07-00-00 Engineering Function
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 07-07-00 Transportation Group
07-07-01 General Information All Depts MX AR AR Administrative Record; Review annually for relevance to a project, inclusion in an associated record series, or creation of a new record series. Keep while current.
07-07-02 Grants Grant Executive Team (GET) researches
grants and information for grant applications.
Includes Safe Route to School grant.
Eng PA AFP+1 * 4 * AFP+5 * 21 CFR 1403.36(i)(11); 3 years after last payment. 21 CFR 1403.42(b) & (c); 3 years after last expenditure report.
24 CFR 570.502(b)(3); Deeds/CDBG activities, 4 years
after closure of loan.
24 CFR 85.42; Grants & co-operative agreements, 3
years after submission of last expenditure report.
OMB Cir. A-110, (C)(53); 3 years after submission of
final expenditure report or final disposition.
29 CFR 97.42; 3 years.
State of California Guidelines; 5 years after grant
closure. * State recommends referring to grant
application close-out procedures, if any.
07-07-03 San Bernardino Associated Governments Eng PA CY+2, AR CY+2, AR GC 34090(d); 2 year minimum requirement.
State of California Guidelines; Administrative Record
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The City of Fontana
Records Retention Schedules and UFIRST™ Index
08-00-00 Public Works Function
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
08-01-00 General Engineering & Public Works Group
08-01-01 General Information All Depts MX AR AR Administrative Record; Review annually for relevance to a project, inclusion in an associated record series, or creation of a new record series.
Keep while current.
08-01-02 LUCITY Maintenance Tracking System Handles service requests and work orders PW EL ACT ACT Transitory Record; Databases are maintained while active.
08-01-03 Work Orders & Requests Requests by the public for repairs PW PA CY+4 CY+4 GC 34090; 2 year minimum requirement.
State of California Guidelines; 2 years plus the current year for service requests for maintenance.
Administrative Decision: Maintain work orders for the
Current Year plus 4 years for claims and liability
support.
08-01-04 Surveys & Studies - General PW PA CY+2, AR CY+2, AR GC 34090; 2 year minimum requirement.
State of California Guidelines; 2 years plus the current year for general studies and reports.
Administrative Decision; Current year plus 2 years,
review annually for relevance to projects.
08-02-00 Environmental Services Group
08-02-01 General Information All Depts MX AR AR Administrative Record; Review annually for relevance to a project, inclusion in an associated record series, or creation of a new record series.
Keep while current.
08-02-02 Household Hazardous Waste Program PW MX ACT 2 ACT+2 ACT+3
GC 34090; 2 year minimum requirement.
State of California Guidelines; 2 years after program
materials are superseded.
Administrative Decision: Maintain program records for
2 years after program is closed/ended.
08-02-03 Sewer Pre-treatment Includes inspections of commercial facilities, inspection reports, notices of violation and
permitting related to NPDES Permit.
PW MX AC+2 AC+2
AC+3
40 CFR 61.54; 2 years for sludge sampling.
State of California Guidelines; Current year plus 2
years for treatment plant operations
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 131
The City of Fontana
Records Retention Schedules and UFIRST™ Index
08-00-00 Public Works Function
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 08-02-04 Solid Waste & Recycling Program Includes notices of violation and complaints PW MX AC+2 AC+2 AC+5
GC 34090; 2 year minimum requirement.
State of California Guidelines; 2 years after correction or case closure
08-02-05 Poultry Inspections For fly abatement PW MX AC+2 AC+2 GC 34090; 2 year minimum requirement.
State of California Guidelines; 2 years after correction or case closure
08-02-06 Stormwater Program PW MX AC+2 P P
AC+3
GC 34090; 2 year minimum requirement.
State of California Guidelines: Current year plus 2
years, with caveat recommendation of permanent for
environmentally sensitive documents.
08-02-07 Water Reclamation Program PW MX CY+2 3 CY+5 40 CFR 122.41; 5 years after completion for sewage sludge use & disposal, 3 years after completion for
other discharge records, including calibration records.
State of California Guidelines; Current year plus 5
years for reclamation.
08-02-08 Permits PW CY+2 P P GC 34090; 2 year minimum requirement. 22 CCR s 66270.50; 10 years for hazardous waste
permits.
State of California Guidelines; Suggests Permanent for
permits, based on environmentally sensitive
information.
08-03-00 Utilities Group
08-03-01 General Information All Depts MX AR AR Administrative Record; Review annually for relevance to a project, inclusion in an associated record series, or creation of a new record series.
Keep while current.
08-03-02 Sewer Operations & Maintenance Projects Includes inspection, repairs, reports, complaints and general sewer repair and
maintenance projects.
PW MX CY+2 2 CY+4 GC 34090; 2 year minimum requirement
State of California Guidelines; Current Year plus 2
years for maintenance projects .
Administrative Decision: Maintain operations and
maintenance projects for the Current Year plus 4 years
for claims and liability support.
08-03-03 Discharge Monitoring PW PA CY+2 3 CY+5 40 CFR 122.41; 5 years 40 CFR 503.17; 5 years
™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 132
The City of Fontana
Records Retention Schedules and UFIRST™ Index
08-00-00 Public Works Function
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 08-03-04 Lift and Pumping Stations PW MX P P P GC 34090; 2 year minimum requirement retention State of California Recommendations; Permanent for
location records, such as mains, valves, hydrants and
wells
™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 133
The City of Fontana
Records Retention Schedules and UFIRST™ Index
08-00-00 Public Works Function
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 08-04-00 Streets & Sidewalk Maintenance Group
08-04-01 General Information All Depts MX AR AR Administrative Record; Review annually for relevance to a project, inclusion in an associated record series, or creation of a new record series.
Keep while current.
08-04-02 Street & Sidewalk Operations & Maintenance Projects Includes inspection, repairs, cleaning, reports, complaints and striping.
PW MX CY+2 2 CY+4 GC 34090; 2 year minimum requirement.
State of California Guidelines; Current Year plus 2
years for maintenance projects.
Administrative Decision: Maintain operations and
maintenance projects for the Current Year plus 4 years
for claims and liability support.
08-04-03 Signage PW MX LOS 4 LOS+4 GC 34090; 2 year minimum requirement.
CCP 337; 3 year statute of limitations.
State of California Guidelines; Life of system plus 2
years
Administrative Decision: Maintain operations and
maintenance projects for the Current Year plus 4 years
for claims and liability support.
08-04-04 Pavement Management System Includes the pavement management report for repairs to pavement.
PW MX AC+2 2 AC+4 GC 34090; 2 year minimum requirement
State of California Guidelines; Current Year plus 2
years for maintenance projects.
Administrative Decision: Maintain operations and
maintenance projects for the Current Year plus 4 years
for claims and liability support.
™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 134
The City of Fontana
Records Retention Schedules and UFIRST™ Index
08-00-00 Public Works Function
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 08-05-00 Facilities Maintenance Group
08-05-01 General Information All Depts MX AR AR Administrative Record; Review annually for relevance to a project, inclusion in an associated record series, or creation of a new record series.
Keep while current.
08-05-02 Building Operations & Maintenance Projects Includes inspection, repairs, reports, complaints and general building repair and
maintenance projects.
PW MX CY+2 2 CY+4 GC 34090; 2 year minimum requirement.
State of California Guidelines; Current Year plus 2
years for maintenance projects.
Administrative Decision: Maintain operations and
maintenance projects for the Current Year plus 4 years
for claims and liability support.
08-05-03 Contract Services Includes janitorial and general building maintenance contracting workpapers
PW MX AC+2 3 AC+5 CCP 337; Statutes of limitations of 4 years CCP 343; Statutes of limitations of 4 years
Administrative Decision: Follow retention life of 5 years for the associated contract for the maintenance
services to meet statutes of limitations.
08-06-00 Parks & Land Management Group
08-06-01 General Information All Depts MX AR AR Administrative Record; Review annually for relevance to a project, inclusion in an associated record series, or creation of a new record series.
Keep while current.
08-06-02 Parks Operations & Maintenance Projects Includes inspection, repairs, reports, complaints and general parks and land repair
and maintenance projects.
PW MX CY+2 2 CY+4 GC 34090; 2 year minimum requirement
State of California Guidelines; Current Year plus 2
years for maintenance projects.
Administrative Decision: Maintain operations and
maintenance projects for the Current Year plus 4 years
for claims and liability support.
™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 135
The City of Fontana
Records Retention Schedules and UFIRST™ Index
08-00-00 Public Works Function
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 08-06-03 Graffiti Abatement PW MX CY+2 2 CY+4 GC 34090; 2 year minimum requirement State of California Guidelines; Current year plus 2
years for graffiti abatement on municipal buildings.
Administrative Decision: Maintain operations and
maintenance projects for the Current Year plus 4 years
for claims and liability support.
08-07-00 Fleet Services Group
08-07-01 General Information All Depts MX AR AR Administrative Record; Review annually for relevance to a project, inclusion in an associated record series, or creation of a new record series.
Keep while current.
08-07-02 Vehicle / Equipment Records History of equipment and vehicle repairs and maintenance
PW EL LOV 4 LOV+4 GC 34090; 2 year minimum requirement.
CCP 343; 4 years for action.
State of California Guidelines state life of the vehicle plus 2 years for fuel, maintenance and repair records
of vehicles. State does not reference any citations.
08-07-03 Daily Vehicle Log Books Pre-inspection logs of mileage and time vehicle is driven.
PW PA CY+2 CY+4 GC 34090; 2 year minimum requirement.
State of California Guidelines; 2 years plus the current year.
Administrative Decision: Maintain logs for the current
year plus 4 years for historical tracking.
08-07-04 Bureau of Automotive Repair (BAR) Inspections Inspection of smog books/results and master maintenance lists by State agency.
PW PA AC+2 5 AC+7 GC 34090; 2 year minimum requirement.
Administrative Decision: Maintain for 7 years after
completion for reference.
08-07-05 Biennial Inspection of Terminals (BIT) Records Inspection of vehicles by the DOT. PW PA CY+4 CY+4 GC 34090; 2 year minimum requirement VC 3450.12; maintain inspection reports for at least 2
years. 25 month inspection period.
Administrative Decision: Maintain inspection records
for the current year plus 4 years for historical tracking. 08-07-06 BIT Audits DOT audit of BIT records. PW PA AA+4 AA+4 GC 34090(d); 2 year minimum requirement VC 34501.12; maintain inspection reports for at least 2 years. 25 month inspection period.
Administrative Decision: Maintain audit records for the current year plus 4 years for historical tracking.
™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 136
The City of Fontana
Records Retention Schedules and UFIRST™ Index
08-00-00 Public Works Function
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 08-07-07 CARB Permits California Air Resources Board PW PA AE+4 AE+4 GC 34090(d); 2 year minimum requirement.
State of California Guidelines; 2 years plus the current year; may depend upon the agency.
Administrative Decision: Maintain permit records for 4 years after expiration for historical tracking.
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The City of Fontana
Records Retention Schedules and UFIRST™ Index
09-00-00 Police Administration Function
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
09-01-00 General Police Administration Group
09-01-01 General Information All Depts MX AR AR Administrative Record; Review annually for relevance to a project, inclusion in an associated record series, or creation of a new record series. Keep while
current.
09-01-02 CAD Database CAD call card management software system PDA C EL ACT ACT Database is maintained while active. 09-01-03 Policy Manuals Including, but not limited to, Lexipol policies; Special Orders
PDA MX CY 3 CY+3 GC 34090(d); 2 year minimum requirement.; State of California Guidelines.
Changes made to any Lexipol policies over the
preceding year will be catalogued in line with the 3
year retention set forth herein.
09-01-04 LiveScan Fingerprinting Public external requests; Registrants, and any other non-City employment
PDA C MX CY+2 CY+2 GC 34090(d); 2 year minimum requirement.; State of California Guidelines.
Maintain fingerprint information for city employment in employee's personnel file.
09-01-05 Concealed Weapons Permit Applications Approved/Denied/Retired Peace Officer Permit
Applications
PDA PA P P P GC § 34090(d); 2 year minimum requirement; PC 26225; State of California Guidelines. State
Recommendation, 2
years after the license expires.
Administrative Decision: Maintain for requirements of
PC 26225.(ADD)*.
09-01-06 Citizens Correspondence regarding Department business Correspondence received by Citizens PDA MX CY+2 CY+2 GC 34090(d); 2 year minimum requirement.; State of California Guidelines.
Citizen correspondence investigated and placed in
officer’s personnel file is retained in accordance with either 09-02-02 (Individual Personnel Files) or 09-02-
06 (citizen generated complaints resulting in an IA
Investigation) of this Policy.
09-01-07 Emergency Operations Planning (EOP) EOP-specific to the Police Department PDA MX S+2 S+2 GC 34090(d); 2 year minimum requirement.; State of California Guidelines.
09-01-08 Grievances Supporting documentation for the Police Department not otherwise covered by Section
05-08-06
PDA MX AC+2 AC+2 4 State requires 2 years after action is taken; 29 CFR §§ 1602.31 & 1627.3 (b)(ii)
GC §§ 12946, 12960,34090; 4 year minimum
29 USC § 1113, LC § 1174
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 138
The City of Fontana
Records Retention Schedules and UFIRST™ Index
09-00-00 Police Administration Function
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 09-01-09 ALPR – Automated License Plate Reader Data downloaded and retained by Department PDA EL CM+2 CM+2 GC 34090(d); 2 year minimum requirement.; State of California Guidelines.
If evidence, follow Evidence/Property retention.
09-01-10 DOJ Crime Statistics Monthly scanned reports PDA MX P P P GC 34090(d); 2 year minimum requirement.; State of California Guidelines.
Administrative Decision: Maintain for
reference.(ADD)*.
09-01-11 Permits/Licenses Including, but not limited to, permits for yard sales, RVs, massage establishments, tow
truck drivers, carnival workers, pawn brokers,
bicycle licensees, etc., issued by the Police
Department
PDA MX ACT+2 ACT+2 GC 34090(d); 2 year minimum requirement.; State of California Guidelines.
09-01-12 Work Schedule Database Work scheduling management software system
PDA EL CY+2 CY+2 EEOC’s basic requirement is 1 year after action; Bureau of National Affairs recommends 2 years for
work schedules.
09-01-13 Confidential Informant Files Legal notifications, identification information, payment information, activities
PDA C MX AT+10 AT+10 GC 34090(d); 2 year minimum requirement; State of California Guidelines.
Administrative Decision: Maintain for 10 years after
closure.(ADD)*.
09-01-14 Business license background files Live Scan and criminal history checks PDA C MX CY+2 CY+2 GC 34090(d); 2 year minimum requirement; State of California Guidelines.
09-01-15 Department deposit slips Receipts PDA MX CY+2 CY+2 GC § 34090(d); 2 year minimum requirement; Copies for audits maintained by Management
Services (3-10-03)
09-01-16 Animal Services Clinics Spay/neuter, vaccination clinic receipts PDA MX CY+2 CY+2 GC 34090(d); 2 year minimum requirement; State of California Guidelines.
09-01-17 Asset Seizure Annual Reports Expenditures/Revenues PDA MX CY+10 CY+10 GC 34090(d); 2 year minimum requirement; State of California Guidelines.
Administrative Decision: Maintain for 10 years after
closure.(ADD)*.
09-01-18 Task Force Reimbursement Billing Back-up documentation PDA MX CY+10 CY+10 GC 34090(d); 2 year minimum requirement; State of California Guidelines.
Administrative Decision: Maintain for 10 years after
closure.(ADD)*.
09-01-19 Contracted Services Records Traffic, special event, crowd control, police presence, and other contracted services, etc.;
billing and back-up documentation
PDA MX CY+2 CY+2 GC 34090(d); 2 year minimum requirement; State of California Guidelines.
™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 139
The City of Fontana
Records Retention Schedules and UFIRST™ Index
09-00-00 Police Administration Function
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 09-01-20 Public Records Act requests Received and managed by the police department (as opposed to requests managed
by City Clerk)
PDA MX AC+2 AC+2 GC 34090(d); 2 year minimum requirement; State of California Guidelines.
09-01-21 U-Visa/T-Visa Applications Application and back-up documentation PDA MX CY+25 CY+25 GC 34090(d); 2 year minimum requirement; State of California Guidelines.
Administrative Decision: Maintain for 25 years for
reference.(ADD)*.
09-01-22 Traffic Impound and Towing reports Includes, but is not limited to, any administrative hearing and supporting
documentation; Franchise Tow/Franchise Tow
Inspection Reports
PDA MX AC+2 AC+2 GC 34090(d); 2 year minimum requirement; State of California Guidelines.
09-01-23 Agreements Original contracts and agreements and back- up materials, including leases, license
agreements, service/maintenance contracts,
etc.
Original contracts/agreements regarding the
development of real property, design,
specifications, surveying, planning,
supervision, testing, or observation of
construction or improvement to real property;
may include records of retention releases,
retention withheld, change orders, etc.
PDA MX AC + 4
AC+10
AC + 4
AC+10
CCP 337
CCP 337.2
CCP 343
CCP 337.15
09-01-24 Destruction of items memoranda Includes destruction logs for Internal Affairs, Public Records Act Requests, etc. based on
purging in line with this Retention Schedule
PDA MX P P P GC 34090(d); 2 year minimum requirement; State of California Guidelines.
Administrative Decision: Maintain permanently to
support records inventory.(ADD)*
09-01-25 Alarm Business Permit documents Applications, suspension, revocation materials PDA MX AC+2 AC+2 GC § 34090(d); 2 year minimum requirement; State of California Guidelines. 2 years after
correction/completion
™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 140
The City of Fontana
Records Retention Schedules and UFIRST™ Index
09-00-00 Police Administration Function
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 09-02-00 Safety Personnel and Non-Sworn PD Personnel Group 09-02-01 General Information All Depts MX AR AR Administrative Record; Review annually for relevance to a project, inclusion in an associated record series, or creation of a new record series. Keep while
current.
09-02-02 Individual Personnel Files For all PD employees PDA C*; with limited
exceptions
MX AT+6 AT+6 29 CFR 1627.3 - 4; 3 years after termination. 29 CFR 1602.30 - 32; 2 - 3 years after termination.
29 CFR 516.5 - 6; 3 years after action.
29 USC 1113; 6 years after date of last action.
GC 12946; 2 4 years after termination or action.
State of California Guidelines; 3 years after
termination for non-safety employees; 5 years after
termination for safety employees.
*Certain information disclosable under PC § 832.7 in
response to Public Records Act request.
09-02-03 Medical Records All employees & applicants
Narcotics officers (including chemical
exposure reports)
PDA C MX AT+6
P
AT+6
P
AT+6
P
State of California Guidelines; 30 years after
termination.
HR maintains all City personnel files for 30 years.
Department keeps record of limited Medical Records
for all PD employees and applicants for 6 years after
termination, and permanently for task force
employees.
09-02-04 Background File, includes but is not limited to, Release of Information forms for PD Personnel [to and from PD to outside entities, and Record Check letter], Medical and Psychological Suitability Letters and fingerprinting information
Hired
Not Hired
PDA C MX AT+6
AC+25
AT+6
AC+25
GC 34090(d); GC 12946; 2 4 year minimum
requirement; PC 832.5; ; 29 CFR 1627.3; 3 year
required for employees; EEOC/FLSA/ADEA (Age)
require 3 years.
09-02-05 Release of Liability Waivers Non-employees/Volunteers (Ride a-longs, helicopter flights and other police-involved
activities)
PDA MX CY+2 CY+2 GC § 34090(d); 2 year minimum requirement; State of California Guidelines. CCP § 335.1; 2 years for action
on injuries caused by neglect
™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 141
The City of Fontana
Records Retention Schedules and UFIRST™ Index
09-00-00 Police Administration Function
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 09-02-06 Internal Affairs Investigations Includes citizen generated complaints resulting in internal investigations, department-
initiated discriminatory harassment and hostile
work environment internal investigations
PDA C*; with
limited
exceptions
PA AC+5 AC+5*
(see notes)
PC 832.5(b) Statutory minimum of 5 years; EVC
1045; GC §12946; minimum 4 years;
PC 801.5; minimum 4 years; PC 803(c) require
retention until final disposition of formal complaint.
