes, such as the changes to the location of windows and doors, roof pitch or structure, building materials, etc.
2) Major site plan changes, such as relocation of buildings, but not including the relocation or modifications to parking spaces where such relocation or modification reduces the number of parking spaces below the required number of parking spaces.
3) The addition of square footage to a previously - approved building totaling less than 1 % of the total building area.
b) Modifications to an approved design review shall be approved by the approving body or the Director of Planning or his/ her designee. Upon written request from an applicant, the Director of Planning shall have the discretion to determine if the proposed amendment will be referred to the approving body for approval or approved administratively. Administratively approved modifications to a design review originally approved by the Planning Commission shall be placed on the Plannina Commission aaenda under the Director of Plannina report for 49 Ordinance No. 1973
informational purposes. The following parameters shall be used to guide the Director of Planning' s decision:
1) Changes to conditions of approval, increases in the square footage, and significant changes to either the site plan or architectural elevations shall be referred to the aaorovina bodv for review and aaaroval. 2) Changes to the following may be reviewed and approved administratively by the Director of Planning:
a. Architectural features that are not significant in nature ( i. e. window treatments, shifting of windows or minor changes in window size, decorative trim, or numbers, the shifting of parking spaces on site that do not reduce the number of required parking spaces below the minimum required by the Article XI or the applicable specific plan, etc.
b. Minor site improvements that enhance the site regarding the aesthetics, public safety and/ or security_
c. Project features not visible from the public right- of-way and that do not result in a material change to the project' s operational characteristics, scale intensity or fundamental design intent as originally approved.
3) Within five years of the original design review application, color combinations and color schemes for commercial and industrial buildings shall not be modified or changed without prior approval of the original approving body by a revision to the original application. Minor hue color changes, regardless of the date of the original application and modifications of color combinations and color schemes for design reviews applications which are five years or older from the date of approval may be approved by the Director of Planning. The Director of Planning may refer minor hue color changes to the original approving body for consideration under a revision to the original application. Appeals shall follow provisions of Section 30- 33.

DIVISION 18. — TEMPORARY USE
Sec. 30- 256. - Types of temporary use applications and conditions.

A temporary use permit shall be required for the following activities and shall be subject to conditions established herein and any other additional conditions as may be prescribed by the Director of Planning. All such uses shall be subject to the sign 50 Ordinance No. 1973
regulations within Chapter 3 and zoning regulations within Chapter 30 of the Municipal Code.
12) Temporary commercial buildings on active construction sites in the case of the reconstruction or remodelina of an existina commercial business. The followina restrictions shall apply:
a. The Director of Planning may approve a temporary commercial building for the duration of the reconstruction or remodeling project or for up to a maximum period of one year. If the Director of Planning determines that extenuating circumstances have occurred during construction, a one- year extension may be granted.
b. A maximum of one temporary commercial building may be approved to operate a maximum of one business on the site. The business must be appropriately licensed, operating in compliance with all City rules, regulations, and codes, and must have been in operation prior to the start of construction. c. Installation of the temporary building may occur only after a valid building permit has been issued by the Building and Safety Department.
d. The temporary building installation must meet all requirements and regulations of the Countv Department of Environmental Health Services and all aaDlicable City departments and other regulating agencies.
e. Temporary buildings installed under the provisions of this section shall be removed from the site within fourteen calendar days of the completion of, and issuance of the Certificate of Occupancy for, the commercial building on the site.
f. The temporary building shall not be installed on required vehicle parking and loading spaces as determined by Article XI. — On -Site Parking and Loading Regulations. Vehicle parking spaces provided on the subject site in excess of the requirements of Article XI may be considered for the installation of the temporary building.
g. The temporary building shall not obstruct access and/ or drive aisles on the subject site.
h. Signage for the business on the site shall be reviewed and approved through the Temporary Use Permit and/ or Design Review Sign process. 51 Ordinance No. 1973
4-2 13) Other uses and activities that may be needed on a temporary basis or similar to subsections ( 1) through ( 4-0 9) above as deemed appropriate by the Director of Planning.

DIVISION 22. — TIME EXTENSION, MAPPING AND PROJECT
Subdivision II. — Time Extension — Tentative Tract Maps Sec. 30- 310. - Authority.

The Planning Gemmissien Director of Planning is authorized to approve or deny applications for time extension for tentative tract maps and to impose conditions upon such approval.
52 Ordinance No. 1973
ARTICLE III — FORM BASED CODE
Division 3. — Permitted Land Uses
Table 30- 359. A. — Land Uses
Civic
Station Downtown Neighbor- Multi- Trans- Sierra Route 66 Valley Area Gatewayhood Familyitional GatewayGatewayGatewayVillage Alcohol Beverage Sales
Alcohol sales for off - site consumption, with

M M M M C C C M
or without tasting room
Alcohol sales for Son - site sales
consumption, in connection with
restaurant/ food hall (" Bona fide Public M M Pa M PS Pa PS M Eating Place as defined by the
Department of Alcoholic Beverage Control
Alcohol sales for Son - site sales
consumption, in connection with
restaurant/ food hall (" Bona fide Public

M M M M M
Eating Places as defined by the
Department of Alcoholic Beverage Control)
and with entertainment and/ or dancing
Alcohol sales for Son - site sales
consumption, with entertainment and/ or
dancing and not in connection with

C C C C
restaurant/ food hall (" Bona fide Public
Eating Place", as defined by the
Department of Alcoholic Beverage Control
Manufacturing, including winery or
microbrewery with taking room and no M M M M C C C M
restaurant
Micro - breweries in connection with
restaurant ( Brew Pub) ( Bona fide Public

M M M M C C C M
Eating Place as defined by the Department
of Alcohol Beverage Control
53 Ordinance No. 1973
Micro - breweries without tasting room -- -- -- -- -- -- -- -- C -- 54 ARTICLE III — FORM BASED CODE
DIVISION 3. — PERMITTED LAND USES
Sec. 30- 360. Special use regulation.
i) Alcohol sales for on - site consumption, in connection with a restaurant/ food hall. 1) A restaurant selling alcohol for on -site consumption shall not negatively impact adioining uses as it relates to noise in excess of the maximum noise measurements established in the Fontana Municipal Code, debris generated by the restaurant or its' patrons not disposed of in appropriate receptacles, traffic impacting use of the public right- of-way, storage outside of an enclosed building, and hours of operation, nor shall it create any adverse effect on public health, safety or welfare.
2) The establishment shall be operated in such a manner that sound emitted from the premises shall not be audible beyond the boundaries on which it is located:
a. All doors to the building shall remain closed except to allow for the entrance and exit of patrons and employees.
b. Any such alcohol sales use being established for the first time shall have no entrance or exit located within 100 feet of a residentially zoned or utilized property unless adequate sound attenuation measures have been undertaken to ensure sound measurements do not exceed the maximum measurements established in the Fontana Municipal Code or unless the entrance or exit is separated from the residentially zoned property by a public street.
c. A restaurant selling alcohol for on -site consumption should be a minimum of 600 feet away from an existing or proposed school, park, reliaious institution. hospital. vouth facilitv or other similar uses.

ARTICLE V. — RESIDENTIAL ZONING DISTRICTS

ATTACHMENT NO. 1
55 Ordinance No. 1970
DIVISION 4. DEVELOPMENT STANDARDS FOR PRIMARY DWELLINGS.

Sec. 30- 447. Residential development standards.

The following development standards apply to multi -family residential development projects without a commercial component, which are proposed at minimum density of

24. 1 to 39 dwelling units per acre within the multiple -family medium/ high density residential ( R-4) zoning district, and 39. 1 to 50 dwelling units per acre in the multiple - family high density residential ( R-5) zoning district.

Table No. 30- 447
Residential Development Standards
Maximum Density R- 4 R- 5
Maximum permitted number of dwelling units per adjusted gross acre

24. 1. 0—

39. 0

39. 1—

50. 0
Lot Dimensions for New Lots, Lot Size, and Lot Coverage R- 4 R- 5 Minimum width at front P/ L 200' 200'
Minimum depth 300' 300'
Minimum lot sizes . ft. 2 acres 2 acres
Maximum lot coverage adjusted gross acreage of total site 70% 70% Multiple - Family Minimum Dwelling Size ( Standard/ Market Rate, Senior and Affordable
R- 4 R- 5
Minimum dwelling unit in square feet 550 sq.
ft.
550 sq.
ft.

Maximum dwelling unit in square feet 1, 800
sq. ft.
1, 800
I sq. ft.

Building Height R- 4 R- 5
Multi -Family 55' 55'
Multi - Family Open Space Requirements R- 4 R- 5
Open space, private round/ upper floor sq. ft.), minimum 120/ 80 120/ 80 Open space, common, as a percentage of adjusted gross
acreage of project area, minimum
30% 30%
Open space, useable, ( combined total of private and common open space), as a percentage of adjusted gross acreage of project area, minimum
35% 35%
Notes:
1) For existing legal lots smaller than this minimum, see Section 30-414 ( lot size conformance).
2) For the purpose of this section, subterranean or partial subterranean parking shall not be considered a floor/ story for the purpose of determining building setbacks. f3) Per pornelc Inneted in the R_ 4 dictrint the number of hedroomc shall he llmlteJ to a mwimum of Meinhedrnnmo per dwelling i R#

Ordinance No. 1970
Sec. 30- 448. Multiple - family building separation requirement.

Table No. 30- 448
Building Setback and Separation in feet
Front Setback, Building to Public Right - of -Way streets R- 4 R- 5 Major or prima 5- foot 5- foot
Secondary or collector 5- foot 5- foot
Local 0- foot 0- foot
Corner Lot, Side Building Setback to P/L R- 4 R- 5
Major or prima 5- foot 5- foot
Secondary or collector 5- foot 5- foot
Local 5- foot 5- foot
Corner Lot, Side Parking Setbacks to P/L R- 4 R- 5
Major or primary 10- foot 10- foot
Secondary or collector 10- foot 10- foot
Local 10- foot 10- foot
Side Setback ( interior), Building, Setback to Adjacent Zoning Districts
R- 4 R- 5
R- 1 25- foot 25- foot
R-2 (Single- family use 25- foot 25- foot
R-2( Multi- family use 15- foot 15- foot
R- 3 10- foot 15- foot
R- 4 0- foot 0- foot
R- 5 0- foot 0- foot
R-PC, Sin le-farn ly 75- foot 75- foot
R-PC, Specific plan ( b) (single- family/ multi- family) 25- foot/ 15- foot
25- foot/
15- foot
R- E 75- foot 75- foot
P- PF 30- foot 30- foot
C- 2 0- foot 0- foot
All other zoning districts, C- 1, RMU, and OS 20- foot 20- foot Parking Area and Drive Aisle Setbacks to Adjacent Zoning Districts
R- 4 R- 5
All residential 5- foot 5- foot
All other 5- foot 5- foot
Onsite Building to Building Setbacks R- 4 R- 5
Front to front 30- foot 30- foot
Front to side 30- foot 30- foot
Front to rear 30- foot 30- foot
Rear to side 25- foot 25- foot
Rear to rear 20- foot 20- foot

57 Ordinance No. 1970
Side to side 15- foot 15- foot
Oblique alignment
Accessory Structure Setbacks and Separation in feet R- 4 R- 5 In all cases See Section No. 30-
461
Notes:
1) Building shall mean a structure containing dwelling units. For purpose of this table, building setback standards shall be for any building exceeding a single -story.

Setback standards may be modified by other lettered notes herein. 2) Subtract ten feet for a single -story dwelling unit or a multi -story dwelling unit having a single -story element with a depth of at least ten feet. 3) All primary ground -floor common entries and individual dwelling unit entries fronting Foothill Blvd, Orange Way, Cypress Avenue or Valencia Avenue shall be oriented to the street, not the interior of the development or parking lot. 4) On a case by case basis, the Community Development Director may require up to ten feet of additional building setback from all property lines to accommodate entrance stops, porches, patios and other architecture features, as well as landscaping areas.
5) For the purpose of this table, accessory structure means a subordinate structure which is incidental to and is detached from the main building but is on the same lot and supports the primary use on -site. If an accessory structure is attached to the building by way of a continuation of the building roof, the accessory structure shall be considered an addition to the building.
6) " Front" is defined as that face of the building or unit with a major glass area and/ or major private recreation area and may include access to that private recreation area. This access may or may not relate to the primary entrance to the building that faces the public right- of-way or private drive aisle; therefore, some buildings may have more than one " front" under this definition.
7) For the purpose of this table, zoning districts are not considered adjacent if separated by a dedicated public right- of-way or utility easement of more than 50 feet in width.
8) Setback measured from building to property line.
9) " Oblique alignment" is defined as the intersection of the parallel face of one building by the corner angle of a second building where said angle is greater than 25 percent. The corner angle of the intersecting building may encroach into the setback of the other building by up to five feet provided there is an equal or greater setback at the other end of the intersecting building. Such encroachment shall also be averaged so that for each building that is allowed to encroach into the setback, another building will offset such encroachment by an equal number of feet. ( Where two buildings meet at corner angles, the side - to - front setback criteria shall be used.)
10) Balconies, patios ( uncovered and covered), patio fences/ walls, porches, and similar like structures ( as determined by the Director of Community Development) may project into the setback area up to a maximum of six feet,

Ordinance No. 1970
providing, however, that such structures shall never be separated by less than 15 feet ( horizontal).
11) The " rear" of a building is defined as the point or area farthest from the front.

Where a building is identified to have two fronts the building may be considered not to have a rear facing.
12) Setback from underdeveloped property in the R-2 zone shall be determined at the R- 1 single- family zones development standard of 25 feet. 13) Where a new building is to be constructed on a corner lot or intersection, a wraparound building design with an angled corner shall be utilized in order to maximize and encourage pedestrian activity.
14) Parking setback may be decreased to zero for subterranean parking structures.
15) The minimum building setback to the R- 1 zoning district may be reduced to 10 feet for development within the R- 4 overlay for projects developed consistent with the density requirements of the R-4 overlay and where the adjacent parcel is vacant and undeveloped.

ARTICLE VI. — COMMERCIAL AND MIXED USE ZONING DISTRICT
DIVISION 3. — USE REGULATIONS
Sec. 30- 491. — Special use regulations.
22) Restaurant. With the Sale of Alcohol.
1) A restaurant selling alcohol for on - site consumption shall not negatively impact adjoining uses as it relates to noise in excess of the maximum noise measurements established in the Fontana Municipal Code, debris generated by the restaurant or its' patrons not disposed of in appropriate receptacles, traffic impacting use of the public right- of-way, storage outside of an enclosed building, debris, traffic, storage, design and hours of operation, nor shall it create any adverse effect on public health, safety or welfare. 2) The establishment shall be operated in such a manner that sound emitted from the premises shall not be audible beyond the boundaries on which it is located:
a. All doors to the building shall remain closed except to allow for the entrance and exit of patrons and employees.
b. Any such alcohol sales use being established for the first time shall have no entrance or exit located within 100 feet of a

Ordinance No. 1970
residentially zoned or utilized property unless adequate sound attenuation measures have been undertaken to ensure sound measurements do not exceed the maximum measurements
established in the Fontana Municipal Code or unless the entrance or exit is separated from the residentially zoned Property by a public street.
c. A restaurant selling alcohol for on - site consumption should be a minimum of 600 feet away from an existing or proposed school, park, religious institution, hospital, youth facility or other similar uses.

Chapter 33 — CANNABIS BUSINESSES AND ACTIVITIES
Sec. 33- 30. Additional operating regulations for storefront retail. a) No commercial cannabis retailer offering storefront purchase shall be located within 600 feet from another commercial cannabis storefront retailer. The distance specified in this section shall be the horizontal distance measured in a straight line from the property line of one commercial cannabis storefront retailer to the closest property line of the lot on which another commercial cannabis business is located without regard to intervening structures.
b) Prior to dispensing medicinal cannabis or medicinal cannabis products to any person, the commercial medicinal cannabis business shall obtain verification from the recommending physician that the person requesting medicinal cannabis or medicinal cannabis products is a qualified patient, and shall maintain a copy of the physician recommendation or Identification Card as described in Health and Safety Code §§ 11362. 71 through 11362. 77, as may be amended from time to time, on site for period of not less than seven years.
c) Storefront retailers also providing delivery shall comply with the requirements pertaining to deliveries in section 33- 30 of this chapter. d) Commercial cannabis retailers selling medicinal cannabis shall verify the age and all necessary documentation of each customer to ensure the customer is not under the age of 18 years and that the potential customer has a valid doctor' s recommendation. Adult use retailers shall verify the age of all customers to ensure persons under the age of 21 are not permitted on the premises. Entrances into the retailer shall be locked at all times with entry strictly controlled. A " buzz - in" electronic/ mechanical entry system shall be utilized to limit access to and entry to the retailer to separate it from the reception or lobby area.

60 Ordinance No. 1970
e) Retailers may have only that quantity of cannabis and cannabis products reasonably anticipated to meet the demand readily available for sale on -site in the retail sales area of the retailer.
f) All restroom facilities shall remain locked and under the control of management. g) A cannabis storefront retailer shall notify qualified patients, primary caregivers, and customers ( verbally or by written agreement) and by posting of a notice or notices conspicuously in at least 15 point type within the permitted premises that state as follows:
1) " The sale or diversion of cannabis or cannabis products without a permit issued by the City of Fontana is a violation of state law and the Fontana City Code." 2) " Secondary sale, barter, or distribution of cannabis or cannabis products purchased from a permittee is a crime and can lead to arrest." 3) " Patrons must not loiter in or near these premises and may not consume cannabis or cannabis products in the vicinity of this business or in any place not lawfully permitted. These premises and vicinity are monitored to ensure compliance."
4) " Warning: the use of cannabis or cannabis products may impair a person' s ability to drive a motor vehicle or operate heavy machinery."
5) " CALIFORNIA PROP. 65 WARNING: Smoking of cannabis and cannabis - derived products will expose you and those in your immediate vicinity to cannabis smoke. Cannabis smoke is known by the State of California to cause cancer."
6) Waste management. When managing cannabis goods, chemicals, hazardous or dangerous waste, Retailers are obligated to obtain all required permits, licenses, or other clearances and comply with all orders, laws, regulations, or other requirements of other regulatory agencies, including, but not limited to, local health agencies, regional water quality control boards, air quality management districts or air pollution control districts, local land use authorities, and fire authorities. The sale of cannabis waste is prohibited. Retailers shall maintain accurate and comprehensive records at the premises regarding cannabis waste that accounts for, reconciles, and provides evidence of, all activity related to the generation and disposal or deposition of cannabis waste. h) No cannabis goods shall be sold and/ or delivered by any means or method to any person within a motor vehicle, except curbside delivery conducted pursuant to the following:

61 Ordinance No. 1970
1) A licensed retailer authorized to engage in storefront sales at their licensed aremises may conduct sales throuah curbside deliverv.
2) Cannabis goods that have been purchased by a customer may be delivered to the customer in a vehicle at a location on the license retail premises, which is immediately outside the structure, and which is not located adjacent to the public right- of-way.
3) Curbside delivery of cannabis goods must occur under video surveillance meeting the applicable operating procedures ( including those submitted as part of the initial application process).
4) Retail employees engaging in curbside delivery must verify each customer' s age pursuant to Sec. 33- 29( k).

62 8353 Sierra Avenue
City of Fontana
Fontana, CA92335
Action Report
City Council Meeting
File #: 25- 0616 Agenda Date: 10/ 28/ 2025
Agenda #: C. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Adoption of Ordinance No. 1975 ( Second Reading), Adoption of the 2025 Edition of the California Building Standards Code and Corresponding Base Model Codes.

RECOMMENDATION:

Conduct a second reading by title only and adopt Ordinance No. 1975, an ordinance of the City of Fontana adding, amending and deleting certain articles, sections and subsections of Chapter 5 of the Code of the City of Fontana, California pertaining to the construction and maintenance of buildings, and the 2025 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, consisting of the California Building Code, Volumes 1 & 2, based on the 2024 International Building Code; the California Plumbing Code, based on the 2024 Uniform Plumbing Code; the California Electrical Code, based on the 2023 National Electrical Code; the California Mechanical Code, based on the 2024 Uniform Mechanical Code; the California Wildland- Urban Interface Code based on the 2024 International Wildland- Urban Interface Code; the California Existing Building Code, based on the 2024 International Existing Building Code; the California Green Building Standards Code; the California Residential Code, based on the 2025 International Residential Code; and the 2025 Edition of the International Property Maintenance Code.

COUCIL GOALS:

To improve public safety by incorporating current technologies in the construction and maintenance of buildings, housing and fire prevention into the City' s building codes. promote economic development by being business friendly through the reduction of local amendments to the adopted codes.

DISCUSSION:

Ordinance No. 1975 was introduced by a vote of 4-0 at the October 14, 2025, Regular City Council Meeting.

FISCAL IMPACT:

There is no direct fiscal impact from this item.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 10/ 22/ 2025
p , ver d by u,js i m "
63 ORDINANCE NO. 1975

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

CALIFORNIA REVISING, PURSUANT TO AN EXEMPTION FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT, CERTAIN
PROVISIONS OF CHAPTER 5 OF THE FONTANA MUNICIPAL CODE

RELATING TO THE CONSTRUCTION AND MAINTENANCE OF
BUILDINGS, AND ADOPTING BY REFERENCE THE 2025 EDITION OF

THE CALIFORNIA BUILDING STANDARDS CODE, KNOWN AS THE
CALIFORNIA CODE OF REGULATIONS, TITLE 24, CONSISTING OF THE CALIFORNIA BUILDING CODE, VOLUMES 1 & 2, BASED ON THE 2024 INTERNATIONAL BUILDING CODE; THE CALIFORNIA
PLUMBING CODE, BASED ON THE 2024 UNIFORM PLUMBING CODE; THE CALIFORNIA ELECTRICAL CODE, BASED ON THE 2023
NATIONAL ELECTRICAL CODE; THE CALIFORNIA MECHANICAL
CODE, BASED ON THE 2024 UNIFORM MECHANICAL CODE; THE
CALIFORNIA EXISTING BUILDING CODE, BASED ON THE 2024
INTERNATIONAL EXISTING BUILDING CODE; THE CALIFORNIA
GREEN BUILDING STANDARDS CODE; THE CALIFORNIA
RESIDENTIAL CODE, BASED ON THE 2024 INTERNATIONAL
RESIDENTIAL CODE; THE CALIFORNIA WILDLAND- URBAN
INTERFACE CODE BASED ON THE 2024 INTERNATIONAL
WILDLAND- URBAN INTERFACE CODE AND THE 2024 EDITION OF

THE INTERNATIONAL PROPERTY MAINTENANCE CODE
WHEREAS, the City of Fontana, California ( the " City") is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, in December 2024 and February 2025, the State Building Standards Commission reviewed and approved the 2025 edition of the California Building Standards Code ( Title 24 of the California Code of Regulations); and WHEREAS, Health and Safety Code Sections 18938 and 17958 make the California Building Standards Code (" Code") applicable to all cities and counties throughout California, including the City of Fontana, 180 days after publication by the State Building Standards Commission or upon a later date established by the Building Standards Commission, which here is January 1, 2026, and WHEREAS, Health and Safety Code Section 18941. 5 provides that a City may establish more restrictive building standards if they are reasonably necessary due to local climatic, geological, or topographical conditions; and
WHEREAS, Health and Safety Code Section 17958. 5 permits cities to make modifications to the requirements contained in the California Building Standards Code if such modifications are found to be reasonably necessary because of local climatic, geographic, or topographic conditions, and
64 Ordinance No. 1975
WHEREAS, Health and Safety Code Section 17958. 7 requires that the City Council, before making modifications to such requirements, make an express finding that such modifications are reasonably necessary because of local climatic, geographic, or topographic conditions; and
WHEREAS, the City Council of the City of Fontana (" City Council") hereby finds that it is reasonably necessary to amend certain portions of the 2025 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, to meet the particular climatic, geological, and topographical conditions existing in the City; and
WHEREAS, the City Council further finds that some changes and modifications are of an administrative or procedural nature, or concern themselves with subjects not covered by the Code, or are reasonably necessary to safeguard life and property within the City; and
WHEREAS, on, the City Council conducted a duly noticed public hearing to consider and review the California Building Standards Codes and local amendments, at which time hearing testimony and evidence was presented to and considered by the City Council.

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

Section 1. The above recitals are true, correct and incorporated herein by this reference.

Section 2. The City Council of the City of Fontana (" City") is informed and finds that it is reasonably necessary to amend certain portions of the 2025 Edition of The California Building Standards Code, known as the California Code of Regulations, Title 24, to meet the particular climatic, geological, and topographical conditions existing in the City. The City Council further finds that some changes and modifications are of an administrative or procedural nature or concern themselves with subjects not covered by the Code or are reasonably necessary to safeguard life and property within the City. The City Council hereby adopts the following ( climatic, geological, and topographical, where applicable) findings to support the proposed amendments to the 2025 California Building Standards Code made herein in this Ordinance:
a) The City is subject to relatively low amounts of precipitation, very low humidity levels, and extremely high temperatures. These climatic conditions are conducive to the spread of fire. For example, during July, August, and September, temperatures often exceed 100 degrees Fahrenheit. During the same months, humidity is usually less than 40%, and humidity measurements less than 10% are not uncommon. These conditions contribute to an increased likelihood of fire. Moreover, minor fires have a greater tendency of spreading rapidly due to such conditions.

C:P,
Ordinance No. 1975
Finding applicable to Amendments to California Building Code Sections903. 2 and 1505. 5; and California Residential Code Section R309.)
b) The City is subject to extremely strong winds, commonly referred to as " Santa Ana Winds," which reach speeds in excess of 90 miles per hour. Extensive damage often occurs during such winds, including fallen trees; blown sand and debris; downed utility poles, utility circuits, and utility service lines; and structural damage to buildings.

These adverse conditions can cause: ( 1) fires; ( 2) impairment of emergency apparatus access; ( 3) delays in response times of emergency apparatus; and ( 4) the depletion of apparatus readily available for fire suppression activities. These windstorms commonly last from three to seven days.

Finding applicable to Amendments to California Building Code Sections 502. 1, 903. 2, 1609. 3, 1609. 4. 3, Table 1504. 8, Table 1507. 2. 7. 1( 1), Table 1507. 2. 7. 1( 2) and 1105. 2; and California Electric Code Section 225. 1; and California Residential Code Sections R301. 2. 1. 4, R30. 81, R309, Table R301. 2, and BF105. 2.) c) The City' s neighboring foothills create a unique fire hazard. This is because fire service is provided to the City by the San Bernardino County Fire Department and fire units from the City are often sent to assist in the extinguishment of fast moving, wind -assisted fires in the neighboring foothills which destroy or damage many structures, and as such, these units are then unavailable for fire suppression in the City.

Finding applicable to Amendments to California Building Code Sections 502. 1, 903. 2, and 1505. 5; and California Residential Code Sections R308. 1 and R309)
d) Development has occurred in the City and continues to occur in the City and such development has resulted in severe traffic congestion during peak business hours, weekends, and holidays, thus decreasing response time, particularly on the following streets and highways: Sierra Avenue, Valley Boulevard, Cherry Avenue, Foothill Boulevard, Base Line Road, Highland Avenue, Citrus Avenue, Slover Avenue, Jurupa Avenue, Arrow Route, San Bernardino Avenue, the 1-15 Freeway and the 1-10 Freeway. Such traffic and circulation congestion is an artificially created, obstructive topographical condition creating a situation which places fire department response time to fire occurrences at risk, and makes it necessary to provide automatic on- site fire -extinguishing systems C'1;:

Ordinance No. 1975
and other protection measures to protect occupants and property from fire hazards. Automatic fire protection systems are the single greatest means of reducing the severity of structural fires; fire loss in un-sprinklered buildings is four times greater than fire loss in sprinklered buildings. Numerous fires have occurred within the City in residential structures ( houses, apartments, hotels, and motels) over the past several years that have automatic fire protection systems, and in all of these fires, the automatic fire protection systems have successfully controlled and/ or suppressed the fire before the emergency response personnel have been able to arrive at the structure.

Finding applicable to Amendments to California Building Code Sections 502. 1 and 903. 2; and California Residential Code Sections R308. 1 and R309.)
e) An extreme and unusual fire hazard exists in the hillsides and other areas of the City south of Jurupa Avenue and north ofthe I-15 Freeway due to the presence of highly flammable vegetation, the region' s dry climate, and frequent hot, dry Santa Ana winds.

Finding applicable to Amendments to California Building Code Sections 903. 2 and 1505. 5; and California Residential Code Section R309.)
f) The City is located in Southern California, in an extremely active seismic region, with high levels of historic earthquake shaking in the recent past ( earthquakes measuring larger than a magnitude 5 on the Richter Scale) and can be expected to experience significant strong ground shaking within
the foreseeable future; and
The seismotectonic setting of the City is dominated by the Sierra Madre -Cucamonga fault, which traverses the Northern portion of the City, and the City' s close proximity to the San Andreas fault-- 7 miles to the East, San Jacinto fault-- 3 miles to the East and Whittier - Elsinore Fault-- 19 miles to the Southwest; and
In the event of a severe earthquake, these faults present the potential for catastrophic damage, including fire, damage to roadways and other impairments of emergency apparatus. ( This information is according to maps used by Cal Tech, Pasadena and provided by the U.S. Geological Survey). Existing and planned developments are at risk from structural damage from earthquake Ordinance No. 1975
faults. Improved standards are necessary to ensure that maximum safety is provided to persons and property.

Finding applicable to Amendments to California Building Code Sections 502. 1; and California Electric Code Section 225. 1; and California Residential Code Sections R308. 1 and Table R301. 2.)
g) Aluminum expands and shrinks at a much greater rate than other metals. This property becomes critical for smaller wires of aluminum conductors, which may break down at a termination point in a seismic event, causing a fire. As discussed above, the City is located in an extreme active seismic region.

Finding applicable to Amendment to California Electric Code Section 110. 5.)
h) Additional amendments and deletions to the California Building Standards Code, known as the California Code of Regulations, Title 24; the International Building Code; and the International Residential Code; are administrative or procedural in nature and reasonable and necessary to safeguard life and property within the City.

Finding applicable to Amendments to the California Building Code Sections 1. 8. 8, 202, 502. 1, 3109. 2, J 103. 2, and J 104. 1; and California Residential Code Sections 1. 8. 8, R306. 1, Table R301. 2, and Appendix CI( 1).)
i) The topography of the City is mostly rocky with large boulders and stones below grade in much of the northern part of the City, which is rapidly being developed; and
Given the topography of the City, it is impractical and unreasonable to remove all rocks 12 inches or more in diameter from certain development areas or place these rocks at more than 10 feet below grade; and
Geotechnical, civil, and/ or soil engineers have opined that due to the rocky topography of the City, the use of rocks with a maximum dimension larger than 12 inches and up to 24 inches as fill material at three feet or more below grade and rocks with a maximum dimension greater than 24 inches as fill material at ten feet or more below grade is safe and prudent.

Finding applicable to Amendment to California Building Code R
Ordinance No. 1975
Section J107. 4.)
Section 3. Article III of Chapter 5 of the Municipal Code of the City of Fontana is hereby amended by rewriting the article in its entirety to read as follows:

Article III. California Building Code
Sec. 5- 61. Adoption; copy on file.

The 2025 Edition of the California Building Code, known as the California Code of Regulations, Title 24, Part 2, Volumes 1 & 2, based on the 2024 Edition of the International Building Code, published by the International Code Council, including Chapter 1 and Appendices B, C, I, and J, are hereby adopted as the Building Code of the City and reference is hereby made to the copy now on file in the Clerk' s Office of the City.

Sec. 5- 62. Chanaes and Amendments.
a) Section 105.2 Building Exemption 2 of the California Building Code, known asthe California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended to read as follows:

2. Solid fences not over 3- 1/2 feet high and open fences with an open surface area of not less than 90 percent ( 90%) not over 4 feet high.
b) Section 105.2 Building Exemption 4 of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended to read as follows:

4. Retaining walls which are not over 3 feet in height
measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding flammable or combustible liquids.
c) Section 202 of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended by rewriting the definition for Swimming Pools to read as follows:

Swimming Pools. Any body of water or any structure that contains water over 18 inches ( 457 mm) deep. This includes without limitation all portable, moveable, collapsible, storable, and permanent in -ground, above -ground and on -ground
Ordinance No. 1975
swimming pools, garden ponds, spas, hot tubs, wading pools, and fountains.
d) Section 502. 1 of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended by rewriting the section in its entirety to read as follows:

Sec. 502. 1 Address identification. New and existing
buildings, apartment units, condominium units, suites, tenant spaces, and similar other units or spaces shall be provided with approved address numbers or letters per Section 5-239 of the Fontana Municipal Code.
e) Section 903. 2 of the California Building Code. Known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended by adding thereto a paragraph after the first paragraph of the section to read as follows:

Notwithstanding the requirements of Sec. 903. 2, an
automatic fire -sprinkler system, approved by the Fire Prevention Division of the Fontana Fire Protection District, shall be installed, and maintained in new construction per the
requirements of Article II of Chapter 11 of the Code of the City. f) Section 1505. 5 of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended by rewriting the section in its entirety to read as follows:

Sec. 1505. 5 Non -classified roofing. Non -classified roofing is material that is not listed as a Class A, B, or C roof covering.

Non -classified roofing is not approved for use within the City. g) Section 1609.3 of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended by adding thereto a paragraph and table to the end of the section to read as follows:

Portions of the City are located within a special wind region. The basic design wind speed V in these special wind region areas shall be:

Risk Category Basic Design Wind Speed, V
70 Ordinance No. 1975
116 mph
II 129 mph
III & IV 135 mph
h) Section 1609.4. 3 of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended by adding thereto a paragraph to the end of the section to read as follows:

Exposure C, as a minimum, shall apply in all cases
unless the architect or engineer in general responsible charge can justify to the building official that the building site and surrounding terrain conform to the criteria for Exposure B. i) Section 115922( a) of Section 3109. 2 of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code is hereby amended by rewriting the section in its entirety to read as follows:
a) Except as provided in Section 115925, when a building permit is issued for the construction of a new swimming pool and/ or spa or the remodeling of an existing pool or spa at a private single- family home, the respective swimming pool or spa shall be equipped with at least two drowning prevention safety features, one of which shall be an enclosure that meets the requirements of Section 115923 and isolates the swimming pool or spa from the private single- family home. Any walls of the residential structure or accessory structures used to complete the isolation enclosure must have door openings equipped with protection as required in 115922 ( a)( 4) or ( 5). Any such door protection device provided for this purpose may not be used to comply with the second drowning prevention feature
requirement. In addition to the foregoing, the respective swimming pool or spa shall be equipped with at least one of the following four drowning prevention safety features:
1) Removable mesh fencing that meets American Society
for Testing and Materials ( ASTM) Specifications F2286
standards in conjunction with a gate that is self - closing and self -latching and can accommodate a key lockable
device.
2) An approved safety pool cover, as defined in Section 71 Ordinance No. 1975
115922( a)( 3).
3) An alarm that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be
independently certified to the ASTM Standard F2208
Standard Safety Specification for Residential Pool
Alarms," which includes surface motion, pressure, sonar, laser and infrared type alarms. A swimming protection
alarm feature designed for individual use, including an alarm attached to a child that sounds when the child
exceeds a certain distance or becomes submerged in
water, is not a qualifying drowning prevention safety
feature.
4) Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the features set forth above and has been
independently verified by an approved testing laboratory as meeting standards for those features established by
the ASTM or the American Society of Mechanical
Engineers ( ASME).
j) Section 115923 of Section 3109. 2 of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code is hereby amended by adding the wording to the enclosure characteristics:

Where the barrier is composed of horizontal and vertical members and the distance between the top of the horizontal member is less than 45 inches the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall be not greater than 1 3/4 inches in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall be not greater than 1 3/4 inches in width.
k) Section 1105.2 of Appendix I of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended by rewriting the section in its entirety to read as follows:

Sec. 1105.2 Footings. A patio cover may be supported on a concrete slab on grade without footings, provided all of the 72 Ordinance No. 1975
following conditions are met:

1. The supporting slab is not less than 3 1/2 inches thick; and

2. The supporting columns do not support live and dead
loads in excess of 750 pounds per column; and

3. The patio cover is constructed solely out of
aluminum and/ or other similar light weight material, and has a current valid International Code Council Evaluation Report ( or equal) clearly stating that: ( a), a slab 3 1/ 2 inches thick is structurally adequate; ( b), footings are not required; and ( c), how the patio cover is to be anchored/ held- down to resist uplift forces based on a minimum nominal design wind speed of 100 miles per hour.
1) Section J103. 2, Exemption 1 of Appendix J of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended by rewriting in its entirety to read as follows:

1. When approved by the building official, grading in
an isolated, self- contained area, provided there is no danger to the public, and that such grading will not adversely affect adjoining properties.
m) Section J103. 2, of Appendix J of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended by adding the following 2 exemptions:

8. An excavation that does not exceed 50 cubic yards ( 38.3 m*) on any one lot and does not obstruct a drainage course that is:
a. less than 2 feet ( 610 mm) in depth; or
b. does not create a cut slope greater than 5 feet ( 1524 mm) in height and steeper than 1 unit vertical in 1 1/ 2 units horizontal ( 66. 7% slope).

9. Afillthatdoesnotexceed50cubicyards (38.3md) onanyone lot and does not obstruct a drainage course that is:
a. less than 1 foot ( 305 mm) in depth and placed on
natural terrain with a slope flatter than 1 unit vertical 73 Ordinance No. 1975
in 5 units horizontal ( 20% slope); or
b. less than 3 feet ( 914 mm) in depth, not intended to support structures.
n) Section J104. 1, of Appendix J of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended by adding thereto a paragraph to the end of the section to read as follows:

All grading plans shall be prepared by a state licensed or registered design professional. Grading in excess of 5,000 cubic yards (3825 md) shall be prepared by a state registered civil engineer.
o) Section J107. 4 of Appendix J of the California Building Code, known as the California Code of Regulations, Title 24, Part 2 and the International Building Code, is hereby amended by adding thereto the following Exception:

Exception: The building official may permit placement of larger rock when the soils engineer properly devises a method of placement, and continuously inspects its placement and approves the fill stability. The following conditions shall also apply:

1. Prior to issuance of the grading permit, potential rock disposal areas shall be delineated on the grading plan.

2. Rock sizes greater than 12 inches ( 305 mm) and up to 24 inches ( 610 mm) in maximum dimension shall be
three feet ( 914 mm) or more below grade, measured
vertically. Rock sizes greater than 24
inches ( 610 mm) in maximum dimension shall be 10 feet
3048 mm) or
more below grade, measured vertically.

3. Rocks shall be placed so as to assure filling of all voids with well -graded soils."
Section 4. Article IV of Chapter 5 of the Code of the City is hereby amended by rewriting the article in its entirety to read as follows:

Article IV. California Plumbina Code
Sec. 5- 86. Adoption; copy on file.
74 Ordinance No. 1975
The 2025 Edition of the California Plumbing Code, known as the California Code of Regulations, Title 24, Part 5, based on the 2024 Edition of the Uniform Plumbing Code, published by the International Association of Plumbing and Mechanical Officials, including Appendices A, B, D, H, I, and K, are hereby adopted as the Plumbing Code of the City and reference is hereby made to the copy now on file in the Clerk' s office of the City.

Sec. 5- 87. Chanaes and Amendments.

The 2025 Edition of the California Plumbing Code is hereby adopted with no amendments."
Section 5. Article V of Chapter 5 of the Code of the City is hereby amended by rewriting the article in its entirety to read as follows:

Article V. California Electrical Code
Sec. 5- 111. Adoption: copy on file.

The 2025 Edition of the California Electrical Code, known as the California Code of regulations, Title 24, Part 3, based on the 2023 Edition of the National Electrical Code, published by the National Fire Protection Association is hereby adopted as the Electrical Code of the City and reference is hereby made to the copy now on file in the Clerk' s office of the City.

Sec. 5- 112. Changes and Amendments.
a) Section 110. 5 of the California Electrical Code, known as the California Code of regulations, Title 24, Part 3 and the National Electrical Code is hereby amended by adding thereto the following:

Aluminum conductors of No. 6 or smaller shall require
continuous inspection by an approved independent testing agency for proper torquing of connections at their termination point.
b) Section 225. 1 of the California Electrical Code, known as the California Code of regulations, Title 24, Part 3 and the National Electrical Code is hereby amended by adding thereto the following:

All new outside wiring on private property shall be underground.

EXCEPTION No. 1: Temporary wiring installed per Article 75 Ordinance No. 1975
M
EXCEPTION No. 2: Services as defined by Article 100
and installed per Article 230, subject to approval by the Administrative Authority.

EXCEPTION No. 3: Wiring in approved conduit and
raceways directly attached to a building."
Section 6. Article VI of Chapter 5 of the Code of the City is hereby amended by rewriting the article in its entirety to read as follows:

Article VI. California Mechanical Code
Sec. 5- 136. Adoption; copy on file.

The 2025 Edition of the California Mechanical Code, known as the California Code of Regulations, Title 24, Part 4, based on the 2024 Edition of the Uniform Mechanical Code, published by the International Association of Plumbing and Mechanical Officials, is hereby adopted as the Mechanical Code of the City and reference is hereby made to the copy now on file in the Clerk' s office of the City.

Sec. 5- 137. Changes and Amendments.

The 2025 Edition of the California Mechanical Code is hereby adopted with no amendments."
Section 7. Article VIII of Chapter 5 of the Code of the City is hereby amended by rewriting the article in its entirety to read as follows:

Article VIII. California Existing Building Code
Sec. 5- 186. Adoption; copy on file.

The 2025 Edition of the California Existing Building Code, known as the California Code of Regulations, Title 24, Part 10, based on the 2024 Edition of the International Existing Building Code, published by the International Code Council, is hereby adopted as the Existing Building Code for the City and reference is hereby made to the copy now on file in the Clerk' s office of the City.

Sec. 5- 187. Changes and Amendments.

The 2025 Edition of the California Existing Building Code is hereby 76 Ordinance No. 1975
adopted with no amendments."
Section 8. Article XVIII of Chapter 5 of the Code of the City of Fontana is hereby amended by rewriting the Article in its entirety to read as follows:

Article XVIII. California Green Building Standards Code Sec. 5- 550. Adoption; copy on file.

The 2025 Edition of the California Green Building Standards Code, known as the California Code of Regulations, Title 24, Part 11, is hereby adopted as the Green Building Standards Code of the City and reference is hereby made to the copy now on file in the Clerk' s Office of the City.

Sec. 5- 551. Chanaes and Amendments.

The 2025 Edition of the California Green Building Standards Code is hereby adopted with no amendments."
Section 9. Article XIX of Chapter 5 of the Code of the City of Fontana is hereby amended by rewriting the Article in its entirety to read as follows:

Article XIX. California Residential Code
Sec. 5- 600. Adoption; copy on file.

The 2025 Edition of the California Residential Code, known as the California Code of Regulations, Title 24, Part 2. 5, based on the 2024 Edition of the International Residential Code, published by the International Code Council, including Appendix BF and Appendix Cl, is hereby adopted as the Residential Code of the City and reference is hereby made to the copy now on file in the Clerk' s Office of the City.

Sec. 5- 601. Changes and Amendments.
a) Table R301. 2, CLIMATIC AND GEOGRAPHIC DESIGN
CRITERIA, of the California Residential Code, known as the California Code of Regulations, Title 24, Part 2. 5 and the International Residential Code, is hereby amended by filling in the blanks in the first row to read as follows:

CLIMATIC AND GEOGRAPHIC DESIGN
CRITERIA GROUND SNOW LOAD ......................... Zero WIND DESIGN:
77 Ordinance No. 1975
Speed- Special wind region ... 129Vmph. Other areas...
96Vmph
Topographic effects...................................................... No SEISMIC DESIGN CATEGORY......................................... D2 or E SUBJECT TO DAMAGE FROM:

Weathering................................................................. Negligible Frost line depth............................................................. 12- 24 inches
Termite.......................................................................... Very Heavy
WINTER DESIGN TEMP.................................................... 43 ICE BARRIER UNDERLAYMENT REQUIRED................... No FLOOD HAZARDS:

Date of adoption of first ordinance ( Ord 881) regarding Flood Damage Prevention: June 6, 1987
Currently Effective Flood Insurance Rate Maps ( FIRMS):

Panel Numbers: 06071 C7895J, 06071 C7915H,
06071 C8634J, 06071 C8635J,
06071 C8642J, 06071 C8651 H,
06071 C8652H,
06071 C8653H, 06071 C8654H, 06071 C8658H, 06071 C8666H
Dates: October 3, 2022, for all panels
AIR FREEZING INDEX....................................................... 0 MEAN ANNUAL TEMP ...................................................... 60 b) Section R301. 2. 1. 4 of the California Residential Code, known asthe California Code of Regulations, Title 24, Part 2. 5 and the International Residential Code, is hereby amended by adding thereto a paragraph to the end of the section to read as follows:

Exposure C, as a minimum, shall apply in all cases unless justification, to the satisfaction of the Building Official or his/her designee, is provided that the building site and surrounding terrain conform to the criteria for Exposure B.
c) Section R309 of the California Residential Code, known as the California Code of Regulations, Title 24, Part 2. 5 and the International Ordinance No. 1975
Residential Code, is hereby amended by adding thereto the following Section:

Sec. R309 General. Notwithstanding the requirements of
Section R309, an automatic fire -sprinkler system, approved by the Fire Prevention Division of the Fontana Fire Protection District, shall be installed, and maintained in all new construction per the requirements of Article II of Chapter 11 of the Code of the City.
d) Section R308. 1 of the California Residential Code, known as the California Code of Regulations, Title 24, Part 2. 5 and the International Residential Code, is hereby amended by rewriting the section in its entirety to read as follows:

Sec. R308. 1 Site Address. New and existing buildings,
apartment units, condominium units, suites, and similar other units or spaces shall be provided with approved address numbers orletters per Section 5-239 of the Fontana Municipal Code. e) Section R306. 1 of the California Residential Code, known as the California Code of Regulations, Title 24, Part 2. 5 and the International Residential Code, is hereby amended by adding thereto a paragraph to the end of the section to read as follows:

Notwithstanding the requirements of Sec. R306, all
construction within a flood hazard area shall comply with the requirements of Article II of Chapter 12 of the Code of the City. f) Section BF105. 2 of Appendix Chapter H of the California Residential Code, known as the California Code of Regulations, Title 24, Part 2.5 and the International Residential Code, is hereby amended by rewriting the section in its entirety to read as follows:

Sec. BF105. 2 Footings. A patio cover may be supported
on a concrete slab on grade without footings, provided all of the following conditions are met:

1. The supporting slab is not less than 3 1/2 inches thick; and

2. The supporting columns do not support live and dead
loads in excess of 750 pounds per column; and

3. The patio cover is constructed solely out of aluminum and/ or other similar light weight material, and has a current valid International Code Council Evaluation Report or Council of American Building Officials National Evaluation Report ( or W
Ordinance No. 1975
equal) clearly stating that: ( a), a slab 3 1/ 2 inches thick is structurally adequate; ( b), footings are not required; and ( c), how the patio cover is to be anchored/ held- down to resist uplift forces based on a minimum nominal design wind speed, of 100 miles per hour.
g) Section 115922( a) of Appendix Cl of the California Residential Code, known as the California Code of Regulations, Title 24, Part 2. 5 and the International Residential Code is hereby amended by rewriting the section in its entirety to read as follows:
a) Except as provided in Section 115925, when a building permit is issued for the construction of a new swimming pool and/ or spa or the remodeling of an existing pool or spa at a private single- family home, the respective swimming pool or spa shall be equipped with at least two drowning prevention safety features, one of which shall be an enclosure that meets the requirements of Section 115923 and isolates the swimming pool or spa from the private single- family home. Any walls of the residential structure or accessory structures used to complete the isolation enclosure must have door openings equipped with protection as required in 115922 ( a)( 4) or ( 5). Any such door protection device provided for this purpose may not be used to comply with the second drowning prevention feature
requirement. In addition to the foregoing, the respective swimming pool or spa shall be equipped with at least one of the following four drowning prevention safety features:
1) Removable mesh fencing that meets American Society
for Testing and Materials ( ASTM) Specifications F2286
standards in conjunction with a gate that is self -closing and self -latching and can accommodate a key lockable
device.
2) An approved safety pool cover, as defined in
subdivision ( d) of Section 115921.
3) An alarm that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water. The alarm shall meet and be
independently certified to the ASTM Standard F2208
Standard Safety Specification for Residential Pool
Alarms," which includes surface motion, pressure, sonar, laser and infrared type alarms. A swimming protection
alarm feature designed for individual use, including an 80 Ordinance No. 1975
alarm attached to a child that sounds when the child
exceeds a certain distance or becomes submerged in
water, is not a qualifying drowning prevention safety
feature.
4) Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the features set forth above and has been independently verified by an approved testing laboratory as meeting
standards for those features established by the ASTM or the American Society of Mechanical Engineers ( ASME)."
Section 10. Article II of Chapter 5 of the Code of the City of Fontana is hereby amended by renaming and rewriting the Article in its entirety to read as follows:

Article II. International Property Maintenance Code
Sec. 5- 36. Adoption: copy on file.

The 2025 Edition of the International Property Maintenance Code, published by the International Code Council, is hereby adopted and reference is hereby made to the copy now on file in the clerk' s office of the city.

Sec. 5- 37. Changes and Amendments.
a) Section 303. 2 of the 2024 International Property Maintenance Code is hereby amended by rewriting the section in its entirety to read as follows:

Section 303. 2 Enclosures must comply with Section 115923 of Appendix Cl of the 2024 California Residential Code as amended by the City of Fontana.
b) Section 304. 3 of the 2024 International Property Maintenance Code is hereby amended by rewriting the section in its entirety to read as follows:

Section 303. 2 Site Address. New and existing
buildings, apartment units, condominium units, suites, and similar other units or spaces shall be provided with approved address numbers or letters per Section 5-239 of the Fontana Municipal Code.

Section 11. Article XXII of Chapter 5 of the Code of the City of Fontana is 81 Ordinance No. 1975
hereby added by this Article in its entirety to read as follows:

Article XXII Wildland- Urban Interface Code
Sec. 5-615. Adoption: copy on file.

The 2025 Edition of the California Wildland- Urban Interface Code, published by the International Code Council, is hereby adopted and reference is hereby made to the copy now on file in the clerk' s office of the city.

Sec. 5- 616. Changes and Amendments.

The 2025 Edition of the California Wildland- Urban Interface Code is hereby adopted with no amendments."
Section 12. Severability/ Interpretation. If any provision of this Ordinance, or the application of this Ordinance to any person or circumstance is held to be invalid or void by a court of competent jurisdiction, such invalidity or voidance shall not affect the other provisions or applications which can be given effect without the invalid provision or application; and to this end, the provisions of this Ordinance are required to be severable.

This Ordinance shall be liberally construed to achieve the purposes of this Ordinance and to preserve its validity. If any provision of Chapter 5 of the Code of the City or the application thereof to any person or circumstance is determined to be in conflict with any other applicable code, law, or ordinance, the most restrictive requirements shall be deemed applicable and enforced.

Section 13. The adoption of the 2025 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, consisting of the California Building Code, Volumes 1 & 2, based on the 2024 International Building Code; the California Plumbing Code, based on the 2024 Uniform Plumbing Code; the California Electrical Code, based on the 2023 National Electrical Code; the California Mechanical Code, based on the 2024 Uniform Mechanical Code; the California Existing Building Code, based on the 2024 International Existing Building Code; the California Green Building Standards Code; the California Residential Code, based on the 2024 International Residential Code, the California Wildland- Urban Interface Code, based on the 2024 Wildland- Urban Interface Code and the 2024 International Property Maintenance Code, does not commit the City to any action that may have a significant effect on the environment, and as per Section 15378 of the State of California Environmental Quality Act (" CEQA") Guidelines, such action does not constitute a project subject to the requirements of CEQA. In the alternative, the adoption is exempt from CEQA under State CEQA Guidelines section 15061 ( b)( 3) as it can be seen with certainty that there is no possibility that it may have a significant effect on the environment. Staff is directed to file a Notice of Exemption.
82 Ordinance No. 1975
Section 14. This ordinance shall take effect thirty ( 30) days after the date of its adoption.

Section 15. The City Clerk shall certify to the adoption of this Ordinance and shall cause a summary thereof to be published at least five ( 5) days prior to the meeting at which the proposed Ordinance is to be adopted in the Herald News, a newspaper of general circulation in the City, and shall post a certified copy of the proposed Ordinance in the office of the City Clerk, and within fifteen ( 15) days of its adoption, shall cause a summary of it to be published in the same manner as specified above, including the vote for and against the same, and shall post a certified copy of the adopted Ordinance in the office of the City Clerk, in accordance with California Government Code Section 36933.

APPROVED AND ADOPTED this 28th day of October 2025.

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 October 2025, and was finally passed and adopted not less than five days thereafter on the 28tn day of October 2025, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

City Clerk of the City of Fontana
Mayor of the City of Fontana
CN
Ordinance No. 1975
ATTEST:

City Clerk
84 8353 Sierra Avenue
City of Fontana
Fontana, CA92335
Action Report
City Council Meeting
File #: 25- 0535 Agenda Date: 10/ 28/ 2025
Agenda #: D. Category: Consent Calendar
FROM:

Innovation & Technology
SUBJECT:

Video Management System Replacement
RECOMMENDATION:

1. Authorize the Purchasing Division to " Piggy -Back" from the Omnia Partners contract R250206) for the purchase and implementation of the Verkada Video Management System VMS) per Purchasing Policies and Procedure Manual 3. 1.5 (Cooperative Purchasing Agreement) to replace the City' s existing Hexagon Ocularis system, which has reached end of life and end of support.

2. Approve the purchase from VectorUSA of Rancho Cucamonga, CA in the amount of 735, 807. 81.

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 maintaining and improving the City' s existing infrastructure.

DISCUSSION:

The City currently utilizes Hexagon' s Ocularis Video Management System ( VMS) to manage security camera footage across multiple facilities. Ocularis has reached end of life and end of support as of October 2025, meaning the software will no longer receive updates, patches, or manufacturer assistance. Continued reliance on unsupported software introduces operational and cybersecurity risks while limiting compatibility with newer camera technology. Additionally, the system relies on on - premise servers and storage that require ongoing maintenance and periodic replacement, adding to overall support costs.

To address these challenges, staff evaluated modern video management platforms and identified Verkada as the preferred replacement solution. Verkada provides a cloud - managed system that eliminates the need for on -premise video servers and storage, reducing hardware, power, and cooling costs as well as the IT resources required to maintain them. The cloud -based architecture also allows the City to add new cameras without expanding its server or storage footprint -an inherent limitation of the current system. Verkada' s centralized management console simplifies administration, while built- in redundancy and automatic software updates enhance reliability, cybersecurity, and system uptime.

City of Fontana Page 1 of 2 Printed on 10/ 21/ 2025
p , ver d by u,js i m "
85 File #: 25- 0535 Agenda Date: 10/ 28/ 2025
Agenda #: D. Category: Consent Calendar
Verkada cameras also include an industry -leading ten- year warranty, significantly exceeding the coverage offered by most camera manufacturers. This extended warranty allows for more accurate long- term cost planning and reduces the need for replacement hardware and support contracts over the life of the system. Combined with the lower infrastructure overhead of a cloud - based platform, this results in substantial lifecycle savings compared to traditional on -premise solutions.

The transition to Verkada will also deliver major functional improvements, including high -resolution video, advanced analytics, motion and object - based search, and secure remote access from both desktop and mobile devices. These capabilities enhance situational awareness, improve investigative efficiency, and strengthen the City' s ability to safeguard its facilities and the public.

Staff recommend replacing approximately half of the City' s existing cameras during the current fiscal year to distribute costs over multiple years. Priority has been given to areas that would most benefit from Verkada' s analytics capabilities and to locations where existing cameras have degraded due to age, resulting in poor image quality. Replacements include:

Site No. of Cameras
Civic Center Campus 2
Fontana Park Aquatics Center 9
Fontana Community Senior Center 43
Metrolink Station 10
Police Department 95
Traffic Intersections 102
Procurement of the Verkada system will be completed through the Omnia Partners cooperative purchasing contract (# R250206) from their authorized partner. Utilizing this contract ensures competitive pricing, expedites acquisition, and allows the City to implement the new system without delay.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $ 735, 807. 81 and is included in the 2025 26 adopted budget in the Hardware Replacement Program project 02621003- 102- B-8315. The recurring licensing and subscription costs associated with the Verkada VMS will be funded through the IT Department' s operation budget from account number 10226206 and no additional General Fund support will be required.

MOTION:

Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 10/ 21/ 2025
p , ver d by u,js i m "
86 0

P A R T N E R S
MNIA
Weapons and Threat Detection Equipment, Services and Other Solutions Executive Summary
Lead Agency: Region 4 ESC
RFP Issued: October 10, 2024
Response Due Date: November 21, 2024 2: 00 PM
Awarded to:

Athena Security, Inc.

Bluum USA, Inc.

Flock Group Inc. d/ b/ a Flock Safety
Genetec, Inc.

School Specialty, LLC
Verkada Inc.

Solicitation: 25- 02
Pre - Proposal Date: October 31, 2024 10: 00 AM
Proposals Received: 7
Region 4 ESC Department of Procurement issued RFP 25- 02 on October 10, 2024, to establish a national cooperative contract for Weapons and Threat Detection Equipment, Services and Other Solutions.

The solicitation included cooperative purchasing language in Section II — NATIONAL CONTRACT:

Region 4 ESC, as the Principal Procurement Agency, defined in Appendix D, has partnered with OMNIA Partners, Public Sector, Inc., a Delaware corporation (" OMNIA Partners") to make the resultant contract ( also known as the " Master Agreement" in materials distributed by OMNIA Partners) from this solicitation available to other public agencies nationally, RFP Page 3 including state and local governmental entities, public and private primary, secondary and higher education entities, non- profit entities, and agencies for the public benefit (" Public Agencies"), through OMNIA Partners' cooperative purchasing program. Region 4 ESCis acting as the contracting agency for any other Public Agency that elects to utilize the resulting Master Agreement.

Use of the Master Agreement by any Public Agency is preceded by their registration with OMNIA Partners ( a Participating Public Agency") and by using the Master Agreement, any such Participating Public Agency agrees that it is registered with OMNIA Partners, whether pursuant to the terms of a Master Intergovernmental Cooperative Purchasing Agreement, a form of which is attached hereto on Appendix D, or as otherwise agreed to. Appendix D contains additional information about OMNIA Partners and the cooperative purchasing program.

Notice of the solicitation was sent to potential offerors, as well as advertised in the following:

Region 4 ESC website
OMNIA Partners website
USA Today, nationwide
Version May 13, 2024
87 Arizona Business Gazette, AZ
San Bernardino County Sun, CA
Honolulu Star - Advertiser, HI
The Herald - News — Will County ( IL)
The Advocate — New Orleans, LA
The New Jersey Herald, NJ
Albany Times Union, NY
Daily Journal of Commerce, OR
The State, SC
Deseret News, UT
Richmond Times - Dispatch, VA
Seattle Daily Journal of Commerce, WA
Helena Independent Record, MT
Las Vegas Review - Journal
Kennebec Journal, ME
Houston Chronicle, TX
Socio- economic Outreach: To encourage participation of small businesses, minority owned businesses and women owned businesses were notified of the Request for Proposal.

On November 21, 2024 proposals were received from the following offerors:

Athena Security, Inc.

Dowley Security Systems, Inc.

Bluum USA, Inc.

Flock Group Inc. d/ b/ a Flock Safety
Genetec, Inc.

School Specialty, LLC
Verkada Inc.

The proposals were evaluated by an evaluation committee. Using the evaluation criteria established in the RFP, the committee elected to enter into negotiations with Athena Security, Inc., Bluum USA, Inc., Flock Group Inc. d/ b/ a Flock Safety, Genetec, Inc., School Specialty, LLC, and Verkada Inc. and proceeding with contract award( s) upon successful completion of negotiations.

Geographic Preferences: No geographic preferences were included in the evaluation of the responses.

Region 4 ESC, OMNIA Partners and Athena Security, Inc., Bluum USA, Inc., Flock Group Inc. d/ b/ a Flock Safety, Genetec, Inc., School Specialty, LLC, and Verkada Inc. successfully negotiated a contracts, and Region 4 ESC executed the agreements with a contract effective date of April 1, 2025.

Contract includes: Weapons and Threat Detection Equipment, Services and Other Solutions Term:

The anticipated full term of the contract is five ( 5) years. The Successful Offeror( s) shall have the right to enter local " service" agreements with Participating Public Agencies accessing the contract through OMNIA Partners, so long as the effective date of such agreement is prior to the expiration of the Contract. All local agreements may Version May 13, 2024
have a full potential term ( any combination of initial and renewal periods) not to exceed five years. Any local agreements, project agreements, or maintenance agreements executed against resulting Master Agreement( s) during the effective term may survive beyond the expiration of the Master Agreement as established and agreed to by the Successful Offeror( s) and Participating Public Agencies.

The initial term of the Contract is for a period of three ( 3) years unless terminated, canceled or extended as otherwise provided herein. Region 4 ESCshall have the right in its sole discretion to renew the Contract for an additional term of up to two ( 2) years or for a lesser period of time as determined by Region 4 ESCby providing written notice to the Contractor of Region 4 ESC's intent to renew thirty ( 30) days prior to the expiration of the original term.

Pricing/ Discount: Discounts range from 5% to 30% of catalog prices depending on the supplier.