*Certain Internal Affairs investigation material
disclosable under PC § 832.7 in response to Public
Records Act request.
For records existing as of January 1, 2022, no
sustained findings destruction eligibility is January 1, 2027; for sustained findings destruction eligibility is January 1, 2037; All other records use the following:
no sustained findings destruction eligibility is 5 years following the determination, sustained findings
destruction eligibility is 15 years following the
determination. (ADD)*
09-02-07 Internal Affairs Investigations-Department-initiated Include both Sustained and Not Sustained Formal Inquiries, Administrative Reviews and
complaints.
Also includes Administrative Reviews of
Officer Involved Shootings.
PDA C*; with
limited
exceptions
PA AC+2 AC+2 EVC §1045; GC §12946;
PC §§ 801.5, 803(c) require retention until final
disposition of formal complaint; state requires 2 years after action is taken
*Certain Internal Affairs investigation material
disclosable under PC § 832.7 in response to Public
Records Act request.
09-03-00 Police Employee Training Group
09-03-01 General Information All Depts MX AR AR Administrative Record; Review annually for relevance to a project, inclusion in an associated record series, or creation of a new record series. Keep while
current.
09-03-02 Certificates & Designations All training when a certificate is provided PDA MX AT+6 AT+6 GC 34090(d); 2 year minimum requirement State of California Guidelines; 2 years plus the
current year for certifications and designations.
™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 142
The City of Fontana
Records Retention Schedules and UFIRST™ Index
09-00-00 Police Administration Function
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 09-03-03 POST Training Internal POST training sign-in sheets, roster, course outline, and instructor roster
PDA MX AT+6 AT+6 GC 34090(d); 2 year minimum requirement; 29 CFR 1627.3(b); 1 year for training records;
GC 12946; 2 4 years after termination; 29 CFR 516.6
et. seq.
2 years after termination for certificates and
designations training.
09-03-04 Non-POST Training Classes All non-certified POST training such as formal departmental training including, but not limited
to, rosters, course outline, and training
memos.
PDA MX AT+6 AT+6 GC 34090(d); 2 year minimum requirement; 29 CFR 1627.3(b); 1 year for training records;
GC 12946; 2 4 years after termination; 29 CFR 516.6
et. seq.
2 years after termination for certificates and
designations training.
09-03-05 Range Qualifications In-house qualifications PDA MX AT+2 AT+2 GC 34090(d); 2 year minimum requirement. State of California Guidelines.
09-03-06 Department Employee Training Manuals, related materials Includes, but not limited to, Field Training Officer Manual, and trainee logs for Sworn
personnel and Training Officer Manuals and
trainee logs for non-sworn personnel
PDA MX AT+6 AT+6 GC 34090(d); 2 year minimum requirement. State of California Guidelines.
Administrative Decision: Maintain for
reference.(ADD)*.
™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 143
The City of Fontana
Records Retention Schedules and UFIRST™ Index
09-00-00 Police Administration Function
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 09-04-00 Volunteers Group
09-04-01 General Information All Depts MX AR AR Administrative Record; Review annually for relevance to a project, inclusion in an associated record series, or creation of a new record series. Keep while
current.
09-04-02 Volunteer/Chaplain Personnel Files Accepted applications:
Includes but is not limited to background
checks, emergency, and contact information.
Denied Applications:
PDA MX
AT+6
AC+3
AT+6
AC+3
GC 12946; 2 4 years after completion/position filled.
29 CFR 1602.14; 1 year after position filled.
29 CFR 1602.13; Maintain EEOC demographic
information.
29 CFR 1627.3; 1 year after position filled.
State of California Guidelines; 2 years after
termination
09-04-03 Explorer Program Personnel Files Accepted applications:
Includes but is not limited to background
checks, emergency applications, and contact
information
Denied Applications:
PDA
AT+3
AC+25
AT+3
AC+25
GC 12946; 2 4 years after completion/position filled.
29 CFR 1602.14; 1 year after position filled.
29 CFR 1602.13; Maintain EEOC demographic
information.
29 CFR 1627.3; 1 year after position filled.
State of California Guidelines; 2 years after
termination
™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 144
The City of Fontana
Records Retention Schedules and UFIRST™ Index
09-00-00 Police Administration Function
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 09-05-00 Code Enforcement Group
09-05-01 General Information All Depts MX AR AR Administrative Record; Review annually for relevance to a project, inclusion in an associated record series, or creation of a new record series. Keep while
current.
09-05-02 Code Enforcement Case Files – Regular (includes, but is not limited to, weed abatement, and vehicle related citations) Includes inspections, citations,
correspondence, notices of liens mailed to
property owners, photographs, notes, e-mails,
complaints and violation resolution.
Code AC+1 1 AC+2 GC § 34090(d); 2 year minimum requirement;; State of California Guidelines. 2 years after
correction/completion, and following exhaustion of
any administrative remedies.
09-05-03 Prosecution Cases - Civil Long term and repeat offenders Records AC+1 1 AC+2 GC § 34090(d); 2 year minimum requirement.; State of California Guidelines. 2 years after
correction/completion. Administrative Decision:
Department retains working copies, City Prosecutor
responsible for original court conformed
copies.(ADD)*
09-05-04 Prosecution Cases - Criminal Long term and repeat offenders Records AC+1 1 AC+2 GC § 34090(d); 2 year minimum requirement; State of California Guidelines. 2 years after
correction/completion. Administrative Decision:
Department retains working copies, City Prosecutor
responsible for original court conformed copies.
™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 145
The City of Fontana
Records Retention Schedules and UFIRST™ Index
10-00-00 Community Services Function
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
10-01-00 General Community Services Group
10-01-01 General Information All Depts MX AR AR Administrative Record; Review annually for relevance to a project, inclusion in an associated record series, or creation of a new record series.
Keep while current.
10-01-02 Volunteer Information Includes emergency contact information, liability waivers, volunteer applications and
other volunteer documents.
Accepted applications:
Denied Applications:
Comm Svcs C PA
AT+2
AC+2
AT+2
AC+2
GC 12946; 2 4 years after completion/position filled
29 CFR 1602.14; 1 year after position filled
29 CFR 1602.13; Maintain EEOC demographic
information
29 CFR 1627.3; 1 year after position filled
State of California Guidelines; 2 years after
completion/position filled
10-01-03 Monthly Attendance Reports Comm Svcs PA CY+2 CY+2 GC 34090; 2 year minimum requirement State of California Guidelines; 2 years after completion 10-01-04 Membership Badges Identification badges for when person is playing or on the field.
Comm Svcs PA ACT+2 ACT+2 GC 34090; 2 year minimum requirement 10-01-05 City Annual Report Compiled by Community Services and Economic Development, approved by City
Manager and then printed by Economic
Development.
Comm Svcs
/ Econ Dev
PA CY+2 CY+2 GC 34090; 2 year minimum requirement
State of California Guidelines; 2 years for management
reports
10-01-06 Mayor's Youth Advisory Board Commissioner listings, appointments, resignations, Maddy Act postings, rosters and
other membership information
Comm Svcs PA LOB 5 LOB+5 GC 34090; 2 year minimum requirement State of California Guidelines; 5 years after board is
dissolved.
10-01-06 Scholarships Comm Svcs PA CY+2 CY+2 GC 34090; 2 year minimum requirement 10-01-07 Incident Reports Comm Svcs PA CY+5 CY+5 GC 34090; 2 year minimum requirement 29 CFR 1904.33; For OSHA 301 Incident Report
forms, 5 years after the year the records cover
10-02-00 Programs & Registration Group
10-02-01 General Information & Administration All Depts MX AR AR Administrative Record; Review annually for relevance to a project, inclusion in an associated record series, or creation of a new record series.
Keep while current.
10-02-02 Safari Tracks Recreation Management Software Database Includes information on reservations, registration, monies received and donations
for programs.
Comm Svcs C EL ACT ACT Transitory Record; Databases are maintained while active
10-02-03 Marketing One copy of each brochure is maintained as the official record for the program.
Comm Svcs EL S+2 S+2 GC 34090; 2 years minimum
State of California Guidelines; 2 years after
superseded or closed.
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 146
The City of Fontana
Records Retention Schedules and UFIRST™ Index
10-00-00 Community Services Function
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 10-02-04 Program Schedules Comm Svcs EL CY+2 CY+2 GC 34090; 2 years minimum State of California Guidelines; Current year plus 2
years
10-02-05 Reservations Comm Svcs PA CY+2 CY+2 GC 34090; 2 years minimum State of California Guidelines; Current year plus 2
years
10-02-06 Participant Registration Includes registration, waivers, emergency contacts and may include birth certificates.
Comm Svcs C PA CY+2 CY+2 GC 34090; 2 year minimum requirement CCP 335.1; 2 years for action on injuries caused by
neglect.
State of California Guidelines; 2 years plus the current year.
10-02-07 Transfer/Credit Forms Comm Svcs PA CY+2 2 CY+4 GC 34090; 2 year minimum requirement CCP 337; Statute of Limitations is 4 years
State of California Guidelines; 4 years after audit
10-02-08 Correct Transaction Requests (Voids) Comm Svcs PA CY+2 2 CY+4 GC 34090; 2 year minimum requirement CCP 337; Statute of Limitations is 4 years
State of California Guidelines; 4 years after audit
10-02-09 Requests for Refund Comm Svcs PA CY+2 2 CY+4 GC 34090; 2 year minimum requirement CCP 337; Statute of Limitations is 4 years
State of California Guidelines; 4 years after audit
10-03-00 Facilities Group
10-03-01 General Information All Depts MX AR AR Administrative Record; Review annually for relevance to a project, inclusion in an associated record series, or creation of a new record series.
Keep while current.
10-03-02 Reservations & Use Schedules Comm Svcs PA CY+2 CY+2 GC 34090; 2 years minimum State of California Guidelines; Current year plus 2
years
10-03-03 Facility Use Permits Comm Svcs PA CY+2 CY+2 GC 34090(d); 2 years minimum State of California Guidelines; Current year plus 2
years for facility use permits and insurance binders
10-03-04 Insurance Policies Insurance provided by the renter / customer. Comm Svcs PA CY+2 CY+2 GC 34090(d); 2 years minimum State of California Guidelines; Current year plus 2
years for facility use permits and insurance binders
™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 147
The City of Fontana
Records Retention Schedules and UFIRST™ Index
11-00-00 Successor Agency/Oversight Board (Former Redevelopment Agency) Function Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
11-01-00 Former Redevelopment Agency Group
11-01-01 General Information All Depts MX AR AR Administrative Record; Review annually for relevance to a project, inclusion in an associated record series, or creation of a new record series.
Keep while current.
11-01-02 Agency Formation Includes by-laws, duties, etc. CC PA P P P GC 34090e; Minutes of governing bodies, Permanent.
GC 40801; Maintain record of proceedings.
State of California Guidelines; Permanent
11-01-03 Five Year Implementation Plan CC EL P P P GC 34090; 2 year minimum retention.
State of California Guidelines; 2 years after
superseded for strategic planning and master plans.
Administrative Decision: Maintain permanently for
historical purposes.
11-01-07 Project Area & Special Committees Tied to the project area. CC EL P P P GC 34090; 2 year minimum retention.
GC 40801; Maintain.
State of California Guidelines; 5 years after board,
commission or committee is dissolved.
Administrative Decision: Maintain permanently since
the PAC is tied in to the formation or amendment of
the project area.
11-01-08 Wildlife Preservation & Conservation Includes information on the Delhi Sands Flower Loving Fly, the Multi-species Habitat
Conservation Plan and the San Bernardino
Kanagroo Rat. Federal government regulated
documents.
CC MX P P P GC 34090; 2 year minimum retention.
State of California Guidelines; 2 years after completion for environmental conservation and issues
Administrative Decision: Maintain permanently since
documents are environmentally sensitive.
11-01-09 Workshops Workshops to inform the public about ongoing redevelopment issues.
CC EL CY+2 5 CY+7 GC 34090; 2 year minimum retention.
State of California Guidelines; Current year plus 7
years for external public relations and outside
promotional marketing; no citation given
Administrative Decision: Maintain for 7 years after
current year for reference purposes.(ADD)*
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 148
The City of Fontana
Records Retention Schedules and UFIRST™ Index
11-00-00 Successor Agency/Oversight Board (Former Redevelopment Agency) Function Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 11-91-00 Downtown Redevelopment Project Area Group
11-91-01 General Information All Depts MX AR AR Administrative Record; Review annually for relevance to a project, inclusion in an associated record series, or creation of a new record series. Keep while current. 11-91-02 Project Area Formation CC MX AC+2 P P GC 34090a; Real property records, maintain State of California Guidelines; Permanent
11-91-03 Project Plan Amendments CC MX AC+2 P P GC 34090a; Real property records, maintain State of California Guidelines; Permanent
11-91-04 Property Acquisition CC MX AC+2 8 AC+10 GC 34090; 2 year minimum retention State of California Guidelines; Completion or
expiration + 10 years
Administrative Decision: Maintain for 10 years after
completion for reference purposes.(ADD)*
11-91-05 Property Disposition CC MX AC+2 8 AC+10 GC 34090; 2 year minimum retention State of California Guidelines; Completion or
expiration + 10 years
Administrative Decision: Maintain for 10 years after
completion for reference purposes.(ADD)*
11-91-06 Property Owner Participation, Relocation & Property Mgmt CC MX AC+2 3 AC+5 GC 34090; 2 year minimum retention CCP 343; Statutes of limitations of 4 years
State of California Guidelines; 2 years after completion for relocation files, 5 years after closure for
agreements.
Administrative Decision: Maintain for 5 years after
completion for reference purposes.(ADD)*
11-91-07 Project Area Improvements CC MX AC+2 P P GC 34090a; Real property records, maintain GC 4003, 4004; Maintain
H&S 19850; Building Plans - Life of Building, with
exceptions
CCP 337.15; 10 years
State of California Guidelines; Permanent
™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 149
The City of Fontana
Records Retention Schedules and UFIRST™ Index
11-00-00 Successor Agency/Oversight Board (Former Redevelopment Agency) Function Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 11-91-08 Specific Projects Includes wildlife studies, environmental studies, city-related buildings and projects,
CIP projects and other specific projects to
improve the project area.
CC MX AC+2 P P GC 34090a; Real property records, maintain GC 4003, 4004; Maintain
H&S 19850; Building Plans - Life of Building, with
exceptions
CCP 337.15; 10 years
State of California Guidelines; Permanent; 2 years
after completion for environmental conservation and
issues, but with the caveat of permanent for
environmentally sensitive documents.
™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 150
The City of Fontana
Records Retention Schedules and UFIRST™ Index
11-00-00 Successor Agency/Oversight Board (Former Redevelopment Agency) Function Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 11-92-00 Jurupa Hills Redevelopment Project Area Group
11-92-01 General Information All Depts MX AR AR Administrative Record; Review annually for relevance to a project, inclusion in an associated record series, or creation of a new record series. Keep while current. 11-92-02 Project Area Formation CC MX AC+2 P P GC 34090a; Real property records, maintain State of California Guidelines; Permanent
11-92-03 Project Plan Amendments CC MX AC+2 P P GC 34090a; Real property records, maintain State of California Guidelines; Permanent
11-92-04 Property Acquisition CC MX AC+2 8 AC+10 GC 34090; 2 year minimum retention State of California Guidelines; Completion or
expiration + 10 years
Administrative Decision: Maintain for 10 years after
completion for reference purposes.(ADD)*
11-92-05 Property Disposition CC MX AC+2 8 AC+10 GC 34090; 2 year minimum retention State of California Guidelines; Completion or
expiration + 10 years
Administrative Decision: Maintain for 10 years after
completion for reference purposes.(ADD)*
11-92-06 Property Owner Participation, Relocation & Property Mgmt CC MX AC+2 3 AC+5 GC 34090; 2 year minimum retention CCP 343; Statutes of limitations of 4 years
State of California Guidelines; 2 years after completion for relocation files, 5 years after closure for
agreements.
Administrative Decision: Maintain for 5 years after
completion for reference purposes.(ADD)*
11-92-07 Project Area Improvements CC MX AC+2 P P GC 34090a; Real property records, maintain GC 4003, 4004; Maintain
H&S 19850; Building Plans - Life of Building, with
exceptions
CCP 337.15; 10 years
State of California Guidelines; Permanent
11-92-08 Specific Projects Includes wildlife studies, environmental studies, city-related buildings and projects,
CIP projects and other specific projects to
improve the project area.
CC MX AC+2 P P GC 34090a; Real property records, maintain GC 4003, 4004; Maintain
H&S 19850; Building Plans - Life of Building, with
exceptions
CCP 337.15; 10 years
State of California Guidelines; Permanent; 2 years
after completion for environmental conservation and
issues, but with the caveat of permanent for
environmentally sensitive documents.
™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 151
The City of Fontana
Records Retention Schedules and UFIRST™ Index
11-00-00 Successor Agency/Oversight Board (Former Redevelopment Agency) Function Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 152
The City of Fontana
Records Retention Schedules and UFIRST™ Index
11-00-00 Successor Agency/Oversight Board (Former Redevelopment Agency) Function Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 11-93-00 Southwest Industrial Park Redevelopment Project Area Group 11-93-01 General Information All Depts MX AR AR Administrative Record; Review annually for relevance to a project, inclusion in an associated record series, or creation of a new record series.
Keep while current.
11-93-02 Project Area Formation CC MX AC+2 P P GC 34090a; Real property records, maintain State of California Guidelines; Permanent
11-93-03 Project Plan Amendments CC MX AC+2 P P GC 34090a; Real property records, maintain State of California Guidelines; Permanent
11-93-04 Property Acquisition CC MX AC+2 8 AC+10 GC 34090; 2 year minimum retention State of California Guidelines; Completion or
expiration + 10 years
Administrative Decision: Maintain for 10 years after
completion for reference purposes.(ADD)*
11-93-05 Property Disposition CC MX AC+2 8 AC+10 GC 34090; 2 year minimum retention State of California Guidelines; Completion or
expiration + 10 years
Administrative Decision: Maintain for 10 years after
completion for reference purposes.(ADD)*
11-93-06 Property Owner Participation, Relocation & Property Mgmt CC MX AC+2 3 AC+5 GC 34090; 2 year minimum retention CCP 343; Statutes of limitations of 4 years
State of California Guidelines; 2 years after completion for relocation files, 5 years after closure for
agreements.
Administrative Decision: Maintain for 5 years after
completion for reference purposes.(ADD)*
11-93-07 Project Area Improvements CC MX AC+2 P P GC 34090a; Real property records, maintain GC 4003, 4004; Maintain
H&S 19850; Building Plans - Life of Building, with
exceptions
CCP 337.15; 10 years
State of California Guidelines; Permanent
11-93-08 Specific Projects Includes wildlife studies, environmental studies, city-related buildings and projects,
CIP projects and other specific projects to
improve the project area.
CC MX AC+2 P P GC 34090a; Real property records, maintain GC 4003, 4004; Maintain
H&S 19850; Building Plans - Life of Building, with
exceptions
CCP 337.15; 10 years
State of California Guidelines; Permanent; 2 years
after completion for environmental conservation and
issues, but with the caveat of permanent for
environmentally sensitive documents.
™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 153
The City of Fontana
Records Retention Schedules and UFIRST™ Index
11-00-00 Successor Agency/Oversight Board (Former Redevelopment Agency) Function Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 154
The City of Fontana
Records Retention Schedules and UFIRST™ Index
11-00-00 Successor Agency/Oversight Board (Former Redevelopment Agency) Function Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 11-94-00 North Fontana Redevelopment Project Area Group 11-94-01 General Information All Depts MX AR AR Administrative Record; Review annually for relevance to a project, inclusion in an associated record series, or creation of a new record series.