Version May 13, 2024
99 Vector Resources, Inc. VRN 127064- 004
dba VectorUSA
ICTOR
00iiMiI'LHIIN 8647 Ninth Street
Off !! ft Rancho Cucamonga, CA 91730
r°:

HUSAIREWurir °°
I D
P: ( 909) 931 1022ANDrump Date: 10/ 3/ 2025
Company Site
City of Fontana City IT Department
8353 Sierra Ave. 8353 Sierra Avenue
Fontana, CA 92335 Fontana, CA USA
Project Name Change Name
Verkada Deployment QQ- 4 Updated Cameras Max Capacity
Sco e of Work
This quote is for the listed materials only, no professional services are being quoted.

Pricing is based off of OMNIA contract R250206
Qty Description Mfr Mfr Unit Price Extended Price
2 Outdoor PTZ 4K, 1TB 30 Day
Verkada CP63- 1TBE- HW
2,537.461 5, 074. 92
121 Outdoor PTZ 5MP, 30 Da s Verkada CP52- 512E- HW 2, 145. 42 259, 595. 82 34 Outdoor 4 Lens Multi Verkada CH52- 8TBE- HW 6, 857. 46 233, 153. 64 24 Indoor Dome 5MP, Zoom Lens, Verkada CD53- 2TB- HW 1, 997. 46 47, 939. 04 299 Outdoor Dome 5MP, Zoom Lens, Verkada CD53- 2TBE- HW 2, 066. 47 617, 874. 53 1 Outdoor Bullet, 5MP 365 Da Verkada CB52- 2TBE- HW- F 2, 213. 46 2, 213. 46 26 Outdoor 2 Lens Multi Sensor Verkada CY53- 4TBE- HW 3, 887. 46 101, 073. 96 26 1 r 2 Lens Multi Sensor Camera Verkada LIC- CAM- MLT2- 1Y- 209. 40 5, 444. 40 3411 r 4 LensMultiSensorCameraVerkada
LIC- CAM- MLT4- 1Y- 359.401 12 219. 60
44711 r CameraLicense
Verkada LIC- CAM- IY- CAP 119.401 53 371. 80
135311 r CloudStor a e- 30 Da
Verkada LIC- CLD- 30- 1Y- CAP 50.491 68 312. 97
90 Assumptions and Exclusions: The above stated assumptions and exclusions are fully integrated and incorporated within the below terms and conditions and are to be treated as one inclusive document.

Scope of Services: VectorUSA agrees to provide the services stated in this Agreement for all Customer Premise Equipment (" Equipment"). VectorUSA does not warrant that the operation of any listed Equipment shall be uninterrupted. The services to be supplied by VectorUSA for the total charge set forth on this Agreement shall consist of personnel services required to respond appropriately to Customer incidents and issues, and requests for additional professional services and materials as required.

Charges for materials and services outside the scope of this Agreement but still required to resolve Customer requests shall be due and payable upon receipt of an invoice after the completion of the installation, repair, or other service. The charges and all other charges payable to VectorUSA under this Agreement are exclusive of federal, state or local tax, other than a tax on net income now or hereafter in effect or become applicable to any payment due under this Agreement, or to the Customer' s equipment. The Customer shall file all necessary tax returns and shall pay all such taxes.

Access: Customer agrees to maintain, where required, a full time, dedicated Internet connection and to allow VectorUSA access to the Customer' s network via that Internet connection. Customer agrees to allow VectorUSA employees or subcontractors access to its facilities in order to perform services under this Agreement. Customer agrees to allow VectorUSA access to the covered Equipment. Customer agrees to allow VectorUSA to load any necessary management software on their systems and / or install a VectorUSA- owned device on the Customer network as required. Customer agrees to furnish VectorUSA with Administrator - level password access for all covered Equipment and servers, where necessary. VectorUSA agrees not to prevent Customer from accessing any Equipment owned by the Customer. If persons other than VectorUSA representatives shall perform maintenance, or repair the Equipment, and as a result further repair by VectorUSA is required to restore the Equipment to good operating condition, such repair will be made at rates for additional onsite service established in this Agreement.

Limited Warranty: VectorUSA warrants to the Customer that the material, analysis, data, programs and SERVICES to be delivered or rendered hereunder will be of the kind and quality designated and will be performed by qualified personnel. VECTOR USA MAKES NO OTHER WARRANTIES, WHETHER WRITTEN, ORAL, OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability: The Customer agrees that VectorUSA will not be liable for any special, incidental, indirect, or consequential damages hereunder, including but not limited to the loss of profit, or liability to third parties, however caused, whether by the act or negligence of VectorUSA or otherwise. It is recognized that the Equipment contains memories or other devices which have accumulated substantial data. In no event shall VectorUSA be liable to the Customer if any such data is lost or rendered inaccurate, regardless of the cause of any such loss or inaccuracy.

VectorUSA' s liability on any claim of loss or liability, arising out of or connected with this Agreement ( including, but not limited to, loss or liability arising from VectorUSA' s breach of contract of any alleged act or negligence of VectorUSA) shall in no case exceed the total purchase price of services covered under this Agreement. In no event shall VectorUSA' s liability for any services under this Agreement exceed $ 25, 000. VectorUSA will in no way be held responsible and / or liable for damages, monetary or otherwise, by customer, or any other affected party, in the event of a security breach or network security - related outages, damages, losses, etc.

In no event shall either VectorUSA or the Customer be liable to the other for any indirect, special, punitive, exemplary, incidental or consequential damages including, but not limited to, lost profits, lost business opportunities, or loss of use or equipment down time, and loss of or corruption to data) arising out of or relating to any portion of this Agreement, regardless of the legal theory under which such damages are sought, and even if VectorUSA has been advised on the possibility of such damages or loss.

Excusable Delays: VectorUSA shall not be liable for any failure or delay in furnishing maintenance or spare parts hereunder resulting from fire, explosion, flood, storm, Act of God, governmental acts, orders or regulations, hostilities, civil disturbances, strikes, labor difficulties, difficulty in obtaining parts, supplies, or shipping facilities, inability to obtain or delays in obtaining suitable material or facilities required for performance, temporary unavailability of qualified personnel, failure by Customer to provide full and appropriate access to the covered Equipment, failure of monitoring hardware or software, Customer Internet connection failure, or other causes beyond VectorUSA' s reasonable control.

Exclusions: THIS AGREEMENT DOES NOT INCLUDE THE REPAIR OR REPLACEMENT OF ANY HARDWARE PRODUCT, OR ANY SOFTWARE LICENSING EXCEPT SOFTWARE INSTALLED AND USED EXCLUSIVELY BY VECTOR USA TO PROVIDE MONITORING AND REPORTING SERVICES. Charges for the above will be on a Time and Materials basis. The Customer is advised to maintain hardware warranties on covered equipment at their own discretion and expense. Customer is responsible to assure all software used by the Customer is appropriately licensed.

Confidentiality. Publication and Non - Compete: VectorUSA and the Customer agree that any and all information identified by the other as " Confidential" and or " Proprietary", or which, under all of the circumstances, ought reasonably to be treated as Confidential and / or Proprietary, will not be disclosed to any third person without the express written consent of the other party. Confidential Information includes, but is not limited to, information about the respective entities' products and services, information relating to purchasing, accounting, pricing, marketing and customers not generally known in the business in which the entity has been, is or may become engaged and which is developed by, disclosed to, or becomes known as a consequence of or through each party' s relationship with the other. Confidential Information does not include any information or development: ( i) which is or subsequently becomes available to the general public other than through a breach by the receiving party; ( ii) which is already known to the receiving party before disclosure by the disclosing party; ( iii) which is developed through the independent efforts of the receiving party; or ( iv) which the receiving party rightfully receives from third parties without restriction as to use. Upon the expiration of the term of this Agreement, VectorUSA shall, and shall instruct its agents to whom Confidential Information was disclosed pursuant hereto, continue to treat as confidential and preserve the confidentiality of all Confidential Information received from the Customer.

Neither VectorUSA nor Customer shall directly or indirectly, solicit, recruit or hire any Customer or VectorUSA personnel, whether or not such personnel performed work for the Customer, during the term of this agreement and for a period of one ( 1) year after the termination of this agreement. The provisions of this Section shall survive the termination or expiration of the Agreement.

Assignment: This Agreement may not be assigned by either the Customer or VectorUSA without the prior written consent of the other party. Except for the prohibition on assignment contained in the preceding sentence, this Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties hereto.

Prevailing Wage: Unless specifically stated in the scope of work VectorUSA has based this proposal on non - prevailing wage labor rates. If we are informed or it is determined later that the project is subject to prevailing wage rates for the performance of the public work portion of the contract, VectorUSA will submit those changes / additional costs that the project may incur will be address in the form of a written change order. 91 VRN 127064- 004
Software and Operating System Errors: This Agreement is limited to services specifically defined in this Agreement. It is the responsibility of the Customer to ensure that all of its files are adequately backed up and that all necessary materials are available, including manufacturer recovery media for software and other software to be reloaded. In no way is VectorUSA liable for defects or " bugs" in software, or for correcting errors introduced into the data, programs, or any other software due to hardware failure, or for any cost of reconstructing software or lost data. Any technical support required to restore data integrity or to make the system function, such as, but not limited to, rebuilding corrupted records, examining files, re -installation of 0 / S or Software, or re -indexing databases, will be billed separately on a Time and Materials basis.

Applicable Law: This Agreement shall be governed by the laws of the State of California. It constitutes the entire Agreement between the Customer and VectorUSA. Its terms and conditions shall prevail should there be any variance with the terms and conditions of any order submitted by the Customer for the repair or maintenance of the Equipment in the Equipment.

Either party may terminate this Agreement at any time for failure of the other to comply with any of its Terms and Conditions.

The Customer represents that he is owner of the Equipment subject to this Agreement or if not the owner, he has authority to enter into the Agreement.

Scope of Agreement: If the scope of any of the provisions of the Agreement is too broad in any respect whatsoever to permit enforcement to its full extent, then such provisions shall be enforced to the maximum extent permitted by law, and both the Customer and VectorUSA hereto consent and agree that such scope may be judicially modified accordingly and that the whole of such provisions of this Agreement shall not hereby fail, but that the scope of such provisions shall be curtailed only to the extent necessary to conform to the law.

Integration Clause: This instrument contains the entire agreement between the parties hereto and supersedes any and all prior written and / or oral agreements. This Agreement may be altered or modified only in writing signed by the parties hereto.

Sales Tax: Sales Tax shall be calculated and billed based on the effective tax rates at the date of invoice.

Payment and Termination: All payments are due net 30 from the date of invoice. VectorUSA reserves the right to stop work, delay delivery of services and / or products for failure by customer to pay within terms of this agreement. VectorUSA reserves the right to deem this contract in default immediately and terminate it if the payment is delinquent more than thirty ( 30) days. If customer is in default in the payment of the Agreement charge( s) and fails to cure such default within ten ( 10) days after receiving written notification of such default, the Customer agrees to pay reasonable collection costs, late charges and or Attorney Fees. Late charges, if levied, shall be assessed at 1.5% monthly or 18% annually.

Contract: Unless otherwise agreed upon in writing this contract will be executed as a fixed price contract..

Price Guarantee: Due to the volatility in markets affecting material costs across all product lines we can only guarantee material costs for 30 days unless otherwise specified. If a purchase order is not received within the guaranteed window any increases will be addressed through a new proposal and / or change order.

Lead Time Disclaimer: Lead times on material orders are verified at the time we submit our proposals based on our understanding of the anticipated project period of performance. With the current volatility in the market driven by supply and demand those lead times cannot be guaranteed past the date of the proposal. Lead times will be refreshed once a purchase order is received and if any items have lead times that impact the project timeline a Stakeholder notification will be sent. If needed alternative " equivalent' products may be discussed and if agreed upon substituted to maintain the desired period of performance
Indemnification: The Parties agree to hold each other, their employees, officers, directors, affiliates, and agents harmless from and to defend and indemnify each other from and against any and all claims, actions, disputes, fines, penalties, liquidated damages, reasonable legal costs, or other loss or liability arising from the negligent acts or omissions of the Party, its employees, officers, directors, affiliates and agents under this Agreement. .

Acceptance of Order: This quote is valid for 30 days. The prices, specifications and conditions are satisfactory and are hereby accepted. VectorUSA is authorized to do the work as specified. Signature and Purchase Order due upon acceptance.

Materials:

Labor:

Tax:

Job Total
Prepared For City of Fontana
Customer Signature
Printed Name
Date
1, 406, 274. 14
110, 855. 97
1, 517, 130. 11
Prepared By
VectorUSA Signature
Printed Name
Date
Scott Shiffer
92 8353 Sierra Avenue
City of Fontana
Fontana, CA92335
Action Report
City Council Meeting
File #: 25- 0549 Agenda Date: 10/ 28/ 2025
Agenda #: E. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve Amendment No. 1 to Task Order No. 2 ( DE-24- 195-SQ) with NV5, Inc. for Plan Check, Map Check, and WQMP Review Services
RECOMMENDATION:

Approve and authorize the City Manager to execute Amendment No. 1 to Task Order No. 2 ( DE-24- 195- SQ) with NV5, Inc. in the amount of $ 180, 000, and an amended Task Order total of $ 279, 000 for additional plan check, map check, and WQMP review services.

COUNCIL GOALS:

To invest in the city' s infrastructure ( streets, sewers, parks, etc.) by providing for the development of new infrastructure.

DISCUSSION:

On June 25, 2024, the City Council approved the Pre -Qualified Firms List to provide professional engineering services and authorized the City Manager to execute a Master Agreement with selected firms on an as -needed basis for a period of five ( 5) years from approval. Subsequently, the City and NV5, Inc. entered into a Master Agreement that included map checking, engineering plan checking, hydrology/ hydraulic studies, and WQMP checking services.

Due to staffing shortages and a high volume of plan review requests, an amendment in the amount of 180,000 is requested to the existing task order of $ 99,000 to provide timely plan check review services.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $ 180, 000 and is included in the 2025- 26 budget in the General Fund ( Fund 101), in accounts 10137404- 8116 in the amount of $ 60, 000, 10137404- 8130 in the amount of $ 60, 000, and in the Storm Water Compliance Fund ( Fund 125) in account 12537401- 8130 in the amount of $ 60, 000.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 10/ 22/ 2025
p , ver d by u,js i m "
93 Docusign Envelope ID: CBC03425- EFF4- 4BD2- 9E54- 7FD426FD9C11 Consultant:

NV5, Inc.
mom"

CITY OF FONTANA
IMri.

STANDARD TASK ORDER FORM
Task Order #: 2
Contract No.: DE- 24- 195- SQ
Date: 07/ 01/ 2025 1Budget No.: 12537401. 8130
Proposal Bid No.: DE- 24- 195- SO
10137404. 8130
Task / Project Name:

Plan Checking Services, Map Checking
Services, WQMP Review
Description of Services:

To provide On -Call Plan Checking Services, Map Checking Services, WQMP Review for Fiscal Year 2025- 2026.

Estimated Start Date: 07/ 01/ 2025
Estimated End Date 06/ 30/ 2026
Dollar Amount of Task Order: Not to exceed $ 99, 000. 00 Scope of Work, Deliverables, Project Milestones, Schedule of Services: See Exhibit( s) Note: Consultant will be required to commence work within five days of receiving a fully executed Task Order.

RVPUB\ PKNOX\ 729481. 1 ( V8/ 22)
624
Docusign Envelope ID: CBC03425- EFF4- 4BD2- 9E54- 7FD426FD9C11 The Consultant is hereby authorized to perform the following task order subject to the provisions of the Contract identified in the Professional Agreement Contract Number: DE- 24- 195- SQ
CITY OF FONTANA NV5, Inc.

By: f.. If{" C. L$gL.11JAhVX By:

City Manager
Required if Over $ 50, 000)
Attest:

By: Mir 1n By:

DeputyCity Manager
OR By: pia 6M
Department of Engineering
9av79 ? c? 9C-n", 5

IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION POLICIES/ PROCEDURES t,Si(A bf6WIA. SJ (AA u
Finance Purchasing Office
Attestation of Consultant' s signature must be obtained when required by the by- laws, articles of incorporation or other laws, rules or regulations applicable to Consultant' s business entity.

RVPUB\ PKNox\ 729481. 1 ( v8/ 22)
I 625
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25- 0568 Agenda Date: 10/ 28/ 2025
Agenda #: F. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve a Rip -Rap Maintenance Easement with Southern California Edison (" SCE") Company near Sierra Avenue & Coyote Canyon Road ( formerly Lytle Creek Road) for 1-15 Logistics ( Caprock) RECOMMENDATION:

Approve and authorize the City Manager to execute the Easement with Southern California Edison SCE) Company.

COUNCIL GOALS:

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

To invest in the City' s infrastructure ( streets, sewers, parks, etc.) by providing for the development of new infrastructure.

DISCUSSION:

On June 2, 2020, the City of Fontana Planning Commission approved MCN No. 15-078 and Design Review No. 16-003 to consolidate twelve parcels into two parcels and a remainder parcel, totaling approximately 83 acres for the development of a new commerce building totaling approximately 1,171,788 square feet. To adhere to the Conditions of Approval, the developer is constructing storm drain improvements along Coyote Canyon Road ( formerly Lytle Creek Road) near Sierra Avenue.

As part of the project' s storm drain improvements, the developer designed riprap to mitigate flows within the SCE area. Consequently, the developer must obtain an easement from SCE and secure California Public Utilities Commission ( CPUC) approval for these improvements to enable City maintenance.

FISCAL IMPACT:

There is no fiscal impact associated with approving a Rip -Rap Maintenance Easement. Funding for the maintenance work is included in the FY 2025- 2026 budget under the Public Works & Engineering Department, Utilities and Streets Division.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 10/ 22/ 2025

RECORDING REQUESTED BY

SOUTHERN CALIFORNIA EDISON COMPANY

RECORDING REQUESTED BY

SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY, 2ND FLOOR
POMONA, CA 91768
ATTN: TITLE 8s REAL ESTATE SERVICES
Grant of Easement
Location: City of Fontana
APN: 0239- 092- 08
V& LM File No: GRT204312835 SCEDocument: 267880

SPACE ABOVE THIS
LINE FOR RECORDER'S USE DOCUMENTARY TRANSFERTAX $

COMPUTED ON FULL
VALUE OF PROPERTYCONVEYED Serial No. 73647A
Service Order: 802369802

APPROVEDOR COMPUTED
ON

FULLVALUE LESSLIENS AND VEGETATION & LAND ENCUMBRANCES REMAINING AT TIME OF SALE MANAGEMENTSO. CALIF. EDISON
CO. BY SF DATE
09/ 23/ 2025 SIGNATUREOF DECLARANTOR AGENTDETERMINING TAX FIRM NAME SCE Law Approved:

CKK This Grant of
Easement ("Agreement") datedfor reference purposesas of ( date), is enteredinto by and betweenSOUTHERNCALIFORNIAEDISON COMPANY, a corporation, hereinafter called "Grantor" and City of Fontana, a municipalcorporation, hereinaftercalled Grantee." RECITALS WHEREAS, Grantor
is
the fee ownerof that certain realpropertylocated in the City of Fontana, Countyof San Bernardino, California, more particularly described on Exhibit A and depicted on Exhibit B (" EasementArea"), both of which is attachedhereto andincorporatedherein by this reference; and WHEREAS, Grantor and
Grantee desire to enter into this Agreementfor the purpose of establishinga maintenance and accesseasement for rip - rap purposesin, on, along and acrossthe EasementArea. NOW, THEREFORE, for
good and valuableconsideration, the receipt and adequacyof whichare herebyacknowledged, Grantorand Grantee hereby agreeas follows: AGREEMENTOn and subject
to the terms, conditions, restrictionsand reservations set forth herein, Grantordoes hereby grant to Grantee, and its successors and assigns, a nonexclusivemaintenanceandaccess easement in, on, under, over, alongand across the EasementArea for the purposesof maintaining, replacing and repairing of existingrip - rapon the EasementArea ("Easement"). The Easementis madesubject to the following termsand conditions: 1. The Easement is grantedsubject to the right of Grantorto construct, maintain, use, operate, alter, add to, repair, replace, reconstruct, enlarge and/ or remove in, on, over, under, through, along and across the EasementArea, electrictransmission and distributionlines and communication lines, together with supportingstructures and appurtenances, for conveyingelectric energyfor light, heat, powerand communicationpurposes, and pipelines and Sheet of City Index No.
626597
Grant of Easement
S. C. E., a corporation to
City of Fontana,
Serial No. 73647A
V& LM File No.: GRT204312835
Affects SCE Document( s): 267880
appurtenances for the transportation of oil, petroleum, gas, water, or other substances, and conduits for any and all purposes. The Easement shall be exercised so as not to unreasonably endanger or interfere with the construction, maintenance, use, operation, presence, repair, replacement, relocation, reconstruction or removal of such electric transmission, distribution or communication lines, pipelines, or other conduits of Grantor.

2. Grantor shall have access to its facilities, consistent with the nature of a non- exclusive easement.

3. Grantor shall not erect or place at any future time any of its facilities so as to unreasonably interfere with the rights of Grantee created by this Agreement.

4. Grantee agrees to hold harmless and indemnify Grantor to the fullest extent to which it can legally do so, from and against all claims, liens, encumbrances, actions, loss, damage, expense and/ or liability arising from or growing out of loss or damage to property, including Grantor' s own property, or injury to or death of persons, including employees of Grantor, resulting, directly, by reason of the exercise of the Grantee' s rights hereby granted; provided, however, that this covenant shall not apply in those instances where such claims, liens, encumbrances, actions, loss, damage, expense and/ or liability arise from Grantor' s sole negligence or willful misconduct.

5. Grantee agrees that in the exercise of its rights hereunder, its contractors, employees and other agents will maintain a minimum clearance of thirty- five ( 35. 00) feet between their equipment and any and all overhead electric conductors.

6. Grantor reserves for itself the right to trim any tree or trees which may grow in or on the above described Easement Area and which, in the opinion of Grantor, endanger or interfere with the proper operation or maintenance of said electric transmission, distribution and communication lines, to the extent necessary to prevent any such interference or danger.

7. The above described Easement Area is to be used only for the purposes specified herein and in the event:
a. the Easement Area is not so used;
b. the Easement Area is vacated as a rip - rap right of way; or c. the project for which this Easement is being granted is abandoned, the Easement shall thereupon, revert to and merge in the interest of Grantor in the above described real property.

8. Upon termination or reversion of the rights herein granted, Grantee shall execute and deliver to Grantor, within ninety ( 90) days after service of a written demand therefore, a good and sufficient quitclaim deed to the rights herein given. Should Grantee fail or refuse to deliver to Grantor a quitclaim deed, as aforesaid, a written notice by Grantor reciting the failure or refusal of Grantee to execute and deliver said quitclaim deed as herein provided and terminating this Easement shall, after ten ( 10) days from the date of recordation of said notice, be conclusive evidence against Grantee and all persons claiming under Grantee of the termination or reversion of the rights herein given.
2 Sheet of
City Index No. 6265
98 Grant of Easement
S. C. E., a corporation to
City of Fontana,
Serial No. 73647A
V& LM File No.: GRT204312835
Affects SCE Document( s): 267880

9. As a controlling part of the consideration for the execution and delivery of this instrument by Grantor, the Easement is accepted upon and subject to the express condition that rip - rap ( which may also be referred to herein as " Improvement",) for which the Easement is given, regardless of the time performed, shall be done without any cost or expense whatsoever to Grantor, and that in the event a special assessment or assessments is or are levied by an authorized lawful body against the real property of Grantor for the Improvement, Grantee agrees that it will reimburse Grantor and it shall be the binding obligation of the Grantee to reimburse Grantor for the full amount of any and all such special assessment or assessments so levied for said Improvement and paid by Grantor.

10. Also as a controlling part of the consideration for the execution and delivery of this instrument by Grantor, Grantee covenants, for itself, its successors and assigns, to construct and maintain the Improvement to be located on the Easement Area at its own expense. Grantee agrees to comply with all applicable federal, state and local laws and regulations

11. Grantee hereby recognizes Grantor' s title and interest in and to the above described Easement Area and agrees never to assail or resist Grantor' s title or interest therein.

12. Any earth fill placed by Grantee within the boundaries of the above described real property shall have a relative compaction density of ninety percent ( 90%).

13. Grantee agrees that all construction equipment, when not in use, shall be parked clear of Grantor' s right of way and/ or rendered immobile.

14. Grantee agrees that it will reimburse Grantor for the full amount of any and all special assessment or assessments levied for curbs, driveways, sidewalks and/ or other improvements which may at any time be installed at this location, which special assessment or assessments have been paid by Grantor.

15. Grantee agrees that no additional structures will be installed on the above described Easement Area.

16. Grantee agrees not to store flammable materials nor store any vehicle on the above described Easement Area.

17. This Agreement shall not become effective unless and until it is approved by the California Public Utilities Commission (" CPUC") pursuant to and in accordance with Public Utilities Code Section 851. Grantor reserves the right to cancel and revoke this easement should the CPUC not approve the easement or if it imposes conditions on this easement or the granting of it that are unacceptable to Grantor.

THIS SPACE LEFT INTENTIONALLY BLANK; SIGNATURE PAGE TO FOLLOW) 3 Sheet of
City Index No. 6265
99 Grant of Easement
S. C. E., a corporation to
City of Fontana,
Serial No. 73647A
V& LM File No.: GRT204312835
Affects SCE Document( s): 267880
IN WITNESS WHEREOF, said Southern California Edison Company has caused this instrument to be executed this day of 20

SOUTHERN CALIFORNIA EDISON COMPANY,
a corporation
Monica Contreras
Real Estate Facilities Advisor
Land Management - Eastern Region
Vegetation & Land Management
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.

Signature
G
Sheet of
City Index No. 6265
100
Grant of Easement
S. C. E., a corporation to
City of Fontana,
Serial No. 73647A
V& LM File No.: GRT204312835
Affects SCE Document( s): 267880
GRANTEE, does hereby accept the above and foregoing Easement upon and subject to all of the terms, covenants and conditions therein contained, and does hereby agree to comply with and perform each and all of said terms, covenants and conditions.

DATED as of this day of
5 20
CITY OF FONTANA, a municipal corporation
By:

Name:

Title:

IN
Name:

Title:

Sheet of
City Index No. 6265
101
Grant of Easement
S. C. E., a corporation to
City of Fontana,
Serial No. 73647A
V& LM File No.: GRT204312835
Affects SCE Document( s): 267880
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.

Signature
L
Sheet of
City Index No. 6265
102
Grant of Easement
S. C. E., a corporation to
City of Fontana,
Serial No. 73647A
V& LM File No.: GRT204312835
Affects SCE Document( s): 267880
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.

Signature
7 Sheet of
City Index No. 6265
103
Grant of Easement
S. C. E., a corporation to
City of Fontana,
Serial No. 73647A
V& LM File No.: GRT204312835
Affects SCE Document( s): 267880

CITY OF FONTANA ACCEPTANCE CERTIFICATE
This is to certify that the interest in real property conveyed by the deed or grant deed dated from , to the
City of Fontana, a California Municipal Corporation, is hereby accepted by the undersigned officer pursuant to authority conferred by Resolution 91- 152 of the City Council adopted on July 16, 1991; and the grantee consents to the recordation thereof by its duly authorized officer.

By:

Gia Lam Kim, P. E.

City Engineer
City of Fontana
I3
Sheet of
City Index No. 6265
104

LEGAL DESCRIPTION
SERIAL NO. 73647A
PORTION OF APN 0239- 092- 08

SLOPE AND RIP - RAP MAINTENANCE EASEMENT
THAT PORTION OF LOT 13 OF MAP SHOWING SUBDIVISION OF LANDS BELONGING TO THE SEMI -

TROPIC LAND AND WATER COMPANY, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, FILED IN BOOK 6, PAGE 12 OF MAPS IN THE OFFICE OFTHE RECORDER FOR

SAID COUNTY, ALSO BEING A PORTION OF THAT CERTAIN PARCEL OF LAND GRANTED TO SOUTHERN CALIFORNIA EDISON BY GRANT DEED RECORDED DECEMBER 30, 1966 IN BOOK 6751, PAGE 138 AS INSTRUMENT NO. 492, OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS WITH BEARINGS BASED ON PARCEL MAP NO. 19712, FILED IN BOOK 263, PAGES 23 THROUGH 31, INCLUSIVE, OF PARCEL MAPS IN SAID COUNTY RECORDER' S OFFICE:

COMMENCING ATTHE INTERSECTION OF THE CENTERLINE OF THE REMAINING NORTHEASTERLY

70. 00 FEET OF SIERRAAVENUE WITH THE CENTERLINE OF THE 40. 00 FOOT WIDE RIGHT OF WAY OF LYTLE CREEK ROAD AS SHOWN ON SAN BERNARDINO COUNTY SURVEYOR' S MAP NO. CS- 3089, AS WELL AS ON THAT CERTAIN MAP FILED IN BOOK 171, PAGE 71 OF RECORDS OF SURVEY,

RECORDS OF SAID COUNTY, THENCE
ALONG SAID CENTERLINE OF SIERRAAVENUE, SOUTH 24014' 05" EAST, 100. 51 FEETTO A

POINT ON SAID CENTERLINE AT RIGHTANGLES FROM THE POINT OF INTERSECTION OF THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID 70. 00 FOOT WIDE REMAINDER WITH THE SOUTHEASTERLY RIGHT OF WAY LINE OFTHAT CERTAIN 60. 00 FOOT WIDE UNNAMED STREET ( NOW KNOWN AS COYOTE CANYON ROAD) BETWEEN SAID LOT 13 AND LOT 11 OF SAID MAP BOOK 6, PAGE12; THENCE

2. AT RIGHT ANGLES FROM SAID CENTERLINE OF SIERRAAVENUE, SOUTH 65 ° 45' 55" WEST,

35. 00 FEET TO SAID POINT OF INTERSECTION DESCRIBED IN THE PREVIOUS COURSE; THENCE

3. ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE OF THE 60- FOOT WIDE UNNAMED STREET NOW KNOWN AS COYOTE CANYON ROAD, SOUTH 25 ° 59' 45" WEST, 561. 13 FEET TO THE TRUE POINT OF BEGINNING; THENCE

4. LEAVING SAID SOUTHEASTERLY RIGHT OF WAY LINE, AT RIGHT ANGLES THEREFROM, SOUTH 64000' 15" EAST, 20. 00 FEET TO ALINE PARALLEL WITH AND 20. 00 FEET SOUTHEASTERLY OF SAID SOUTHEASTERLY RIGHT OF WAY LINE; THENCE

5. ALONG SAID PARALLEL LINE, SOUTH 25° 59' 45" WEST, 105. 00 FEET; THENCE CPRK115L. 0001
W. O. 802369802 NOT. 204312835
Sheet of
City Index No. 6265
P:\ C\ CPRK115L0001\ 06001NFO\ SV\ 0695Lega[ Descriptions\ Rip- Rap Easement Area 105 SERIAL NO. 73647A

6. AT RIGHT ANGLES TO SAID SOUTHEASTERLY RIGHT OF WAY LINE, NORTH 64° 00' 15" WEST,

20. 00 FEET TO SAID SOUTHEASTERLY RIGHT OF WAY LINE; THENCE

7. ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE, NORTH 25° 59' 45" EAST, 105. 00 FEET TO THE TRUE POINT OF BEGINNING.

CONTAINING 2, 100 SQUARE FEET OR 0. 048 ACRES, MORE OR LESS.

ALL AS SHOWN ON EXHIBIT " B" ATTACHED HERETO AND MADE APART HEREOF.

SUBJECT TO ANY AND ALL EXISTING MATTERS OF RECORD.

PREPARED BY ME OR UNDER MY DIRECTION:

CPRK115L. 0001
W. O. 802369802 NOT. 204312835
Sheet of
City Index No. 6265
PAMCPRK115L0001\ 0600INFO\ SV\ 0695Lega[ Descriptions\ Rip- Rap Easement Area 106

EXHIBIT
99B99
SERIAL NO. 73647A y /
IN THE CITY OF FONTANA, vG/

SAN BERNARDINO COUNTY, CALIFORNIA
PORTION OF BOOK 6751, PAGE 138, OFFICIAL RECORDS
LEGEND
COURSE PER EXHIBIT " A"
INST. = INSTRUMENT
REC' D = RECORDED
P.O. C. = POINT OF COMMENCEMENT
T. P.O. B = TRUE POINT OF BEGINNING
M. B. 6/ 12 = MAP BOOK 6, PAGE 12
R/ W = RIGHT OF WAY
C.S. = COUNTY SURVEYOR' S MAP
POR. = PORTION
LS = LICENSED SURVEYOR
O. R. = OFFICIAL RECORDS
P.M. = PARCEL MAP
PMB = PARCEL MAP BOOK
APN = ASSESSOR' S PARCEL NUMBER
NW = NORTHWEST
LEgRI09/ 2212025
ROBERT WALKER, LS 7137 DATE
SECTION 7
SECTION 18
N
O
GP
Z SECTION 18
TOWNSHIP 1 NORTH, RANGE 5 WEST

SAN BERNARDINO MERIDIAN

SEEDETAILON
CREEK
SHEET 2 OF 2
c RPARCEL 2 / mac, ,/ P. M. NO. 19712
1 P. M. B. 263/ 23- 31
cm
M. B. 6/ 12
0G
AO
PARCEL1
P. M. NO. 19712
P.M. B. 263/ 23- 31
w

PORTION)
RANCHO LINE \
RANCHO

MUSCUPIABE)
LAN
No. 7137
f
gTFOFCA\-\
G.
e
n inn
scale
1 "= 500' feet
107

EXHIBIT
99B99
SERIAL NO. 73647A

IN THE CITY OF FONTANA,

SAN BERNARDINO COUNTY, CALIFORNIA
PORTION OF BOOK 6751, PAGE 138, OFFICIAL RECORDS
100 0 100 200 \ \
scale
1 "= 100' feet P. O. C.
oCP
W

LINE TABLE
LINE # BEARING DISTANCE
L1 S65° 45' 55" W 35. 00'
L2 S64° 00' 15" E 20. 00'
L3 S25° 59' 45" W 105. 00'
L4 N64° 00' 15" W 20. 00'
L5 N25° 59' 45" E 105. 00'
LEGEND
P.O. C.

T. P. O. B
R. S. 171/ 71
APN 0239- 091- 09 / 1
O
l'
gRiFs / pR

POINT OF COMMENCEMENT /

TRUE POINT OF BEGINNING
h
EASEMENT AREA h
2, 100 S. F. OR 0.048 AC.

Q
POR. LOT 11 / per o Q
M. B. 6/ 12 ,. Z\-o _ POR. LOT 13 /
APN 0239- 091- 09 4` CO "
o •
M. B. 6/ 12
O =_
APN 0239 092 08
0 '' /

Z J N /
C)\/ s ,
A
30' & / 51
n LAND
J ° 5 /
No. 7137
F CAS
09/ 22/ 2025
WALKER, LS 7137 DATE
108
Rip - Rap Easement Location
109
8353 Sierra Avenue
City of Fontana
Fontana, CA92335
Action Report
City Council Meeting
File #: 25- 0571 Agenda Date: 10/ 28/ 2025
Agenda #: G. Category: Consent Calendar
FROM:

Innovation & Technology
SUBJECT:

Authorization to Donate Computer Equipment to the Affordable Housing - Paseo Verde Apartments Community Computer Lab
RECOMMENDATION:

Adopt Resolution No. 2025- 102, authorizing the donation of surplus computer equipment - ten ( 10) desktop computers and ten ( 10) monitors -to the community computer lab at the Affordable Housing - Paseo Verde Apartments and authorizing the City Manager or designee to execute any documents necessary to complete the transfer.

COUNCIL GOALS:

Increase citizen involvement by utilizing technology to promote communication and linkages in the community.

DISCUSSION:

The Innovation and Technology ( IT) Department has identified ten computers and ten monitors that have exceeded their useful life within the City' s computing environment and are scheduled for disposal through auction. Staff recommends donating this equipment instead to the Paseo Verde Apartments community computer lab, where it will provide residents -many of whom do not have computers at home -access to updated equipment for schoolwork, job searches, and essential online services.

The equipment will be transferred to the Paseo Verde Apartments community computer lab Center"). The Center will assume responsibility for installation, maintenance, software licensing, internet connectivity, and ongoing technical support. Following the transfer, the City shall have no responsibility for operation, upkeep, or future replacement of the donated equipment.

This donation supports digital inclusion and access to essential services for residents, aligns with community engagement goals, and provides a higher public benefit than auctioning minimal -value equipment.

FISCAL IMPACT:

There is no fiscal impact associated with the donation. The equipment has no remaining book value and would otherwise be auctioned. All ongoing costs ( maintenance, support, software, and connectivity) will be borne by the recipient.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 10/ 22/ 2025
RESOLUTION NO. 2025- 102

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,

CALIFORNIA, AUTHORIZING THE DONATION OF COMPUTER
EQUIPMENT TO THE AFFORDABLE HOUSING — PASEO VERDE

APARTMENTS COMMUNITY COMPUTER LAB
WHEREAS, the City of Fontana Information Technology Department has identified ten ( 10) desktop computers and ten ( 10) monitors that have exceeded their useful life in the City' s computing environment; and
WHEREAS, absent this action, the equipment would be disposed of through surplus auction; and
WHEREAS, the City desires to support digital inclusion and access to educational, employment, and essential online services for residents of the Affordable Housing — Paseo Verde Apartments; and
WHEREAS, the donation of the equipment provides a greater public benefit than auctioning such items; and
WHEREAS, the recipient will assume all responsibility
maintenance, licensing, connectivity, and ongoing support and the further obligations after transfer.
for installation,
City will have no
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, California, as follows: the City Council of the City of Fontana hereby authorizes the donation of ten ( 10) desktop computers and ten ( 10) monitors to the community computer lab at the Affordable Housing — Paseo Verde Apartments and authorizes the City Manager or designee to execute all documents necessary to effectuate the donation.

Section 1. Recitals. The above recitals are true, correct and by this reference incorporated herein.

Section 2. Findings/ Approvals. City Council hereby approved the donation of 10 desktop computers and 10 monitors to be used in the Paseo Verde Apartments center computer lab.

Section 3. Effective Date. This resolution shall become effective immediately upon approval by the City Council.

Section 4. Severability. If any provision of this Resolution 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 Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.

111
Resolution No. 2025- 102
Section 5. Certification. The City Clerk shall certify to the adoption of this Resolution.

Section 6. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Resolution 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.

APPROVED AND ADOPTED this 28t" day of October, 2025.

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 at a regular meeting held on the 28t" day of October 2025, 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

112
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25- 0572 Agenda Date: 10/ 28/ 2025
Agenda #: H. Category: Consent Calendar
FROM:

Public Works
SUBJECT:

Award Bid for Ralph M. Lewis Sports Park Artificial Turf Installation for Fields 1 & 2 ( PW- 26- 36- SB) RECOMMENDATION:

Award bid and authorize the City Manager to execute a construction contract with FieldTurf Inc, USA for Ralph M. Lewis Sports Park Artificial Turf Installation for Fields 1 & 2 in the amount of 423, 613. 86 and authorize a 10% contingency in the amount of $ 42, 362. 00 ( PW-26- 36-SB).

2. Authorize the City Manager to execute any related items on the behalf of the City of Fontana for Ralph M. Lewis Sports Park Artificial Turf Installation for Fields 1 & 2 ( PW- 26- 36- SB).

COUNCIL GOALS:

Invest in the City' s infrastructure ( streets, sewers, parks, etc.) by maintaining and improving the city' s existing infrastructure.

DISCUSSION:

The artificial turf fields at Ralph M. Lewis Sports Park were last replaced in 2015. Since then, the original 8-year warranty period has expired, and they are nearing the end of their expected service Iife.

On July 22, 2025, the City Council approved the purchase of new replacement artificial turf materials for fields 1 & 2 at Ralph M. Lewis Sports Park. The installation of those materials requires a competitive process. This contract ( PW-26-36- SB) is for the labor and installation of those materials and includes the removal and proper disposal of the existing artificial turf. These fields are scheduled to be replaced in early 2026 to avoid conflicts with scheduled games.

On September 23, 2025, at 2: 00pm, the bids for this contract were opened. A total of two ( 2) bids were received ranging from $ 423, 613. 86 to $ 888, 980. 00. FieldTurf Inc., USA is the lowest bidder in the amount of $ 423, 613. 86. The engineer' s estimate was $ 422, 000. 00. After reviewing the bid responses, Purchasing Department and Public Works staff have determined FieldTurf Inc., USA to be the lowest responsive and responsible bidder.

FISCAL IMPACT:

The total fiscal impact for this contract is $ 465, 975. 86. Funding is included in the Fiscal Year 2025- 2026 operating budget in Org# 60437000. 8130.

City of Fontana Page 1 of 2 Printed on 10/ 23/ 2025
p , ver d by u,js i . '
113
File #: 25- 0572 Agenda Date: 10/ 28/ 2025
Agenda #: H. Category: Consent Calendar
MOTION:

Approve Staff Recommendation.

City of Fontana Page 2 of 2 Printed on 10/ 23/ 2025
pu,),wTiflby mystar' 114
Bid Results
Ralph M. Lewis Sport
Artificial Turf Installation for Fields 1 & 2
PW- 26- 3 6- SB
FieldTurf Inc. USA
Calhoun, GA
Greenfield Management
Hacienda Heights, CA
4231613. 86
Clit, d I"oi t riu I', go 1 M I I
I.II M, I cv, i" I ofU, I' fk AI MI,;1@II 11lirv,l) Ild1I"I I on I i') I(k I,", , I' l,/ I') I' IJ+l0o' 2 W. 0- ?'.00 1 hi (I' D I) I [ 111W1 YAL( 1i )', d idl iWt": aJ Project
Title Ralph M. LewisSports Park ArtificialTurf Installationfor Fields1 & 2 Invitation # PW- 26- 36- SB Bid
PostingDate 08/ 28/ 20258: 04PM (PDT) Project
Stage Award PendingBid
Due Date 09/ 23/ 20252: 00PM (PDT) Response
Format Electronic only Link
to Projecthttps:// vendors.planetbids.com/ portal/1439` V/ bo/bo- detail/133332Reference ID Project
Type Bid Response
Types Line Items Subcontractor
Bid
BondGeneral
AttachmentType
of AwardLump Sum Categories
96800 - Public Works And RelatedServices License
Class " D- 12" or " C- 27" SpecialtyContractor' s License. Requirements Restriction
None Restricted
To Department
Purchasing Address
8353 Sierra Ave Fontana,
California 92335
County
San BernardinoBid
Valid90 DaysLiquidated
Damages One thousandDollars ($ 1, 000.00) per day for eachand everycalendarday of delaybeyondthe ContractTime OF beyondany completionschedule Engineer'
s Estimate424, 000. 00 Estimated
Bid Value424, 000. 00 Start/
DeliveryDate Project
Duration Prevailing
Wage Yes Cooperative
Bid No Piggy-
backableNo eBid
Notes Bid
Bond10% Payment
Bond 100% Performance
Bond 100% f..
i CdI AEEktli "I gV "'i F0 ) 1 a0n Pre -
Bid MeetingNo Online
Q& A Yes Q&
A Deadline09/ 16/ 20252: 00PM (PDT) i,:

Nc Pjl . Il rrnI1at. Ci..JIIi 116
Clt, d FoIIU, I )u
P'N1,11k/1 I cv, I ` I ofU, I' mik AI Mi, irlI I I' I1 iw,l) Ibliol ion I w1d, I,", I M, I') 1,100 11i f (' 11Oo' 2 W. 0- 00 I ' 1\/ ( P D I) 111W VYAL 11, Contact Info Ticha LoeFa 909- 350- 6696
tloeFa@fontanaca. gov
Bids to
Owner' s Agent
Scope of Services A. It shall be the responsibility of the synthetic grass installer to provide all labor, materials, equipment, and tools necessary for the removal and proper disposal of the existing synthetic turf, and the complete installation of the FieldTurf synthetic turf field provided by the City as indicated on the plans and as specified herein. The installation of all materials shall be performed in strict accordance with the manufacturer' s installation instructions and in accordance with all approved shop drawings.

B. The owner is responsible for providing the FieldTurf synthetic turf field materials for the project. The contractor is responsible for providing the labor and installation of the City provided materials.

Other Details
Notes
Special Notices
Local Programs &
Policies
File Title
Bid Specifications
Exhibit I - Location Exhibit of Ralph M. Lewis Park
Exhibit 2 - Field 1
Exhibit 3 - Field 2
Addendum No 2 Revised Bid Sheet
Download Cost $ 0. 00
File Name
Bid Specifications- PW-26-36-SB Ralph M. Lewis AFtifical TUFf.pdf Exhibit - Location Exhibit RML Park (4). pdf
Exhibit - Ralph Lewis Park - Field 1 - Presentation - 00033487 ( 4).pdf Exhibit - Ralph Lewis Park - Field 2 - Presentation - 00033488. pdf Addendum No 2 - Revised Bid Sheet. pdf
Status
On Server
On Server
On Server
On Server
On Server
117
L M, I cv, i ofU, I' mik AIlili, i lI I 11lirv,l) Ib1i" n I on I w1d, I,", IM,.. 21, It `, I') 1,100I1i, f ii Oo' 2 W. 0- A'.001 hi ( I' U..L.) geo3 M I I
111 l 1 YAL( 1i ,
Item # Item Code Section
1 Section 1
2 Section 1
Type Description
Ralph M. Lewis Sports Park Artificial Turf — Field 1
Ralph M. Lewis Sports Park Artificial Turf — Field 2
UOM Qty Reference Unit Price
LS 1
LS 1
118
C lit' d I"oit Ii' I' ojo0MII
I' II M, I cv, i" I ofU, I' fk AI MI,;I I 111li ' d) d1I"I I ') I I IfJ'fs I,", , I' l,/ I') blJ+ lOo' 2 W. 0- ?'.00 1 hi (PD I) I [ 111W1 YAL( 1i )'' Agency Notifications244 City of Fontanavendors notified 08/
28/ 2025 8: 04PM ( PDT) 242 vendorsnotified using
Criteria Category: 96800 -
Public Works And RelatedServices Vendors
16th & G AgencyCorp, DBA The ROWCompany (812227) ABC
ResourcesInc ( 102220) Acmebag
Co. Inc. (1134160) ADVANTEC
Consulting Engineers, Inc. ( 360651) Aghapy
Group Inc. ( 412831) AIM
ConsultingServices ( 472645) AIMS/
PVIC CA, LLC ( 812477) Albert
A. WebbAssociates (21653) Alert
Power Washing (21662) Alfred
Signs ( 28454) All
AroundUndergroundContractors ( 21667) Alta
Planning + Design, Inc. ( 216058) American
Construction Management & Eng. Inc. ( 21594) ANM
ConcreteConstruction inc ( 1069050) Annealta
Group ( 410082) AquaBio
EnvironmentalTechnologies, Inc. ( 212622) Ardurra
Group, Inc. ( 464034) Aria
4 ConstructionInc. ( 724614) Armorock (
478093) Asphalt
Impressions (1623761) athens
services ( 102059) Aufbau
Corporation (513357) Bali
Construction, Inc. ( 310291) BALTAZAR
CONSTRUCTIONINC. ( 1069766) Best
Drillingand Pump, Inc. ( 523343) Biggs
Cardosa Associates ( 383358) Birdi
And Associates,inc ( 215332) Blackpointe
Group Constructionand Management, Inc. ( 1532717) Blois Construction, Inc. ( 21888) Brandon
Davis ( 21902) Brite
Nites, Inc. ( 1287016) California
Property Specialists, Inc ( 21983) California
State UniversitySan Bernardino (391548) Caltec
Corp. ( 21998) Calvada
Surveying (22000) Cardinal
Sheet Metal, Inc. ( 32676) Catt
Construction (1217473) Charles
King Company (22042) Chrisp
Company (22052) City
of Fontana - Engineering (22062) City
of Fontana - Purchasing (22067) Clark
Land ResourcesInc. ( 406186) Clear
Creek AssociaLes ( 232733) CMC
FontanaSteel ( 22095) Color
New Corp ( 1552879) Color
Tech Painting (22111) Compendium
International, Inc. ( 476158) Computer
Service Company (261848) Condon -
Johnson & Associates, Inc. ( 22135) 119
C lit' d FollU, I ° iMII
l.II M, l cv, i" I o[U' I' ofk AliM1,;iel l 10lirv' a)Ia1ioi I on I wkk I N M, `, I') b10011l( f ( li OW) W. 0- ?'. Q01 hi ( I ' I I I [ 111W 1 YAL( 1i )'' Continental Plumbing, Inc. ( 1187839)
Cordoba Corporation ( 1195961)
Cujo Construction Inc. ( 1359744)
Dalke & Sons Construction Inc ( 22228)
David Volz Design Landscape Architects, Inc. ( 383035)
DBX, INC. ( 22244)
Del Mar Floor Covering, Inc. ( 1067253)
Demo & Abate Inc. ( 1188128)
Demo Unlimited ( 146SO43)
Diamond General Contractors ( 22278)
Diversified Landscape Management Inc ( 22291)
DOJA, Inc. ( 22304)
Dominguez General Engineering, Inc. (479178)
Dugan Construction Co. ( 22316)
E. E. Electric, Inc. ( 320634)
EBS General Engineering, Inc. ( 22378)
ECI ( 22348)
Environmental Construction, Inc. ( 643808)
Environmental Managment Techologies ( 22423)
EPower, LLC. ( 782362)
Everfield Consulting, LLC (260013)
Evoqua Water Technologies, LLC ( 404599)
Executive - Suite Services, Inc. ( 433516)
Famcon Pipe & Supply, Inc ( 491304)
FCS GROUP ( 22476)
Fedex Office ( 22479)
Filice Enterprises, Inc. ( 354794)
Final Touch Construction ( 444863)
Fireblast Global ( 1261619)
Flatiron Electric Group, Inc. ( 22498)
FORMA Design, Inc. ( 519696)
g hurtado construction inc ( 58204)
Carney Pacific, Inc. ( 1188730)
Geocon West, Inc. ( 22557)
Gexpro ( 22563)
Gierlich- Mitchell, Inc. ( 102714)
GMC Engineering, Inc. ( 22546)
Golden Bay Painting ( 1446441)
Golden Bell Products ( 615441)
Grace Building Maintenance Co, Inc ( 22596)
Greenfield Fence, Inc. ( 394867)
Griffith Company ( 646826)
GTA Construction Inc ( 22625)
GTS Development ( 1242653)
Guerrero Construction Corp ( 22628)
Guida Surveying Inc. ( 22629)
HammerHead Trenchless ( 443414)
Hands Construction Corp ( 1643405)
Hoffman Management and Construction Corporation ( 421322) HomeServe USA Corp ( 403926)
Houston & Harris PCS, Inc. ( 199330)
Hunsaker & Associates, Inc. ( 22724)
Hunt Ortmann ( 199791)
IAC Engineering ( 22731)
imperial pipe ( 708215)
Innedine Engineering Inc. ( 529306)
Innovative Construction Solutions ( 1305449)
Integrated Demolition and Remediation Inc. ( 512241)
Integrity Rebar Placers ( 22797)
Interwest Consulting Group, Inc. ( 223297)
Irish Construction ( 22819)
120
Clit' d I"oi t Ii' I' ojo M I I
I' II M, I cv, i ` I onU, I' fi( AI Mi,;I I I it li ' d) d1I"I I ') I IfJ'fs I,", , I' l,/ I') blJ+ lOo' 2 W. 0- ?'.00 1 hi (I' D I) I [ 111W1 YAL( 1i )'' ITF & Associates, Inc. ( 128344) J.

McLoughlinEngineering Co., Inc. ( 22833) James
McMinn, Inc. ( 677219) JFL
Electric, Ic. ( 22857) JIG
Consultants (441580) JM
BuildersInc. ( 22864) John
M. CFukshankConsultants, Inc. ( 22874) Jose -
ManuelMendozaConsulting Services ( 1201834) JTB
SupplyCo., Inc ( 256545) Kiewit
InfrastructureWest Co. ( 349274) Kingmen
Construction, Inc. ( 1307707) KPRS
Construction (22931) Kvanly (
549958) LA
Consulting (381349) Ladayu
ConsultingGroup ( 1180589) Langan
Engineeringand EnvironmentalServices Inc. ( 396762) LEE & RO, Inc. ( 128357) Lehrer
Architects (1397323) Lopez
Bros. INC. ( 1254268) Los
AngelesEngineering, Inc. ( 23016) Los
AngelesSignal Construction, Inc. ( 23017) M &
B Guengerichcleaning services ( 23027) M.

S. ConstuctionManagement Group ( 312213) Macro-
Z- Technology (476646) Main
Street Signs ( 28319) malier
contractor's inc (23049) Mamco,
Inc ( 23051) Manhole
Construction Specialists, Inc. ( 23054) Matich
Corporation (23074) McCain,
Inc. ( 293765) megt
architerra (425846) Mehta
MechanicalCompany Inc. ( 263958) Meta
Dome ( 390790) Metro
Builders & Engineers Group ( 23108) MG
EnterprisesInc ( 23111) MH
Design & Construction Co. ( 23114) Mike
Bubalo ConstructionCo., Inc. ( 23128) Monere
Security Solutions, LLC ( 618326) MUNICIPAL
EQUIPMENT EXPORTERS ( 945848) New
SunriseConstructioninc. ( 327131) NEWest
Construction, Co., Inc ( 259900) Noble
SpecialtyAdisvors Inc. ( 23234) Ohno
ConstructionCompany ( 23271) Ohno
ConstructionCompany ( 676510) Oracle (
1091454) Orange
County Striping Service ( 23287) Paragon
Systems, Inc. ( 87363) Patriot
DevelopmentInc ( 549289) Penner
Partitions, Inc. ( 57906) PIMA
Corporation (23380) PLUMBERS
DEPOT INC ( 23390) Powell
Constructors, Inc. ( 23400) Power
Pro Plus Inc. ( 23404) PPM
Group, Inc. ( 639066) Preferred
Bonding & Insurance Services ( 1299473) Premier
DevelopingServices, Inc. ( 148464) PSC (
483827) PTM
Engineering (23451) r.

Jensencompany, inc ( 339403) r.

Jensencompany, inc ( 347162) R.

E. SchultzConstructionServices ( 407841) 121
C lit' d FollU, I 7M 11
I.hiM, I cv, i" I o[U' I' oni(AI[ I i, rd I 10lirv' a)Ia1ioi I on I w1d, I N M, `, I') b10011l( f (' I I OW) W. 0- ?'. Q01 hi ( I ' I I I [ 111W 1 YAL( 12' S R.J. Noble Company ( 23494)
R.J. Noble Company ( 23495)
R. P. Construction ( 23497)
R& M Service Solutions ( 419016)
RAIN DROPS IRRIGATION MANIFOLD ( 295412)
Rainbow Glazing, Inc. ( 32916)
Rancho Pacific Engineering ( 23513)
RDO EQUIPMENT ( 446536)
Relining Technologies Inc ( 478974)
Rich Construction Inc ( 360410)
Rock Bottom Inc. ( 23580)
Romtec, Inc. ( 179998)
Roy Jorgensen Associates, Inc. ( 23601)
Royal Industrial Solutions ( 542030)
Rusty Bucket Construction, LLC ( 1250872)
Sacramento Regional Builders Exchange ( 23622)
Sancon Technologies, Inc. ( 1047977)
Sandbags To Go Com LLC ( 581871)
Seating Component Manufacturing ( 236S4)
Secure Transportation ( 289965)
Self Made Construction ( 368883)
Seneca Real Estate Services ( 1013773)
Senitica Construction, Inc. ( 630817)
Sierra Pacific Electrical ( 23696)
Simplus Management Corporation ( 544612)
Sixth Sun Concrete Inc. ( 23710)
Southern California Fleet Services Inc ( 404308)
SOUTHERN CALIFORNIA VEGETATION MANAGEMENT LLC ( 1655616) Spec Construction Co., Inc. ( 23765)
SpectraTurf ( 272026)
St. Francis Electric, LLC. ( 1423503)
Stanley F Yelich Inc. (23782)
STC Traffic, Inc ( 751433)
Stormwater CA Ltd ( 294098)
Structure Six Engineering ( 1077537)
Sturgeon Services ( 391355)
Sully - Miller Contracting Co ( 23816)
Summit Environmental Contractors ( 689641)
Superior Construction Specialties ( 23834)
Superior Lock & Safe ( 661895)
SWCA Environmental Consultants ( 160016)
Tait & Associates ( 238S8)
TBC Contractors Corp ( 23865)
Tele- Line Communications ( 87547)
Terra Form Inc. ( 23881)
Tiffany Group Inc ( 23941)
Titan Constructor Engineering ( 1044297)
TL VETERANS CONSTRUCTION INC ( 381950)
Torti Gallas and Partners ( 23958)
TransCore ( 181938)
Transtech Engineers, Inc. ( 131625)
Tri County Development & Construction, Inc. ( 794626)
Trinity Corporation ( 1625382)
Tyner Paving Company ( 24014)
USS Cat Builders Inc. ( 546144)
Utility Partners, Inc. ( 32S494)
Utility Systems Science & Software, Inc. ( 214714)
Valued Engineering Inc (334018)
VCI Telcom, Inc. dba VCI Construction ( 24080)
VCI Utility Services, LLC ( 275937)
Villa Civil ( 957680)
122
I'dI M, I cv, r, ` I o[U' I' fk Ali [I i, rd I 111t11rv' a)I d1ioiI on I w1d, I N M, `, I') b10011l(f ( li W;' 2 W. 0- ?'. 00 1 hi ( I' I) I I [ 111W 1 YAL( 1i )'' VLA Construction Inc ( 1388S11)
Wastequip Manufacturing Company LLC ( 24126)
Weka Inc. ( 24139)
West Coast Safety Supply, lnc ( 1474054)
WFC ( 24166)
WGJ ENTERPRISES INC. ( 23353)
Wood Rodgers, Inc. ( 452998)
YAKAR ( 24203)
Z. A. P. Manufacturing, Inc. ( 24212)
Zoa Construction Inc ( 24216)
09/ 08/ 202S 6: 31 PM ( PDT) 2 vendors notified
using Criteria Category:
96800 - Public Works And Related Services
Vendors Archico Design Build Inc ( 1666265)
Water Systems Consulting, Inc. ( 1665975)
09/ 18/ 2025 5: S3 PM ( PDT) No vendors notified
using Criteria Category:
96800 - Public Works And Related Services
123
C li1' d1" oit Ii'
P'NI' ll M, I cv, I" I ofU, I' mc AliM1,;r! I I 11li ' d) Ib1i"n I on I wkk I,", I M, I') b10011irr ii Oo' 2 W. 0- A'.001 hi ( I' U..L.) oj o9 0411
i111W 1:1/1(( 5( i2NS
23 Prospective Bidders
Vendor Contact
Ability Counts Inc. ( 3015915) Contact: Yurits Bruno
775 Trademark Circle # 101 Phone: 951- 734- 6595 ext. 2045 Corona, California 92879 Fax: 951- 547- 5699
United States Email: landscape@abilitycounts. org
AGC Plan Room ( 3015395) Contact: Plan Room
10140 Riverford Rd. Phone: 858- 558- 7444
Lakeside, California 92040 Fax:

United States Email: planroom@agcsd. org
Asad Holdings LLC DBA OrangeBlue Contact: Arman Tehrani 3023352) Phone: 949- 317- 5700
27071 Cabot Rd Ste 108 Fax:

Laguna Hills, California 92653 Email: bids@orangeblue. org United States
Asphalt Fabric & Engineering ( 3013263) Contact: JACOB GARCIA 2683 Lime Ave. Phone: 562- 997- 4129
Signal Hill, California 90755 Fax:

United States Email: estimating@afesports. com
CA Traffic Solution ( 3023097) Contact: Gabriel Solis
8201 Elder Creek Rd Suite 2A, Sacramento, Phone: 916- 245- 1768 CA 95824 Fax:

Sacramento, California 95824 Email: g. solis@catrafficsolution. com United States
ConstructConnect ( 3014397)
3825 Edwards Road Ste 800
Cincinnati, Ohio 45209
United States
Construction Bid Source ( 3016426)
PO Box 1735
Templeton, California 93465
United States
FieldTurF Inc., USA ( 3014395)
175 N Industrial Blvd NE
Calhoun, Georgia 30701
United States
FS Contractors, Inc. ( 3015839)
14838 Bledsoe Street
Sylmar, California 91342
United States
Vendor Type Status Classification
Non - Bidder, Prime
receive
communications
CADIR, MBE, WBE, Non - Bidder, Other
DBE, OSB receive
communications
Contact: Patrick Quarry
Phone: 877- 794- 8071
Fax: 866- 570- 8187
Email: Content@constructconnect. com
Contact: Elizabeth Strycker
Phone: 888- 786- 9450
Fax:

Email: angela@constructionbidsource. com
Contact: Lisa
Phone: S14- 209- 6740
Fax:

Email: lisa. kerwin@fleldtUrf. Com
Contact: Angel Fierros CADIR
Phone: 818- 838- 6040
Fax: 818- 838- 6171
Email: Martha@fscontractorsinc. com
Bidder Prime
Bidder Prime
Bidder Subcontractor
Bidder Other
Bidder Other
Bidder Supplier
Non - Bidder, no Prime
communications
124
C li1' d1" oit Ii'
P'NI' ll M, I cv, i ` I ofU, I' mc AliM1,;r! I I 11li ' d) Ib1i"n I on I wkk I,", , I M, I') b10011ilf ii Oo' 2 W. 0- A'.00 1 hi ( I' D I) Greenfield Management ( 3031698) Contact: Valerie Martinez 3129 S Hacienda Blvd 384 Phone: 626- 919- 2792
Hacienda Heights, California 91745 Fax:

United States Email: valerie@gflandscaping. com
Hands Construction Corp ( 3017730) Contact: Antonio Javier Notario 9966 Lincoln Ave Phone: 442- 414- 3989
Hesperia, California 92345 Fax:

United States Email: Handsconstructionco88@gmail. com
Hellas Construction, Inc. ( 3014640) Contact: Chris Crenshaw 12000 West Parmer Lane Phone: 512- 250- 2910
Cedar Park, Texas 78613 Fax: 512- 250- 1960
United States Email: C.Crenshaw@hellas. com
J & A Engineering Corp. ( 3015326) Contact: Mike Miranda 824 N. Todd Avenue Phone: 626- 334- 3209
Azusa, California 91702- 2228 Fax:

United States Email: admin@jnafence. com
KASA Construction, Inc. ( 3012050) Contact: Hector Zavala 15148 Sierra Bonita Lane Phone: 909- 457- 8260
Chino, California 91710 Fax: 909- 457- 8261
United States Email: hectorZ@kasaconstruction. com
L & L Supplies ( 3014341) Contact: Scott Walker
18976 Crestview Drive Phone: 505- 997- 5987
Columbus, Ohio 43228 Fax:

United States Email: swalker8S85@gmail. com
Los Angeles Engineering, Inc. ( 3013093) Contact: Joseph Haygood 633 N. Barranca Ave Phone: 626- 454- 5222
Covina, California 91723 Fax: 626- 454- 5226
United States Email: bids@laeng. net
MZB Traffic Management Inc. ( 3012945) Contact: Humayun Aziz 1192 Athlone lane Phone: 949- 254- 4792
Corona, California 92882 Fax:

United States Email: info@mzbinc. com
New Generation Landscape Management Contact: Jesus Lopez Inc ( 3014069) Phone: 909- 726- 1424
7077 Magnolia Avenue Fax:

San Bernardino, California 92407 Email: info@newgenlandscape. com United States
Ohno Construction Company ( 3014354) Contact: SID FONTENOT 8884 Jurupa Road Phone: 619- 278- 8824
Jurupa Valley, California 92509 Fax: 619- 278- 8761
United States Email: mail@ohnoconstruction. com
R E Schultz Construction, Inc. ( 3025238) Contact: Chris Thomas 1767 N. Batavia Phone: 714- 649- 2627
Orange, California 92865 Fax:

United States Email: chris@reschultzconstruction. com
CADIR
ow' 10 r f 11
I iud, J 1:1/1(( 5( i2NS
Bidder Prime
MBE, CADIR Bidder Prime
CADIR Bidder Other
Bidder Prime
CADIR Bidder Prime
Bidder Prime
CADIR Bidder Prime
CADIR Bidder Subcontractor
Bidder Prime
CADIR Bidder Prime
Bidder Prime
125
Clit' d1" oi t Ii'
I' II M, I cv, i" I ofU, I' fk AI MI,;I I 11li ' d) d1inn I I', go 11 V V
IfJ' fs I,", , I' l,/ I') I' IJ+lOo' 2 W. 0- ?'.00 1 hi (I' D I) I [ 111W1 YAL( 1i )'' Rainbow Glazing, Inc. ( 3011738) Contact: Laura BramascoOSB, WBE Bidder Subcontractor 1510 KimberlyAve Phone: 714- 680- 3400 Fullerton,
California 90023 Fax: United
States Email: [email protected] Superb
Engineering (3015145) Contact: Daniel Bidder Prime 1052 OregonTrail Phone: 714- 803- 0802 Banning,
California 92220 Fax: United
States Email: estimating@superb- engineering.
com Zeco,
Inc. ( 3012933) Contact: Bryan Solmar CADIR Bidder Prime 22765 Savi RanchPkwy Unit F Phone: 844- 932- 6462 Yorba
Linda, California 92887 Fax: United
States Email: info@zeco-inc. com126
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25- 0584 Agenda Date: 10/ 28/ 2025
Agenda #: I. Category: Consent Calendar
FROM:

Development Services
SUBJECT:

Purchase and Sale Agreement- Fontana Motor Lodge
RECOMMENDATION:

Approve a Purchase & Sale Agreement for the purchase of building and associated land located at 16390 Foothill Boulevard, Fontana, CA 92335 specifically described as APN' s 0190- 081 36 and 0190- 081- 37 in the amount of $ 7,500, 000 plus escrow costs and related acquisition fees.