Keep while current.
11-94-02 Project Area Formation CC MX AC+2 P P GC 34090a; Real property records, maintain State of California Guidelines; Permanent
11-94-03 Project Plan Amendments CC MX AC+2 P P GC 34090a; Real property records, maintain State of California Guidelines; Permanent
11-94-04 Property Acquisition CC MX AC+2 8 AC+10 GC 34090; 2 year minimum retention State of California Guidelines; Completion or
expiration + 10 years
Administrative Decision: Maintain for 10 years after
completion for reference purposes.(ADD)*
11-94-05 Property Disposition CC MX AC+2 8 AC+10 GC 34090; 2 year minimum retention State of California Guidelines; Completion or
expiration + 10 years
Administrative Decision: Maintain for 10 years after
completion for reference purposes.(ADD)*
11-94-06 Property Owner Participation, Relocation & Property Mgmt CC MX AC+2 3 AC+5 GC 34090; 2 year minimum retention CCP 343; Statutes of limitations of 4 years
State of California Guidelines; 2 years after completion for relocation files, 5 years after closure for
agreements.
Administrative Decision: Maintain for 5 years after
completion for reference purposes.(ADD)*
11-94-07 Project Area Improvements CC MX AC+2 P P GC 34090a; Real property records, maintain GC 4003, 4004; Maintain
H&S 19850; Building Plans - Life of Building, with
exceptions
CCP 337.15; 10 years
State of California Guidelines; Permanent
11-94-08 Specific Projects Includes wildlife studies, environmental studies, city-related buildings and projects,
CIP projects and other specific projects to
improve the project area.
CC MX AC+2 P P GC 34090a; Real property records, maintain GC 4003, 4004; Maintain
H&S 19850; Building Plans - Life of Building, with
exceptions
CCP 337.15; 10 years
State of California Guidelines; Permanent; 2 years
after completion for environmental conservation and
issues, but with the caveat of permanent for
environmentally sensitive documents.
™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 155
The City of Fontana
Records Retention Schedules and UFIRST™ Index
11-00-00 Successor Agency/Oversight Board (Former Redevelopment Agency) Function Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 156
The City of Fontana
Records Retention Schedules and UFIRST™ Index
11-00-00 Successor Agency/Oversight Board (Former Redevelopment Agency) Function Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 11-95-00 Sierra Corridor Commercial Redevelopment Project Area Group 11-95-01 General Information All Depts MX AR AR Administrative Record; Review annually for relevance to a project, inclusion in an associated record series, or creation of a new record series.
Keep while current.
11-95-02 Project Area Formation CC MX AC+2 P P GC 34090a; Real property records, maintain State of California Guidelines; Permanent
11-95-03 Project Plan Amendments CC MX AC+2 P P GC 34090a; Real property records, maintain *Add administrative decision to support retention.
11-95-04 Property Acquisition CC MX AC+2 8 AC+10 GC 34090; 2 year minimum retention State of California Guidelines; Completion or
expiration + 10 years
Administrative Decision: Maintain for 10 years after
completion for reference purposes.(ADD)*
11-95-05 Property Disposition CC MX AC+2 8 AC+10 GC 34090; 2 year minimum retention State of California Guidelines; Completion or
expiration + 10 years
Administrative Decision: Maintain for 10 years after
completion for reference purposes.(ADD)*
11-95-06 Property Owner Participation, Relocation & Property Mgmt CC MX AC+2 3 AC+5 GC 34090; 2 year minimum retention CCP 343; Statutes of limitations of 4 years
State of California Guidelines; 2 years after completion for relocation files, 5 years after closure for
agreements.
Administrative Decision: Maintain for 5 years after
completion for reference purposes.(ADD)*
11-95-07 Project Area Improvements CC MX AC+2 P P GC 34090a; Real property records, maintain GC 4003, 4004; Maintain
H&S 19850; Building Plans - Life of Building, with
exceptions
CCP 337.15; 10 years
State of California Guidelines; Permanent
11-95-08 Specific Projects Includes wildlife studies, environmental studies, city-related buildings and projects,
CIP projects and other specific projects to
improve the project area.
CC MX AC+2 P P GC 34090a; Real property records, maintain GC 4003, 4004; Maintain
H&S 19850; Building Plans - Life of Building, with
exceptions
CCP 337.15; 10 years
State of California Guidelines; Permanent; 2 years
after completion for environmental conservation and
issues, but with the caveat of permanent for
environmentally sensitive documents.
™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 157
The City of Fontana
Records Retention Schedules and UFIRST™ Index
11-00-00 Successor Agency/Oversight Board (Former Redevelopment Agency) Function Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 158
The City of Fontana
Records Retention Schedules and UFIRST™ Index
11-00-00 Successor Agency/Oversight Board (Former Redevelopment Agency) Function Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 11-99-00 San Bernardino County Redevelopment Projects Group 11-99-01 General Information All Depts MX AR AR Administrative Record; Review annually for relevance to a project, inclusion in an associated record series, or creation of a new record series.
Keep while current.
11-99-02 San Sevaine Redevelopment Project Area CC PA CY+2, AR CY+2, AR GC 34090.7; Duplicate copies may be destroyed at any time if the City Council has prescribed a procedure for destruction of duplicates per GC 34090.7.
Non-records may be destroyed at any time.
™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 159
The City of Fontana
Records Retention Schedules and UFIRST™ Index
12-00-00 Information Technologies Function
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
12-01-00 General Information Technologies Group
12-01-01 General Information Includes general informational letters, memos and communications unrelated to specific
records series listed in this group.
All Depts MX AR AR Administrative Record; Review annually for relevance to a project, inclusion in an associated record series, or creation of a new record series.
Keep while current.
12-01-02 IT Service Management System (ITSM) Database for management of maintenance and operations for network, software and
hardware systems.
IT EL ACT ACT Transitory Record; Databases are maintained while active.
12-01-03 Application Documentation & Manuals Manuals and procedures for maintaining and operating software applications. Provided by
the software developer or vendor, and
occasionally modified/enhanced by IT.
IT MX ACT ACT GC 34090.7; Duplicate copies may be destroyed at any time if the City Council has prescribed a procedure for destruction of duplicates per GC 34090.7.
Non-records may be destroyed at any time.
Administrative Record; Reference materials.
12-01-04 Technical Network Diagrams & Configuration Parameters Dynamic documents related to network configuration.
IT C EL ACT ACT GC 34090(d); 2 year minimum requirement.
CCP 343; SOL of 4 years.
State of California Guidelines; Current year plus 4
years for network configuration and diagrams
Administrative Decision: Maintain all technical network diagrams and configuration documents while they are
active, due to the transitory nature of the materials.
12-01-05 General IT Projects Projects and tasks not related to software or hardware acquisition.
IT EL AC+2 AC+2 GC 34090(d); 2 year minimum requirement.
State of California Guidelines; Current year plus 2
years for maintenance and operations
12-01-06 Hardware/Software Acquisition Projects Projects generated from service requests/incidents that turn into technology
assets.
IT EL AT+2 AT+2 GC 34090(d); 2 year minimum requirement.
State of California Guidelines; Current year plus 2
years for maintenance and operations
12-01-07 License, Service, Maintenance & Support Agreements Includes renewal notifications supporting original agreements.
IT MX AT 5 AT+5 CCP 337.2; Statutes of limitations of 4 years.
CCP 343; Statutes of limitations of 4 years.
48 CFR 4.601; 5 years after completion for
procurements exceeding $25,000.
Administrative Decision: Maintain all agreements and
supporting documents for 5 years after termination of
the system.
12-01-08 IT Emails IT EL CY+2 CY+2 GC 34090(d); 2 year minimum requirement.
Administrative Record, State of California Guidelines
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months ™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 160
The City of Fontana
Records Retention Schedules and UFIRST™ Index
12-00-00 Information Technologies Function
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 12-01-09 IT Cell Phone Logs IT EL CY+2 CY+2 GC 34090(d); 2 year minimum requirement.
Administrative Record, State of California Guidelines
™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 161
The City of Fontana
Records Retention Schedules and UFIRST™ Index
13-00-00 Housing & Economic Development Function
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 13-01-00 Housing Group
13-01-01 General Information All Depts MX AR AR Administrative Record; Review annually for relevance to a project, inclusion in an associated record series, or creation of a new record series.
Keep while current.
13-01-02 Affordable Unit Rehabilitations May contain DDAs, construction contracts, compliance monitoring, lease agreements,
rental agreements, property management and
other affordable housing information
H&ED PA AC+2 2 AC+4 2 CFR 200.333; 3 years after submission of final expenditure report or, for federal awards that are
renewed quarterly or annually, from the date of the
submission of the quarterly or annual financial report, respectively.
2 CFR 200.333(a); If litigation, then 3 years after claim has been resolved/settled/final action is taken.
2 CFR 200.333(c); For real property or equipment
acquired with federal funds, 3 years after final
disposition.
2 CFR 200.333(f)(1); For indirect cost rate proposals
and cost allocation plans submitted for negotiation, 3
years from the date of submission.
2 CFR 200.333(f)(2); For indirect cost rate proposals
and cost allocation plans not submitted for negotiation, 3 years from the end of the fiscal year covered by the
proposal.
24 CFR 570.502(a)(7)(i); 4 years after execution of
closeout agreement.
24 CFR 570.502(a)(7)(ii); For records for individual
activities subject to the reversion of assets/change of use provisions, 3 years after those provisions no
longer apply.
24 CFR 570.502(a)(7)(iii); For records for individual
activities for which there are outstanding loan
balances/other receivables/contingent liabilities, 3
years after receivables/liabilities satisfied.
State of California Guidelines; Closure of loan plus 3
years.
™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 162
The City of Fontana
Records Retention Schedules and UFIRST™ Index
13-00-00 Housing & Economic Development Function
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 13-01-03 Affordable Housing New construction properties including loans, construction, land purchase, maps, DDAs,
monitoring, GAP loans and other information
for construction financing tax credits
H&ED PA AC+2 2 AC+4 2 CFR 200.333; 3 years after submission of final expenditure report or, for federal awards that are
renewed quarterly or annually, from the date of the
submission of the quarterly or annual financial report, respectively
2 CFR 200.333(a); If litigation, then 3 years after claim has been resolved/settled/final action is taken.
2 CFR 200.333(c); For real property or equipment
acquired with federal funds, 3 years after final
disposition
2 CFR 200.333(f)(1); For indirect cost rate proposals
and cost allocation plans submitted for negotiation, 3
years from the date of submission
2 CFR 200.333(f)(2); For indirect cost rate proposals
and cost allocation plans not submitted for negotiation, 3 years from the end of the fiscal year covered by the
proposal
24 CFR 570.502(a)(7)(i); 4 years after execution of
closeout agreement
24 CFR 570.502(a)(7)(ii); For records for individual
activities subject to the reversion of assets/change of use provisions, 3 years after those provisions no
longer apply
24 CFR 570.502(a)(7)(iii); For records for individual
activities for which there are outstanding loan
balances/other receivables/contingent liabilities, 3
years after receivables/liabilities satisfied
State of California Guidelines; Closure of loan plus 3
years
™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 163
The City of Fontana
Records Retention Schedules and UFIRST™ Index
13-00-00 Housing & Economic Development Function
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 13-01-04 First Time Homebuyer Program Loan files-- Including deed copies, loan information, applications and recorded
documents
H&ED PA AC+2 2 AC+4 2 CFR 200.333; 3 years after submission of final expenditure report or, for federal awards that are
renewed quarterly or annually, from the date of the
submission of the quarterly or annual financial report, respectively
2 CFR 200.333(a); If litigation, then 3 years after claim has been resolved/settled/final action is taken.
2 CFR 200.333(c); For real property or equipment
acquired with federal funds, 3 years after final
disposition
2 CFR 200.333(f)(1); For indirect cost rate proposals
and cost allocation plans submitted for negotiation, 3
years from the date of submission
2 CFR 200.333(f)(2); For indirect cost rate proposals
and cost allocation plans not submitted for negotiation, 3 years from the end of the fiscal year covered by the
proposal
24 CFR 570.502(a)(7)(i); 4 years after execution of
closeout agreement
24 CFR 570.502(a)(7)(ii); For records for individual
activities subject to the reversion of assets/change of use provisions, 3 years after those provisions no
longer apply
24 CFR 570.502(a)(7)(iii); For records for individual
activities for which there are outstanding loan
balances/other receivables/contingent liabilities, 3
years after receivables/liabilities satisfied
State of California Guidelines; Closure of loan plus 3
years
™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 164
The City of Fontana
Records Retention Schedules and UFIRST™ Index
13-00-00 Housing & Economic Development Function
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 13-01-05 Emergency Grant Program Repairs for health and safety issues including income verification, contracts and other
program documents
H&ED PA AC+2 2 AC+4 2 CFR 200.333; 3 years after submission of final expenditure report or, for federal awards that are
renewed quarterly or annually, from the date of the
submission of the quarterly or annual financial report, respectively.
2 CFR 200.333(a); If litigation, then 3 years after claim has been resolved/settled/final action is taken.
2 CFR 200.333(c); For real property or equipment
acquired with federal funds, 3 years after final
disposition.
2 CFR 200.333(f)(1); For indirect cost rate proposals
and cost allocation plans submitted for negotiation, 3
years from the date of submission.
2 CFR 200.333(f)(2); For indirect cost rate proposals
and cost allocation plans not submitted for negotiation, 3 years from the end of the fiscal year covered by the
proposal.
24 CFR 570.502(a)(7)(i); 4 years after execution of
closeout agreement.
24 CFR 570.502(a)(7)(ii); For records for individual
activities subject to the reversion of assets/change of use provisions, 3 years after those provisions no
longer apply.
24 CFR 570.502(a)(7)(iii); For records for individual
activities for which there are outstanding loan
balances/other receivables/contingent liabilities, 3
years after receivables/liabilities satisfied.
State of California Guidelines; Closure of loan plus 3
years
™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 165
The City of Fontana
Records Retention Schedules and UFIRST™ Index
13-00-00 Housing & Economic Development Function
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 13-01-06 Residential Rehabilitation Loans Great Neighborhood and other property improvement programs. Loan files--Including
deed copies, loan information, applications
and recorded documents
H&ED PA AC+2 2 AC+4 2 CFR 200.333; 3 years after submission of final expenditure report or, for federal awards that are
renewed quarterly or annually, from the date of the
submission of the quarterly or annual financial report, respectively.
2 CFR 200.333(a); If litigation, then 3 years after claim has been resolved/settled/final action is taken.
2 CFR 200.333(c); For real property or equipment
acquired with federal funds, 3 years after final
disposition.
2 CFR 200.333(f)(1); For indirect cost rate proposals
and cost allocation plans submitted for negotiation, 3
years from the date of submission.
2 CFR 200.333(f)(2); For indirect cost rate proposals
and cost allocation plans not submitted for negotiation, 3 years from the end of the fiscal year covered by the
proposal.
24 CFR 570.502(a)(7)(i); 4 years after execution of
closeout agreement.
24 CFR 570.502(a)(7)(ii); For records for individual
activities subject to the reversion of assets/change of use provisions, 3 years after those provisions no
longer apply.
24 CFR 570.502(a)(7)(iii); For records for individual
activities for which there are outstanding loan
balances/other receivables/contingent liabilities, 3
years after receivables/liabilities satisfied.
State of California Guidelines; Closure of loan plus 3
years
™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 166
The City of Fontana
Records Retention Schedules and UFIRST™ Index
13-00-00 Housing & Economic Development Function
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 13-01-07 Fontana Employee & Teachers Housing Assistance Program Loan files-- Including deed copies, loan information, applications and recorded
documents
H&ED PA AC+2 2 AC+4 2 CFR 200.333; 3 years after submission of final expenditure report or, for federal awards that are
renewed quarterly or annually, from the date of the
submission of the quarterly or annual financial report, respectively.
2 CFR 200.333(a); If litigation, then 3 years after claim has been resolved/settled/final action is taken.
2 CFR 200.333(c); For real property or equipment
acquired with federal funds, 3 years after final
disposition.
2 CFR 200.333(f)(1); For indirect cost rate proposals
and cost allocation plans submitted for negotiation, 3
years from the date of submission.
2 CFR 200.333(f)(2); For indirect cost rate proposals
and cost allocation plans not submitted for negotiation, 3 years from the end of the fiscal year covered by the
proposal.
24 CFR 570.502(a)(7)(i); 4 years after execution of
closeout agreement.
24 CFR 570.502(a)(7)(ii); For records for individual
activities subject to the reversion of assets/change of use provisions, 3 years after those provisions no
longer apply.
24 CFR 570.502(a)(7)(iii); For records for individual
activities for which there are outstanding loan
balances/other receivables/contingent liabilities, 3
years after receivables/liabilities satisfied.
State of California Guidelines; Closure of loan plus 3
years
13-01-08 Workshops & Events H&ED PA CY+2 CY+2 GC 34090(d); 2 year minimum requirement.
State of California Guidelines; Maintain for the Current Year plus 2 years
13-01-09 Property Management Documents Reimbursements, financial expenditures, rent receipts, general maintenance, improvements
H&ED PA CY+4 CY+4 GC 34090(d); 2 year minimum requirement.
CCP 337; Statute of Limitations of 4 years.
State of California Guidelines; Current year plus 2
years for code enforcement
13-01-10 Property Compliance Monitoring H&ED PA CY+2 CY+2 GC 34090(d); 2 year minimum requirement.
State of California Guidelines; Current year plus 2
years for code enforcement
™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 167
The City of Fontana
Records Retention Schedules and UFIRST™ Index
13-00-00 Housing & Economic Development Function
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 13-02-00 Economic Development Group
13-02-01 General Information All Depts MX AR AR Administrative Record; Review annually for relevance to a project, inclusion in an associated record series, or creation of a new record series. Keep while current. 13-02-02 Project Files Completed Projects
May include feasibility studies.
Proposed Projects - Not Completed
Includes renderings, correspondence and
legal documents, any other project related
documents.
May include feasibility studies.
H&ED MX AC+2
CY+3
8 AC+10
CY+3
GC 34090(d); 2 year minimum requirement.
CCP 337.15; SOL of 10 years for construction defect
actions.
GC 34090; 2 year minimum requirement.
CCP 343; SOL of 4 years.
13-02-03 Marketing Materials Includes advertisements, promotional brochures, property profile reports and other
marketing materials.
H&ED MX CY+2 5 CY+7 GC 34090(d); 2 year minimum requirement.
State of California Guidelines; Current year plus 7
years for external promotional marketing, no legal
citation given.
13-02-04 Workshops & Events H&ED MX CY+2 CY+2 GC 34090(d); 2 year minimum requirement State of California Guidelines; Maintain for the Current Year plus 2 years
™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 168
The City of Fontana
Records Retention Schedules and UFIRST™ Index
13-00-00 Housing & Economic Development Function
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 13-03-00 Property Acquisition Group
13-03-01 General Information All Depts MX AR AR Administrative Record; Review annually for relevance to a project, inclusion in an associated record series, or creation of a new record series.
Keep while current.
13-03-02 Property / Title Insurance H&ED PA AC+2 8 AC+10 GC 34090(d); 2 year minimum requirement.
State of California Guidelines; 10 years after closure
for supporting documents
13-03-03 Property Agreements Includes copies of leases, loans and other property related agreements.
H&ED PA P P P GC 34090(d); 2 year minimum requirement.
CCP 337.2; SOL of 4 years for leases.
State of California Guidelines; 10 years after closure
for supporting documents
13-03-04 Appraisals & Title Reports - Purchased Land H&ED C PA AC+2 8 AC+10 GC 34090(d); 2 year minimum requirement.