2. Authorize the purchase of that certain Real Property specifically described as APN' s 0190- 081 36 and 0190- 081- 37 comprised of approximately 2.3 acres (" Property") from Ramesh and Radha Patel Revocable Living Trust.

3. Authorize the City Manager to execute the Purchase and Sale Agreement and any other documents necessary or appropriate to facilitate said purchase on behalf of the City of Fontana.

COUNCIL GOALS:

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.

Provide a diverse range of housing types and levels of affordability while addressing homelessness in the community by address Homelessness through proactive programs, including the efforts of the COAST and MET teams.

Concentrate on Inter -governmental relations by pursuing financial participation from county, state, and federal governments.

DISCUSSION:

The City of Fontana has identified Homelessness and Homeless prevention as a top priority. The Property, if purchased, will serve as a transitional housing for the homeless. The acquisition consists of two parcels with a gross area of approximately 2.3 acres, including a 58 room motel known as the Fontana Motor Lodge.

The City and the Seller have negotiated a Purchase Agreement with the following proposed deal - points:

The City of Fontana would acquire the property for the price of $ 7, 500, 000.

The City of Fontana and Seller, Ramesh and Radha Patel Revocable Living Trust, will equally split any/ all escrow fees as appropriate.

The City will have up to 90 days from the opening of escrow to complete its due diligence on City of Fontana Page 1 of 2 Printed on 10/ 23/ 2025
pcvwwTiflbyRdmystar ' 127
File #: 25- 0584 Agenda Date: 10/ 28/ 2025
Agenda #: I. Category: Consent Calendar
the subject property to confirm the suitability and condition of the property for the city' s intended use.

Staff anticipates closing escrow on the transaction within 30 days of approval of the Feasibility Period.

The property is proposed to be acquired subject to an existing lease, which is scheduled to end six months after the close of escrow but may be extended by the city in 90- day increments at the city' s election. During this period, the tenant will pay the city $ 15,000 per month, taking all responsibility for the operation of the facility. During the lease period, staff will define an operational plan for the facility designed to have a net zero impact on the city' s general fund.

Upon confirmation of an operational plan that requires no additional funding from the city for annual operating costs, the lease will be terminated, and the units will be converted to transitional housing to be occupied by those experiencing homelessness or those that are at risk of becoming homeless.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is estimated to be $ 11,400, 000 ( including escrow costs, acquisition fees, and design of the renovation improvements). The necessary budget adjustments will be included in the FY 25- 26 First Quarter Budget Report Fund 601.

MOTION:

Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 10/ 23/ 2025
p , ver d by u,js i . '
128

AGREEMENT FOR PURCHASE AND SALE

AND JOINT ESCROW INSTRUCTIONS
This AGREEMENT FOR PURCHASE AND SALE AND JOINT ESCROW
INSTRUCTIONS (" Agreement") is enteredinto by and betweenFONTANA MOTOR LODGE, a California general partnership (" FML"), and RAMESH RANCHHODBHA PATEL and RADHA RAMESH PATEL, co - trustees under the RAMESH AND RADHA PATEL REVOCABLE LIVING TRUST dated October 26, 2023, as tenants in common ( collectively, Seller"), and CITY OF FONTANA, a municipal corporation (" Buyer"). Buyer and Seller are sometime individually referred to herein as " Party" and collectively as " Parties." The Parties have executed this Agreement on the dates set forth below next to their respective signatures. This Agreement shall be effective as of the last date of execution by all Parties (" Effective Date").

A. Seller is owner in fee of certain improved real property commonly known as 16390 Foothill Boulevard, City of Fontana, County of San Bernardino, California, identified by Assessor's Parcel Number 0190-081-36 and 0190-081-36 and more particularly described on EXHIBIT " A" attached hereto and incorporated herein by this reference, together with ( a) all privileges, rights, easementsand appurtenancesbelonging to the real property, including without limitation all minerals, oil, gas and other hydrocarbon substances on and under the real property, b) all development rights, air rights, water, water rights and water stock relating to the real property, and ( c) all right, title and interest of Seller in and to any streets, alleys, passages, other easementsand other rights -of -way or appurtenancesincluded in, adjacentto or usedin connection with such real property, before or after the vacation thereof ( the " Real Property"), together with:
1) All buildings, improvements and other structures presently located on the Real Property ( the " Improvements");
2) All personal and appurtenant property remaining on the Real Property or in the Improvements as of the Close of Escrow, including, but not limited to, all property, equipment, furnishings, and appliances used in connection with the Real Property as a motor lodge ( the Personal Property"); and
3) Any and all of Seller' s right, title and interest in and to any of the following existing at the Closing (1) all assignablewarranties and guarantiesissued to Seller in connection with the Improvements or the Personal Property, and ( 111) all assignable permits, licenses, approvals and authorizations issued by any governmental authority in connection with the Real Property being sometimes herein referred to collectively as the " Intangibles." The Real Property, Improvements, Personal Property and Intangibles are collectively referred to hereinafter as the " Property." B. Buyer desires to purchase the Property from Seller and Seller desires to sell the Property to Buyer, upon the terms and provisions set forth in this Agreement. 1 16498. 00100\ 44151333. 2
129
ARTICLE 1. AGREEMENT OF SALE.

Buyer agreesto purchasethe Property from Seller and Seller agreesto sell the Property to Buyer, upon the terms and provisions set forth in this Agreement.

ARTICLE 2. PURCHASE PRICE.

2. 1 Amount. The purchase price ( the " Purchase Price") for the Property shall be 7, 500, 000. 00.

2. 2 Deposit/ Purchase Price. Within three ( 3) business days after the Effective Date, Buyer shall deposit $ 100, 000. 00 into Escrow ( as defined below) on behalf of Buyer ( the Deposit"), which shall be applicable to the Purchase Price. The deposit shall be refundable to Buyer unless Buyer waives all contingenciesby the expiration of the Due Diligence Period and except as otherwise provided in Section 9.6. If the Closing of the transaction contemplated by this transaction occurs, the Deposit shall be disbursed to Seller and applied to the Purchase Price at Closing. The failure of Buyer to make the Deposit within the time frame specified in this Section shall be a material breachof this Agreement and Seller may terminate the Agreement.

On or before the Closing Date ( as defined below), Buyer shall deposit into Escrow the balance of the Purchase Price ( less the Deposit), subjectto adjustmentby reasonof any applicable prorations and the allocation of closing costs described below. The Deposit and the balance of the PurchasePrice shall be made by wire transfer of federal funds, cashiers' check or in another immediately available form. Notwithstanding anything herein to the contrary, One Hundred Dollars ($ 100. 00) of the Deposit ( the " Independent Consideration") shall not be refundable to Buyer, but shall represent consideration for this Agreement and shall be paid to Seller. The Independent Consideration shall serve as consideration for the granting of the time periods herein contained for Buyer to exercise Buyer' s right to satisfy and approve all of Buyer' s conditions herein contained. If the Deposit is refunded to Buyer for any reason pursuant to this Agreement, the Independent Consideration shall be subtracted from the Deposit pursuant to this Section and delivered to Seller.

ARTICLE 3. DUE DILIGENCE.

3. 1 Due Diligence Period; Inspection and Access.

3. 1. 1 Due Diligence Period. The "Due Diligence Period" meansthe period beginning on the Effective Date and ending at 5:00 p.m. ( Pacific time) on the date ninety ( 90) days later.

3. 1. 2 Access to Information and the Property. Buyer shall conduct its investigation of the Property during the Due Diligence Period at no cost to Seller. This investigation (" Due Diligence Investigation") may include, at Buyer' s option: a physical inspection of the Land and all Improvements thereon, including soil, geological and other tests, engineering evaluations of the mechanical, electrical, HVAC and other systems in the Improvements; review of all governmental matters affecting the Property, including zoning, environmental and building permit and occupancy matters; review and verification of all financial and other information previously provided by Seller relating to the operation of the Property; review of the condition of title to the Property, including the building, structural system 2 16498. 00100\ 44151333. 2
130
and roof inspection; andreview of such other matterspertaining to an investment in the Property asBuyer deemsadvisable. Buyer hereby agreesto and shall indemnify, defend and hold harmless Seller and Seller' s members, managers, partners, officers, directors, shareholders, employees, agents, representatives, invitees, successors and assigns ( each, a " Seller Indemnitee"), from and against any and all claims, demands, and causes of action for personal injury or property damage, and all damages, judgments, liabilities, costs, feesand expenses including reasonable attorneys' fees) resulting therefrom, arising out of any entry onto the Land by Buyer, its agents, employees, contractors and/or subcontractors, pursuant to this Section 3.1.2 hereof In addition to the Preliminary Documents delivered to Buyer pursuant to Section 3.2, Buyer and its representativesshall have the right of accessduring reasonablebusinesshours to all files, books and records maintained by Seller or its agents (including, without limitation, all of the Additional Documents to be made available to Buyer at the Property (or at such other location reasonably acceptable to Buyer) pursuant to Section 3.3), wherever located, relating to the Property, including the right to copy the same. Buyer and its representativesshall also have the right of access to the Property during reasonable business hours upon not less than 48 hours' notice to conduct its investigation of the physical condition of the Property. Seller agreesthat the rights granted to Buyer herein and the results of its Due Diligence Investigation shall not relieve Seller of any obligations Seller may have under any other provisions of this Agreement, or under other documents entered into concurrently herewith, or implied by law, nor shall they constitute a waiver by Buyer of the right to enforce any of the same. Seller shall cooperatewith Buyer in its due diligence activities and provide access to the Property, its records, or provide information so long asit is within Seller' spossessionor control.

3. 2 Delivery of Preliminary Documents. Within 5 business days after the Effective Date, Seller shall deliver to Buyer, at Seller' s expense, all of the documents described in the remaining subsections of this Section 3.2 ( collectively, the " Preliminary Documents") in Seller' s possession or control.

3. 2. 1 Title Report and Survey. A preliminary title report or commitment for title insurance ( the " Preliminary Title Report"), dated no earlier than 10 days before the Effective Date, covering the Property and issuedby a title insurancecompany or companies acceptable to Buyer ( the " Title Company"), together with a legible copy of each document, map and survey referred to in the Preliminary Title Report. Buyer, at Buyer' s sole cost, may obtain an as -built survey of the Property ( the " Survey") prepared by a certified land surveyor in accordancewith the most recent American Land Title Association standards, certified by such surveyor to Buyer and the Title Company in a form acceptable to the Title Company for the purpose of deleting any survey exception from the Title Policy describedin Section 4.1.3.

3. 2. 2 Soils Report. Any soils report on the Land prepared at Seller' s request or in the possessionor control of Seller, including ( if available) a report on compliance with any soils work recommended to be done prior to construction of the Improvements;

3. 2. 3 Engineers' Reports. Any structural, mechanical or geological reports concerning the Property which have been prepared at Seller' s request or which are within Seller' spossessionor control;
3 16498. 00100\ 44151333. 2
131

3. 2. 4 Licenses, Etc. Copies of any licenses, permits or certificates required by governmental authorities in connection with the use of the Property, including, without limitation, building permits, certificates of completion, certificates of occupancy and environmental permits and licenses;

3. 2. 5 Inspection Reports. Copies of all written reports received by Seller within three (3) yearsprior to the Effective Date from Seller' s insurancecompanies, any governmental agency or any other person or entity, which requires or demands correction of any condition, or requestsmodification in or termination of any usesof the Property, accompaniedby Seller' s summary of ( a) any oral reports from such insurance companies or governmental agencies, and b) the present statusof any matter noted in any oral or written report;

3. 2. 6 Environmental Reports. Copies of all environmental reports, including but not limited to, existing PhaseI and/or Phase2 environmental report(s) in Seller' spossession or control, if any;

3. 2. 7 Leases. Copies of all written leasesor other occupancy agreementsof all or any portion of the Property, and any amendments/ addendums to such leases (the " Leases"); and

3. 2. 8 Rent Roll. Seller' s rent roll for tenants or other occupants occupying the Property on a monthly basis or any term longer than monthly.

3. 2. 9 Service Contracts. Copies of written, and written descriptions of oral, agreements, contractsand other documents, existing asof the Effective Date, including without limitation any agreements relating to the service, operation, repair, supply, advertising, promotion, sale, leasing or management of the Property.

3. 3 Additional Documents and Information. From the Effective Date through the Closing Date, Seller shall make available to Buyer at the Property ( or at such other location reasonably acceptable to Buyer) in accordance with Section 3.1, the documents and information described in this Section 3.3 ( collectively, the " Additional Documents"):

3. 3. 1 Agreements. Copies of written, and written descriptions of oral, easements, covenants, restrictions, agreements, contracts and other documents, whether existing or, to the knowledge of Seller, proposed as of the Effective Date ( the " Service Contracts"), including without limitation any agreements relating to the insurance, service, operation, repair, supply, advertising, promotion, sale, leasing or managementof the Property, which (a) affect the Property, ( b) are not disclosed by the Preliminary Title Report, and (c) have not been delivered to Buyer pursuant to Section 3.2. If no suchdocumentsexist, Seller shall furnish its certification to that effect; and

3. 3. 2 Requested Information. Such other documents and information concerning the Property as Buyer may reasonably request.

3. 4 Approval/ Disapproval of Due Diligence Investigations. _ Buyer shall approve or disapprove the results of Buyer' s Due Diligence Investigation, in the exercise of Buyer' s sole discretion, by written notice delivered to Seller no later than the expiration of the Due Diligence M
16498. 00100\ 44151333. 2
132
Period. Buyer' s disapproval shall terminate this Agreement unless, at the time Buyer gives notice of its disapproval, Buyer also notifies Seller of Buyer' s desire to enter into negotiations with Seller for the purpose of reaching an accommodation concerning the disapproval. If Buyer so notifies Seller andthe parties have not reacheda written agreementsatisfactory to both of them regarding the disapproval within 10 days after the date of the disapproval notice, Buyer, at its option, may either (a) elect to terminate this Agreement by so notifying Seller andrecover the Deposit, or ( b) elect to proceed with the transactions contemplated by this Agreement notwithstanding its earlier disapproval. If Buyer fails to deliver to Seller notice of its approval or disapproval of the results of its Due Diligence Investigation, Buyer shall be deemed to have disapproved such results. If Buyer elects to terminate the Agreement, Buyer shall return to Seller all of the Preliminary Documents and Additional Documents previously delivered by Seller to Buyer within 5 business days of such termination.

3. 5 Title Review.

3. 5. 1 Monetary Liens. At its expense, Seller shall remove all monetary liens on the Property at or prior to the Closing ( collectively, " Monetary Liens"), including but not limited to: ( 1) all delinquent taxes, bonds and assessmentsand interest and penalties thereon (it being agreed that Seller shall not be required to remove any non -delinquent taxes and assessmentsimposed by any governmental agencythat arepaid with the property taxes for the Property); and (ii) all other monetary liens, including without limitation all those shown on the Preliminary Title Report (including judgment and mechanics' liens, whether or not liquidated, and mortgages and deeds of trust, with Seller being fully responsible for any fees or penalties incurred in connection therewith).

3. 5. 2 Approval/ Disapproval of Title Review. Buyer shall approve or disapprove of the Preliminary Title Report, the Survey and any exceptions to title shown thereon ( other than the Monetary Liens) in the exercise of Buyer' s sole discretion, by the expiration of the Due Diligence Period. If Buyer disapproves, Buyer may either ( a) terminate this Agreement by giving Seller written notice of termination or ( b) give Seller a written notice (" Disapproval Notice") identifying the disapproved title matters (" Disapproved Title Matters"). With respect to any Disapproved Title Matters, other than the Monetary Liens, Seller shall notify Buyer in writing within 5 days after Seller' s receipt of the Disapproval Notice whether Seller will cause the Disapproved Title Matters to be removed or cured at or prior to Closing. If Seller electsnot to remove or cure all Disapproved Title Matters, Buyer may, at its option: ( i) subject to satisfaction of the other conditions to Closing, close the purchaseof the Property andtake title subject to the Disapproved Title Matters which Seller elects not to remove or cure; or ( 11) terminate this Agreement in accordancewith Section 9.6.1, andnotwithstanding anything to the contrary herein, the Buyer shall receive a return of the Deposit ( less the Independent Consideration).

3. 5. 3 Buyer' s Options. If any Disapproved Title Matters ( including the Monetary Liens) have not beenremoved at least 5 daysprior to Closing or provision for their removal at the Closing has not been made to Buyer' s satisfaction, Buyer may, at its option: ( i) close thepurchaseof the Property and take title subjectto the Disapproved Title Matters which have not been removed; ( ii) close the purchase of the Property and cure or remove the Disapproved Title Matters which have not been removed. Buyer may credit the costsof such 5 16498. 00100\ 44151333. 2
133
cure or removal againstthe PurchasePrice by reducing the amount of cashpayable by Buyer at the Closing, but only to the extent such costsare expendedto remove (A) Monetary Liens referred to in Section 3. 5. 1 or ( B) Disapproved Title Matters which Seller agreed to remove; or iii) terminate this Agreement in accordancewith Section 9.6.1, and notwithstanding anything to the contrary herein, the Buyer shall receive a return of the Deposit ( less the Independent Consideration).

3. 5. 4 Failure to Disapprove. If Buyer fails to notify Seller of its approval or disapproval of the Preliminary Title Report, the Survey or the exceptions shown thereonby the end of the Due Diligence Period, then Buyer shall be deemed to have disapproved the same.

3. 6 Operating Lease Agreement. Prior to the expiration of the Due Diligence Period, Seller shall have entered into an operating lease relating to the operation of the Property as a motor lodge with a third -party acceptable to Buyer ( the " Operating Lease"). Notwithstanding the foregoing, Seller shall not enter any such Lease without the prior written consent of the Buyer, which consentmay be granted or withheld in Buyer' s sole and absolutediscretion.

3. 7 Service Contracts. Following the expiration of the Due Diligence Period, Seller shall terminate any terminable Service Contract promptly after receiving written notice from Buyer requesting such termination; provided: ( i) Seller shall be responsible for all costs and expenses associated with any such termination; ( ii) any such termination may be conditioned on the completion of the Closing; and (iii) any such termination shall be effective only after expiration of any notice or grace period specified in the provisions of the applicable Service Contract (which may not occur until after the Closing). At the Buyer' s discretion, any and all Service Contracts not fully and effectively terminated as of Closing shall be assumed by Buyer at Closing as contemplated under subsection 9. 3. 7 below.

ARTICLE 4. CONDITIONS PRECEDENT.

4. 1 Buyer' s Conditions. Buyer' s obligations under this Agreement are expressly subject to the timely fulfillment of the conditions set forth in this Section 4. 1 on or before the Closing Date, or such earlier dateasis setforth below. Each condition may be waived in whole or in part by Buyer by written notice to Seller.

4. 1. 1 Due Diligence. Buyer having approved of the results of its Due Diligence Investigation pursuant to Section 3.4;

4. 1. 2 Title Review. Buyer having approved of the results of its review of title pursuant to Section 3.5.

4. 1. 3 Title Policy. Seller having causedthe Title Company to deliver to Buyer a) a CLTA Owner' s policy of title insurance, provided that Buyer may require an ALTA Owner' sPolicy if Buyer pays the incremental premium for ALTA coverage ("Title Policy") ( or at Buyer' s election a binder therefor) for the Property, or ( b) the Title Company' s irrevocable commitment to issue suchpolicy of title insurance, (including such coinsurance, reinsurance and endorsements as Buyer shall require), with liability equal to the Purchase Price showing fee title to the Property vested in Buyer and subject only to: ( i) the matters and exceptions which were R
16498. 00100\ 44151333. 2
134
approved by Buyer pursuant to Section 3.5; and (11) the standardprinted exceptions in the form of title policy called for ( collectively, " Conditions of Title").

4. 1. 4 Performance of Covenants. Seller performing and complying in all material respectswith all of the terms of this Agreement to be performed and complied with by Seller prior to or at the Closing, including depositing into Escrow all documents required pursuant to Section 9.3.

4. 1. 5 Representations and Warranties. The representations and warranties of Seller setforth in Article 5 being true and accurateon the Closing Date, asif made on such date.

4. 1. 6 Non -Foreign Certification. Seller having executed and delivered to Buyer on or prior to the Closing Date a certification ( the " Non -Foreign Certification"), substantially in the form of Exhibit B.

4. 1. 7 California Certification. Seller having furnished a Real Estate Withholding Form 593 as required by the California Revenue and Taxation Code (" Form 593") or having authorized Escrow Holder in writing to withhold from the PurchasePrice the amounts required to be withheld by such Sections.

4. 1. 8 Closing Statement. Buyer shall have approvedEscrow' s estimatedclosing costs statement.

4. 1.9 Operating LeaseAgreement. Buyer hasreceived an executedcopy of the Operating Lease, and a tenant estoppel certificates from the tenant under the Operating Lease in a form and substance reasonably acceptable to Buyer

4.1.10 City Council Approval. As a condition precedentto Buyer' s obligation to purchase the Property, Buyer' s city council shall have approved this Agreement and the purchase of the Property after all legally required notices and hearings (the "Final Approval").

Notwithstanding anything to the contrary contained herein, as of the date of this Agreement, said Final Approval hasnot yet beengranted. Absent Final Approval, Buyer shall have no obligation to purchase the Property from Seller or otherwise perform under this Agreement. Upon final consideration of this Agreement by the Buyer' s legislative body, the Buyer shall provide written notice to the Seller whether Final Approval is granted or denied. In the event that Final Approval is denied (i) this Agreement shall be terminated and neither party shall have any further rights or obligations hereunder, excepting any rights or obligations that expressly survive termination, (ii) the escrow shall be canceled, and (iii) notwithstanding anything herein to the contrary, all documents and funds shall be returned by the Escrow Holder to each parry who deposited the same.

4. 2 Seller' s Conditions. Seller' s obligations under this Agreement are expressly subjectto the timely fulfillment of the conditions set forth in this Section 4.2 on or before the Closing Date, or such earlier date as is set forth below. Each condition may be waived in whole or part by Seller by written notice to Buyer.
16498. 00100\ 44151333. 2
135

4. 2. 1 Covenants. Buyer performing and complying in all material respects with all of the terms of this Agreement to be perfonned and complied with by Buyer prior to or at the Closing.

4. 2. 2 Representations and Warranties. The representations of Buyer set forth in Article 6 being true and accurate on the Closing Date, as if made on such date.

ARTICLE 5. SELLER' S REPRESENTATIONS AND WARRANTIES.

Seller hereby makes the following representations and warranties to Buyer with the understandingthat eachsuch representationandwarranty is material and is being relied upon by Buyer:

5. 1 Organization and Standing. FML is duly organized, validly existing, in good standing in the state of its formation and qualified to do business in the State of California and has full power and authority to enter into this Agreement and to perform its obligations hereunder and effect the transactions contemplated hereby.

5. 2 Seller' s Authority. Seller has the requisite power and authority to own and operate the Property and conduct its business where the same is now owned or operated. The execution, delivery and performance of this Agreement by Seller have been duly and validly authorized by all necessary action and proceedings, and no further action or authorization is necessaryon the part of Seller in order to consummatethe transactions contemplatedherein.

This Agreement and the other documents executed by Seller in connection herewith are legal, valid and binding obligations of Seller, enforceablein accordancewith their respective terms.

5. 3 No Conflict. Neither the execution and delivery of this Agreement by Seller, nor performance of any of its obligations hereunder, nor consummation of the transactions contemplatedhereby, shall conflict with, result in abreach of, or constitute a default under, the terms and conditions of the organizational documents pursuant to which Seller was organized, or any indenture, mortgage, deed of trust, agreement, undertaking, instrument or document to which Seller or any affiliate thereof is a party or is bound, or any order or regulation of any court, regulatory body, adininistrative agency or governmental body having jurisdiction over Seller.

5. 4 Compliance. To the best of Seller' s knowledge, the Property, and the operation thereof, are in compliance with all applicable laws, ordinances, rules, regulations, judgments, orders, covenants, conditions, restrictions, whether federal, state, local, foreign or private, and Seller hasnot received any notice of any violation of the same. Seller hasnot received any request either formal or informal, oral or written, that Seller modify or terminate any use of the Property. The Property complies with all applicable subdivision laws and all local ordinances enacted thereunder and no subdivision or parcel map not already obtained is required to transfer the Property to Buyer.

5. 5 Taxes and Condemnation. There are no presently pending or, to Seller' s knowledge, contemplated specialtaxes or assessmentswhich will affect the Property. There are no presently pending or, to Seller' s knowledge, contemplated proceedings to condemn or demolish the Property or any part of it.

I
16498. 00100\ 44151333. 2
136

5. 6 Licenses. Seller has all required licenses, permits (including, without limitation, all building permits and occupancypermits), easementsand rights -of -way which are required in order to continue the present use of the Property. Seller has no knowledge of any law or regulation of any governmental authority having jurisdiction which might require the Property to be improved beyond its present state or which might restrict the use and enjoyment of the Property in the mannerit is presently being used and enjoyed.

5. 7 Contracts/ Leases/OccWancy Rights. Except as set forth on Schedule 5.7, there areno agreementsor other obligations to which Seller is party or, to Seller' s knowledge, by which it or the Property is bound which may affect the current use of the Property, nor are there any current leases, occupancy or operating agreementsin force. No party hasa right to occupancy, tenancy, or a license to use or enter the Property.

5. 8 Liti agtion. There areno actions, suits, proceedings, judgments, orders, decreesor governmental investigations pending or, to Seller' s knowledge, threatened against the Property or Seller which could affect the Property or the purchase, use or enjoyment thereof by Buyer.

5. 9 Agreements with Governmental Authorities. There are no agreements with governmental authorities, agencies, utilities or quasi -governmental entities which affect the Property except those agreements which are identified in the Preliminary Title Report and those matters which are disclosedby the Survey.

5. 10 Hazardous Materials.

5. 10.1 Definitions. For purposes of this Agreement:
a) " Environmental Law( s)" means the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, 42 U. S.C. Sections 9601, et seq., the Resource Conservation and Recovery Act of 1976, 42 U. S.C. Sections 6901 et seq., the Toxic Substances Control Act, 15 U. S. C. Sections 2601 et. sec., the Hazardous Materials Transportation Act, 49 U. S. C. 1801 et sec ., the Clean Water Act, 33 U. S. C. Sections 1251 et seq., The Safe Drinking Water and Toxic Enforcement Act of 1986 ( Cal. H& S Code Sections 25249. 5- 25249. 13), the Carpenter -Presley -Tanner HazardousSubstanceAccount Act ( Cal. H& S Code Sections 25300 et seq.), and the California Water Code Sections 1300, et seq., as said laws have been supplementedor amendedto date, the regulations promulgated pursuant to said laws and any other federal, state or local law, statute, rule, regulation or ordinance which regulates or proscribes the use, storage, disposal, presence, cleanup, transportation or Release or threatened Release into the environment of Hazardous Material.
b) " Hazardous Material" meansany substancewhich is (i) designated, defined, classified or regulated as a hazardous substance, hazardous material, hazardouswaste, pollutant or contaminant under any Environmental Law, ascurrently in effect or as hereafter amended or enacted, ( ii) a petroleum hydrocarbon, including crude oil or any fraction thereof and all petroleum products, (iii) PCBs, ( iv) lead, ( v) asbestos, ( vi) flammable explosives, ( vii) infectious materials or ( viii) radioactive materials. c) " Release" meansany spilling, leaking, pumping, pouring, emitting, discharging, injecting, escaping, leaching, dumping or disposing into the environment E
16498. 00100\ 44151333. 2
137
of any HazardousMaterial ( including the abandonmentor discarding of barrels, containers, and other receptaclescontaining any Hazardous Material).

5.10.2 Representations. Except as otherwise disclosed in any phase I or phase 11 environmental reports delivered by Buyer to Seller:
a) To the best of Seller' s knowledge, the Property and all existing usesand conditions of the Property are in compliance with all Environmental Laws, and Seller has not received any written notice of violation issued pursuant to any Environmental Law with respectto the Property or any use or condition thereof. b) To the best of Seller' s knowledge, neither Seller nor any other present or former owner of the Property hasused, handled, stored, transported, releasedor disposed of any Hazardous Material on, under or from the Property in violation of any Environmental Law.
c) To the best of Seller' s knowledge, there is no Release of any HazardousMaterial existing on, beneathor from or in the surfaceor ground water associated with the Property.
d) To the best of Seller' s knowledge, all required permits, licenses and other authorizations required by or issued pursuant to any Environmental Law for the ownership or operation of the Property by Seller have been obtained and arepresently maintained in full force and effect.
e) To the best of Seller' s knowledge, there exists no writ, injunction, decree, order orjudgment outstanding, nor any lawsuit, claim, proceeding, citation, directive, summons or investigation pending or, to Seller' s knowledge, threatened pursuant to any Environmental Law relating to ( i) the ownership, occupancy or use of any portion of the Property by Seller or occupant or user of any portion of the Property or any former owner of any portion of the Property, (ii) any alleged violation of any Environmental Law by Seller or occupantor user of any portion of the Property or any former owner of any portion of the Property or ( iii) the suspectedpresence, Releaseor threatenedReleaseof any HazardousMaterial on, under, in or from any portion of the Property.
f) To the best of Seller' s knowledge, there are no above -ground or underground tanks located on the Property used or formerly used for the purpose of storing any Hazardous Material.
g) To the best of Seller' s knowledge, no asbestos abatement or remediation work hasbeenperformed on the Property.
h) To the best of Seller' s knowledge, there is no PCB -containing equipment or PCB -containing material located on or in the Property.

5. 11 Title to the Property. Seller has good and marketable title to the Property, subject to the Conditions of Title. There are no outstanding rights of first refusal or first look, options to purchase, rights of reverter, or claim of right relating to the transfer or sale of the Property or any 10 16498. 00100\ 44151333. 2
138
interest therein. To Seller' s knowledge, there are no unrecorded or undisclosed documents or other matterswhich affect title to the Property. No personholding a security interest in the Property or any part thereof has the right to consent or deny consent to the sale of the Property as contemplatedherein, and Seller has the right to pay off suchperson and to remove all suchliens as of the Closing Date. Seller has enjoyed the continuous and uninterrupted quiet possession, use and operation of the Property, subject to any matters disclosed on the Preliminary Title Report and subject to the Operating Lease.

5. 12 Foreign Person. Seller is not a "foreign person" within the meaning of Section 1445( f) of the Internal Revenue Code.

5. 13 Bankruptcy. Seller hasno presentintent to file any voluntary petition in bankruptcy or to seek relief, protection, reorganization, liquidation, dissolution or similar relief for debtorsunder any law or inequity or to take any action which would directly or indirectly cause the Property or any portion of the Property to become the property of any bankruptcy estateor the subjectto any bankruptcy, dissolution, litigation or insolvency proceedings..

ARTICLE 6. BUYER' S REPRESENTATIONS AND WARRANTIES.

Buyer makesthe following representationand warranties to Seller with the understanding that each such representation and warranty is material and is being relied upon by Seller:

6. 1 Buyer' s Authority. The execution, delivery and performance of this Agreement by Buyer have beenduly and validly authorizedby all necessaryaction andproceedings, andno further action or authorization is necessary on the part of Buyer in order to consummate the transactions contemplated herein.

6. 2 No Conflict. Neither the execution nor delivery of this Agreement by Buyer, nor performance of any of its obligations hereunder, nor consummation of the transactions contemplatedhereby, shall conflict with, result in a breach of, or constitute a default under, the terms and conditions of the organizational documents pursuant to which Buyer was organized, or any agreementto which Buyer is a party or is bound, or any order or regulation of any court, regulatory body, administrative agency or governmental body having jurisdiction over Buyer.

ARTICLE 7. SURVIVAL OF REPRESENTATIONS AND WARRANTIES; AS - IS SALE.

7. 1 Survival of Warranties. Buyer and Seller agree that each representation and warranty, covenantby the respectiveparties contained herein or made in writing pursuant to this Agreement are intended to and shall be deemed made as of the date of this Agreement or such writing and again at the Closing, shall be deemedto be material, and unless expresslyprovided to the contrary shall survive the execution and delivery of this Agreement, the Deed and the Closing for aperiod of eighteen (18) months.

7. 2 Notice of Changed Circumstances. If either party becomes aware of any fact or circumstanceswhich would render false or misleading a representationor warranty madeby such party, then it shall immediately give notice of such fact or circumstance to the other party, 11 16498. 00100\ 44151333. 2
139
but such notice shall not relieve any party of any liabilities or obligations with respect to any representation or warranty.

7. 3 AS - IS: WHERE - IS. THE SALE OF THE PROPERTY HEREUNDER IS AND WILL BE MADE ON AN " AS IS, WHERE IS" BASIS. EXCEPT AS EXPRESSLY STATED

IN THIS AGREEMENT, SELLER HAS NOT MADE, DOES NOT MAKE AND

SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES

OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER

EXPRESS OR IMPLIED, VERBAL OR WRITTEN, PAST, PRESENT OR FUTURE OF, AS

TO, CONCERNING OR WITH RESPECT TO THE PROPERTY OR ANY OTHER MATTER WHATSOEVER.

ARTICLE 8. SELLER' S PRECLOSING COVENANTS.

Seller shall comply with the covenantscontained in this Article 8 from the Effective Date through the Closing Date unless Buyer consents otherwise in writing. Buyer may grant or withhold any such consentrequestedby Seller in Buyer' s sole discretion.

8. 1 Contracts and Documents. Seller shall not, without Buyer' s approval, not to be unreasonably withheld or delayed, ( a) amend or waive any right under any Preliminary Document or Additional Document, or ( b) enter into any material agreement of any type affecting the Property that would survive the Closing Date.

8. 2 Insurance. Seller shall maintain or cause to be maintained in full force and effect its presentinsurancepolicies for the Property.

8. 3 Compliance with Obligations. Seller shall fully and timely comply with all obligations to be performed by it under the other Preliminary Documents, the Conditions of Title and all permits, licenses, approvals and laws, regulations and orders applicable to the Property.

8. 4 No Transfers. Seller shall not sell, encumber or otherwise transfer any interest in all or any portion of the Property, or agreeto do so.

8. 5 Maintenance. At its sole cost and expense, Seller shall operate and maintain the Property suchthat on the Closing Date the Property shall be in at least as good a condition and repair as on the Effective Date, reasonable wear and tear excepted.

8. 6 Leases; OccupancyAgreements. Except for the Operating Lease (and any leases or occupancy agreements entered into as permitted by the Operating Lease), Seller shall not, without Buyer' s approval, enter into any leasesor occupancy agreementsaffecting the Property, unless such lease or occupancy agreement will be terminated prior to the Closing Date.

8. 7 Best Efforts. Seller shall use its best efforts to cause the conditions set forth in Section 4. 1 to be satisfied by the Closing Date, and Seller shall not take or permit any action that would result in any of the representationsand warranties set forth in Article 5 becoming false or incorrect.
12 16498. 00100\ 44151333. 2
140
ARTICLE 9. CLOSING.

9. 1 Time. Provided all conditions set forth in Article 4 have been either satisfied or waived, the parties shall close this transaction ( the " Closing"), on the date which is fourteen ( 14) days after the expiration of the Due Diligence Period (the "Closing Date"), or such earlier date as may be agreed to by Seller and Buyer, as such date may be extended by the provisions of Article 10.

9. 2 Escrow. This Article 9, together with such additional instructions as First American Title Company, 9255 Towne Centre Drive Suite 200, San Diego, CA 92121, Attn:

Sheri Keene (" Escrow Holder"), shall reasonably request and the parties shall agree to, shall constitute the escrow instructions to Escrow Holder. If there is any inconsistency between this Agreement and the Escrow Holder' s additional escrow instructions, this Agreement shall control unlessthe intent to amendthis Agreement is clearly statedin said additional instructions. Buyer and Seller shall cause Escrow Holder to execute and deliver a counterpart of this Agreement to eachof them. If the Title Company doesnot serve asthe Escrow Holder, the Title Company shall provide a letter to Buyer, in form and content acceptable to Buyer, pursuant to which the Title Company acceptsresponsibility and liability for the acts and omissions of Escrow Holder in discharging Escrow Holder' s obligations hereunder, including, without limitation, any acts or omissions of Escrow Holder relating to the Title Company's commitment to issuethe Title Policy, the receipt, recordation or delivery of any documents placed into escrow, and the receipt and disbursementof any funds placed into escrow.

9. 3 Seller' s Deposit of Documents and Funds Into Escrow. Seller shall deposit into escrow on or before Closing the following documents:

9. 3. 1 A duly executedand acknowledged grant deedconveying the Property to Buyer (" Grant Deed") in the form attached as Exhibit C;

9. 3. 2 Unless Escrow Holder determines sufficient funds from the Purchase Price will be available at Closing as set forth in the closing statement, all costs of Closing as set forth in Section 9.9, plus or minus prorations as provided in Section 9.8;

9. 3. 3 Seller' s Non - foreign Certification;

9. 3. 4 Seller' s closing statement, duly executedby Seller;

9. 3. 5 A bill of sale in the form attached hereto as Exhibit D ( the ` Bill of Sale"), fully executedby Seller, assigning andtransferring to Buyer all of Seller'sright, title and interest in and to any personal property included in the Property;

9. 3. 6 A duly executedassignment, in the form of Exhibit E, assigningto Buyer all of Seller' s interest ( a) in all warranties of which Seller is the beneficiary with respect to the Property, (b) in all intangible assetsof the Property, (c) in the Service Contracts which Buyer has elected to assume, and ( d) in the Leases ( the " Assignment and Assumption"); 13 16498. 00100\ 44151333. 2
141

9. 3. 7 Such additional documents, including written escrow instructions consistentwith this Agreement, asmay be necessaryor desirablefor conveyanceof the Property in accordance with this Agreement; and

9. 3. 8 Form 593.

9. 4 Deliveries Outside of Escrow. Notwithstanding Section 9.3, Seller and Buyer may elect to deliver the documentsdescribedin Section 9.3 outside of escrow (other than documents which are to be recorded) by giving Escrow Holder a joint written notice of such election, specifying the documentswhich will be so delivered outside of escrow. Upon receipt of such notice, Escrow Holder shall have no further obligation concerning such specified documents.

9. 5 Buyer' s Deposit of Documents and Funds. Buyer shall deposit into escrow:

9. 5. 1 The PurchasePrice in accordancewith the provisions of Article 2, plus or minus prorations as provided in Section 9.8, by electronic transfer of federal funds to Escrow Holder, on or before the Closing Date;

9. 5. 2 In addition to the Purchase Price and other funds deposited by Buyer with Escrow Holder, funds sufficient to pay all amountsrequired to be paid by Buyer at Closing in accordance with the provisions of Section 9.9 hereof, by electronic transfer of federal funds to Escrow Holder, on or before the Closing Date;

9. 5. 3 Buyer' s executed counterpart of the Assignment and Assumption; and

9. 5. 4 Such additional documents, including written escrow instructions consistent with this Agreement, as may be necessary or desirable for conveyance of the Property in accordance with this Agreement.

9. 6 Default, Termination and Remedies.

9. 6. 1 Buyer' s Termination. This Agreement shall automatically terminate without further notice or action by Buyer upon the occurrenceof any of the following events, provided that Buyer is not then in material breach of this Agreement: ( a) any condition to Closing contained in Section 4.1 hasnot been satisfied or waived by Buyer by the Closing Date; or ( b) Buyer having exercised its right to terminate this Agreement pursuant to Section 3.4 disapproval of Due Diligence Investigation), Section 3. 5 ( disapproval of title) or Article 10 damage or condemnation). In such event, the parties shall have no further obligation to each other except for thoseobligations that specifically survive the termination of this Agreement. If this Agreement terminates as a result of Seller' s material breach of this Agreement, Buyer shall have all remedies it may havehereunder or at law asa result of such occurrence, including the remedy of specific performance.

9. 6. 2 Seller' s Termination. Provided that Seller is not then in material breach of this Agreement, this Agreement shall automatically terminate without further notice or action by Seller if any condition to Closing contained in Section 4.2 hasnot been satisfied or waived by Seller by the Closing Date.
14 16498. 00100\ 44151333. 2
142

9. 6. 3 Release from Escrow. Upon termination of this Agreement pursuant to Section 9.6.1 or 9.6.2, except asotherwise expresslyprovided herein, Escrow Holder shall promptly return to Buyer and Seller, respectively, all documents and monies deposited by them into escrow without prejudice to their rights and remedieshereunder.

9. 6. 4 Remedies.
a) Buyer' s Remedies. In the event of any breach or default by Seller hereunder, and such breach or default is not cured within five ( 5) days following written notice from the Buyer, Buyer' s soleremedy against Seller shall be limited to the option to either (i) terminate this Agreement, in which case Buyer shall be entitled to a full refund of the Deposit together with the reimbursement of all of Buyer' s out-of-pocket costs and expenses (including reasonable attorneys' fees and costs) actually incurred in connection with the transaction, including, without limitation, in connection with the preparation of this Agreement and the performance of Buyer' s due diligence; or ( ii) bring an action for specific performance against Seller, provided suchaction is commencedwithin one hundred twenty ( 120) daysafter the scheduled Closing Date.
b) Seller' s Remedies/ Liquidated Damages. IF BEFORE THE

CLOSE OF ESCROW BUYER FAILS TO COMPLY WITH OR PERFORM BUYER' S

OBLIGATIONS UNDER THIS AGREEMENT AND ( EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH 9. 6) DOES NOT CURE SUCH FAILURE WITHIN TEN BUSINESS DAYS

AFTER SELLER' S WRITTEN NOTICE OF SUCH FAILURE, THEN SELLER MAY THEREAFTER: ( I) TERMINATE THIS AGREEMENT; ( II) RECEIVE AND RETAIN THE

DEPOSIT AS LIQUIDATED DAMAGES IF SUCH DEFAULT OCCURS AFTER BUYER' S APPROVAL PERIOD; AND ( III) EXERCISE THE OTHER RIGHTS AND REMEDIES RESERVED BY SELLER AS PROVIDED IN THIS PARAGRAPH. IN THE EVENT

SELLER TERMINATES THIS AGREEMENT BY REASON OF BUYER' S DEFAULT,

BUYER AND SELLER SHALL BE RELIEVED OF ANY FURTHER OBLIGATION TO

EACH OTHER WITH RESPECT TO THIS AGREEMENT AND THE PROPERTY EXCEPT FOR ANY OBLIGATIONS WHICH EXPRESSLY SURVIVE. IT IS EXPRESSLY UNDERSTOOD AND AGREED BY BUYER AND SELLER: THAT SELLER WILL INCUR

SUBSTANTIAL DAMAGES AS A RESULT OF ANY FAILURE BY BUYER TO COMPLY WITH OR PERFORM BUYER' S OBLIGATIONS UNDER THIS AGREEMENT; THAT IT IS

EXTREMELY DIFFICULT AND IMPRACTICAL TO CALCULATE AND ASCERTAIN AS

OF THE EFFECTIVE DATE OF THIS AGREEMENT THE ACTUAL DAMAGES WHICH WOULD BE SUFFERED IN SUCH EVENT BY SELLER; AND THAT THE DEPOSIT IS A

REASONABLE ESTIMATE OF THE EXTENT TO WHICH SELLER MAY BE DAMAGED

BY BUYER' S DEFAULT IN LIGHT OF THE DIFFICULTY THE PARTIES WOULD HAVE

IN DETERMINING SELLER' S ACTUAL DAMAGES AS A RESULT OF SUCH DEFAULT BY BUYER.

SELLER' S INITIALS BUYER' S INITIALS
c) Waiver of Specific Performance. SELLER HEREBY WAIVES

THE RIGHT TO MAINTAIN AN ACTION FOR SPECIFIC PERFORMANCE OF BUYER' S 15 16498. 00100\ 44151333. 2
143

OBLIGATION TO PURCHASE THE PROPERTY AND SELLER AGREES THAT SELLER

CAN BE ADEQUATELY COMPENSATED IN MONEY DAMAGES IF BUYER FAILS TO PURCHASE THE PROPERTY IN BREACH OF THIS AGREEMENT. SELLER

ACKNOWLEDGES THAT THE PROVISIONS OF THIS PARAGRAPH ARE A MATERIAL

PART OF THE CONSIDERATION BEING GIVEN TO BUYER FOR ENTERING INTO

THIS AGREEMENT AND THAT BUYER WOULD BE UNWILLING TO ENTER INTO THIS AGREEMENT IN THE ABSENCE OF THE PROVISIONS OF THIS PARAGRAPH.

SELLER' S INITIALS BUYER' S INITIALS

9. 7 Closing. When Escrow Holder has received all documents and funds identified in Sections 9. 3 and 9. 5, has received notification from Buyer and Seller that all conditions to Closing to be satisfied outside of escrow have been satisfied or waived and Title Company is irrevocably committed to issue the Title Policy, then, and only then, Escrow Holder shall:

9. 7. 1 Record the Grant Deed;

9. 7. 2 Cause the Title Company to issue the Title Policy to Buyer;

9. 7. 3 To the extent not otherwise delivered to Buyer outside of escrow, deliver to Buyer: ( a) a conformed copy ( showing all recording information thereon) of the Grant Deed; b) the Bill of Sale, ( c) the Assignment and Assumption, and ( d) the Non - foreign Certification;

9. 7. 4 Deliver the Purchase Price ( as adjusted pursuant to Section 9.8 and 9.9) to Seller;
Escrow Holder shall prepare and sign closing statements showing all receipts and disbursements and deliver copies to Buyer and Seller and, if applicable, shall file with the Internal Revenue Service ( with copies to Buyer and Seller) the reporting statement required under Section 6045( e) of the Internal Revenue Code.

9. 8 Prorations.

9. 8. 1 Property Taxes. Generalreal estatetaxes, water or sewerrates and charges (if not metered), personal property taxes, or any other governmental tax or chargelevied or assessedagainst the Property ( collectively, the " Taxes"), relating to the Property and payable during the year in which Closing occurs shall not be prorated between Seller and Buyer in Escrow. Upon recordation of the Grant Deed, Buyer will request cancellation of the real property taxes for the Property pursuant to California Revenueand Taxation Code Section 4986.

If current taxes have not yet been paid as of the Closing Date, then at Closing Seller shall pay through Escrow or out of Seller' sproceeds, the full amount of the installment applicable for the period in which Closing occurs. Seller shall be entitled to a refund of any excess payment made to the taxing authority on accountof the Property, including any taxespaid by Seller and applicable to any period from and after the Closing Date. The taxing authority will notify Seller of any refund due Seller resulting from the subject acquisition after a review and any subsequent proration of the property tax assessment by the county assessor. Seller retains the right, following close of escrow, to apply to the appropriate governmental authority/ ies for refund of 16498. 00100\ 44151333. 2
144
real property taxespursuant to Revenueand Taxation Code Section 5096.7 (or suchother applicable law), and Buyer shall reasonably cooperatewith Seller's efforts to obtain saidrefund.

9. 8. 2 Rent. All rent or other occupancy fees or revenues paid by the tenants or other occupantsunder the Leasesduring the month of Closing (collectively, " Rent") shall be prorated as of the Closing Date based on the respective number of days of ownership of Seller and Buyer for such month to which such Rent relates; provided, however, that neither Buyer nor Seller shall receive credit at Closing for any Rent that is past due (the " Past Due Rent").

Following the Closing, if Buyer or Seller receives any payment from any tenant for which Past Due Rent is outstanding, such payment shall be distributed in the following order of priority: ( a) first, to Rent due andpayable by suchtenantunder its Leasefor the month in which the Closing Date occurs, ( b) second, to Buyer for Rent then due and payable by such tenant under its Lease and which Rent becamedue after the Closing Date, and (c) then, after payment in full of all such amounts then due and payable to Buyer from such tenant, to Seller to the extent of all Past Due Rent owed by suchtenant, together with interest and late charges, if applicable. Buyer shall use commercially reasonable efforts to collect on behalf of Seller all Past Due Rent, but shall not be obligated to spendany money, or declare a default, threatenor undertake litigation or dispossess any Tenant or any of their subtenants.

9. 8. 3 Utility Char. All utility chargesshall beprorated as of the Closing Date and Seller shall obtain a final billing therefor. All utility security deposits, if any, shall be retained by Seller.

9. 9 Costs and Expenses.

9. 9. 1 Seller. Seller shall pay: ( i) the cost of recording any releases of mortgages, liens or encumbrances as required hereunder; ( ii) the real estate transfer tax or conveyance fee ( if any), ( iii) the recording fee for the Seller' s Deed ( if any), ( iv) one half of Escrow Holder' s fees and costs for the Escrow, ( v) the cost of a CLTA Standard Owner' s Policy in the amount of the Purchase Price, ( vi) any other costs customarily paid by a seller ( and not expressly stated otherwise herein) in the county in which the Property is located, ( vii) Seller' s share of prorations, and ( viii) Seller' s attorneys' fees.

9. 9. 2 Buyer. Buyer shall pay: ( i) the incremental cost of any ALTA Owner' s Policy and endorsementsto any title policy requestedby Buyer andthe cost of any ALTA Survey orderedby Buyer; (ii) onehalf of Escrow Holder' s feesand costs for the Escrow; (iii) Buyer' s share of prorations, ( iv) all costs associated with any financing that may be obtained by Buyer; and ( v) Buyer' s attorneys' fees.

9. 10 Possession. Seller shall deliver exclusive right of possession of the Property to Buyer by 5:00 pm on the Closing Date, subject only to the Conditions of Title andthe rights of any tenants or occupants under the Leases.

ARTICLE 10. DAMAGE, DESTRUCTION AND CONDEMNATION.

Seller shall promptly notify Buyer in writing of any material damage to the Property and of any taking or threatenedtaking of all or any portion of the Property. Within a reasonable period of time after receipt of such notice, Buyer shall determine whether a material 17 16498. 00100\ 44151333. 2
145
part of the Property has beendamagedor whether suchtaking or threatenedtaking has affected or will affect a material part of the Property. As usedherein, (a) the destruction of a " material part" of the Property shall be deemed to mean an insured or uninsured casualty to the Property having an estimatedcost of repair which in the reasonablejudgment of Buyer equalsor exceeds 25,000 and (b) a taking by eminent domain of a portion of the Property shall be deemed to affect a "material part" of the Property if in the reasonablejudgment of Buyer the estimated value of the portion of the Property taken exceeds $25, 000. Upon making its determination, Buyer shall notify Seller in writing of the results of suchdetermination. Buyer may elect, by written notice delivered to Seller within 30 days after giving Seller notice of such determination, to terminate this Agreement in accordancewith Section 9.6.1 if a material part of the Property has been damaged or if such taping has affected or will affect a material part of the Property. If Buyer does not so terminate, ( i) in the caseof damageto a material part of the Property, Seller shall assign to Buyer at the Closing its right to recover under any insurance policies covering such damageand shall pay Buyer at the Closing the amount of the deductible, if any, and (n) in the case of a threatened or actual taking of a material part of the Property, Seller shall assign to Buyer at the Closing Seller' s entire right, title and interest in the proceedsthereof. If between the Effective Date and the Closing Date the Property suffers damage which is not material, Seller shall repair such damageat its expenseprior to the Closing, and the Closing Date shall be extended for a reasonable period of time not to exceed 30 days to allow for completion of such repairs. The Closing Date shall be extendedasnecessaryto permit Buyer to exerciseits rights under this Article 10.

ARTICLE 11. GENERAL.

11. 1 Notices. All notices, demands, approvals, and other communications provided for in this Agreement shall be in writing and shall be effective ( a) when personally delivered to the recipient at the recipient' s address set forth below; ( b) three business days after deposit in a sealed envelope in the United States mail, postage prepaid, by registered or certified mail, return receipt requested, addressed to the recipient as set forth below; ( c) one businessday after deposit with a recognized overnight courier or delivery service, addressed to the recipient as set forth below, whichever is earlier; or (d) by email when such email is transmitted to the notice address, and shall be deemed received on that same day unless given after 5:00 p.m. in the receiving location, in which casesuchreceipt shall be deemedthe next businessday (provided that email notice shall not be effective unless a copy of such notice is also concurrently sent in accordance with clause ( b) or ( c) of this sentence). If the date on which any notice to be given hereunder falls on a Saturday, Sunday or legal holiday, then such date shall automatically be extended to the next businessday immediately following such Saturday, Sundayor legal holiday.

The addresses for notice are:

SELLER: FONTANA MOTOR LODGE
Email:

RAMESH AND RADHA PATEL REVOCABLE LIVING
TRUST dated October 26, 2023
16498. 00100\ 44151333. 2
ElH.

Email:

BUYER: City of Fontana
City Hall
Attn: City Manager
8353 Sierra Avenue
Fontana, CA 92335
With Copy to: Best Best & Krieger LLP
Attn: Brian Whitley, Esq.
74760 Highway 111, Suite 100
Indian Wells, CA 92210
Either party may change its address by written notice to the other given in the manner set forth above.

11. 2 Entire Agreement. This Agreement and the Schedules and Exhibits hereto contain the entire agreement and understanding between Buyer and Seller concerning the subject matter of this Agreement and supersede all prior agreements, including any previous letter of intent or terms, understandings, conditions, representations and warranties, whether written or oral, made by Buyer or Seller concerning the Property or the other matters which are the subject of this Agreement.

11. 3 Amendments and Waivers. No addition to or modification of this Agreement shall be effective unless set forth in writing and signed by the parry against whom the addition or modification is sought to be enforced. The party benefited by any condition or obligation may waive the same, but such waiver shall not be enforceable by another party unless made in writing and signedby the waiving party.

11. 4 Invalidity of Provision. If any provision of this Agreement as applied to either party or to any circumstance shall be adjudgedby a court of competentjurisdiction to be void or unenforceable for any reason, the same shall in no way affect ( to the maximum extent permissible by law) any other provision of this Agreement, the application of any suchprovision under circumstances different from those adjudicated by the court, or the validity or enforceability of this Agreement as a whole.

11. 5 References. Unless otherwise indicated, ( a) all Article, Section, Schedule and Exhibit references are to the articles, sections, schedules and exhibits of this Agreement, and ( b) all references to days are to calendar days. All the Schedules and Exhibits attached hereto are incorporated herein by this reference. Whenever under the terms of this Agreement the time for performance of a covenant or condition falls upon a Saturday, Sunday or California state holiday, such time for performance shall be extendedto the next businessday. The headingsusedin this Agreement are provided for convenience only and this Agreement shall be interpreted without 19 16498. 00100\ 44151333. 2
147
referenceto any headings. The masculine, feminine or neuter genderand the singular or plural number shall be deemed to include the others whenever the context so indicates or requires.

11. 6 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California applicable to contracts made and to be performed in California.

11. 7 Confidentiality andPublicity. Buyer is apublic entity and as such, this Agreement, upon its presentation for approval at Buyer' s City council at a duly called and agendizedpublic meeting, shall be subject to the Public RecordsAct and the Freedom of Information Act. No press release or other public disclosure may be made by Seller or any of its agentsregarding Buyer' s intent for this Property this transaction without theprior consentof Buyer.

11. 8 Time. Time is of the essencein the performance of the parties' respective obligations under this Agreement.

11. 9 Attorneys' Fees. In the event of any legal or equitableproceeding to enforce any of the terms or conditions of this Agreement, or any alleged disputes, breaches, defaults or misrepresentations in connection with any provision of this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable costs and expenses, including, without limitation, reasonableattorneys' feesand costs of defensepaid or incurred in good faith.

11. 10 Assi n. This Agreement shall inure to the benefit of and be binding upon the parties hereto andtheir respective successorsand assigns. However, Seller shall not have the right to assign all or any portion of its interest in this Agreement without Buyer' s prior written consent. Buyer shall have the right to assign all or any portion of its interest in this Agreement, or substitute for itself a nominee, upon notice to Seller not later than three days prior to the Closing Date.

11. 11 Further Assurances. Seller, at any time before or after Closing, shall, at its own expense, execute, acknowledge and deliver any further deeds, assignments, conveyances and other assurances, documentsand instruments of transfer reasonablyrequestedby Buyer and shall take any other action consistent with the terms of this Agreement that may reasonably be requestedby Buyer for the purposeof transferring and confirming to Buyer, or reducing to Buyer' s possession, any or all of the Property or otherwise carrying out the terms of this Agreement.

11. 12 Cooperation With Exchange. Buyer agrees to cooperate, at no expense to Buyer, with Seller if Seller intends to accomplish a tax -deferred exchangepursuant to Section 1031 of the Internal Revenue Code of 1986. Seller may assign this Agreement to an exchange intermediary for the purpose of facilitating suchan exchangeby the assigningparty. Buyer' s duty to cooperate shall be limited to the transfer of money to Seller or Seller' s designee in exchangefor the Property, and in no event shall Buyer act aspurchaseror acquirer of any exchange property. Seller shall indemnify and defend and hold Buyer harmless from any claims, loss, damagesor liability arising out of participation in an exchange. 20 16498. 00100\ 44151333. 2
148

11.13 No Third Party Beneficiaries. Nothing in this Agreement, expressor implied, is intended to confer any rights or remediesunder or by reasonof this Agreement on any person other than the parties to it and their respective permitted successors and assigns, nor is anything in this Agreement intended to relieve or dischargeany obligation of any third personto any party hereto or give any third person any right of subrogation or action over against any party to this Agreement.

11. 14 Remedies Cumulative. The remedies set forth in this Agreement are cumulative and not exclusive to any other legal or equitableremedy available to a party.

11.15 Commissions, Indemnity, Disclosure. Each party represents to the other party that there is no broker representing such party in the current transaction, and that the representing party has incurred no liability for any brokerage commission or finder' s fee arising from or relating to the transactionscontemplated by this Agreement. Seller shall pay a commission to Seller' s Broker pursuant to a separate agreement between Seller and Seller' s Broker upon the Closing. Eachparty hereby indemnifies and agreesto protect, defend and hold harmlessthe other party from and against all liability, cost, damage or expense ( including without limitation attorneys' feesand costsincurred in connection therewith) on account of any brokerage commission or finder' s fee which the indemnifying party has agreed to pay or which is claimed to be due as a result of the actions of the indemnifying party. This Section 11.15 is intended to be solely for the benefit of the parties hereto and is not intended to benefit, nor may it be relied upon by, any person or entity not a party to this Agreement.