State of California Guidelines; 10 years after closure
for supporting documents
13-03-05 Appraisals & Title Reports - Land Not Purchased H&ED C PA AC+2 AC+2 GC 34090(d); 2 year minimum requirement. 13-03-06 Environmental Reports Obtained for pre-purchase due diligence H&ED PA P P P GC 34090(a); Permanent for land related documents.
State of California Guidelines; Permanent for soil
reports, State also recommends permanency for
environmentally sensitive documents
13-03-07 Purchase & Sale Agreements Also includes realtor forms H&ED PA AC+2 8 AC+10 GC 34090(d); 2 year minimum requirement State of California Guidelines; 10 years after closure
for supporting documents
13-03-08 Escrow & Financial Documents H&ED PA AC+2 8 AC+10 GC 34090(d); 2 year minimum requirement State of California Guidelines; 10 years after closure
for supporting documents
13-03-09 Recorded Property Documents Copies of deeds and other recorded documents maintained by the City Clerk
H&ED PA P P P GC 34090(a); Permanent for real property records State of California Guidelines; Permanent
13-03-10 Property Tax Information H&ED PA CY+2 8 CY+10 GC 34090(d); 2 year minimum requirement State of California Guidelines; 10 years after closure
for supporting documents
™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 169
The City of Fontana
Records Retention Schedules and UFIRST™ Index
13-00-00 Housing & Economic Development Function
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 13-04-00 Incoming Grant Programs Group
13-04-01 General Information All Depts MX AR AR Administrative Record; Review annually for relevance to a project, inclusion in an associated record series, or creation of a new record series.
Keep while current.
13-04-02 HOME Departments are responsible for maintaining copies of invoices paid toward grants and
longer retention term records series, as
needed. Departments should maintain grant
applications, financial and performance
reports, and any purchasing documents that
support the procurement process (quotes,
bids, purchase orders, contracts, etc.) in
addition to any documents that relate to the
grant award, from application to closeout.
H&ED PA AFP+1 * 4 * AFP+5 * 2 CFR 200.333; 3 years after submission of final expenditure report or, for federal awards that are
renewed quarterly or annually, from the date of the
submission of the quarterly or annual financial report, respectively.
2 CFR 200.333(a); If litigation, then 3 years after claim has been resolved/settled/final action is taken.
2 CFR 200.333(c); For real property or equipment
acquired with federal funds, 3 years after final
disposition.
2 CFR 200.333(f)(1); For indirect cost rate proposals
and cost allocation plans submitted for negotiation, 3
years from the date of submission.
2 CFR 200.333(f)(2); For indirect cost rate proposals
and cost allocation plans not submitted for negotiation, 3 years from the end of the fiscal year covered by the
proposal.
24 CFR 570.502(a)(7)(i); 4 years after execution of
closeout agreement.
24 CFR 570.502(a)(7)(ii); For records for individual
activities subject to the reversion of assets/change of use provisions, 3 years after those provisions no
longer apply.
24 CFR 570.502(a)(7)(iii); For records for individual
activities for which there are outstanding loan
balances/other receivables/contingent liabilities, 3
years after receivables/liabilities satisfied.
™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 170
The City of Fontana
Records Retention Schedules and UFIRST™ Index
13-00-00 Housing & Economic Development Function
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 13-04-03 ESG Departments are responsible for maintaining copies of invoices paid toward grants and
longer retention term records series, as
needed. Departments should maintain grant
applications, financial and performance
reports, and any purchasing documents that
support the procurement process (quotes,
bids, purchase orders, contracts, etc.) in
addition to any documents that relate to the
grant award, from application to closeout.
H&ED PA AFP+1 * 4 * AFP+5 * 2 CFR 200.333; 3 years after submission of final expenditure report or, for federal awards that are
renewed quarterly or annually, from the date of the
submission of the quarterly or annual financial report, respectively.
2 CFR 200.333(a); If litigation, then 3 years after claim has been resolved/settled/final action is taken.
2 CFR 200.333(c); For real property or equipment
acquired with federal funds, 3 years after final
disposition.
2 CFR 200.333(f)(1); For indirect cost rate proposals
and cost allocation plans submitted for negotiation, 3
years from the date of submission.
2 CFR 200.333(f)(2); For indirect cost rate proposals
and cost allocation plans not submitted for negotiation, 3 years from the end of the fiscal year covered by the
proposal.
24 CFR 570.502(a)(7)(i); 4 years after execution of
closeout agreement.
24 CFR 570.502(a)(7)(ii); For records for individual
activities subject to the reversion of assets/change of use provisions, 3 years after those provisions no
longer apply
24 CFR 570.502(a)(7)(iii); For records for individual
activities for which there are outstanding loan
balances/other receivables/contingent liabilities, 3
years after receivables/liabilities satisfied.
™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 171
The City of Fontana
Records Retention Schedules and UFIRST™ Index
13-00-00 Housing & Economic Development Function
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 13-04-04 CDBG Departments are responsible for maintaining copies of invoices paid toward grants and
longer retention term records series, as
needed. Departments should maintain grant
applications, financial and performance
reports, and any purchasing documents that
support the procurement process (quotes,
bids, purchase orders, contracts, etc.) in
addition to any documents that relate to the
grant award, from application to closeout.
H&ED PA AFP+5 * AFP+5 * 2 CFR 200.333; 3 years after submission of final expenditure report or, for federal awards that are
renewed quarterly or annually, from the date of the
submission of the quarterly or annual financial report, respectively
2 CFR 200.333(a); If litigation, then 3 years after claim has been resolved/settled/final action is taken.
2 CFR 200.333(c); For real property or equipment
acquired with federal funds, 3 years after final
disposition
2 CFR 200.333(f)(1); For indirect cost rate proposals
and cost allocation plans submitted for negotiation, 3
years from the date of submission
2 CFR 200.333(f)(2); For indirect cost rate proposals
and cost allocation plans not submitted for negotiation, 3 years from the end of the fiscal year covered by the
proposal
24 CFR 570.502(a)(7)(i); 4 years after execution of
closeout agreement
24 CFR 570.502(a)(7)(ii); For records for individual
activities subject to the reversion of assets/change of use provisions, 3 years after those provisions no
longer apply
24 CFR 570.502(a)(7)(iii); For records for individual
activities for which there are outstanding loan
balances/other receivables/contingent liabilities, 3
years after receivables/liabilities satisfied
™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 172
The City of Fontana
Records Retention Schedules and UFIRST™ Index
13-00-00 Housing & Economic Development Function
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 13-04-05 HUD Departments are responsible for maintaining copies of invoices paid toward grants and
longer retention term records series, as
needed. Departments should maintain grant
applications, financial and performance
reports, and any purchasing documents that
support the procurement process (quotes,
bids, purchase orders, contracts, etc.) in
addition to any documents that relate to the
grant award, from application to closeout.
H&ED PA AFP+1 * 4 * AFP+5 * 2 CFR 200.333; 3 years after submission of final expenditure report or, for federal awards that are
renewed quarterly or annually, from the date of the
submission of the quarterly or annual financial report, respectively.
2 CFR 200.333(a); If litigation, then 3 years after claim has been resolved/settled/final action is taken.
2 CFR 200.333(c); For real property or equipment
acquired with federal funds, 3 years after final
disposition.
2 CFR 200.333(f)(1); For indirect cost rate proposals
and cost allocation plans submitted for negotiation, 3
years from the date of submission.
2 CFR 200.333(f)(2); For indirect cost rate proposals
and cost allocation plans not submitted for negotiation, 3 years from the end of the fiscal year covered by the
proposal.
24 CFR 570.502(a)(7)(i); 4 years after execution of
closeout agreement.
24 CFR 570.502(a)(7)(ii); For records for individual
activities subject to the reversion of assets/change of use provisions, 3 years after those provisions no
longer apply.
24 CFR 570.502(a)(7)(iii); For records for individual
activities for which there are outstanding loan
balances/other receivables/contingent liabilities, 3
years after receivables/liabilities satisfied.
™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 173
The City of Fontana
Records Retention Schedules and UFIRST™ Index
13-00-00 Housing & Economic Development Function
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 13-04-06 Grant Reimbursement/Draw Requests Departments are responsible for maintaining copies of invoices paid toward grants and
longer retention term records series, as
needed. Departments should maintain grant
applications, financial and performance
reports, and any purchasing documents that
support the procurement process (quotes,
bids, purchase orders, contracts, etc.) in
addition to any documents that relate to the
grant award, from application to closeout.
H&ED PA AFP+1 * 4 * AFP+5 * 2 CFR 200.333; 3 years after submission of final expenditure report or, for federal awards that are
renewed quarterly or annually, from the date of the
submission of the quarterly or annual financial report, respectively.
2 CFR 200.333(a); If litigation, then 3 years after claim has been resolved/settled/final action is taken.
2 CFR 200.333(c); For real property or equipment
acquired with federal funds, 3 years after final
disposition.
2 CFR 200.333(f)(1); For indirect cost rate proposals
and cost allocation plans submitted for negotiation, 3
years from the date of submission.
2 CFR 200.333(f)(2); For indirect cost rate proposals
and cost allocation plans not submitted for negotiation, 3 years from the end of the fiscal year covered by the
proposal.
24 CFR 570.502(a)(7)(i); 4 years after execution of
closeout agreement.
24 CFR 570.502(a)(7)(ii); For records for individual
activities subject to the reversion of assets/change of use provisions, 3 years after those provisions no
longer apply.
24 CFR 570.502(a)(7)(iii); For records for individual
activities for which there are outstanding loan
balances/other receivables/contingent liabilities, 3
years after receivables/liabilities satisfied.
™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 174
The City of Fontana
Records Retention Schedules and UFIRST™ Index
13-00-00 Housing & Economic Development Function
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 13-05-00 Fontana Housing Authority Group
13-05-01 General Information All Depts MX AR AR Administrative Record; Review annually for relevance to a project, inclusion in an associated record series, or creation of a new record series. Keep while current. 13-05-02 By-laws & Formation Documents CC V PA P P P GC 34090(e); Permanent for ordinances and resolutions
State of California Guidelines; Permanent for
administrative records and for decisions made by
public agencies
13-05-03 Agendas & Agenda Packets CC PA ACT CY+10 CY+10 GC 34090(d); 2 year minimum requirement State of California Guidelines; Maintain for the Current Year plus 2 years
Administrative Decision: Maintain while active on
website for reference purposes and to follow
Administrative Decision: Current Year plus 10 years
for reference purposes, and to follow City Clerk
retention for Council agenda packets.
13-05-04 Minutes CC V, H PA P P P GC 34090(e); Minutes of governing bodies, Permanent State of California Guidelines; Permanent
™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 175
The City of Fontana
Records Retention Schedules and UFIRST™ Index
13-00-00 Housing & Economic Development Function
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 13-05-05 Affordable Unit Rehabilitations May contain DDAs, construction contracts, compliance monitoring, lease agreements,
rental agreements, property management and
other affordable housing information
H&ED PA AC+2 2 AC+4 2 CFR 200.333; 3 years after submission of final expenditure report or, for federal awards that are
renewed quarterly or annually, from the date of the
submission of the quarterly or annual financial report, respectively.
2 CFR 200.333(a); If litigation, then 3 years after claim has been resolved/settled/final action is taken.
2 CFR 200.333(c); For real property or equipment
acquired with federal funds, 3 years after final
disposition.
2 CFR 200.333(f)(1); For indirect cost rate proposals
and cost allocation plans submitted for negotiation, 3
years from the date of submission.
2 CFR 200.333(f)(2); For indirect cost rate proposals
and cost allocation plans not submitted for negotiation, 3 years from the end of the fiscal year covered by the
proposal.
24 CFR 570.502(a)(7)(i); 4 years after execution of
closeout agreement.
24 CFR 570.502(a)(7)(ii); For records for individual
activities subject to the reversion of assets/change of use provisions, 3 years after those provisions no
longer apply.
24 CFR 570.502(a)(7)(iii); For records for individual
activities for which there are outstanding loan
balances/other receivables/contingent liabilities, 3
years after receivables/liabilities satisfied.
State of California Guidelines; Closure of loan plus 3
years
™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 176
The City of Fontana
Records Retention Schedules and UFIRST™ Index
13-00-00 Housing & Economic Development Function
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 13-05-06 Affordable Housing New construction properties including loans, construction, land purchase, maps, DDAs,
monitoring, GAP loans and other information
for construction financing tax credits
H&ED PA AC+2 2 AC+4 2 CFR 200.333; 3 years after submission of final expenditure report or, for federal awards that are
renewed quarterly or annually, from the date of the
submission of the quarterly or annual financial report, respectively
2 CFR 200.333(a); If litigation, then 3 years after claim has been resolved/settled/final action is taken.
2 CFR 200.333(c); For real property or equipment
acquired with federal funds, 3 years after final
disposition.
2 CFR 200.333(f)(1); For indirect cost rate proposals
and cost allocation plans submitted for negotiation, 3
years from the date of submission.
2 CFR 200.333(f)(2); For indirect cost rate proposals
and cost allocation plans not submitted for negotiation, 3 years from the end of the fiscal year covered by the
proposal.
24 CFR 570.502(a)(7)(i); 4 years after execution of
closeout agreement.
24 CFR 570.502(a)(7)(ii); For records for individual
activities subject to the reversion of assets/change of use provisions, 3 years after those provisions no
longer apply.
24 CFR 570.502(a)(7)(iii); For records for individual
activities for which there are outstanding loan
balances/other receivables/contingent liabilities, 3
years after receivables/liabilities satisfied.
State of California Guidelines; Closure of loan plus 3
years
™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 177
The City of Fontana
Records Retention Schedules and UFIRST™ Index
13-00-00 Housing & Economic Development Function
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 13-05-07 Residential Rehabilitation Loans Great Neighborhood and other property improvement programs. Loan files--Including
deed copies, loan information, applications
and recorded documents
H&ED PA AC+2 2 AC+4 2 CFR 200.333; 3 years after submission of final expenditure report or, for federal awards that are
renewed quarterly or annually, from the date of the
submission of the quarterly or annual financial report, respectively.
2 CFR 200.333(a); If litigation, then 3 years after claim has been resolved/settled/final action is taken.
2 CFR 200.333(c); For real property or equipment
acquired with federal funds, 3 years after final
disposition.
2 CFR 200.333(f)(1); For indirect cost rate proposals
and cost allocation plans submitted for negotiation, 3
years from the date of submission.
2 CFR 200.333(f)(2); For indirect cost rate proposals
and cost allocation plans not submitted for negotiation, 3 years from the end of the fiscal year covered by the
proposal.
24 CFR 570.502(a)(7)(i); 4 years after execution of
closeout agreement.
24 CFR 570.502(a)(7)(ii); For records for individual
activities subject to the reversion of assets/change of use provisions, 3 years after those provisions no
longer apply.
24 CFR 570.502(a)(7)(iii); For records for individual
activities for which there are outstanding loan
balances/other receivables/contingent liabilities, 3
years after receivables/liabilities satisfied.
State of California Guidelines; Closure of loan plus 3
years
13-05-08 Workshops & Events H&ED PA CY+2 CY+2 GC 34090; 2 year minimum requirement.
State of California Guidelines; Maintain for the Current Year plus 2 years
™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 178
The City of Fontana
Records Retention Schedules and UFIRST™ Index
13-00-00 Housing & Economic Development Function
Legend:
Series Code Series Name Description of Documents, As Needed Office of Record
Special
Attributes
Media
Format
Active
Retention
Inactive
Retention
Total
Retention
Citations & Legal Basis
AA - After Audit, AC - After Completion/Closure, ACT - While Active, AE - After Expiration, AFP - After Final Payment, AP - After Approval, AR - Annual Review, AT - After Termination, C - Confidential, CM - Current Month, CY - Current Year, EL - Electronic Media, EY - Event Year, H - Historical, IND - Indefinite, LOB/LOV/LOS - Life of Board/Vehicle/System, MX - Mixed Media (PA and EL), P - Permanent, PA - Paper Media, S - After Superseded, V - Vital, +[Number] - Plus Years or Months 13-05-09 Property Management Documents Reimbursements, financial expenditures, rent receipts, general maintenance, improvements
H&ED PA CY+4 CY+4 GC 34090(d); 2 year minimum requirement.
CCP 337; Statute of Limitations of 4 years.
State of California Guidelines; Current year plus 2
years for code enforcement
13-05-10 Property Compliance Monitoring H&ED PA CY+2 CY+2 GC 34090(d); 2 year minimum requirement.
State of California Guidelines; Current year plus 2
years for code enforcement
13-06-00 Fontana Community Foundation Group
13-06-01 General Information All Depts MX AR AR Administrative Record; Review annually for relevance to a project, inclusion in an associated record series, or creation of a new record series.
Keep while current.
13-06-02 By-laws & Formation Documents CC V PA P P P GC 34090(d); 2 year minimum requirement.
State of California Guidlines; Permanent
13-06-03 Agendas & Agenda Packets CC PA ACT CY+10 CY+10 GC 34090(d); 2 year minimum requirement.
State of California Guidelines; Maintain for the Current Year plus 2 years
Administrative Decision: Maintain while active on
website for reference purposes.(ADD)*.
13-06-04 Minutes CC V, H PA P P P GC 34090e; Minutes of governing bodies, Permanent.
State of California Guidelines; Permanent
13-06-05 Capital Campaigns Includes brochures, flyers and other promotional materials for FCF programs.
H&ED PA CY+2 5 CY+7 GC 34090(d); 2 year minimum requirement.
State of California Guidelines; Current year plus 7
years for external promotional marketing, no legal
citation given
™ UFIRST trademarked by Records Control Services, Inc. 1999-2011. All rights reserved. 179
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0846 Agenda Date: 4/28/2026
Agenda #: F. Category: Consent Calendar
FROM:
Public Works
SUBJECT:
Award a Professional Services Agreement for Design Services to BFK Architects for the 16641 Orange Way Public Works East Yard Renovation Project (PW-26-158-SP).
RECOMMENDATION:
1. Award and authorize the City Manager to enter into a Professional Services Agreement with BFK Architects for the Design Services for the 16641 Orange Way Public Works East Yard Renovation Project in the amount of $318,880.00 (Request for Proposals PW-26-158-SP).
2. Approve and authorize the City Manager to enter into future individual Professional Services Agreement Amendments with BFK, not exceeding $30,000.00 for the 16641 Orange Way Public Works East Yard Renovation Project (PW-26-158-SP).
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.
DISCUSSION:
The proposed renovation of the existing facility located at 16641 Orange Way, known as the Public Works East Yard, will convert the building into a modernized fleet and facilities workshop with supporting office space. The redesigned facility is intended to accommodate 22 full-time staff, providing an expanded work area for vehicle maintenance operations and enabling future growth.
Project improvements include the development of updated office areas, a breakroom, a conference room, and a dedicated facilities wood shop. In addition, the project will incorporate significant building system upgrades, including improvements to the roofing, electrical, plumbing, and HVAC systems, to ensure functionality, safety, and long-term operational efficiency.
On March 12, 2026, the City issued a Request for Proposals (RFP) for design services from qualified architectural firms. On March 24, 2026, a total of nine (9) proposals were received from firms interested in providing design services for the project. All proposals were evaluated in accordance with City policies and procedures, with consideration given to firm and staff qualifications, project approach and scope of work, and proposed project schedule. The submitted proposals ranged in cost from $218,000 to $543,000. Based on the evaluation results, staff recommends approval of a Professional Services Agreement with BFK Architects, based on the firm’s relevant experience, available project staffing, proposed schedule, and comprehensive approach to the design of the City of Fontana Printed on 4/23/2026Page 1 of 2
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File #: 26-0846 Agenda Date: 4/28/2026
Agenda #: F. Category: Consent Calendar
project.
FISCAL IMPACT:
The Fiscal impact associated with the approval of this item is $348,880.00 for the full term of the Professional Services Agreement. The project is included in the Fiscal Year 2025-2026 Budget in project string 37300011-632-A-8130 as part of the Development Impact Fee eligible project under Government Services.