11.16 Counterparts/ Facsimile/ PDF Signatures. This Agreement may be executed in counterpartsand when so executedby the parties, eachof which shall be deemedan original, but all of which together shall constitute one andthe sameinstrument that shall be binding upon the parties, notwithstanding that the parties may not be signatories to the same counterpart or counterparts. The parties may integrate their respective counterpartsby attaching the signature pages of each separate counterpart to a single counterpart. In order to expedite the transaction contemplated herein, facsimile or .pdf signatures may be used in place of original signatures on this Agreement. Seller and Buyer intend to be bound by the signatures on the facsimile or .pdf document, areawarethat the other party will rely on the facsimile or .pdf signatures, and hereby waive any defenses to the enforcement of the terms of this Agreement based on the form of signature.

IN WITNESS WHEREOF, each Party has executed this Agreement on the date set forth below next to that Party' s signature.

SIGNATURES ON FOLLOWING PAGE]
21 16498. 00100\ 44151333. 2
149
BUYER"

CITY OF FONTANA,
a municipal corporation
Matthew C. Ballantyne, City Manager
Attest:

Germaine Key, City Clerk
Approved as to Form:

Best Best & Krieger LLP
SELLER"

FONTANA MOTOR LODGE,
a California general partnership
WE
WE
RAMESH PATEL, General Partner
RADHA PATEL, General Partner
Dated:

Dated: , 2025
RAMESH RANCHHODBHA PATEL, co - trustee under the

RAMESH AND RADHA PATEL REVOCABLE LIVING TRUST
dated October 26, 2023
RADHA RAMESH PATEL, co - trustee under the

RAMESH AND RADHA PATEL REVOCABLE LIVING TRUST
dated October 26, 2023
22 2025
16498. 00100\ 44151333. 2
150

ACCEPTANCE BY ESCROW HOLDER
We acknowledge receipt on , 2025, of a fully executed
copy of the foregoing " Agreement for Purchase and Sale and Joint Escrow Instructions" fully executedby Seller and Buyer. This escrow is assignedescrow no.:
23 FIRST AMERICAN TITLE COMPANY
M.

Name]
16498. 00100\ 44151333. 2
151

LIST OF EXHIBITS
EXHIBIT " A" - LEGAL DESCRIPTION OF PROPERTY
EXHIBIT " B" - CERTIFICATE OF NON - FOREIGN STATUS
EXHIBIT " C" - GRANT DEED
EXHIBIT " D" - BILL OF SALE
EXHIBIT ` E" - ASSIGNMENT AND ASSUMPTION
16498. 00100\ 44151333. 2
152
EXHIBIT " A" TO

AGREEMENT FOR PURCHASE AND SALE

AND JOINT ESCROW INSTRUCTIONS
Legal Description of Property
16498. 00100\ 44151333. 2
153
EXHIBIT " B" TO

AGREEMENT FOR PURCHASE AND SALE

AND JOINT ESCROW INSTRUCTION

TRANSFEROR' S CERTIFICATION OF NON - FOREIGN STATUS
Section 1445 of the Internal Revenue Code of 1986, as amended ( the " Code"), provides that a transfereeof a U.S. real property interest must withhold tax if the transferor is a foreign person. To inform the CITY OF COLTON, a California municipal corporation ( the " Transferee"), that withholding of tax under Section 1445 of the Code will not be required upon the transfer of a U.S. real property interest to the Transferee by ( the " Transferor"), the undersigned hereby certifies the following on behalf of the Transferor:

1. The Transferor is not a foreign corporation, foreign partnership, foreign trust or foreign estate (asthose terms are defined in the Code and the Income Tax Regulations promulgated thereunder); The Transferor' s U. S. employer identification number is ; and The Transferor' s office address is
The Transferor understandsthat this Certificate may be disclosed to the Internal RevenueService by the Transferee and that any false statement contained herein could be punished by fine, imprisonment, or both.

Under penalty of perjury I declare that I have examined this Certification and, to the best of my knowledge and belief, it is true, correct and complete, and I further declarethat I have authority to sign this document on behalf of the Transferor.

DATED: . 20

FONTANA MOTOR LODGE,
a California general partnership
RAMESH PATEL, General Partner
RADHA PATEL, General Partner
RAMESH RANCHHODBHA PATEL, co - trustee under the

RAMESH AND RADHA PATEL REVOCABLE LIVING TRUST
dated October 26, 2023
RADHA RAMESH PATEL, co - trustee under the

RAMESH AND RADHA PATEL REVOCABLE LIVING TRUST
dated October 26, 2023
W
16498. 00100\ 44151333. 2
154
EXHIBIT " C" TO

AGREEMENT FOR PURCHASE AND SALE

AND JOINT ESCROW INSTRUCTIONS
Grant Deed
Attached]
27 16498. 00100\ 44151333. 2
155
RECORDING REQUESTED BY:

TITLE]
WHEN RECORDED RETURN TO:

CITY OF FONTANA
8353 Sierra Avenue
Fontana, CA 92335
Attn: City Clerk

GRANT DEED
Space above this line for Recorder' s Use
No Recording Fee Pursuant to Gov' t Code § 27383
No Documentary Transfer Tax Pursuant to
California Revenue & Taxation Code § 11922
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, FONTANA MOTOR LODGE, a California general partnership, and RAMESH RANCHHODBHA PATEL and RADHA RAMESH PATEL, co - trustees under the RAMESH AND RADHA PATEL REVOCABLE LIVING TRUST dated October 26, 2023, as tenants in common (" Grantor") hereby GRANTS to CITY Of FONTANA, a municipal corporation Grantee"), the following described real property in the City of Fontana, County of San Bernardino, State of California:

SEE EXHIBIT " 1" ATTACHED HERETO.

Dated: , 2025 [ Insert Name of Seller]
By: EXHIBIT ONLY — DO NOT EXECUTE
Name)
Title)
1 16498. 00100\ 44151333. 2
156

STATE OF CALIFORNIA

COUNTY OF
On before me, ( here
insert name and title of the officer), 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 Stateof California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
2 Seal)
16498. 00100\ 44151333. 2
157
EXHIBIT " I" TO GRANT DEED

LEGAL DESCRIPTION
EXHIBIT " I" TO GRANT DEED
16498. 00100\ 44151333. 2
158

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the above Grant Deed from FONTANA MOTOR LODGE, a California general partnership, and RAMESH RANCHHODBHA PATEL and RADHA RAMESH PATEL, co - trustees under the RAMESH AND RADHA PATEL REVOCABLE LIVING TRUST dated October 26, 2023 (" Grantor") to CITY OF FONTANA (" Grantee"), is hereby acceptedby the undersigned officer on behalf of Grantee pursuant to authority conferred by the Grantee's governing board, and Grantee hereby consents to recordation of said Grant Deed.

CITY OF FONTANA,
a municipal corporation
Wo
Matthew C. Ballantyne, City Manager
Attest:

Germaine Key, City Clerk
Dated: , 2025
16498. 00100\ 44151333. 2
159
EXHIBIT " D" TO

AGREEMENT FOR PURCHASE AND SALE

AND JOINT ESCROW INSTRUCTIONS
Bill of Sale
Attached)
EXHIBIT " D"
16498. 00100\ 44151333. 2
160

BILL OF SALE
This Bill of Sale is made as of this day of , 2025, by
FONTANA MOTOR LODGE, a California general partnership, and RAMESH RANCHHODBHA PATEL and RADHA RAMESH PATEL, co - trustees under the RAMESH AND RADHA PATEL REVOCABLE LIVING TRUST dated October 26, 2023 Seller"), in favor of CITY OF FONTANA, a municipal corporation (" Buyer").

For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Seller hereby assigns and transfers to Buyer, its successorsand assigns, all of Seller' s right, title and interest in and to all the personal property ( collectively, the " Personal Property") owned by Seller and located on the Real Property ( more particularly described on Exhibit " 1" hereto) as of the date hereof.

The PersonalProperty transferred hereby is transferred "AS IS", " WHERE IS" and WITH ALL FAULTS", and without any representation or warranty whatsoever.

IN WITNESS WHEREOF, the undersigned has executed this Bill of Sale as of the day and year first above written.

Dated: 2025 [ Insert Name of Seller]
By: [ EXHIBIT ONLY — DO NOT EXECUTE]
Name)
Title)
16498. 00100\ 44151333. 2
161
EXHIBIT " I" TO BILL OF SALE

LEGAL DESCRIPTION
16498. 00100\ 44151333. 2
162
EXHIBIT " E" TO

AGREEMENT FOR PURCHASE AND SALE

AND JOINT ESCROW INSTRUCTIONS
Assignment and Assumption
Attached)
EXHIBIT " E"
16498. 00100\ 44151333. 2
163

ASSIGNMENT AND ASSUMPTION
THIS ASSIGNMENT AND ASSUMPTION ( the " Assignment") is made as of the day of , 2025, by and between FONTANA MOTOR LODGE, a California generalpartnership, and RAMESH RANCHHODBHA PATEL and RADHA RAMESH PATEL, co - trustees under the RAMESH AND RADHA PATEL REVOCABLE LIVING TRUST dated October 26, 2023 (" Assignor"), in favor of CITY OF FONTANA, a municipal corporation Assignee").

1. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Assignor hereby assigns and transfers to Assignee as of the date title to the property describedon Exhibit 1 attachedhereto and incorporated herein by this reference (the Property") is transferred to Assignee ( the " Transfer Date"), all of the following relating to the Property, to the extent assignable, and without representationor warranty of any kind whatsoever, express or implied:
a) any and all assignablegovernmental licenses, permits, certificates including certificates of completion and certificates of occupancy), authorizations and approvals held by Assignor in connection with the current occupancy, useand operation of, and construction upon, the Property ( collectively, the " Permits"); and b) any and all assignablewarranties and guarantiesincluding, without limitation, contractor' s, architect' s and manufacturer' s warranties and guaranties held by Assignor and given by third parties with respect to the Property (collectively, the "Warranties"); and c) all equipment leases, service and/ or maintenance agreements and contracts relating to the Real Property ( collectively, the " Contracts"), as more particularly described in Exhibit 2 attached hereto.
d) all tenant leases and occupancy agreements relating to the Real Property ( collectively, the " Leases"), as more particularly described in Exhibit 3 attached hereto.

2. Assignee accepts this Assignment and hereby assumes and agrees to perform from and after the Transfer Date all of Assignor' s covenants, agreements and obligations under the Permits, Warranties, Contracts and Leases.

3. The Parties shall engage in good faith non -binding mediation prior to initiation of any litigation. If legal action is commenced to enforce or to declare the effect of any provision of this Assignment, or any document executedin connection with this Assignment, the prevailing party shall be entitled to recover from the non -prevailing party attorneys' fees and other litigation costs. In addition to the foregoing award of attorneys' fees to the prevailing party, the prevailing party in any lawsuit on this Assignment or any document executed in connection with this Assignment shall be entitled to its attorneys' feesincurred in any post judgment proceedings to collect or enforce the judgment. This provision is separate and several and shall survive the merger of this Assignment or any document executedin connection with this Assignment into any judgment on this Assignment or any document executed in connection with this Assignment. 16498. 00100\ 44151333. 2
164

4. This Assignment shall binding on and inure to the benefit of the parties herein, their heirs, executors, administrators, successors in interest and assigns.

5. This Assignment shall be governed by and construed in accordance with the laws of the State of California.

SIGNATURES ON FOLLOWING PAGE]
16498. 00100\ 44151333. 2
165
IN WITNESS WHEREOF, this Assignment andAssumption is madeasof the day and year first abovewritten.

ASSIGNOR"

FONTANA MOTOR LODGE,
a California generalpartnership
RAMESH PATEL, General Partner
RADHA PATEL, General Partner
Dated: , 2025
RAMESH RANCHHODBHA PATEL, co - trustee under the

RAMESH AND RADHA PATEL REVOCABLE LIVING TRUST
dated October 26, 2023
RADHA RAMESH PATEL, co - trustee under the

RAMESH AND RADHA PATEL REVOCABLE LIVING TRUST
dated October 26, 2023
ASSIGNEE"

CITY OF FONTANA,
a municipal corporation
Matthew C. Ballantyne, City Manager
Attest:

Germaine Key, City Clerk
Approved as to Form:

Best Best & Krieger LLP
Dated: 2025
16498. 00100\ 44151333. 2
EXHIBIT " 1" TO ASSIGNMENT AND ASSUMPTION

LEGAL DESCRIPTION
16498. 00100\ 44151333. 2
167
EXHIBIT " 2" TO ASSIGNMENT AND ASSUMPTION

CONTRACTS
16498. 00100\ 44151333. 2
168

EXHIBIT ' ' TO ASSIGNMENT AND ASSUMPTION
LEASES
16498. 00100\ 44151333. 2
169
SCHEDULE 5. 7

LISTING OF ALL CONTRACTS, LEASES AND OCCUPANCY AGREEMENTS

AFFECTING THE PROPERTY
16498. 00100\ 44151333. 2
170
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25- 0586 Agenda Date: 10/ 28/ 2025
Agenda #: J. Category: Consent Calendar
FROM:

Development Services
SUBJECT:

Purchase and Sale Agreement- 16565 Orange Way
RECOMMENDATION:

Approve a Purchase & Sale Agreement for the purchase of buildings and associated land located at 16565 Orange Way, Fontana CA 92335 specifically described as APN 0191- 251- 25 in the amount of $2,800, 000 plus escrow costs and related acquisition fees.

2. Authorize the purchase of that certain Real Property with APN 0191- 251- 25 compromised of approximately 0.68- acre parcel with a 16,000 square foot building (" Property") from Fontana Orange, LLC, a California Limited Liability Company.

3. Authorize the City Manager to enter into the Purchase and Sale Agreement and/ or any other documents necessary or appropriate to facilitate said purchase on behalf of the City of Fontana.

COUNCIL GOALS:

Practice sound fiscal management by living within our means while investing in the future.

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:

The City of Fontana continues to experience significant population growth and is now the most populous city in San Bernardino County. This growth has led to a corresponding increase in public infrastructure and demands on public services, supplies, equipment, and materials. To illustrate the scale of current maintenance responsibilities, Public Works staff currently manage over 220 traffic signals, 52 public parks, 470 miles of sewer lines, 640 centerline miles of roadway, and more than 28 public buildings - including the recently completed downtown parking structure.

The Public Works North Yard, located at 16440 Orange Way, serves as the city' s hazardous waste intake as well as equipment and material storage supply for public works operations. In addition to storage contained in the north yard, various city departments rent space from various storage facilities located throughout the city. To facilitate prompt repairs and service the demands of the businesses and residents of the city, additional storage capacity is needed.

City of Fontana Page 1 of 2 Printed on 10/ 23/ 2025
pcvwTi fl by mystar'
171
File #: 25- 0586 Agenda Date: 10/ 28/ 2025
Agenda #: J. Category: Consent Calendar
The North Yard is not capable of supporting the storage needs of the city and it is economically inefficient to expand the city' s use of privately owned storage facilities. Staff proposes acquisition of this property to resolve the ongoing growing demands of the city. Increased storage capacity will allow for more economic acquisitions of items needed for routine and specialized maintenance, including traffic signal poles, utility cabinets, park benches, light poles and other essential materials required for the daily upkeep of city assets.

The City and the Seller have negotiated a Purchase Agreement with the following proposed deal - points:

The City of Fontana would acquire the property for the price of $2,800, 000.

The City of Fontana and Seller Fontana Orange, LLC will equally split any/ all escrow fees as appropriate.

The City will have 60 days from the opening of escrow to complete its due diligence on the subject property to confirm the suitability and condition of the property for the city' s intended use.

The City will have a sixty- day financing period to complete all wire -transfers and documents necessary for the close of escrow after approval of the feasibility review.

Approval of the Purchase Agreement and acquisition of the subject property is a crucial step in the City' s efforts to efficiently maintain the city' s growing list of assets and facilities.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is estimated to be $ 3,500, 000 ( including escrow costs, acquisition fees, and site improvements). The necessary budget adjustments will be included in the FY 25- 26 First Quarter Budget Report Fund 601 and 632.

MOTION:

Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 10/ 23/ 2025
pcvwwTiflbyRdmystar ' 172
DOCUSign Envelope ID: E06AE5AD- A81 F-49EM429- Dl lA835E512C ti
aux

STANDARD OFFER, AGREEMENT AND ESCROW INSTRUCTIONS

FOR PURCHASE OF REAL ESTATE
Non - Residential)
Dated: . 13Lu t- fernbe Y, 2 4 , 1_ 2L)2 _5

1. Buyer.

1. 1 --- of fgrit- arica , (" Buyer") hereby offers to purchase the real property, hereinafter described, from the owner thereof (" Seller") Collectively, the " Parties" or individually, a " Party"), through an escrow (" Escrow") to close 3axa.. — 7 _ days after the waiver or satisfaction of the Buyer' s Contingencies, (" Expected Closing Date") to be held by _ YJ Escrow Holder") whose address is 901. VJ. a PJ_ ernori t e S) U i t 1 5 0 0 rr t a xi c) CA 91 - 7 d- s Charrribe.r: s escrow off. i. c-,erPhone No. 909- 510- 6206 , Facsimile No, _ upon the termsand conditionsset forthin thisagreementAgreement").

Buyer shall havethe rightto assignBuyer's rightshereunder, but anysuchassigninentshall not relieveBuyer of Buyer's obligationsherein unlessSeller expresslyreleases Buyer, 1.
2 Theterm "Date of Agreement" as usedhereinshall be the datewhen this Agreementis full) , "execilted2.

Property. 2.
1 Therealproperty ("Property") that is thesubjectof thisofferconsistsof ( inserta briefphysicaldescription) t 0 . 6 8 ac re f) a r-ise1. w i- tha 1. 6 0 0 OL_L, C ' 0 1 1— is commonlyknown as ( streetjuar ef 2 is locatedI ntheCounty of Sari Eiernar(J. J,rigaddress, city, state, zip) 2. 6565O. r, arinzr Wr_aV, F' c nt:ana CA 92335 and is legallydescribedas: — 1. 1) be -,LrovJ_c1-_( J b t i L 1e (APN:

01. 91- 251- 25- 0000 ). — 2.
2 If thelegaldescriptionof thePropertyis notcompleteor is inaccurate, this Agreementshall not be invalidand the legaldescriptionshall be completedor corrected to meetthe requirementsof Commonwea.1- th1, ar,L( JTiticiIrisuraric- e Co L,(-', L V, 1, 1.3, ("Title Company"), which shall issuethe title policyhereinafterdescribed. 2. 3ThePropertyincludes, at noadditionalcost to Buyer, the permanentimprovementsthereon, includingthose itemswhichpursuantto applicablelaw area part of theproperty, as wellas thefollowingitems, if any, ownedby Sellerand at presentlocatedon theProperty: electricaldistributionsystems (power panel, bus ducting, conduits, disconnects, lighting fixtures); telephonedistributionsystems (lines, jacksand connectionsonly); spaceheaters; heating, ventilating, air conditioning equipment (" HVAC"); air lines; fire sprinklersystems; Security and fire detectionsystems; carpets; window coverings; wall coverings; and NONE collectively, the " Improvements"). 2.
4 Thefires prinklermo 144W
rw I thereis nofire sprinklermonitor. 25
Exceptas providedin Paragraph2. 3, thePurchasePrice doesnot includeSeller' s personalproperty, furniture and furnishings, and NONEall of which shall be removedby Seller, prior to Closing. 3.

PurchasePrice. 3.
1 Thepurchaseprice (" PurchasePrice") to bepaidby Buyerto Sellerfor the Propertyshall be 0 Q 0 Q. Q , Q Q payableas follows: Strike any not applicable) a)
Cash downpayment, including the Depositas definedin paragraph4. 3 (or if anall cashtransaction, the PurchasePrice): 41) Total
PurchasePrice: bal 0
0_0 L) _0 A4_

INITIALS
INITIALS Oc
2019AIR CRE. All RightsReserved. Last Edited: 9/ 25/20255: 07PM OFA-

20. 30, Revised10- 13- 2022Page 1 of 10
Docusign Envelope ID: E06AE5AD- A81 F-49E8- B429- Dl lA835E512C NT
ti

3.2 IfBuyeristakingtitletothePropertysubjectto, orassuming, anExistingDeedofTrustandsuchdeedoftrustpermitsthebeneficiarytodemandpayment offeesincluding, butnotlimitedto, points, processingfees, andappraisalfeesasaconditiontothetransferoftheProperty, Buyeragreestopaysuchfeesuptoa maximumof 1.5% of theunpaidprincipalbalanceof theapplicableExistingNote.

4. Deposits.
within 2.",_
businessdaysafterbothPartieshaveexecutedthisAgreementandtheexecutedAgreementhasbeendeliveredtoEscrowHolderBuyershalldeliverto Escrow Holder a check in the SUM Of $ 100 000 00 If saidcheckisnotreceivedbyEscrowHolder, withinsaidtimeperiodthenSellermayelectto unilateraIlyterminatethistransactionbygivingwrittennoticeofsuchelectiontoEscrowHolderwhereuponneitherPartyshallhaveanyfurtherliabilitytotheother underthisAgreement. ShouldBuyerandSellernotenterintoanagreementforpurchaseandsale, Buyer'scheckorfundsshall, uponrequestbyBuyer, bepromptly returned to Buyer.
4- 2
Qp=

4.3 EscrowHoldershalldepositthefundsdepositedwithit byBuyerpursuantto paragraphs4.1and4.2 (collectivelythe "Deposit"), in a State or Federally charteredbankinaninterestbearingaccountwhosetermisappropriateandconsistentwiththetimingrequirementsofthistransaction. Theinteresttherefromshall accruetothebenefitofBuyer, whoherebyacknowledgesthattheremaybepenaltiesorinterestforfeituresiftheapplicableinstrumentisredeemedpriortoits specified maturity. Buyer' s Federal Tax identification Number is _ TF3 D _. NOTE: Such interest bearing account cannot be opened until Buyer's FederalTax Identification Number isprovided.

4.4 Notwithstandingtheforegoing, withinSdaysafterEscrowHolderreceivesthemoniesdescribedinparagraph4.1above, EscrowHoldershallrelease $100 ofsaidmoniestoSellerasandforindependentconsiderationforSeller's' executionofthisAgreementandthegrantingofthecontingencyperiodtoBuyerasherein provided. Suchindependentconsiderationisnon-refundabletoBuyerbutshallbecreditedtothePurchasePriceintheeventthatthepurchaseofthePropertyis completed.

4.5 Uponwaiverof allof Buyer'scontingenciesthe Depositshallbecomenon-refundablebut applicableto the PurchasePriceexceptin the eventof aSeller breach, orintheeventthattheEscrowisterminatedpursuanttotheprovisionsofParagraph9.1(n) (Destruction, DamageorLoss) or9.1(o) (MaterialChange). 5, W' if.
t, 0- a t- w: cA,4s4,4444E*r G044(44a6- ac cz0+Aa 41 x0 4 -Ise-r, Km;e4 by,+44 ;4 dQ f( 444. r414- Of-AN4 PrDpe44y­ 4 44 Agie4 f4) e, fe, r4o4F4.wF, a*4y4w,44+i oei r+ &4 ie+ 6I a4444Ar4 j444- -tea pf+r4A44Pe- keF w S644W-44,W 4, 6,4q+ - -&e44a ve ; L Buyer-41ali• Uioaam_p4kw4- Loan- h4snotbeemobtaiwA,
44hallb& conclusJuAdy Loamatjaa,% aWW.& W.
a pa- 4W4"
a
4laym_444 6,
4 INITIALS

WINITA-
Iff— Oc2019AIR
CRE. All RightsReserved. LastEdited: 9/ 25/ 2025 5: 07 PIVI OFA-20. 30, Revised10- 13- 2022 Page2 of 10
L0
Docusign Envelope ID: E06AE5AD- A81 F-49E8- B429- Dl lA835E512C W4
S44
F4 Aa
Escrowand Closing.
8A UponacceptancehereofbySeller, thisAgreement, includinganycounteroffersincorporatedhereinbytheParties, shallconstitutenotonlytheagreement of purchaseandsalebetweenBuyerandSeller, but alsoinstructionsto EscrowHolderfor the consummationof the Agreementthroughthe Escrow. EscrowHolder shallnot prepareanyfurtherescrowinstructionsrestatingor amendingthe Agreementunlessspecificallysoinstructedbythe Partiesor a Brokerherein. Subjectto thereasonableapprovaloftheParties, EscrowHoldermay, however, includeitsstandardgeneralescrowprovisions. Intheeventthatthereisanyconflictbetween the provisionsofthe Agreementandthe provisionsof anyadditionalescrowinstructionsthe provisionsof theAgreementshallprevailastothe Partiesandthe Escrow Holder.

8.2 Assoonaspracticalafter the receiptof thisAgreementandanyrelevantcounteroffers, EscrowHoldershallascertainthe DateofAgreernentasdefinedin paragraphs1.2 and 20.2 and advise the Partiesand Brokers, in writing, of the date ascertained.

8.3 EscrowHolderisherebyauthorizedandinstructedto conducttheEscrowinaccordancewiththisAgreement, applicablelawandcustornandpracticeof the communityinwhichEscrowHolderislocated, includinganyreportingrequirementsof the internalRevenueCode. In the eventof aconflictbetweenthe lawof thestatewherethePropertyislocatedandthelawofthestatewheretheEscrowHolderislocated, thelawofthestatewherethePropertyislocatedshallprevail,

8.4 Subjecttosatisfactionofthecontingencieshereindescribed, EscrowHoldershallclosethisescrow (the "Closing") byrecordingageneralwarrantydeed (a grantdeedinCalifornia) andtheother documentsrequiredto be recorded, andby disbursingthe fundsanddocumentsinaccordancewith thisAgreement.

8.5 BuyerandSellershalleachpayone-halfoftheEscrowHolder'schargesandSellershallpaytheusualrecordingfeesandanyrequireddocurnentarytransfer taxes. Sellershallpaythepremiumfora standardcoverageowner'sorjoint protectionpolicyof title insurance. (Seealsoparagraph11.)

8.6 EscrowHoldershallverifythatallofBuyer'scontingencieshavebeensatisfiedor waivedpriortoClosing. Thematterscontainedinparagraphs9.1 subparagraphs (b), (c), (d), (e), (g), (i), (n), and (o), 9.4, 12, 13, 14, 16, 18, 20, 21, 22, and24are, however, mattersofagreementbetweenthePartiesonlyandarenot instructions to Escrow Holder.

8.7 Ifthistransactionisterminatedfornon -satisfactionandnon -waiverofaBuyer'sContingency, asdefinedinparagraph9.2ordisapprovalofanyother matterSubjectto Buyer'sapproval, thenneitherofthe Partiesshallthereafterhaveanyliabilityto the otherLinderthisAgreement, exceptto the extentof abreachof anyaffirmativecovenantor warrantyinthis Agreement, inthe eventof suchtermination, Buyershall, subjectto the provisionsof paragraph8.10, bepromptly refundedallfundsdepositedbyBuyerwithEscrowHolder, lessonlythe $100providedforinparagraph4.4andtheTitleCompanyandEscrowHoldercancellation feesandcosts, allofwhichshallbeBuyer'sobligation. IfthistransactionisterminatedasaresultofSeller'sbreachofthisAgreementthenSellershallpaytheTitle Company and Escrow Holder cancellation fees and costs.

8.8 TheClosingshallOccurontheExpectedClosingDate, orassoonthereafterastheEscrowisinconditionforClosing; provided, however, thatif theClosing doesnotoccurbytheExpectedClosingDateandsaidDateisnotextendedbymutualinstructionsoftheParties, aPartynotthenindefaultLinderthisAgreementmay notifythe otherParty, EscrowHolder, andBrokers, in writingthat, unlessthe Closingoccurswithin Sbusinessdaysfollowingsaidnotice, theEscrowshallbedeemed terminated without further notice or instructions.

8.9 Exceptasotherwiseprovidedherein, theterminationofEscrowshallnotrelieveorreleaseeitherPartyfromanyobligationto payEscrowHolder'sfeesand costs or constitute a waiver, release or dischargeof any breach or default that hasoccurred in the performance of the obligations, agreements, covenants or warranties contained therein.

8.10 If thisEscrowisterminatedfor anyreasonotherthanSeller's breachor default, thenasaconditionto the returnof Buyer'sdeposit, Buyershallwithin5 daysafterwrittenrequestdelivertoSeller, atnocharge, copiesofallsurveys, engineeringStudies, soilreports, maps, masterplans, feasibilitystudiesandothersimilar items prepared by or for Buyerthat pertain to the Property.

9. Contingencies to Closing.
9A IF, BEFOREEXPIRATIONOFTHEAPPLICABLETIME, BUYERFAILSTOPROVIDEESCROWHOLDERWRITTENNOTICEOFBUYER'SDISAPPROVALOFANYOF

BUYER'SCONTINGENCIESORANYOTHERMATTERTHATISSUBJECTTOBUYER'SAPPROVALINTHISAGREEMENT, THENBUYERSHALLBECONCLUSIVELYDEEMED TOHAVESATISFIEDSUCHBUYER'SCONTINGENCIESAND/ORAPPROVEDOFSUCHOTHERMATTERS, If anumberofdaysis completedin anyof the optionalspaces insubparagraphs9.1 (a) through (m), thensuchnumber- shallapplyandoverridethepre-printednumber, evenifthepre-printednumberisnotstricken, TheClosing of this transaction is contingent upon the satisfactionor waiver of the following contingencies:
a)
Disclosure. Sellershallmaketo Buyer, throughEscrow, all of the applicabledisclosuresrequiredbylaw (SeeAIRCRE ("AIR") standardform entitled "Seller's MandatoryDisclosureStatement") andprovideBuyerwithacompletedPropertyInformationSheet ("PropertyInformationSheet") concerningtheProperty, duly Afnifial

INITIALS INITIAL
O 2019 AIR CRE. All Rights Reserved, Last Edited: 9/ 2S/ 2025 5: 07 PM OFA- 20. 30, Revised 10- 13- 2022 Page 3 of 10
Docusign Envelope ID: E06AE5AD- A81 F-49E8- B429- D1lA835E512Cexecuted by or onbehalfof Sellerin thecurrentform or equivalentto thatPublishedbythe AIRwithindaysfollowing the Date of Agreement. Buyerhas 10 daysfromthe receiptof said disclosuresto approve or disapprovethematters disclosed. b) Physical Inspection. Buyer has mar 60 — days following the receipt of the PropertyInformationSheet or the Dateof Agreement, whicheveris later, tosatisfyitselfwith regardto the physicalaspectsand size oftheProperty, c) Hazardous SubstanceConditions Report. Buyer has Wa, 44 60 daysfollowingthe receiptof the PropertyInformationSheetor the Date of Agreement, whicheveris later, to satisfyitself withregardto the environmentalaspectsof the Property, Sellerrecornmendsthat Buyerobtain a HazardousSubstanceConditionsReport concerning the Propertyand relevantadjoiningproperties. Any such report shallbe paid for byBuyer. A "HazardousSubstance" forpurposesof thisAgreementis definedas anysubstancewhosenatureand/ or quantityof existence, use, manufacture, disposal or effect, render it subjectto Federal, state or local regulation, investigation, remediation or removal as potentiallyinjurioustopublic health or welfare. A " HazardousSubstanceCondition" for purposesof thisAgreementis defined as theexistenceon, underor relevantlyadjacentto the Propertyof a HazardousSubstancethatwould require remediationand/ or removal underapplicableFederal, state or local law. d) Soil inspection.