MOTION:
Approve staff recommendation
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Firm Rank
BFK 1
Gillis 2
Andresen 3
SVA 4
Ware Malcomb 5
Acton 6
Sillman 7
TR Design 8
Studio Dina 9
Bid Summary
Fleet Maintenance Facility
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April 2026
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City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0871 Agenda Date: 4/28/2026
Agenda #: G. Category: Consent Calendar
FROM:
Innovation & Technology
SUBJECT:
Authorize the Purchase of Next-Generation Firewalls to Replace End-of-Life Firewalls RECOMMENDATION:
1. Authorize the Purchasing Division to procure next-generation firewall hardware utilizing Purchasing Policy and Procedure Manual 3.1.5 Non-Competitive Proposal - Purchase by Another Agency.
2. Authorize the Purchasing Division to use the OMNIA Partners Contract #01-154 to purchase a pair of replacement firewalls from authorized reseller NowTech Solutions of Sacramento, CA, including all required licensing, maintenance, and support in the amount of $126,744.31.
COUNCIL GOALS:
· Improve public safety by increasing operational efficiency, visibility and availability. · Operate in a businesslike manner by improving services through the effective use of technology.
· 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.
DISCUSSION:
The City’s perimeter firewalls serve as the primary security barrier protecting internal technology systems by inspecting and securing all inbound and outbound network traffic across departments, including public safety, financial systems, and enterprise applications.
The existing firewall pair, installed over six years ago, is reaching end-of-life (EOL) and will soon no longer receive vendor updates, security patches, or technical support. As a result, the City will be unable to utilize modern threat protection capabilities, and the devices are limited to basic, legacy functionality. In addition, replacement parts are increasingly difficult to obtain, increasing the risk of extended outages in the event of hardware failure.
Beyond security concerns, the current firewalls cannot process network speeds above 1 Gbps. The City is actively pursuing an upgrade of its Internet connection to 5 Gbps or higher to support cloud services, digital initiatives, remote work, and system integrations. Without replacement, the existing firewalls would create a significant bottleneck, limiting the return on the City’s planned investment in City of Fontana Printed on 4/23/2026Page 1 of 2
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File #: 26-0871 Agenda Date: 4/28/2026
Agenda #: G. Category: Consent Calendar
upgraded Internet services.
To address these issues, staff recommends replacing the aging firewall pair with a modern, high- capacity solution that provides continued vendor support, advanced security capabilities, high- availability failover, and sufficient throughput to meet current and future network demands.
This replacement is a planned lifecycle upgrade that maintains existing service levels rather than expanding programs or scope. It ensures the City can continue to deliver reliable services, protect sensitive data, and support critical operations.
Failure to replace the firewalls will result in increased cybersecurity risk, reduced system performance, potential service disruptions, and higher emergency replacement costs.
FISCAL IMPACT:
The fiscal impact associated with the approval of this item is $126,744.31 and funds for this purchase are included in the Innovation and Technology Department’s Hardware Replacement Program in Project #02621003.
MOTION:
Approve staff recommendation.
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NTSQ1040
FortiGate-701G 5 Year Enterprise Protection
by forJames O'Neill
NowTech Solutions
[email protected]
2108 N St Ste N
Sacramento, CA 95816
Chris Ulreich
City of Fontana
[email protected]
8353 Sierra Ave.
8353 Sierra Ave. Fontana CA 92335
United States of America
Fontana, CA 92335
United States of America
1 of 3
213
Description Price Qty Ext. PriceManufacturer SKU Mfg
1 FG-701G FortiGate-701G 4 x 25G SFP28 slots, 4 x 10GE SFP+ slots, 16 X 1G SFP slots, 8 x 5G BASE-T RJ45 ports, 2 x RJ45 ports (Incl. HA 2.5G and MGMT 1G), SPU NP7 and
CP10 hardware accelerated, 960GB onboard SSD
storage, dual AC power supplies
Fortinet, Inc. $ 13,492.41 2 $ 26,984.82
2 FC-10-G7H1G-950-02-60 FortiGate-701G 5 Year Unified Threat Protection (UTP) (IPS, Advanced Malware Protection, Application
Control, URL, DNS & Video Filtering, Antispam Service,
and FortiCare Premium)
Fortinet, Inc. $ 48,699.16 2 $ 97,398.32
3 Omnia Partners Contract #01-154 $ 0.00 1 $ 0.00
2 of 3 214
FortiGate-701G 5 Year Enterprise Protection
Prepared by: Prepared for: Quote Information:
James O'Neill
NowTech Solutions
[email protected]
2108 N St Ste N
Sacramento, CA 95816
Chris Ulreich
City of Fontana
[email protected]
8353 Sierra Ave.
8353 Sierra Ave. Fontana CA 92335
United States of America
Fontana, CA 92335
United States of America
NTSQ1040
Delivery Date:04/02/2026
Expiration Date: 04/10/2026
Solution Subtotal $ 124,383.14
Sales Tax $ 2,361.17
Shipping $ 0.00
Total $ 126,744.31
Payment Terms NET 30
NowTech Solutions Terms and Conditions
Acceptance of this Quote is binding and the above item(s) will be purchased in reliance thereon. All sales are final. Payment Terms are Net 30.
After orders are placed, a final invoice will be provided that shall include all applicable taxes and shipping charges not included herein. This Order together with the Master Services Agreement and Service Attachments and other terms and conditions identified on Exhibit A, all of which are incorporated herein by reference (collectively, the “Agreement”) is between NowTech Solutions (sometimes referred to as “we,” “us,” “our,” or “Provider”), and the customer found on the signature block at the end of this Order (sometimes referred to as “you,” “your,” or “Client”).
This Agreement is effective as of the date both parties have signed below (the “Effective Date”). Both Provider and Client are sometimes referred to individually as a “Party”, or together as the “Parties”. Any capitalized terms in this Order not directly defined are referred to in the applicable document identified on Exhibit A of this Order. If there is a conflict between this Order, the Master Services Agreement, any Service Attachment, or Exhibit, this Order will control.
By signing or accepting this Order, Client acknowledges, represents, and warrants that it has read and agrees to the terms and conditions identified on Exhibit A to this Order which are incorporated as if fully set forth herein. The parties hereby agree that electronic signatures to this Order shall be relied upon and will bind them to the obligations stated herein.
Each party hereby warrants and represents that it has the express authority to execute this Agreement(s). This Order supersedes all prior negotiations, proposals, orders, agreements and communications between the parties regarding Provider’s Services. Provider may make changes to the Agreement at any time. If there are changes, Provider will revise the date at the top of the document. Provider may or may not provide Client with additional notice regarding such changes. Client should review the terms and conditions regularly. Unless otherwise noted, the amended terms and conditions will be effective immediately, and your continued use of the Services thereafter constitute your acceptance of the changes. If you do not agree to the amended terms and conditions, you must stop using the Services immediately. Please note, you may incur a termination fee or other third-party fees, if applicable.
Sales and Use Tax Responsibility.
Seller does not collect sales tax in jurisdictions where Seller does not have a legal obligation to do so (“non-nexus jurisdictions”). In such cases, Customer is solely responsible for determining, reporting, and remitting any applicable use tax, sales tax, excise tax, or similar transaction-based taxes imposed by state, local, or other taxing authorities. Customer agrees to indemnify and hold Seller harmless from any liability, penalties, interest, or assessments arising from Customer’s failure to remit such taxes.
You may access the current version of the terms and conditions at any time by visiting http://nowtechitsolutions.com/legal.
The parties, acting through their authorized officers, hereby execute this Agreement.
NowTech SolutionsCity of Fontana
Signature: Signature:
Name: Name:
Date: Date:
Title Title: 3 of 3
215
Region XIV Education Service Center
Thursday, December l 5t, 2022
Fortinet, Inc.
ATTN: Jerilyn Bailey
899 Kifer Road
Sunnyvale, CA 94086
Dear Jerilyn:
1850 Highway 351
Abilene, TX 79601-4750
325-675-8600
FAX 325-675-8659
Region XIV Education Service Center is happy to announce that Forti net, Inc. has been awarded an annual contract for IT Security Products and Data Protection Solutions on the proposal submitted to Region XIV ESC.
The contract is effective immediately and will expire on November 30th, 2025. The contract can then be renewed annually for an additional two years, if mutually agreed on by Region XIV ESC and Fortinet, Inc.
We look forward to a long and successful partnership underneath this contract.
If you have any questions or concerns, feel free to contact me at 325-675-8600.
Sincere~
~
Region XIV, Executive Director
216
Region XIV Education Service Center
1850 Highway 351
Abilene, TX 79601-4750
325-675-8600
FAX 325-675-8659
June 13, 2025
Mr. Felix Alvarez
Director of SLED Contracts
Fortinet, Inc.
899 Kifer Road
Sunnyvale, CA 94086
Sent via email to: [email protected]
Re: Renewal of Region 14 ESC Contract #01-154, IT Security Products and Data Protection Solutions
Dear Mr. Alvarez:
Region 14 Education Service Center is pleased to announce that it is renewing contract #01-154, IT Security Products and Data Protection Solutions for the period December 1, 2025 , through November 30, 2026, in accordance with the contract.
If you have any questions or concerns, feel free to contact me at (325) 675-7003.
Sincerely,
Emily Jeffrey
Region 14, Chief Financial Officer
Docusign Envelope ID: 79999991-8B9D-4CDF-A9AF-8EF8D288ADE1 217
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0889 Agenda Date: 4/28/2026
Agenda #: H. Category: Consent Calendar
FROM:
Innovation & Technology
SUBJECT:
Authorize the Renewal of Licensing and Maintenance for Firewall Systems RECOMMENDATION:
1. Authorize the Purchasing Division to utilize the OMNIA Partners IT Solutions, Products, and Services Contract #2024056-02 to renew licensing, maintenance, and support for the City’sPalo Alto firewall and SD-WAN systems in accordance with Purchasing Policies and Procedure Manual
3.1.5 Non-Competitive Proposal - Purchase by Another Agency.
2. Approve the purchase from SHI International in the amount of $102,925.60.
COUNCIL GOALS:
· Improve public safety by increasing operational efficiency, visibility and availability. · Operate in a businesslike manner by improving services through the effective use of technology.
· Practice sound fiscal management by living within our means while investing in the future.
DISCUSSION:
The City relies on its Palo Alto firewalls and Software Defined ‑
Wide Area Network (SD-WAN)
platforms as core components of its cybersecurity and network infrastructure. These systems provide secure connectivity between City facilities, protect internal applications and data, and support critical public safety and administrative operations.
Licensing and maintenance for these systems must be renewed annually to ensure continued access to essential security features, vendor support, software updates, and threat ‑
prevention services.
Without active licensing, the City would lose access to key protections that defend against modern cybersecurity threats and ensure reliable communication between sites. Renewal also guarantees that hardware and software remain fully supported, reducing the risk of outages and ensuring timely assistance in the event of technical issues.
This renewal represents a planned continuation of services rather than an expansion of capabilities and ensures that essential security and connectivity systems remain fully functional.
FISCAL IMPACT:
Funds are included in the Innovation & Technology Department’s FY25/26 operating budget account City of Fontana Printed on 4/23/2026Page 1 of 2
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File #: 26-0889 Agenda Date: 4/28/2026
Agenda #: H. Category: Consent Calendar
10226206
‑
8035 in the amount of $102,925.
MOTION:
Approve staff recommendation.
City of Fontana Printed on 4/23/2026Page 2 of 2
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Pricing Proposal
Quotation #: 27285916
Created On: 3/13/2026
Valid Until: 6/10/2026
CA-City of Fontana Account Executive
Chris Ulreich
8353 SIERRA AVENUE
ATTN: ACCOUNTS PAYABLE
Fontana, CA 92335
United States
Phone: 9093507658
Fax:
Email: [email protected]
Ryan Heda
SHI HQ
290 Davidson Ave
Somerset, NJ 08873
Phone: 732-850-2735
Fax:
Email: [email protected]
All Prices are in US Dollar (USD)
Product Qty Your Price Total
1 ADV THREAT PREV SUB FOR DEV IN AN HA PAIR RNWL PA-3260 Palo Alto Networks - Part#: PAN-PA-3260-ATP-HA2-R
Contract Name: OMNIA Partners IT Solutions, Products & Services Contract #: 2024056-02
Serial #: 016401009143
Coverage Term: 3/7/2026 – 3/6/2027
1 $8,765.23 $8,765.23
2 FOR US GOVERNMENT ACCOUNTS ONLY PREMIUM SUPP RENEWAL PANORAMA 25 Palo Alto Networks - Part#: PAN-SVC-PREMUSG-PRA-25-R
Contract Name: OMNIA Partners IT Solutions, Products & Services Contract #: 2024056-02
Serial #: 000702746102
Coverage Term: 3/5/2026 – 3/4/2027
1 $2,507.56 $2,507.56
3 SUB ADV URL FILT 1YR PA-3260 HA PAIR RNWL
Palo Alto Networks - Part#: PAN-PA-3260-ADVURL-HA2-R
Contract Name: OMNIA Partners IT Solutions, Products & Services Contract #: 2024056-02
Serial #: 016401009138
Coverage Term: 3/8/2026 – 3/7/2027
1 $8,765.23 $8,765.23
4 SUB ADV URL FILT 1YR PA-3260 HA PAIR RNWL
Palo Alto Networks - Part#: PAN-PA-3260-ADVURL-HA2-R
Contract Name: OMNIA Partners IT Solutions, Products & Services Contract #: 2024056-02
Serial #: 016401009143
Coverage Term: 3/8/2026 – 3/7/2027
1 $8,765.23 $8,765.23
5 FOR US GOVERNMENT ACCOUNTS ONLY PREMIUM SUPP RENEWAL PA-3260 Palo Alto Networks - Part#: PAN-SVC-PREMUSG-3260-R
Contract Name: OMNIA Partners IT Solutions, Products & Services Contract #: 2024056-02
Serial #: 016401009138
Coverage Term: 3/5/2026 – 3/4/2027
1 $9,480.51 $9,480.51
6 FOR US GOVERNMENT ACCOUNTS ONLY PREMIUM SUPP RENEWAL PA-3260 Palo Alto Networks - Part#: PAN-SVC-PREMUSG-3260-R
1 $9,480.51 $9,480.51
220
Contract Name: OMNIA Partners IT Solutions, Products & Services Contract #: 2024056-02
Serial #: 016401009143
Coverage Term: 3/5/2026 – 3/4/2027
7 SD-WAN SUB FOR DEV IN AN HA PAIR RNWL PA-3260
Palo Alto Networks - Part#: PAN-PA-3260-SDWAN-HA2-R
Contract Name: OMNIA Partners IT Solutions, Products & Services Contract #: 2024056-02
Serial #: 016401009138
Coverage Term: 3/8/2026 – 3/7/2027
1 $5,846.02 $5,846.02
8 SD-WAN SUB FOR DEV IN AN HA PAIR RNWL PA-3260
Palo Alto Networks - Part#: PAN-PA-3260-SDWAN-HA2-R
Contract Name: OMNIA Partners IT Solutions, Products & Services Contract #: 2024056-02
Serial #: 016401009143
Coverage Term: 3/8/2026 – 3/7/2027
1 $5,846.02 $5,846.02
9 ADV WILDFIRE SUB FOR DEV IN AN
Palo Alto Networks - Part#: PAN-PA-3260-AWF-HA2-R
Contract Name: OMNIA Partners IT Solutions, Products & Services Contract #: 2024056-02
Serial #: 016401009138
Coverage Term: 3/8/2026 – 3/7/2027
1 $8,765.23 $8,765.23
10 ADV WILDFIRE SUB FOR DEV IN AN
Palo Alto Networks - Part#: PAN-PA-3260-AWF-HA2-R
Contract Name: OMNIA Partners IT Solutions, Products & Services Contract #: 2024056-02
Serial #: 016401009143
Coverage Term: 3/8/2026 – 3/7/2027
1 $8,765.23 $8,765.23
11 ADV THREAT PREV SUB FOR DEV IN AN HA PAIR RNWL PA-3260 Palo Alto Networks - Part#: PAN-PA-3260-ATP-HA2-R
Contract Name: OMNIA Partners IT Solutions, Products & Services Contract #: 2024056-02
Serial #: 016401009138
Coverage Term: 3/8/2026 – 3/7/2027
1 $8,765.23 $8,765.23
12 PA-440 FOR US GOVERNMENT ACCOUNTS ONLY PREMIUM SUPP 1 YEAR Palo Alto Networks - Part#: PAN-SVC-PREMUSG-440-R
Contract Name: OMNIA Partners IT Solutions, Products & Services Contract #: 2024056-02
Serial #: 021201154327
Coverage Term: 3/5/2026 – 3/4/2027
1 $318.26 $318.26
13 PA-440 PRECISION AI NETWORK Security Subscription Renewal Palo Alto Networks - Part#: PAN-PA-440-BND-PRECISIONAI-R Contract Name: OMNIA Partners IT Solutions, Products & Services Contract #: 2024056-02
Serial #: 021201154327
Coverage Term: 3/5/2026 – 3/4/2027
1 $957.87 $957.87
14 PA-440 PREMIUM SUPP 1 YEAR (12 MONTHS) TERM RENEWAL
Palo Alto Networks - Part#: PAN-SVC-PREM-440-R
Contract Name: OMNIA Partners IT Solutions, Products & Services Contract #: 2024056-02
Serial #: 021201064818
Coverage Term: 3/5/2026 – 3/4/2027
1 $303.80 $303.80
15 PA-440 SD-WAN SUB 1YR 12MO TERM RNWL 1 $228.07 $228.07 221
Palo Alto Networks - Part#: PAN-PA-440-SDWAN-R
Contract Name: OMNIA Partners IT Solutions, Products & Services Contract #: 2024056-02
Serial #: 021201064818
Coverage Term: 3/8/2026 – 3/7/2027
16 PA-440 ADV WILDFIRE SUB 1YR 12MO TERM RNWL
Palo Alto Networks - Part#: PAN-PA-440-AWF-R
Contract Name: OMNIA Partners IT Solutions, Products & Services Contract #: 2024056-02
Serial #: 021201064818
Coverage Term: 3/8/2026 – 3/7/2027
1 $345.90 $345.90
17 PA-440 ADV URL FILT SUB 1YR 12MO TERM RNWL
Palo Alto Networks - Part#: PAN-PA-440-ADVURL-R
Contract Name: OMNIA Partners IT Solutions, Products & Services Contract #: 2024056-02
Serial #: 021201064818
Coverage Term: 3/8/2026 – 3/7/2027
1 $345.90 $345.90
18 PA-440 ADV THREAT PREV SUB 1YR 12MO TERM RNWL
Palo Alto Networks - Part#: PAN-PA-440-ATP-R
Contract Name: OMNIA Partners IT Solutions, Products & Services Contract #: 2024056-02
Serial #: 021201064818
Coverage Term: 3/8/2026 – 3/7/2027
1 $345.90 $345.90
19 PA-1410 ADVANCED WILD FIRE SUBS FOR ONE (1) DEVICE IN AN HA PAIR 1 Palo Alto Networks - Part#: PAN-PA-1410-AWF-HA2-R
Contract Name: OMNIA Partners IT Solutions, Products & Services Contract #: 2024056-02
Serial #: 026709008682
Coverage Term: 2/20/2026 – 2/19/2027
1 $2,520.89 $2,520.89
20 PA-1410 ADVANCED WILD FIRE SUBS FOR ONE (1) DEVICE IN AN HA PAIR 1 Palo Alto Networks - Part#: PAN-PA-1410-AWF-HA2-R
Contract Name: OMNIA Partners IT Solutions, Products & Services Contract #: 2024056-02
Serial #: 026709008928
Coverage Term: 2/20/2026 – 2/19/2027
1 $2,520.89 $2,520.89
21 PA-1410 ADVD THREAT FOR ONE (1) DEVICE IN AN HA PAIR 1YR TERMRNWL Palo Alto Networks - Part#: PAN-PA-1410-ATP-HA2-R
Contract Name: OMNIA Partners IT Solutions, Products & Services Contract #: 2024056-02
Serial #: 026709008682
Coverage Term: 2/20/2026 – 2/19/2027
1 $2,520.89 $2,520.89
22 PA-1410 ADVD THREAT FOR ONE (1) DEVICE IN AN HA PAIR 1YR TERMRNWL Palo Alto Networks - Part#: PAN-PA-1410-ATP-HA2-R
Contract Name: OMNIA Partners IT Solutions, Products & Services Contract #: 2024056-02
Serial #: 026709008928
Coverage Term: 2/20/2026 – 2/19/2027
1 $2,520.89 $2,520.89
23 PA-1410 PREMIUM SUPP 1 YEAR (12 MONTHS) TERM RENEWAL Palo Alto Networks - Part#: PAN-SVC-PREM-1410-R
Contract Name: OMNIA Partners IT Solutions, Products & Services Contract #: 2024056-02
Serial #: 026709008682
Coverage Term: 2/20/2026 – 2/19/2027
1 $2,122.17 $2,122.17
222
24 PA-1410 PREMIUM SUPP 1 YEAR (12 MONTHS) TERM RENEWAL Palo Alto Networks - Part#: PAN-SVC-PREM-1410-R
Contract Name: OMNIA Partners IT Solutions, Products & Services Contract #: 2024056-02
Serial #: 026709008928
Coverage Term: 2/20/2026 – 2/19/2027
1 $2,122.17 $2,122.17
Total $102,925.60
Additional Comments
Palo Alto has a no returns policy.