Buyer has-.44r- — 60 ­— daysfollowingthe receipt of the PropertyInformationSheetor the Date of Agreement, whicheveris later, to satisfy itself withregardto the conditionof thesoilson theProperty, SellerrecommendsthatBuyer obtaina soiltest report. Anysuchreportshall be paidfor by Buyer. Sellershall provideBuyercopiesof any soils reportthatSellermayhavewithin10 daysfollowingthe Dateof Agreement. e) GovernmentalApprovals, Buyer has 30. 4- a 60 — daysfollowingthe Date of Agreementto satisfyitselfwith regardto approvalsand permitsfromgovernmentalagenciesor departmentswhich have or may havejurisdictionoverthe Propertyand whichBuyerdeems necessaryor desirablein connectionwithits intendeduse of theProperty, including, butnotlimited to, permitsandapprovalsrequiredwith respectto zoning, planning, buildingandsafety, fire, police, handicappedand Americanswith Disabilities Act requirements, transportationand environmentalmatters. f) Conditionsof Title.

Escrow
Holder shallcausea currentcommitmentfor titleinsurance ("Title Commitment") concerningthe Propertyissued by theTitle Company, aswell as legible copiesof alldocumentsreferredtoin the Title Commitment ("UnderlyingDocuments"), anda scaled and dimensionedplotshowingthelocation of any easementsto be deliveredto BuyerwithinlWmdays followingthe Date of Agreement. Buyer has10 daysfrom the receiptof the Title Commitment, the UnderlyingDocuments andthe plotplan to satisfyitselfwithregardtothe conditionof title. Thedisapprovalby Buyerof anymonetaryencumbrance, whichbytheterms ofthis Agreementis notto remainagainst thePropertyafterthe Closing, shallnot be considereda failureofthiscontingency, as Sellershall have the obligation, at Seller's expense, to satisfyand removesuch disapprovedmonetaryencumbranceat or before the Closing. g) Survey. Buyerhasaa. or 60 days followingthe receiptof the Title Commitmentand UnderlyingDocumentsto satisfy itselfwith regard toany ALTAtitle supplementbased upona surveyprepared to AmericanLandTitle Association ("ALTA") standardsfor an owner' s policy by a licensedsurveyor, showingthelegaldescriptionand boundary linesof the Property, any easementsof record, and anyimprovements, poles, structuresandthingslocated within10 feetof either side of the Propertyboundary lines. Anysuchsurvey shall be preparedat Buyer's directionand expense. If Buyerhas obtaineda surveyand approvedthe ALTAtitle supplement, Buyer mayelectwithin the periodallowedfor Buyer's approvalof a surveytohave anALTAextendedcoverageowner's formof title policy, inwhicheventBuyershall payany additional premiumattributablethereto. h) Existing Leases and Tenancy Statements. Seller shall within10- of . days followingthe Dateof Agreementprovide bothBuyerandEscrow Holder with legiblecopiesof all leases, subleasesor rentalarrangements (collectively, "ExistingLeases") affectingthe Property, and with a tenancystatementEstoppelCertificate") inthe latest form or equivalentto that publishedbythe AIR, executedby Sellerand/or each tenantand subtenantofthe Property. Sellershall useits best effortsto haveeachtenantcompleteandexecutean EstoppelCertificate. If any tenantfails or refusesto providean EstoppelCertificatethenSeller shallcompleteand executean Estoppel Certificatefor that tenancy, Buyer has 10daysfrom the receiptofsaidExistingLeasesand EstoppelCertificatesto satisfyitselfwith regard tothe ExistingLeases and anyothertenancy issues. i) Owner's Association, Seller shall within 10-o; -===-- clays followingthe Dateof Agreementprovide Buyerwith a statement and transferpackagefromany owner's associationservicingthe Property. Suchtransfer packageshallat a minimuminclude: copiesof theassociation's bylaws, articlesof incorporation, currentbudgetand financial statement, Buyer has 10 days from the receiptof suchdocumentsto satisfy itselfwith regard to the association. j) OtherAgreernents. Sellershallwithin 10- 4ar---. days followingthe Dateof Agreementprovide Buyerwith legiblecopies of all otheragreements ("Other Agreements") knownto Seller that will affectthePropertyafterClosing. Buyerhas1. 0 days frorn thereceiptofsaidOtherAgreementsto satisfyitselfwith regard to such Agreements. aka~ r_ fiiaavwiaa, 44 LaHaw4up'
th Ca. Q" e
n) Destruction, Damageor Loss,
Subsequent
to the Dateof Agreement andpriorto Closingthere shallnot haveoccurreda destructionof, or damage orloss to, thePropertyor anyportionthereof, from anycausewhatsoever, which wouldcostmore than $ 10, 000. 00 to repairor cure. If thecost of repairorCureis 10,000. 00or less, Sellershallrepairorcurethe lossprior tothe Closing. Buyershallhavetheoption, within10 daysafterreceiptof writtennoticeof a losscostingmorethan $10,000.00 to repairor cure, to eitherterminatethisAgreementor to purchasethe Property notwithstandingsuchloss, but without deduction or offsetagainstthe PurchasePrice. If the costto repairorcureis morethan $10,000.00, and Buyerdoesnot electto terminatethis Agreement, Buyershallbe entitledto any insuranceproceedsapplicabletosuch loss. Unless otherwisenotifiedin writing, EscrowHolder shall assumeno such destruction, damageor losshas occurred prior to Closing. o) MaterialChange.

Buyershall
have
10 days followingreceiptof wriaeo , a MaterialChangewithin whichtosatisfy itself with regardtosuch INITIALSV 2019 AIRCRE.

All
RightsReserved. OFA-20. 30, Revised 10-
13- 2022Last Edited: 9/ 25/ 2025
5: 07 PMPage4 of 10
DOCUSign Envelope ID: E06AE5AD- A81 F- 49E8- B429- Dl lA835E512C change. "MaterialChange" shallmeana substantialadversechangein the use, occupancy, tenants, title, or conditionof the PropertythatOccursafterthedateof this offerandpriortotheClosing. Unlessotherwisenotifiedinwriting, EscrowHoldershallassumethatnoMaterialChangehasoccurredpriortotheClosing. p) SellerPerformance. ThedeliveryofalldocumentsandthedueperformancebySellerofeachandeveryundertakingandagreementtobeperformed by Seller under this Agreement.
q) BrokerageFee. PaymentattheClosingofsuchbrokeragefeeasisspecifiedinthis Agreementor laterwritten instructionsto EscrowHolderexecuted by Seller and Brokers (" Brokerage Fee"), It isagreedbythePartiesandEscrowHolderthat Brokersareathird partybeneficiaryof thisAgreementinsofarasthe BrokerageFeeisconcerned, andthat no changeshallbemadewith respectto the paymentofthe BrokerageFeespecifiedin thisAgreement, withoutthe written consent of Brokers.

9.2 Thecontingenciesspecifiedinsubparagraphs9.1(a) through (m) areforthebenefitof, andmaybewaivedby, Buyer, andarereferredtocollectivelyas Buyer's Contingencies" and individually asa "Buyer's Contingency."

9.3 Buyer's timelyandwrittendisapprovalorconditionalapprovalof a Buyer'sContingencyor anyother matterthat is subjectto Buyer'sapprovalinthis Agreement shall constitute disapproval thereof (" Disapproved item( s)"). Concurrentwith noticeof aDisapprovedItem, Buyermaymakearequestto Sellerregardingsuch Disapproved Item (" Buyer' s Request"). If Buyerfails to make a timely and written Buyer's Request, then this Agreement shall terminate due to the non -satisfactionandnon -waiverof acontingency. Sellermayrespondto aBuyer'sRequestwithin 10 daysfollowingSeller'sreceiptthereof ("Seller'sResponse"), Seller'sacceptanceofa Buyer'sRequestshallamendthis Agreementaccordingly, If Sellerfailsto provideatimelyandwritten Seller'sResponse, thenSeller's Responseshallbedeemedto bea rejectionof Buyer'sRequest, Buyermay, within 10daysfollowingthe earlierof Buyer'sreceiptof aSeller'sResponse (whichisnot anacceptanceofBuyer'sRequest) orthe dateof Seller'sdeemedrejectionofa Buyer'sRequest ("Buyer'sReplyPeriod"), reply to a Seller' s Response (" Buyer' s Reply") andelectto (I) terminatethis Agreementduetothe non -satisfactionandnon -waiverofthe applicablecontingency, (ii) acceptthe Seller'sResponsein which eventthisAgreementshallbeamendedaccordingly, or (iii) withdrawBuyer'sRequestandwaivetheDisapprovedIteminwhicheventBuyershallaccepttheProperty subjectto the DisapprovedItern. If Buyerfailsto provideatimelyandwritten Buyer's Reply, thenBuyershallbecleernedto haveelectedto terminatethis Agreement asoftheendoftheBuyer'sReplyPeriod. ThedateBuyeracceptsaSeller'sResponseorwithdrawsaBuyer'sRequestandwaivesaDisapprovedItemshallbethedate ofBuyer'sapprovaloftheDisapprovedItem. APartyshallprovidetoEscrowHoldercopyofallnoticesofaDisapprovedItem, Buyer's Request, Seller'sResponseand Buyer'sReplyandEscrowHoldershallpromptlyprovidecopiesthereofto theotherParty. UnlessthePartiesinwritingagreeotherwise, iftheExpectedClosingDate isaspecificcalendardateandaBuyer'sReplyPeriodexpiresaftersuchspecificcalendardate, thennotwithstandingparagraph1.1, theExpectedClosingDateshallbe extendedto be3 businessdaysafter theearlierofthe dateBuyerwithdrawsaBuyer'sRequestandwaivestheapplicableDisapprovedItemor Buyeracceptsthe applicable Seller' s Response,

9.4 ThePartiesacknowledgethatextensivelocal, stateandFederallegislationestablishbroadliabilityuponownersand/orusersof realpropertyforthe investigationandremediationof HazardousSubstances, Thedeterminationofthe existenceof a HazardousSubstanceConditionandthe evaluationof the impactof suchaconditionarehighlytechnicalandbeyondtheexpertiseofBrokers. ThePartiesacknowledgethattheyhavebeenadvisedbyBrokersto consulttheirown technicalandlegalexpertswithrespecttothepossiblepresenceof HazardousSubstancesonthePropertyoradjoiningproperties, andBuyerandSellerarenot relyinguponanyinvestigationbyor, statementofBrokerswith respectthereto. ThePartiesherebyassumeallresponsibilityfor the Impactof suchHazardous Substances upon their respective interests herein.

10. Documents and Other Items Required at or Before Closing.

10.1 FivedayspriortotheClosingdateEscrowHoldershallobtainanupdatedTitleCommitmentconcerningthePropertyfromtheTitleCompanyandprovide copies thereof to each of the Parties.

10.2 Sellershalldeliverto EscrowHolderintimefor deliveryto Buyeratthe Closing:
a)
Grantorgeneralwarrantydeed, dulyexecutedandinrecordableform, conveyingfeetitle to thePropertyto Buyer. b) if applicable, the Beneficiary Statements concerning Existing Note(s). c)
Ifapplicable, the ExistingLeasesandOtherAgreementstogetherwith duly executedassignmentsthereof bySellerandBuyer. Theassignmentof ExistingLeasesshallbeonthemost recentAssignmentandAssumptionof Lessor'sInterestin Leaseformpublishedby theAIRor its equivalent. d) AnaffidavitexecutedbySellertothe effectthat Sellerisnot a "foreignperson" within the meaningof InternalRevenueCodeSection1445or successorstatutes. IfSellerdoesnotprovideSuchaffidavitinformreasonablysatisfactorytoBuyeratleast3businessdayspriortotheClosing, EscrowHolder, shallat theClosingdeductfromSeller'sproceedsandremittotheInternalRevenueServicesuchsumasisrequiredbyapplicableFederallawwithrespecttopurchasesfrom foreign sellers.
e)
IfthePropertyislocatedinCalifornia, anaffidavitexecutedbySellertotheeffectthatSellerisnota "nonresident" withinthemeaningof California RevenueandTaxCodeSection18662or successorstatutes, If Sellerdoesnot providesuchaffidavitinform reasonablysatisfactoryto Buyerat least3 businessdays priorto theClosing, EscrowHoldershallattheClosingdeductfromSeller'sproceedsandremittotheFranchiseTaxBoardsuchsumasisrequiredbysuchstatute. f) If applicable, abill ofsale, dulyexecuted, conveyingtitle to anyincludedpersonalpropertyto Buyer. g) IftheSellerisacorporation, adulyexecutedcorporateresolutionauthorizingtheexecutionofthisAgreementandthesaleoftheProperty.

10. 3 Buyer shall deliver to Seller through Escrow:
a)
ThecashportionofthePurchasePriceandsuchadditionalsumsasarerequiredof BuyerunderthisAgreementshallbedepositedbyBuyerwith EscrowHolder, byfederalfundswiretransfer, oranyothermethodacceptableto EscrowHolderin immediatelycollectablefunds, no laterthan2:00P.M. onthe businessdaypriorto theExpectedClosingDateprovided, however, that Buyershallnot berequiredtodepositsuchmoniesinto Escrowifat thetime setfor the depositof suchmoniesSellerisin defaultor hasindicatedthatit will not performanyof its obligationshereunder. Instead, in suchcircumstancesinorderto reserve its rights to proceed Buyerneed only provide Escrowwith evidence establishing that the required monies were available. b) ifa PurchaseMoneyNoteandPurchaseMoneyDeedofTrustare calledfor bythis Agreement, theduly executedoriginalsof thosedocuments, the PurchaseMoneyDeedof Trustbeingin recordableform, togetherwith evidenceoffire insuranceon theimprovementsin the amountofthefull replacementcost namingSellerasamortgagelosspayee, andarealestatetaxservicecontract (atBuyer'sexpense), assuringSellerofnoticeofthestatusofpaymentofrealproperty taxes during the life of the PurchaseMoney Note.
c)
TheAssignmentandAssumptionof Lessor'sinterestin Leaseformspecifiedin paragraph10.2(c) above, dulyexecutedbyBuyer. d) Assumptionsduly executedbyBuyerofthe obligationsof Sellerthat accrueafterClosingunderanyOtherAgreements. e)
If applicable, awritten assumptiondulyexecutedby Buyerof the loandocumentswith respectto ExistingNotes. f)
IftheBuyerisacorporation, adulyexecutedcorporateresolutionauthorizingtheexecutionofthisAgreementandthepurchaseoftheProperty,

10.4 AtClosing, EscrowHoldershallcausetobeissuedtoBuyerastandardcoverage (orALTAextended, ifelectedpursuantto 9.1(g)) owner'sformpolicyoftitle insuranceeffectiveasoftheClosing, issuedbytheTitleCompanyinthefull amountofthePurchasePrice, insuringtitletothePropertyvestedinBuyer, subjectonlyto theexceptionsapprovedbyBuyer. IntheeventthereisaPurchaseMoneyDeedof Trustinthistransaction, thepolicyoftitleinsuranceshallbeajointprotection 4 poli insuring both Buyer and Seller. Initial
F_;70:`61f,

INITIALS
@ 2019 AIR CRE. All Rights Reserved. Last Edited: 9/ 25/ 2025 5: 07 PM OFA- 20. 30, Revised 10- 13- 2022 Page 5 of 10
Docusign Envelope ID: E06AE5AD- A81F- 49E8- B429- D11A835E512C ti
T
IMPORTANT: INA PURCHASEOREXCHANGEOFREALPROPERTY, ITMAYBEADVISABLETOOBTAINTITLEINSURANCEINCONNECTIONWITHTHECLOSEOF ESCROWSINCETHEREMAYBEPRIORRECORDEDLIENSANDENCUMBRANCESWHICHAFFECTYOURINTERESTINTHEPROPERTYBEINGACQUIRED. A NEWPOLICY OFTITLEINSURANCESHOULDBEOBTAINEDIN ORDERTOENSUREYOURINTERESTINTHEPROPERTYTHATYOUAREACQUIRING.

11. Prorations and Adjustments.

11.1 Taxes. ApplicablerealpropertytaxesandspecialassessmentbondsshallbeproratedthroughEscrowasofthedateoftheClosing, baseduponthelatest taxbillavailable. ThePartiesagreetoprorateasoftheClosinganytaxesassessedagainstthePropertybysupplementalbillleviedbyreasonofeventsoccurringprior to the Closing. Paymentofthe proratedamountshallbemadepromptlyin cashuponreceiptofa copyof anysupplementalbill.

11.2 Insurance. WARNING: AnyinsurancewhichSellermayhavemaintainedwill terminateonthe Closing. Buyerisadvisedto obtainappropriateinsuranceto coverthe Property.

11.3 Rentals, InterestandExpenses. Scheduledrentals, interestonExistingNotes, utilities, andoperatingexpensesshallbeproratedasofthedateofClosing.

ThePartiesagreeto promptlyadjustbetweenthemselvesoutsideof Escrowanyrentsreceivedafterthe Closing.

11.4 SecurityDeposit. SecurityDepositsheldbySellershallbegiventoBuyerasacredittothecashrequiredof BuyerattheClosing.

11.5 PostClosingMatters. AnyitemtobeproratedthatisnotdeterminedordeterminableattheClosingshallbepromptlyadjustedbythePartiesby appropriate cash payment outside of the Escrowwhen the amount due is determined.

11.6 VariationsinExistingNoteBalances. Inthe eventthat Buyerispurchasingthe Propertysubjectto anExistingDeedof Trust(s), andintheeventthat a BeneficiaryStatementasto theapplicableExistingNote(s) disclosesthat the unpaidprincipalbalanceofsuchExistingNote(s) at theclosingwill bemoreor lessthan the amount set forth in paragraph 3.1(c) hereof ("Existing Note Variation"), then the Purchase Money Note(s) shall be reduced or increased by an amount equal to suchExistingNoteVariation. IfthereistobenoPurchaseMoneyNote, thecashrequiredattheClosingperparagraph3.1(a) shallbereducedorincreasedbythe amount of such Existing Note Variation.

11.7 VariationsinNewLoanBalance. IntheeventBuyeris obtainingaNewLoanandtheamountultimatelyobtainedexceedstheamountsetforthin paragraph5.1, then the amount ofthe PurchaseMoney Note, if any, shall be reduced by the amount of such excess.

11.8 Owner'sAssociationFees. EscrowHoldershall: (i) bringSeller's accountwith the associationcurrentandpayanydelinquenciesortransferfeesfrom Seller'sproceeds, and (ii) payanyupfrontfeesrequiredbytheassociationfrom Buyer'sfunds.

12. Representations and Warranties of Seller and Disclaimers.

12.1 Seller'swarrantiesandrepresentationsshallsurvivetheClosinganddeliveryofthedeedfor aperiodof3years, andanylawsuitoractionbaseduponthem mustbecommencedwithinsuchtimeperiod. Seller'swarrantiesandrepresentationsaretrue, materialandrelieduponbyBuyerandBrokersinallrespects. Seller hereby makes the following warranties and representations to Buyer and Brokers:
a)
AuthorityofSeller. SelleristheownerofthePropertyand/orhasthefullright, powerandauthoritytosell, conveyandtransferthePropertyto Buyer as provided herein, and to perform Seller' s obligations hereunder. b) MaintenanceDuringEscrowandEquipmentConditionAt Closing. Exceptasotherwiseprovidedin paragraph9.1(n) hereof, Sellershallmaintainthe Property until the Closingin its present condition, ordinary wear and tear excepted. c)
HazardousSubstances/StorageTanks. Sellerhasno knowledge, exceptasotherwisedisclosedto Buyerinwriting, of the existenceor prior existence onthePropertyof anyHazardousSubstance, noroftheexistenceorpriorexistenceofanyaboveorbelowgroundstoragetank. d) Compliance. Exceptasotherwisedisclosedin writing, Sellerhasno knowledgeof anyaspector conditionofthe Propertywhichviolatesapplicable laws, rules, regulations, codesorcovenants, conditionsorrestrictions, orof improvementsoralterationsmadetothePropertywithoutapermitwhereonewas required, orofanyunfulfilledorderordirectiveofanyapplicablegovernmentalagencyorcasualtyinsurancecompanyrequiringanyinvestigation, remediation, repair, maintenance or improvement be performed on the Property. e)
ChangesinAgreements. Priorto the Closing, Seilerwill not violateor modifyanyExistingLeaseor OtherAgreement, or createanynewleasesor other agreements affecting the Property, without Buyer's written approval, which approval will not be unreasonably withheld. f)
PossessoryRights. Sellerhasnoknowledgethatanyonewill, attheClosing, haveanyrighttopossessionoftheProperty, exceptasdisclosedbythis Agreement or otherwise in writing to Buyer.
g) Mechanics' Liens. Therearenounsatisfiedmechanics' or materialmens' lienrightsconcerningthe Property. h) Actions, Suitsor Proceedings. Sellerhasnoknowledgeof anyactions, suitsor proceedingspendingorthreatenedbeforeanycommission, board, bureau, agency, arbitrator, courtor tribunalthat wouldaffectthe Propertyorthe right to occupyor utilizesame. i)
NoticeofChanges. SellerwillpromptlynotifyBuyerandBrokersinwritingof anyMaterialChange (seeparagraph9.1(o)) affectingthePropertythat becomesknown to Seller prior to the Closing.
j) NoTenantBankruptcyProceedings. Sellerhasnonoticeor knowledgethatanytenantofthePropertyisthesubjectofabankruptcyorinsolvency proceeding.
k) NoSellerBankruptcyProceedings. Selleris notthesubjectof a bankruptcy, insolvencyor probateproceeding.

I)
PersonalProperty. Sellerhasnoknowledgethatanyonewill, attheClosing, haveanyrightto possessionofanypersonalpropertyincludedinthe PurchasePricenorknowledgeofanyliensorencumbrancesaffectingsuchpersonalproperty, exceptasdisclosedbythisAgreementorotherwiseinwritingto Buyer.

12.2 Buyerherebyacknowledgesthat, exceptasotherwisestatedin thisAgreement, BuyerispurchasingthePropertyinitsexistingconditionandwill, bythe timecalledfor herein, makeor havewaivedall inspectionsof the PropertyBuyerbelievesare necessaryto protectitsown interestin, anditscontemplateduseof, the Property. ThePartiesacknowledgethat, exceptasotherwisestatedin thisAgreement, no representations, inducements, promises, agreements, assurances, oralor written, concerningtheProperty, or anyaspectofthe occupationalsafetyandhealthlaws, HazardousSubstancelaws, oranyotheract, ordinanceor law, havebeen made by either Party or Brokers, or relied upon by either Partyhereto.

12.3 IntheeventthatBuyerlearnsthataSellerrepresentationorwarrantymightbeuntruepriortotheClosing, andBuyerelectsto purchasetheProperty anywaythen, andin thatevent, Buyerwaivesanyrightthat it mayhaveto bringanactionor proceedingagainstSelleror Brokersregardingsaidrepresentationor warranty.

12.4 Anyenvironmentalreports, soilsreports, surveys, andothersimilardocumentswhichwerepreparedbythirdpartyconsultantsandprovidedtoBuyerby SellerorSeller'srepresentatives, havebeendeliveredasanaccommodationto Buyerandwithoutanyrepresentationorwarrantyastothesufficiency, accuracy, completeness, and/or validityof saiddocuments, all of whichBuyerrelieson at itsownrisk. Sellerbelieves said documentsto be accurate, butBuyer is advisedtoretain appropriate consultantsto review saiddocumentsand investigate the Property. 13. Possession.

Possessionof
the Propertyshallbe givento Buyerat the Closingsubjectto the rightstgqavtsunder ExistingLeases. INITIALSINITIALS 2019 AIR
CRE. All Rights Reserved. Last Edited: 9/ 25/ 20255: 07 PMOFA-20. 30, Revised10- 13- 2022Page6 of 10
Docusign Envelope ID: E06AE5AD- A81 F-49H- E3429-Eil lA835E512C Iti

14. Buyer' s Entry.

AtanytimeduringtheEscrowperiod, Buyer, anditsagentsandrepresentatives, shallhavetherightatreasonabletirnesandsubjecttorightsoftenants, toenterupon thePropertyforthepurposeofmakinginspectionsandtestsspecifiedinthisAgreement. Nodestructivetestingshallbeconducted, however, withoutSeller'sprior approvalwhichshallnotbeunreasonablywithheld. FollowinganySuchentryorwork, unlessotherwisedirectedinwritingbySeller, BuyershallreturnthePropertyto theconditionitwasinpriortosuchentryorwork, includingthere -compactionorremovalofanydisruptedsoilormaterialasSellermayreasonablydirect. Allsuch inspectionsandtestsandanyotherworkconductedormaterialsfurnishedwithrespecttothePropertybyorfor Buyershallbepaidfor byBuyerasandwhendue andBuyershallindemnify, defend, protectandholdharmlessSellerandthePropertyofandfromanyandallclaims, liabilities, losses, expenses (includingreasonable attorneys' fees), damages, includingthoseforinjurytopersonorproperty, arisingoutoforrelatingtoanysuchworkor materialsorthe actsoromissionsof Buyer, its agents or employees in connection therewith.

15. Further Documents and Assurances.

ThePartiesshalleach, diligentlyandingoodfaith, undertakeallactionsandproceduresreasonablyrequiredtoplacetheEscrowinconditionforClosingasandwhen requiredbythisAgreement. ThePartiesagreetoprovideallfurtherinformation, andtoexecuteanddeliverallfurtherdocuments, reasonablyrequiredbyEscrow Holder or the Title Company.

16. Attorneys' Fees.

IfanyPartyorBrokerbringsanactionorproceeding (includingarbitration) involvingthePropertywhetherfoundedintort, contractorequity, ortodeclarerights hereunder, thePrevailingParty (ashereafterdefined) inanysuchproceeding, action, orappealthereon, shallbeentitledtoreasonableattorneys' feesandcosts. Such feesmaybeawardedinthesameSuitorrecoveredinaseparatesuit, whetherornotsuchactionorproceedingispursuedtodecisionorjudgment. Theterm PrevailingParty" shallinclude, withoutlimitation, aPartyorBrokerwhosubstantiallyobtainsordefeatsthereliefsought, asthecasemaybe, whetherby compromise, settlement, judgment, or theabandonmentbytheother Partyor Brokerof its clairnor defense. Theattorneys' feesawardshallnot becomputedin accordancewith anycourtfeeschedule, but shallbesuchasto fullyreimburseall attorneys' feesreasonablyincurred.

17. Prior Agreements/ Amendments.

17.1 ThisAgreementSupersedesanyandall prioragreementsbetweenSellerandBuyerregardingthe Property,

17.2 Amendmentsto thisAgreementareeffectiveonlyif madeinwriting andexecutedby BuyerandSeller.

18. Broker' s Rights.

18.1 IfthissaleisnotconsummatedduetothedefaultofeithertheBuyerorSeller, thedefaultingPartyshallbeliabletoandshallpaytoBrokerstheBrokerage FeethatBrokerswouldhavereceivedhadthesalebeer) consummated. IfBuyeristhedefaultingparty, paymentofsaidBrokerageFeeisinadditiontoanyobligationwith respect to liquidated or other damages.

18.2 Upon the Closing, Brokers are authorized to publicize the facts of this transaction.

19. Notices.

19.1 WheneveranyParty, EscrowHolderor Brokershereinshalldesireto giveor serveanynotice, demand, request, approval, disapprovalor other communication, eachsuchcommunicationshallbeinwritingandshallbedeliveredpersonally, bymessenger, orbymail, postageprepaid, to theaddresssetforthin this agreement or by facsimile transmission, electronic signature, digital signature, or email.

19.2 Serviceofanysuchcommunicationshallbedeemedmadeonthedateofactualreceiptif personallydelivered, ortransmittedbyfacsimiletransmission, electronicsignature, digitalsignature, oremail. Anysuchcommunicationsentbyregularmailshallbedeemedgiven48hoursafterthesameismailed.

CommunicationssentbyUnitedStatesExpressMailorovernightcourierthatguaranteenextdaydeliveryshallbedeemeddelivered24hoursafterdeliveryofthe sametothePostalServiceorCourier. IfsuchcommunicationisreceivedonaSaturday, Sundayorlegalholiday, it shallbedeernedreceivedonthenextbusinessday.

19.3 AnyPartyorBrokerheretomayfromtimetotirne, bynoticeinwriting, designateadifferentaddresstowhich, oradifferentpersonoradditionalpersons to whom, all communications are thereafter to be made.

20. Duration of Offer,

20.1 IfthisofferisnotacceptedbySelleronorbefore5:00P.M. accordingtothetimestandardapplicabletothecityof _ grLl- r.Ll ria _ on the date of SLpt(., LnI2rer 10 2, it shall bedeemed automatically revoked.

20.2 Theacceptanceofthisoffer, orofanysubsequentcounterofferhereto, thatcreatesanagreementbetweenthePartiesasdescribedinparagraph1.2, shall bedeemedmadeupondeliverytotheotherPartyoreitherBrokerhereinofadulyexecutedwritingunconditionallyacceptingthelastoutstandingofferor counteroffer.

21. LIQUIDATED DAMAGES. ( This

THEPARTIESAGREETHATITWOULDBEIMPRACTICABLEOREXTREMELYDIFFICULTTOFIX, PRIORTOSIGNINGTHISAGREEMENT, THEACTUALDAMAGESWHICH WOULDBESUFFEREDBYSELLERIFBUYERFAILSTOPERFORMITSOBLIGATIONSUNDERTHISAGREEMENT. THEREFORE, IF, AFTERTHESATISFACTIONORWAIVER

OFALLCONTINGENCIESPROVIDEDFORTHEBUYER'SBENEFIT, BUYERBREACHESTHISAGREEMENT, SELLERSHALLBEENTITLEDTOLIQUIDATEDDAMAGESINTHE AMOUNT OF $ 1, 0 0, 000 < 0 0 . UPONPAYMENTOFSAIDSUMTOSELLER, BUYERSHALLBERELEASEDFROMANYFURTHERLIABILITYTOSELLER, ANDANY ESCROWCANCELLATIONFEESAND TITLECOMPANYCHARGESSHALLBE PAIDBY SELLER.

Buyer' s Initials
Initial
SSe I
E.XPiMLN4E LBL.EHE' W, E ZkLE-AVUHIRAXOR- SMALL FLEARAbLrl-DE-.rERUJNE, SAULr. CL&IRCIVEfLV- L&

INITIALS
Oc 2019AIRCRE. All Rights Reserved.

OFA- 20. 30, Revised 10- 13- 2022
Last Edited: 9/ 25/ 2025 5: 07 PM