Thank you for choosing SHI International Corp! The pricing offered on this quote proposal is valid through the expiration date listed above. To ensure the best level of service, please provide End User Name, Phone Number, Email Address and applicable Contract Number when submitting a Purchase Order. For any additional information including Hardware, Software and Services Contracts, please contact an SHI Inside Sales Representative at (888) 744-4084. SHI International Corp. is 100% Minority Owned, Woman Owned Business. TAX ID# 22-3009648; DUNS# 61-1429481; CCR# 61-243957G; CAGE 1HTF0 The products offered under this proposal are resold in accordance with the terms and conditions of the Contract referenced under that applicable line item.
223
Version May 13, 2024
Information Technology Solutions, Products and Services Executive Summary
Lead Agency: City of Mesa Solicitation: 2024056
RFP Issued: November 16, 2023 Pre-Proposal Date: November 30, 2023 Response Due Date: December 19, 2023 Proposals Received: 11 Awarded to: SHI International and CDW Government
The City of Mesa Department of Procurement issued RFP# 2024056 on November 16, 2023 to establish a national cooperative contract for Information Technology Solutions, Products and Services.
The solicitation included cooperative purchasing language in Scope of Work, Section 6:
OMNIA PARTNERS CONTRACT REQUIREMENTS. The City of Mesa, as the Principal Procurement Agency, defined in ATTACHMENT E, has partnered with OMNIA Partners, Public Sector (“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 nat ionally, 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. The City of Mesa is 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 “Partici pating 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 i s attached hereto on ATTACHMENT E, or as otherwise agreed to.
ATTACHMENT E 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:
• City of Mesa website
• OMNIA Partners website
• USA Today, nationwide
• 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
224
Version May 13, 2024
On December 19, 2023, proposals were received from the following offerors:
• Aspire HR
• Axelliant
• Carahsoft
• CDW Government
• Conquest Technology
• DiscountCell
• Free Alliance
• Quality Assurance
• SHI International
• World Wide Technology
• Zones
The proposals were evaluated by an evaluation committee. Using the evaluation criteria established in the RFP, the committee elected to enter into negotiations with CDW Government LLC and SHI International and proceeding with contract award(s) upon successful completion of negotiations.
Geographic Preferences: No geographic preferences were included in the evaluation of the responses.
The City of Mesa, OMNIA Partners and the following offerors successfully negotiated a contract: CDW Government and SHI International. The City of Mesa executed the agreements, each with a contract effective date of July 2, 2024.
Diversity Certifications: SHI is the largest minority woman owned business (MWBE) in the United States
The suppliers provided federal funds certifications which are available on the OMNIA Partners website for review.
Term:
Initial four-year agreement from July 2, 2024 through July 1, 2028 with the option to renew for three (3) additional two-year periods through July 1, 2034.
Pricing/Discount:
SHI pricing based on a discount off SHI Advertised Price list by category.
CDW-G pricing based on discount off CDW-G Nationally Advertised Pricing (NAP) for all products. The percentages represent the minimum discounts for participating agencies.
225
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0897 Agenda Date: 4/28/2026
Agenda #: I. Category: Consent Calendar
FROM:
Engineering
SUBJECT:
Resolution of the City Council of the City of Fontana, California Approving a Purchase and Sale Agreement Between the City of Fontana and SA Golden Investments, Inc. for Assessor’sParcel Numbers 0228-151-62-0000 and 0228-151-66-0000
RECOMMENDATION:
1. Adopt Resolution No. 2026-028, approving a Purchase and Sale Agreement between the City of Fontana and SA Golden Investments, Inc. for Assessor’sParcel Numbers 0228-151-62- 0000 and 0228-151-66-0000.
2. Authorize the City Manager to sign any documents necessary or appropriate to approve and enter into a Purchase and Sale Agreement.
COUNCIL GOALS:
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
DISCUSSION:
This staff report pertains to 458.38 square feet of City-owned land on the east side of Lieutenant Corporal Fernando Temayo Drive, located west of Citrus Avenue. The land includes two separate pieces of land, as shown in Exhibit B of the previously approved Resolution 2025-107 (Declaration of Surplus Land). The first area contains 22.78 square feet, and the second area contains 435.6 square feet. The two pieces of land are adjacent to Assessor Parcel Number 0228-151-02-0000 and make up the remnant portions of property set aside through Final Tract Map 17389 that was previously dedicated in fee to the City for landscape and maintenance purposes. The City no longer needs these two pieces of land for landscape and maintenance purposes and they have already been declared exempt surplus land per approved Resolution No. 2025-107. The Buyer previously made an unsolicited offer to purchase this currently vacant and undeveloped exempt surplus property for $2,500.00 based on an Appraisal attached to this report.
The City of Fontana (“City”)has negotiated a Purchase and Sale Agreement (“PSA”)with SA Golden Investments, Inc. (“Buyer”)regarding the purchase and sale of certain real property identified as Assessor’sParcel Numbers 0228-151-62-0000 and 0228-151-66-0000 (“Property”).The City desires to sell the Property to Buyer under the terms set forth in the PSA.
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File #: 26-0897 Agenda Date: 4/28/2026
Agenda #: I. Category: Consent Calendar
Staff has reviewed the terms and conditions of the PSA and determined that the agreement is fair, reasonable, and in the best interests of the City and the public. City will pay an amount, not to exceed, the appraised value of the properties towards the combined total cost and expenses incurred in the escrow transaction. Buyer agrees to pay all other costs of escrow which exceed the appraised value of the properties. Staff recommends approval of the PSA to allow the sale of the Property to proceed in accordance with the negotiated terms.
FISCAL IMPACT:
The appraised value of the properties, $2,500.00, would result in revenue to the City of Fontana. The City will contribute, up to, the appraised value of the properties towards costs and expenses during the escrow transaction. Buyer shall pay all other costs of escrow which will result in no fiscal impact to the City.
MOTION:
Approve staff recommendation.
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RESOLUTION NO. 2026-028
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,
CALIFORNIA, APPROVING A PURCHASE AND SALE AGREEMENT
BETWEEN THE CITY OF FONTANA AND SA GOLDEN INVESTMENTS
FOR ASSESSOR’S PARCEL NUMBERS 0228-151-62-0000 & 0228-151- 66-0000.
WHEREAS, the City of Fontana (“City”), has negotiated a Purchase and Sale Agreement (“PSA”) with SA Golden Investments (“Buyer”) regarding the purchase and sale of certain real property and related rights and interests for Assessor’s Parcel Numbers 0228-151-62-0000 & 0228-151-66-0000 (“Property”); and WHEREAS, City desires to sell the Property to Buyer upon the terms and conditions set forth in the PSA; and
WHEREAS, the City has determined that the terms and conditions of the PSA are fair, reasonable and in the best interests of the parties.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, California, as follows:
Section 1. Recitals. The above recitals are true, correct and by this reference incorporated herein.
Section 2. CEQA. The City Council finds that the sale of the subject property is for the purpose of constructing a single -family residence and therefore the whole of the project, which includes the construction of the single -family residence, is categorically exempt from further environmental review pursuant to CEQA Guidelines § 15303 (New Construction or Conversion of Small Structures). The City Council further finds that none of the exceptions set forth in CEQA Guidelines § 15300.2 apply to the project.
Section 3. Approvals. The City Council of the City of Fontana hereby approves the PSA and authorizes the City Manager to execute the PSA, and all related documents, and to take any actions deemed necessary or appropriate to carry out the intent of the foregoing PSA and to consummate the transactions contemplated by the PSA.
Section 4. Effective Date. This Resolution shall be effective immediately upon its adoption.
Section 5. 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 e ffect 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. 228
Resolution No. 2026-028
2 of 2
Section 6. Certification. The City Clerk shall certify the adoption of this Resolution.
Section 7. 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 16860 Valencia Avenue, Fontana, CA 92335. The custodian of records is the City Clerk.
APPROVED AND ADOPTED this 28th day of April 2026.
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 28th day of April 2026, 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
229
RESOLUTION NO. 2025-107
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,
CALIFORNIA DECLARING PURSUANT TO GOVERNMENT CODE
SECTION 54221 THAT REAL PROPERTY OWNED BY THE CITY OF
FONTANA LOCATED AS SHOWN ON THE ATTACHED LEGAL
DESCRIPTION IS EXEMPT SURPLUS LAND FOR PURPOSES STATED
HEREIN AND FINDING THAT SUCH DECLARATION AND
AUTHORIZATION IS EXEMPT FROM ENVIRONMENTAL REVIEW
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
WHEREAS, the City of Fontana ( the “City” ) is the owner of that certain real property, which consists of approximately 458.38 square feet, and is more particularly described in Exhibit “A” and depicted in Exhibit “B” attached hereto and incorporated herein by this reference (the “Property”); and
WHEREAS, the Property is less than one half acre in area, or 21,780 square feet, and it is not contiguous to land owned by a state or local agency that is used for open- space or low- and moderate-income housing purposes; and WHEREAS, the City no longer has any use for the Property; and WHEREAS, the Surplus Land Act, Government Code, section 54220 et seq. (as amended, the “Act”), applies when a local agency disposes of “surplus land,” as that term is defined in Government Code, section 54221; and
WHEREAS, the Property is “surplus land” under the Act, because it is land owned in fee simple by the City for which the City Council will take formal action (in the form of adoption of this resolution) in a regular public meeting declaring that the land is surplus and is not necessary for the City’s use; and
WHEREAS, the Property may be declared exempt surplus land if it is less than one-half acre in area and it is not contiguous to state or local agency property used for open-space or low - or moderate- income housing (Government Code , section 54221(f)(1)(B)); and
WHEREAS, the Property does not meet any of the criteria listed in Government Code section 54221(f)(2).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, California, as follows:
Section 1. The above recitals are true and correct and are a substantive part of this Resolution.
Section 2. The City Council hereby finds that (i) the Property is no longer necessary for the City’s use, and (ii) the Property is smaller than one- half acre in area Docusign Envelope ID: 40B1E350-E557-48C3-9C78-FC5EB69A0986 230
Resolution No. 2025-107
because it is a total of 458.38 square feet, and it is not contiguous to state or local agency property used for open-space or low- or moderate-income housing.
Section 3. The City Council therefore declares that the Property is exempt surplus land pursuant to section 54221(f)(1)(B) of the Act.
Section 4. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code, Section 21000 et seq.) (“CEQA”). Agency staff has determined that the designation of this property as exempt surplus does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3), because it is not a project as defined by the CEQA Guidelines, Section 15378. Adoption of the Resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
Section 5.
If any section, subsection, paragraph, sentence, clause or phrase of this Resolution is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Resolution.
Section 6. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 9
th day of December, 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 9 th day of
December, 2025, by the following vote to wit:
AYES: Mayor Warren, Mayor Pro Tem Garcia, Council Members Cothran, Roberts and Sandoval
NOES: None
ABSENT: None
ABSTAIN: None
Docusign Envelope ID: 40B1E350-E557-48C3-9C78-FC5EB69A0986 231
Resolution No. 2025-107
____________________________
City Clerk of the City of Fontana
_____________________________
Mayor of the City of Fontana
ATTEST:
_____________________________
City Clerk
Docusign Envelope ID: 40B1E350-E557-48C3-9C78-FC5EB69A0986 232
Docusign Envelope ID: 40B1E350-E557-48C3-9C78-FC5EB69A0986 233
Docusign Envelope ID: 40B1E350-E557-48C3-9C78-FC5EB69A0986 234
Certificate Of Completion
Envelope Id: 40B1E350-E557-48C3-9C78-FC5EB69A0986 Status: Completed Subject: Please Sign Resolution 2025-107
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8353 Sierra Avenue
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239
City of Fontana, California
Vicinity Map
Not to Scale
LocaƟon Map
240
SO CAL APPRAISALS
S & S Appraisal Services Inc.
15785 Rock Point Ln
Fontana, CA 92336-4576
(714) 936-9243
(888) 389-7965
Zozo Communities, Inc
0228-151-62-0000
11/10/2025
0228-151-62-0000
0228-151-66-0000
Zozo Communities, Inc (Client)
Zozo Communities, Inc
Zozo Communities, Inc (Client
0 LCPL Fernando Tamayo
Fontana
San Bernardino
CA
92336
Tract 17389 Lot E Book 335 Page 70 For Landscape And Maintenance Purposes Only 400.00
400.00
400.00
400
0.00 Form NIV5D - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE FROM:
Telephone Number: Fax Number:
TO:
E-Mail:
Telephone Number: Fax Number:
Alternate Number:
INVOICE
INVOICE NUMBER
DATES
Invoice Date:
Due Date:
REFERENCE
Internal Order #:
Lender Case #:
Client File #:
FHA/VA Case #:
Main File # on form:
Other File # on form:
Federal Tax ID:
Employer ID:
DESCRIPTION
Lender: Client:
Purchaser/Borrower:
Property Address:
City:
County: State: Zip:
Legal Description:
FEES AMOUNT
SUBTOTAL
PAYMENTS AMOUNT
Check #: Date: Description:
Date:Check #: Description:
Check #: Date: Description:
SUBTOTAL
TOTAL DUE $
241
APPRAISAL OF REAL PROPERTY
0 LCPL Fernando Tamayo
Fontana, CA 92336
Tract 17389 Lot E Book 335 Page 70 For Landscape And Maintenance Purposes Only Zozo Communities, Inc
2,500
11/08/2025
Kirk Smith
S & S Appraisal Services Inc
15785 Rock Point Ln
Fontana, CA 92336-4576
714-936-9243
[email protected]
Form GA6V_LT - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE
LOCATED AT
FOR
OPINION OF VALUE
AS OF
BY
242
SO CAL APPRAISALS
0228-151-66-0000
0228-151-62-0000
LAND APPRAISAL SUMMARY REPORT
0 LCPL Fernando Tamayo
Fontana
CA
92336
San Bernardino
Tract 17389 Lot E Book 335 Page 70 For Landscape And Maintenance Purposes Only
0228-151-62 & 66-0000
2024
0 0
San Bernardino
40140
0023.10
City Of Fontana
Zozo Communities, Inc (Client
0 *Market Value*
Zozo Communities, Inc & The City Of Fontana
Zozo Communities, Inc
N/A
Kirk Smith
15785 Rock Point Ln, Fontana, CA 92336-4576
95 5
N/A
One-Unit Housing
480
2,600
850
0 79
11 N/A
70 5
10 10
Vacant Lnd
5 N/A
0 Residential
Redfin Indicates The Medium Price In The Subjects Neighborhood Has Decreased Only 0.056% In The Past 12 Months To $701,000
Indicating A Stable Market
,With Market Trends Over The Past 90 Days Also Showings Signs Of Stabilization With An Absorption Rate Of 15.5.
See plat Map
480
Sq.Ft.
Single Family (R-1)
Landscape And Maintenance Purposes Only
Landscape And Maintenance Purposes Only/Single Family
0 0
N/A
Landscape And Maintenance To Residential
Landscape And Maintenance
Landscape And Maintenance
Based On The Current Zoning And Neighborhood Characteristics, The Highest And Best Use Of The Subject Property Would Be Its Current Use. The Reasonably Probable And Legal Use Of Property, That Is Physically Possible, Appropriately Supported, And Financially Feasible, And That Results In The Highest t Value. (Residential) Unknown
Unknown
Unknown
Unknown
Unknown
Unknown
Unknown
Asphalt
40 feet
Asphalt
Concrete
Concrete
Led
None
N/A
Level
Inadequate
Irregular
Adequate
Residential
Access
Paved Road
N/A
N/A
X
06071C7915H
8/28/2008
The Subject Lots Area Unusable Asis And Is Basically Used For Landscaping And Maintenance Purposes On LCPL Fernando Tamayo. The Lot Consist Of A 44 sf area To The North West And A 436 sf To The South West.
Form GPLND - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE File No.:
SU B JEC T
Property Address: City: State: Zip Code:
County: Legal Description:
Assessor's Parcel #: Tax Year: R.E. Taxes: $ Special Assessments: $ Market Area Name: Map Reference: Census Tract:
Current Owner of Record: Borrower (if applicable):
Project Type (if applicable): PUD De Minimis PUD Other (describe) HOA: $ per year per month Are there any existing improvements to the property? No Yes If Yes, indicate current occupancy: Owner Tenant Vacant Not habitable If Yes, give a brief description:ASSIG N M EN T
The purpose of this appraisal is to develop an opinion of: Market Value (as defined), or other type of value (describe) This report reflects the following value (if not Current, see comments): Current (the Inspection Date is the Effective Date) Retrospective Prospective Property Rights Appraised: Fee Simple Leasehold Leased Fee Other (describe) Intended Use:
Intended User(s) (by name or type):
Client: Address:
Appraiser: Address:
M AR K ET AR EA D ESC R IPTIO N
Characteristics
Location: Urban Suburban Rural
Built up: Over 75% 25-75% Under 25%
Growth rate: Rapid Stable Slow
Property values: Increasing Stable Declining
Demand/supply: Shortage In Balance Over Supply
Marketing time: Under 3 Mos. 3-6 Mos. Over 6 Mos.
Predominant
Occupancy
Owner
Tenant
Vacant (0-5%)
Vacant (>5%)
PRICE
$(000)
Low
High
Pred
AGE
(yrs)
Present Land Use
One-Unit %
2-4 Unit %
Multi-Unit %
Comm'l %
%
%
Change in Land Use
Not Likely
Likely * In Process *
* To:
Factors Affecting Marketability
Good Average Fair Poor N/AItem
Employment Stability
Convenience to Employment
Convenience to Shopping
Convenience to Schools
Adequacy of Public Transportation
Recreational Facilities
Item
Good Average Fair Poor N/A
Adequacy of Utilities
Property Compatibility
Protection from Detrimental Conditions
Police and Fire Protection
General Appearance of Properties
Appeal to Market
Market Area Comments:SITE D ESC R IPTIO N
Dimensions: Site Area:
Zoning Classification:
Description:
Do present improvements comply with existing zoning requirements? Yes No No Improvements Uses allowed under current zoning:
Are CC&Rs applicable? Yes No Unknown Have the documents been reviewed? Yes No Ground Rent (if applicable) $ /
Comments:
Highest & Best Use as improved: Present use, or Other use (explain) Actual Use as of Effective Date:
Use as appraised in this report:
Summary of Highest & Best Use:
Utilities Public Other Provider/Description
Off-site Improvements Type Public Private
Electricity
Gas
Water
Sanitary Sewer
Storm Sewer
Telephone
Multimedia
Street
Width
Surface
Curb/Gutter
Sidewalk
Street Lights
Alley
Frontage
Topography
Size
Shape
Drainage
View
Other site elements: Inside Lot Corner Lot Cul de Sac Underground Utilities Other (describe) FEMA Spec'l Flood Hazard Area Yes No FEMA Flood Zone FEMA Map # FEMA Map Date Site Comments:
Copyright© 2007 by a la mode, inc. This form may be reproduced unmodified without written permission, however, a la mode, inc. must be acknowledged and credited. 3/2007
243
0228-151-66-0000
0228-151-62-0000
LAND APPRAISAL SUMMARY REPORT
Realist/Title
N/A
N/A
N/A
N/A
N/A
Realist/Title
Assessors Records Indicate The Subject
Has Not Transferred Within The Past 36 Months. No Transfer Within The Past 36 Months For All Comparables.
0 Lcpl Fernando Tamayo
Fontana, CA 92336
N/A
Sq.Ft.
N/A
Realist/Title
Inspection
ArmLth
N/A
N/A
Fee Simple
Residential
480
(in Sq.Ft.)
Utilities
Street
Apn #
0228-151-62 & 66
Zoning
R-1
Buildable Area
None
0 Vic Bullock Rd
Fontana, CA 92336
3.34 miles NW
7,000
4.95 Crmls #SR25160296
Doc #248948
ArmLth
Cash;700
10/15/2025
Fee Simple
Residential
1,414
-1,000
Street
0226-331-14-0000
SP
1414 sf
-3,500
-4,500
2,500
17095 Cambria Ave
Fontana, CA 92336
1.34 miles E
235,000
36.72 Crmls #PW22185810
Doc #146887
ArmLth
Cash;0
06/14/2023
Fee Simple
Residential
6,400
-5,920
Street
0240-351-18-0000
SP
6,400 sf
-117,500
-123,420
111,580
17085 Cambria Ave
Fontana, CA 92336
1.33 miles E
215,000
41.11 Crmls #PW22185798
Doc #146885
ArmLth
Cash;0
06/14/2023
Fee Simple
Residential
5,230
-4,750
Street
0240-351-19-0000
SP
5,230 sf
-107,500
-112,250
102,750
Adjusted Sale Price (in $)
+(-) $ Adjust
+(-) $ Adjust
+(-) $ Adjust
Comparables Are The Most Recent Sales In Close Proximity. The Comps Used Were The Most Competitive Comparables Available Similar To The Subject In Size And Location At The Time Of The Appraisal. Adjustments Made As Follows: Buildable Area Depreciated Value Of 50% Due To Asis Use, Lot Size $1.00, Adjustments Derived Via Paired Sales Analysis And Adjustments Rounded To The Nearest Thousand. Based On The Comparable Above The Subjects Lot Has A Value Range Of $1.76 To $19.64, The Most Weight And Consideration Given The Comp #1 The Most Similar Type Of Land Sale $2,500.00 Or $5.21 X 480 =2,500 (Rounded).
2,500
Market Data Approach Best Reflects The Actions Of Buyers And Sellers In The Market. The Income & Cost Approach Was Not Completed For Vacant Land.
2,500
11/08/2025
15 Scope of Work
Limiting cond./Certifications
Narrative Addendum
Location Map(s)
Flood Addendum
Additional Sales
Photo Addenda
Parcel Map
Hypothetical Conditions
Extraordinary Assumptions
Zozo Communities, Inc
Zozo Communities, Inc
[email protected]
N/A
Kirk Smith
S & S Appraisal Services Inc
714-936-9243
888-389-7965
[email protected]
11/10/2025
AR040274
CA
SCREA
05/11/2026
11/08/2025
Form GPLND - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE File No.:
TR AN SFER H ISTO RY
My research did did not reveal any prior sales or transfers of the subject property for the three years prior to the effective date of this appraisal.
Data Source(s):
1st Prior Subject Sale/Transfer
Date:
Price:
Source(s):
2nd Prior Subject Sale/Transfer
Date:
Price:
Source(s):
Analysis of sale/transfer history and/or any current agreement of sale/listing:
SALES C O M PAR ISO N APPR O AC H
FEATURE SUBJECT PROPERTY COMPARABLE NO. 1 COMPARABLE NO. 2 COMPARABLE NO. 3 Address
Proximity to Subject
Sale Price $ $ $ $
Price/ $ $ $ $
Data Source(s)
Verification Source(s)
VALUE ADJUSTMENT DESCRIPTION DESCRIPTION DESCRIPTION DESCRIPTION Sales or Financing
Concessions
Date of Sale/Time
Rights Appraised
Location
Site Area
Net Adjustment (Total, in $) + + +$
$
– – –$
$
$
$
Summary of Sales Comparison ApproachPU D
PROJECT INFORMATION FOR PUDs (if applicable) The Subject is part of a Planned Unit Development.
Legal Name of Project:
Describe common elements and recreational facilities:R EC O N C ILIATIO N Indicated Value by: Sales Comparison Approach $
Final Reconciliation
This appraisal is made ''as is'', or subject to the following conditions:
This report is also subject to other Hypothetical Conditions and/or Extraordinary Assumptions as specified in the attached addenda.
Based upon an inspection of the subject property, defined Scope of Work, Statement of Assumptions and Limiting Conditions, and Appraiser’s Certifications, my (our) Opinion of the Market Value (or other specified value type), as defined herein, of the real property that is the subject of this report is:
$ , as of: , which is the effective date of this appraisal.
If indicated above, this Opinion of Value is subject to Hypothetical Conditions and/or Extraordinary Assumptions included in this report. See attached addenda.
ATTAC H .
A true and complete copy of this report contains
pages, including exhibits which are considered an integral part of the report. This appraisal report may not be properly understood without reference to the information contained in the complete report, which contains the following attached exhibits:
SIG N ATU R ES
Client Contact:
Client Name:
E-Mail: Address:
APPRAISER
Appraiser Name:
Company:
Phone:
Fax:
E-Mail:
Date of Report (Signature):
License or Certification #:
State:
Designation:
Expiration Date of License or Certification:
Inspection of Subject: Did Inspect Did Not Inspect (Desktop) Date of Inspection:
SUPERVISORY APPRAISER (if required)
or CO-APPRAISER (if applicable)
Supervisory or
Co-Appraiser Name:
Company:
Phone:
Fax:
E-Mail:
Date of Report (Signature):
License or Certification #:
State:
Designation:
Expiration Date of License or Certification:
Inspection of Subject: Did Inspect Did Not Inspect
Date of Inspection:
Copyright© 2007 by a la mode, inc. This form may be reproduced unmodified without written permission, however, a la mode, inc. must be acknowledged and credited. 3/2007
244
0228-151-66-0000
0228-151-62-0000
Assumptions, Limiting Conditions & Scope of Work
0 LCPL Fernando Tamayo
Fontana
CA
92336
Zozo Communities, Inc
N/A
Kirk Smith
15785 Rock Point Ln, Fontana, CA 92336-4576
STATEMENT OF ASSUMPTIONS & LIMITING CONDITIONS
- The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it. The appraiser assumes that the title is good and marketable and, therefore, will not render any opinions about the title. The property is appraised on the basis of it being under responsible ownership.
- The appraiser may have provided a plat and/or parcel map in the appraisal report to assist the reader in visualizing the lot size, shape, and/or orientation. The appraiser has not made a survey of the subject property. - If so indicated, the appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area.
Because
the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. - The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand.
- The appraiser has noted in the appraisal report any adverse conditions (including, but not limited to, the presence of hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property, or that he or she became aware of during the normal research involved
in performing the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property, or adverse environmental conditions (including, but not limited to, the presence of hazardous wastes, toxic substances, etc.) that would make the property more or less valuable, and has assumed that there are no such conditions and makes no guarantees or
warranties, express or implied, regarding the condition of the property. The appraiser will not be responsible for any such conditions that do exist
or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment of the property. - The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such items that were furnished by other parties.
- The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice, and any applicable federal, state or local laws. - An appraiser's client is the party (or parties) who engage an appraiser in a specific assignment. Any other party acquiring this report from the client does not become a party to the appraiser-client relationship. Any persons receiving this appraisal report because of disclosure requirements
applicable to the appraiser's client do not become intended users of this report unless specifically identified by the client at the time of the assignment.
- The appraiser's written consent and approval must be obtained before this appraisal report can be conveyed by anyone to the public, through advertising, public relations, news, sales, or by means of any other media, or by its inclusion in a private or public database. Possession of this
report or any copy thereof does not carry with it the right of publication. - Forecasts of effective demand for the highest and best use or the best fitting and most appropriate use were based on the best available data concerning the market and are subject to conditions of economic uncertainty about the future.
The Scope of Work is the type and extent of research and analyses performed in an appraisal assignment that is required to produce credible assignment results, given the nature of the appraisal problem, the specific requirements of the intended user(s) and the intended use of the appraisal report. Reliance upon this report, regardless of how acquired, by any party or for any use, other than those specified in this report by
the Appraiser, is prohibited. The Opinion of Value that is the conclusion of this report is credible only within the context of the Scope of Work, Effective Date, the Date of Report, the Intended User(s), the Intended Use, the stated Assumptions and Limiting Conditions, any Hypothetical Conditions and/or Extraordinary Assumptions, and the Type of Value, as defined herein. The appraiser, appraisal firm, and related parties
assume no obligation, liability, or accountability, and will not be responsible for any unauthorized use of this report or its conclusions.
Additional Comments (Scope of Work, Extraordinary Assumptions, Hypothetical Conditions, etc.):
Form GPLNDAD - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE File No.:
Property Address: City: State: Zip Code:
Client: Address:
Appraiser: Address:
Copyright© 2007 by a la mode, inc. This form may be reproduced unmodified without written permission, however, a la mode, inc. must be acknowledged and credited. 3/2007
245
0228-151-66-0000
0228-151-62-0000
Certifications & Definitions
0 LCPL Fernando Tamayo
Fontana
CA
92336
Zozo Communities, Inc
N/A
Kirk Smith
15785 Rock Point Ln, Fontana, CA 92336-4576
APPRAISER'S CERTIFICATION
I certify that, to the best of my knowledge and belief:
- The statements of fact contained in this report are true and correct. - The credibility of this report, for the stated use by the stated user(s), of the reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions.
- I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved.
- I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. - My engagement in this assignment was not contingent upon developing or reporting predetermined results. - My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. - My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice that were in effect at the time this report was prepared. - I did not base, either partially or completely, my analysis and/or the opinion of value in the appraisal report on the race, color, religion, sex, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property, or of the present owners or occupants of the properties in the vicinity of the subject property. - Unless otherwise indicated, I have made a personal inspection of the property that is the subject of this report. - Unless otherwise indicated, no one provided significant real property appraisal assistance to the person(s) signing this certification.
Additional Certifications:
DEFINITION OF MARKET VALUE *:
Market value means the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus.
Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:
1. Buyer and seller are typically motivated;
2. Both parties are well informed or well advised and acting in what they consider their own best interests;
3. A reasonable time is allowed for exposure in the open market;
4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and
5. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.
*
This definition is from regulations published by federal regulatory agencies pursuant to Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) of 1989 between July 5, 1990, and August 24, 1990, by the Federal Reserve System (FRS), National Credit Union Administration (NCUA), Federal Deposit Insurance Corporation (FDIC), the Office of Thrift Supervision (OTS), and the Office of Comptroller of the Currency (OCC). This definition is also referenced in regulations jointly published by the OCC, OTS, FRS, and FDIC on June 7, 1994, and in the Interagency Appraisal and Evaluation Guidelines, dated October 27, 1994.
Zozo Communities, Inc
Zozo Communities, Inc
[email protected]
N/A
Kirk Smith
S & S Appraisal Services Inc
714-936-9243
888-389-7965
[email protected]
11/10/2025
AR040274
CA
SCREA
05/11/2026
11/08/2025
Form GPLNDAD - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE File No.:
Property Address: City: State: Zip Code:
Client: Address:
Appraiser: Address:
SIG N ATU R ES
Client Contact:
Client Name:
E-Mail: Address:
APPRAISER
Appraiser Name:
Company:
Phone:
Fax:
E-Mail:
Date Report Signed:
License or Certification #:
State:
Designation:
Expiration Date of License or Certification:
Inspection of Subject: Did Inspect Did Not Inspect (Desktop) Date of Inspection:
SUPERVISORY APPRAISER (if required)
or CO-APPRAISER (if applicable)
Supervisory or
Co-Appraiser Name:
Company:
Phone:
Fax:
E-Mail:
Date Report Signed:
License or Certification #:
State:
Designation:
Expiration Date of License or Certification:
Inspection of Subject: Did Inspect Did Not Inspect
Date of Inspection:
Copyright© 2007 by a la mode, inc. This form may be reproduced unmodified without written permission, however, a la mode, inc. must be acknowledged and credited. 3/2007
246
Market Data
Form SCNLGL - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE 247
Form PIC3X5.TR - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Subject Photo Page
Zozo Communities, Inc (Client
0 LCPL Fernando Tamayo
Fontana
San Bernardino
CA
92336
Zozo Communities, Inc (Client)
Subject Front
0 Lcpl Fernando Tamayo
Subject Rear
Subject Street
Borrower
Lender/Client
Property Address
City County State Zip Code
248
Form PIC3X5.BC - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Comparable Photo Page
Zozo Communities, Inc (Client
0 LCPL Fernando Tamayo
Fontana
San Bernardino
CA
92336
Zozo Communities, Inc (Client)
Comparable
1 0 Vic Bullock Rd
Comparable
2 17095 Cambria Ave
Comparable
3 17085 Cambria Ave
Borrower
Lender/Client
Property Address
City County State Zip Code
249
Form MAP.LOC - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Aerial Map
Zozo Communities, Inc (Client
0 LCPL Fernando Tamayo
Fontana
San Bernardino
CA
92336
Zozo Communities, Inc (Client)
Borrower
Lender/Client
Property Address
City County State Zip Code
250
Form MAP.LOC - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Location Map
Zozo Communities, Inc (Client
0 LCPL Fernando Tamayo
Fontana
San Bernardino
CA
92336
Zozo Communities, Inc (Client)
Borrower
Lender/Client
Property Address
City County State Zip Code
251
Profile
Form SCNLGL - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE 252
Profile 2
Form SCNLGL - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE 253
Form MAP.PLAT - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE Plat Map
Zozo Communities, Inc (Client
0 LCPL Fernando Tamayo
Fontana
San Bernardino
CA
92336
Zozo Communities, Inc (Client)
Borrower
Lender/Client
Property Address
City County State Zip Code
254
Appraisers License
Form SCNLGL - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE 255
E & O Insurance
Form SCNLGL - "TOTAL" appraisal software by a la mode, inc. - 1-800-ALAMODE 256
16498.00000\44526788.1
PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS
THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW
INSTRUCTIONS (this “Agreement”) is made and entered into as of ______________, 2026 for reference purposes only , by and between CITY OF FONTANA, a California municipal corporation (“Seller”), and SA GOLDEN INVESTMENTS, INC., a California corporation (“Buyer”). The date upon which both Buyer and Seller have executed this Agreement and delivered the same to one another, shall hereinafter be referred to as the “Effective Date.” IN CONSIDERATION of the respective agreements hereinafter set forth, Seller and Buyer hereby agree as follows:
1. Background. Seller is the owner of the Property, as defined below, and has declared the Property exempt surplus land under the Surplus Land Act, Government Code section 54220 , et seq., as detailed in Resolution No. 2025-107, approved and adopted as of December 9, 2025.
2. Purchase and Sale of Property. Seller hereby agrees to sell “AS-IS” and convey to Buyer, and Buyer hereby agrees to purchase from Seller, subject to the terms and conditions set forth herein, the following (collectively, the “Property”):
(a) Land. That certain unimproved real property located at 0 LCPL Fernando Tamayo, in the City of Fontana, County of San Bernardino, State of California, commonly referred to as Assessor's Parcel Numbers 0228-151-62-0000 & 0228-151-66-0000, all as more fully described in Exhibit A (the “Land”), together with all rights, privileges, easements or appurtenances to or affecting the Land (collectively, the “Appurtenances”). (b) Intangible Personal Property. All of Seller's right, title and interest, if any, without warranty, in all intangible perso nal property related to the Real Property and the Improvements, including, without limitation, all to the extent assignable: the plans and specifications and other architectural and engineering drawings for the improvements, if any; warranties, if any; co ntract rights related to the construction, operation or management of the Property, if any (collectively, the “Service Contracts”) (but Seller's right, title and interest therein shall only be assigned to the extent Seller's obligations thereunder are expressly assumed by Buyer pursuant to this Agreement); and governmental permits, approvals and licenses, if any (collectively, the “Intangible Personal Property”).
3. Purchase Price.
(a) The purchase price for the Property ( “Purchase Price ”) shall be TWO THOUSAND FIVE HUNDRED Dollars ($2,500.00).
(b) The Purchase Price shall be paid as follows:
(i) Within three (3) days following the Effective Date, Seller and Buyer shall open an escrow in connection herewith ( “Escrow”) at ________________________ (“Escrow Holder ”), and Buyer shall deposit into Escrow the amount of Two Hundred Fifty Dollars ($250.00) (“Initial Deposit”) in cash or other immediately available funds. 257
16498.00000\44526788.1
2 (ii) The Initial Deposit shall be held by Escrow Holder in an interest - bearing account for the benefit of Buyer in accordance with this Agreement. Notwithstanding anything herein to the contrary, One Hundred Dollars ($100.00) of the Initial Deposit (the “Independent Consideration”) shall not be refundable to Buyer, but shall represent consideration for this A greement and shall be paid to Seller. The Independent Consideration shall be paid to Seller within 3 days of the Effective Date. 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. (iii) The Deposit (less the Independent Consideration) are referred to herein from time to time as the “Earnest Money.” The Earnest Money shall be held by Escrow Holder in an interest-bearing account for the benefit of Buyer in accordance with this Agreement. (iv) If the Closing (as defined herein) as contemplated hereunder should occur, then the Earnest Money will be paid by the Escrow Holder to Seller at the Closing, and the Earnest Money and any interest accrued thereon will be credited against the Purchase Price payable by Buyer to Seller at the Closing.
(v) If this Agreement is not terminated prior to the expiration of the Feasibility Period, the Earnest Money and any interest accrued thereon shall be nonrefundable to Buyer, except that if this Agreement is terminated prior to the Closing due to Seller's default or the failure of any of the Conditions Precedent (as defined herein) or as expressly set forth herein, then the Earnest Money together with any interest accrued thereon shall be returned to Buyer. The Earnest Money together with all interest accrued thereon shall be applied to the Purchase Price at the Closing.
(vi) On or before the Closing, if this Agreement has not be en earlier terminated, Buyer shall deposit into Escrow cash or other immediately available funds in the amount of the balance of the Purchase Price, less any credits due Buyer hereunder (the “Closing Amount”). The Closing Amount shall be applied towards the Purchase Price at the Closing.
4. Title to the Property . At the Closing, Seller shall cause to be conveyed to Buyer fee simple title to the Property by duly executed and acknowledged grant deed substantially in the form attached hereto as Exhibit B and incorporated herein by this reference (the “Deed”) as well as a duly executed Bill of Sale for the Personal Property, if any. As used in this Agreement, Closing (the “Closing”) shall be deemed to occur upon the recording of the Deed. Evidence of delivery of fee simple title shall be the issuance by Escrow Holder to Buyer of an ALTA standard coverage owner's policy of title insurance in the amount of the Purchase Price, insuring fee simple title to the Property in Buyer, subject only to such exceptions as Buyer shall have approved as provided below (the “Title Policy ”). The Title Policy shall provide full coverage against mechanics' and materialmen's liens and shall contain such special endorsements as Buyer may reasonably require, including, without limitation, any endorsements required as a condition to Buyer's approval of any title exceptions (the “Endorsements”). Within five ( 5) business days following the opening of Escrow, Seller shall order the issuance of a preliminary title report with respect to the Property, together with copies of all underlying documents referenced therein and a map containing a plotting of all easements capable of being plotted (collectively, the “Preliminary Report”), to be prepared by the Escrow Holder and delivered to Buyer. No later than thirty ( 30) 258
16498.00000\44526788.1
3 business days after receipt of the Preliminary Report, Buyer shall give written notice to Seller of any items contained in the Preliminary Report wh ich Buyer disapproves (“Buyer's Disapproval Notice”). Failure of Buyer to notify Seller of Buyer's disapproval of all or any item on the Preliminary Report shall be deemed to be an approval by Buyer of such item(s). In any event, Seller covenants to remo ve as exceptions to title prior to the Closing, any mortgages, deeds of trust, and other monetary encumbrances (collectively, “Disapproved Liens ”) shown on the Preliminary Report except for real property taxes not delinquent. Seller shall notify Buyer no later than five (5) business days after receipt of Buyer's Disapproval Notice whether it elects to remove such other items disapproved by Buyer. If by the expiration of the Feasibility Period, there remain exceptions to title which have not been modified to the satisfaction of Buyer and/or removed prior to the Closing Date, then Buyer may elect to do either of the following by the expiration of the Feasibility Period: (i) accept such exceptions and proceed to take title to the Real Property subject to such exception(s); or (ii) this Agreement may be terminated in accordance with Section 5(b).
In the event Buyer elects to terminate this Agreement pursuant to this Section 4, neither party shall have any further obligations to the other hereunder (except und er provisions of this Agreement which specifically state that they survive termination).
5. Feasibility.
(a) From and after the Effective Date until the Closing or earlier termination of this Agreement, Seller shall afford authorized representatives of Buyer access to the Property, upon reasonable prior notice to Seller, and so long as such access does not unreasonably interfere with the conduct of business on or use of the Property, for purposes of conducting such physical inspections and investigations of the Property as Buyer deems necessary (the “Inspections”).
Seller's representative shall be present with Buyer or Buyer's representative for any access to the Property. The Inspections and investigations may include, without limitation, (i) a review of existing zoning, entitlement, planning or similar issues applicable to the Property; (ii) a review of the physical condition of the Property a nd the systems serving the Property; (iii) a review of the environmental condition of the Property, including a Phase I environmental site assessment and any proposal regarding a Phase II environmental site assessment. Buyer agrees not to conduct or cause to be conducted a Phase II environmental site assessment without the prior written consent of Seller. Buyer's Inspections and investigations shall be governed by Section 15. (b) As used herein, the term ( “Feasibility Period”) shall refer to a period of time to expire at 5:00 p.m., California time, on the forty -fifth (45th) calendar day following the Effective Date; provided, however, that if the 45th day is a Saturday, Sunday or holiday on which banking institutions are closed in the State of California, then the Feasibility Period shall expire on the following business day. Buyer may elect, by written notice to Seller at any time prior to the expiration of the Feasibility Period, to terminate this Agreement, which election shall be in Buyer's sole and absolute discretion. If Buyer desires to terminate this Agreement pursuant to this Section 5(b) then before the expiration of the Feasibility Period, Buyer shall deliver written notice to Seller of Buyer's election to terminate (the “Buyer's Notice to Terminate”). If Buyer desires to proceed with the purchase of the Property subject to the remaining conditions set forth in this Agreement, then on or before the expiration of the Feasibility Period, Buyer shall deliver written notice to Seller of such election to proceed (the “Buyer's Notice to Proceed”), electing to waive Buyer's right of termination pursuant to this Section 5(b) and proceed with the Closing subject to the remaining conditions set forth in this Agreement. If Buyer fails to deliver either Buyer's Notice 259
16498.00000\44526788.1
4 to Terminate or Buyer's Notice to Proceed to Seller prior to the expiration of the Feasibility Period, then Buyer shall be deemed to have elected to proceed with this Agreement and the Closing. In the event of the termination of this Agreement pursuant to this Section 5(b), neither party shall have any further obligations to the other hereunder (except under provisions of this Agreement which specifically state that they survive termination). (c) In the event Buyer elects to terminate this Agreement pursuant to Section 5(b), or if Closing does not occur for any reason, Buyer shall return all Seller's Deliveries to Seller. Buyer further agrees that prior to Closing, Buyer shall provide Seller with copies of all studies, reports, appraisals and other materials commissioned by or prepared for Buyer relating to or regarding the Property (“Buyer's Reports”), at no cost to Seller.
6. Seller's Deliveries. Within five ( 5) business days following the Effective Date, Seller shall deliver to Buyer , whether electronically or otherwise, the materials described on Exhibit D, which shall contain copies of documents in Seller's possession or control, or to which Seller has access (collectively, the “Seller's Deliveries ”). Seller makes no representation whatsoever about the content, accuracy, completeness or value of any of Seller's Deliveries. All Seller's Deliveries will be provided to Buyer without warranty from Seller regarding the accuracy or completeness of the information contained therein, and such documents may or may not be assignable to Buyer. The delivery of such reports and studies shall be subject to the proprietary rights of any engineer or other consultant preparing the same and any limitations on use imposed by them. Buyer assumes all risk of reviewing and understanding any and all information contained in Seller's Deliveries. Seller shall deliver a Natural Hazards Disclosure Report with Seller' s Deliveries.
7. Conditions to Seller's Obligations. Seller's obligations hereunder, including, but not limited to, its obligation to consummate the purchase transaction provided for herein, are subject to the satisfaction of each of the following conditions, each of which is for the sole benefit of Seller and may be waived by Seller in writing in Seller’s sole and absolute discretion:
(a) Buyer shall not be in default under this Agreement. (b) Each representation and warranty made in this Agreement by Buyer shall be true and correct in all material respects at the time as of which the same is made and as of the Close of Escrow.
8. Conditions Precedent to Closing . The following are conditions precedent to Buyer's obligation to purchase the Property (the “Conditions Prec edent”). The Conditions Precedent are intended solely for the benefit of Buyer and may be waived only by Buyer in writing in Buyer’s sole and absolute discretion . In the event any Condition Precedent is not satisfied, Buyer may, in its sole and absolute discretion, terminate this Agreement, subject to the provisions of Section 9.
(a) Buyer's inspection, review and approval, within the Feasibility Period, of all of the following:
(i) The physical characteristics and condition of the Property (including without limitation the condition of the soils);
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5 (ii) Seller's Deliveries; and,
(b) Escrow Holder shall be unconditionally committed to issue the Title Policy to Buyer upon the Closing in the form and with such exceptions and endorsements as have been approved, or are deemed approved, by Buyer as provided in Section 4 above. (c) Seller shall have complied with all of Seller's duties and obligations contained in this Agreement and all of Seller's representations and warranties contained in or made pursuant to this Agreement shall have been true and correct when made and shall be true and correct as of the Closing Date.
9. LIQUIDATED DAMAGES. IF THE SALE OF THE PROPERTY PURSUANT
TO THIS AGREEMENT IS NOT CONSUMMATED SOLELY BECAUSE OF A DEFAULT
UNDER THIS AGREEMENT ON THE PART OF BUYER, THE DEPOSIT AND ALL BUYER'S REPORTS SHALL BE RETAINED BY SELLER AS LIQUIDATED DAMAGES.
THE PARTIES HAVE AGREED THAT SELLER'S ACTUAL DAMAGES, IN THE EVENT OF
A DEFAULT BY BUYER, WOULD BE EXTREMELY DIFFICULT OR IMPRACTICABLE TO DETERMINE. THEREFORE, BY PL ACING THEIR INITIALS BELOW, THE PARTIES
ACKNOWLEDGE THAT THE EARNEST MONEY AND BUYER'S REPORTS HAVE BEEN
AGREED UPON, AFTER NEGOTIATION, AS THE PARTIES' REASONABLE ESTIMATE
OF SELLER'S DAMAGES AND AS SELLER'S SOLE AND EXCLUSIVE REMEDY
AGAINST BUYER, AT LAW OR IN EQUITY, IN THE EVENT OF A DEFAULT UNDER THIS AGREEMENT ON THE PART OF BUYER. UPON THE OCCURRENCE OF ANY SUCH DEFAULT BY BUYER, BUYER SHALL DELIVER WITHIN 2 BUSINESS DAYS OF
SELLER'S REQUEST ALL BUYER'S REPORTS AND APPROPRIATE DOCUMENTS ASSIGNING SAME TO SELLER. SELLER HEREBY WAIVES ANY AND ALL BENEFITS IT MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 3389. FURTHERMORE,
THE PAYMENT AND RETENTION OF SUCH EARNEST MONEY AS LIQUIDATED
DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY WITHIN THE MEANING OF CALIFORNIA CIVIL CODE SECTIONS 3275 AND 3369, BUT IS INTENDED
TO CONSTITUTE LIQUIDATED DAMAGES TO SELLER PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 1671, 1676 AND 1677. UPON BUYER'S DEFAULT, SELLER MAY
INSTRUCT ESCROW HOLDER TO CANCEL THE ESCROW, AND PROMPTLY UPON RECEIPT OF SAID INSTRUCTIONS, ESCROW HOLDER SHALL (i) CANCEL THE ESCROW, (ii) PAY ALL OF ESCROW HOLDER'S CHARGES FROM THE EARNEST MONEY, AND (iii) DISBURSE TO SELLER THE EARNEST MONEY PURSUANT TO THIS SECTION 9.
INITIALS: Seller _________ Buyer __________
10. Escrow; Closing, Prorations.
(a) Upon mutual execution of this Agreement, the parties hereto shall deposit an executed counterpart of this Agreement with Escrow Holder and this Agreement shall serve as instructions to Escrow Holder for consummation of the purchase contemplated hereby. Seller and Buyer shall execute such supplemental Escrow instructions as may be appropriate to enable Escrow Holder to comply with the terms of this Agreement, provided such supplemental Escrow 261
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6 instructions are not in conflict with this Agreement as it may be amended in writing from time to time. In the event of any conflict between the provisions of this Agreement and any supplementary Escrow instructions signed by Buyer and Seller, the terms of this Agreement shall control. (b) The Closing shall take place (the “Closing Date”) on or before the date that is fifteen ( 15) days following the expiration of the Feasibility Period or as may be extended as provided below.
(c) At or before the Closing, Seller shall deliver to Escrow Holder or Buyer the following:
(i) the duly executed and acknowledged Grant Deed for the Property and the duly executed Bill of Sale;
(ii) a duly executed affidavit that Seller is not a “foreign person” within the meaning of Section 1445(f)(3) of the Internal Rev enue Code of 1986 in the form attached as Exhibit C and incorporated herein by this reference together with a duly executed non -foreign person affidavit and evidence that Seller is exempt from the withholding obligations imposed by California Revenue and Taxation Code Sections 18805, 18815, and 26131; (iii) evidence reasonably acceptable to Escrow Holder that the documents delivered by Seller have been duly authorized and executed on behalf of Seller and constitute valid and binding obligations of Seller.
(iv) any oth er documents which the Escrow Holder may reasonably require from Seller in order to close Escrow which do not increase Seller's liability or obligations hereunder;
(v) a closing statement in form and content satisfactory to Buyer and Seller (the “Closing Statement”) duly executed by Seller; and (vi) any other instruments, records or correspondence called for hereunder which have not previously been delivered.
(d) At or before the Closing, Buyer shall deliver to Escrow Holder or Seller the following:
(i) the Closing Statement, duly executed by Buyer;
(ii) the Closing Amount; and
(iii) evidence reasonably acceptable to Escrow Holder that the documents delivered by Buyer have been duly authorized and executed on behalf of Buyer and constitute valid and binding obligations of Buyer.
(e) Seller and Buyer shall each deposit such other instruments as are reasonably required by Escrow Holder or otherwise required to close the Escrow and consummate the purchase of the Property in accordance with the terms hereof. 262
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7 (f) The following are to be paid b y Buyer or Seller or apportioned as of the Closing Date, as follows:
(i) General real property taxes for the year in which Closing occurs together with assessments, property operating expenses, utilities and other recurring costs relating to the Property shall be apportioned as of the Closing Date on the basis of a thirty (30)-day month. (ii) Costs and expenses of Escrow incurred in this transaction shall be paid as follows:
(1) Seller shall pay all sales, use and documentary transfer taxes (except as provided in Subparagraph (ii)(4) below);
(2) Seller shall pay the premium for a standard ALTA coverage owner's policy of title insurance; Buyer shall pay the premium for any extended ALTA coverage if desired;
(3) Seller and Buyer shall each pay one-half (1/2) of the Escrow fees, recording fees and related expenses;
(4) Seller and Buyer shall each pay one-half (1/2) of any city or county transfer taxes due;
(5) all other costs of escrow shall be paid equally by Buyer and Seller.
(6) Seller’s combined total cost and expenses incurred in this transaction shall not exceed the purchase price of the properties; Buyer shall pay all other costs of escrow.
(iii) The provisions of this Subparagraph (g) shall survive the Closing.
11. Representations, Warranties and Covenants of Seller . As of the date hereof and again as of Closing, Seller represent and warrants to Buyer as follows:
(a) Seller is a municipal corporation validly existing and in good standing under the laws of the State of California. This Agreement and all documents executed by Seller which are to be delivered to Buyer at the Closing are and at the time of Closing will be duly authorized, executed and delivered by Seller, are and at the time of Closing will be legal, valid and binding obligations of Seller enforceable against Seller in accordance with their respective terms. Seller has obtained all necessary authorizations, approvals and consents to the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby. (b) No Action. No attachments, execution proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings are pending against Seller, nor are any such proceedings contemplated by Seller; 263
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8 (c) No Representations as to Property . There are no representat ions, agreements, arrangements, or circumstances, oral or written, between the parties relating to the subject matter contained in this Agreement that are not fully expressed in the Agreement, and Seller has not made and does not make any representation or warranty concerning any matter or thing affecting or relating to the Property, including but not limited to its fitness for a particular use, its physical condition or any other matter; and
(d) Sale “AS-IS”. Subject to Seller's representations and warranties contained herein, Buyer's election to purchase the Property will be based upon and will constitute evidence of Buyer's independent investigation of the Property, its use, development potential and suitability for Buyer's intended use, including (without limitation) the following: the feasibility of developing the Property for the purposes intended by Buyer and the conditions of approval for any subdivision map; the size and dimensions of the Property; the availability, cost and adequacy of water, sewerage and any utilities serving or required to serve the Property; the presence and adequacy of current or required infrastructure or other improvements on, near or affecting the Property; any surface, soil, subsoil, fill or other physical conditions of or affecting the Property, such as climate, geological, drainage, air, water or mineral conditions; the condition of title to the Property; the existence of governmental laws, statutes, rules, regulations, ordinances, limitations, restrictions or requirements concerning the use, density, location or suitability of the Property for any existing or proposed development thereof including but not limited to zoning, building, subdivision, environmental or other such regulations; the necessity or availability of any gen eral or specific plan amendments, rezoning, zoning variances, conditional use permits, building permits, environmental impact reports, parcel or subdivision maps and public reports, requirements of any improvement agreements; requirements of the California Subdivision Map Act, and any other governmental permits, approvals or acts (collectively “Permits”); the necessity or existence of any dedications, taxes, fees, charges, costs or assessments which may be imposed in connection with any governmental regulations or the obtaining of any required Permits; the presence of endangered plant or animal species upon the Property; and all of the matters concerning the condition, use, development or sale of the Property. Seller will not be liable for any loss, damage, injury or claim to any person or property arising from or caused by the development of the Property by Buyer.
Except with respect to a default by Seller hereunder (including a breach of Seller's warranties and representations), Buyer at the Close of Escro w expressly waives its rights granted under California Civil Code Section 1542, which provides as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
THAT THE CREDITOR OR RELEASING PARTY DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT
THE TIME OF EXECUTING THE RELEASE AND THAT, IF
KNOWN BY HIM OR HER , WOULD HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED PARTY.”
Buyer's Initials: ________ Seller's Initials: ________.
12. Representations, Warranties and Covenants of Buyer. Buyer hereby represents and warrants to Seller as follows:
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9 (a) Buyer is a California corporation duly organized, validly existing and in good standing under the laws of the State of California . This Agreement and all documents executed by Buyer which are to be delivered to Seller at the Closing are and at the time of Closing will be duly authorized, executed and delivered by Buyer, are and at the time of Closing will be legal, valid and binding obligations of Buyer enforceable against Buyer in accordanc e with their respective terms, and do not and at the time of Closing will not violate any provision of any agreement or judicial order to which Buyer is subject. Buyer has obtained all necessary authorizations, approvals and consents to the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby.
(b) Buyer warrants that Buyer is a sophisticated owner and buyer of real property, familiar and experienced with requirements for the development of real property. Buyer has examined the Property or will have done so by Closing, is or will be familiar with its physical condition, and accepts the Property in an “AS-IS” condition. (c) Buyer has conducted or will conduct an independent investigation with respect to zoning and sub division laws, ordinances, resolutions, and regulations of all governmental authorities having jurisdiction over the Property, and the use and improvement of the Property and is, or at Closing will be, satisfied with the results of such investigation. (d) The Property is being sold “AS-IS” and with all faults.
13. Environmental Matters /Release. As used in this Agreement, “Hazardous Materials” includes petroleum, asbestos, radioactive materials or substances defined as '“hazardous substances,” “hazardous materials” or “toxic substances” (or words of similar import) in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Section 9601, et seq.), the Hazardous Materials Transportation Act (49 U.S.C. Section 1801, et se q.), the Resource Conservation and Recovery Act (42 U.S.C.
Section 6901, et seq.), and under the applicable laws of California. Buyer must rely on its own investigation and not on any representation by Seller regarding Hazardous Materials. Buyer shall rely solely upon its own investigation and inspection of the Property and the improvements thereon and upon the aid and advice of Buyer's independent expert(s) in purchasing the Property, and shall take title to the Property without any warranty, express or implied, by Seller or any employee or agent of Seller. Seller makes no representations regarding Hazardous Materials in, on or under the Property. Seller's knowledge and disclosures regarding Hazardous Materials are limited to the contents of Seller's Deliveries.
Accordingly, Buyer hereby expressly waives and relinquishes any and all rights and remedies Buyer may now or hereafter have against Seller, whether known or unknown, with respect to any past present, or future presence of Hazardous Materials on, under or about the Property or with respect to any past, present or future violations of any rules, regulations or laws, now or hereinafter enacted, regulating or governing use, handling, storage or disposable of Hazardous Materials, including, without lim itation (i) any and all remedies Buyer may now or hereafter have under the Comprehensive Environmental Response Compensation and Liability Act of 1980 (“CERCLA”), as amended, and any similar law, rule or regulation, (ii) any and all rights Buyer may now or hereafter have against Seller under the Carpenter -Presley-Tanner Hazardous Substance Account Act (California Health and Safety Code, Section 25300 et seq.), 265
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10 as amended and any similar law, rule or regulation, and (iii) any and all claims, whether known or unknown, now or hereafter existing, with respect to the Property under Section 107 of CERCLA (42 U.S. C.A. § 9607).
BUYER HEREBY ACKNOWLEDGES THAT IT HAS READ AND IS
FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 (“SECTION 1542”), WHICH IS SET FORTH BELOW
“A GENERAL RELEASE DOES NOT EXTEND TO
CLAIMS THAT THE CREDITOR OR RELEASING
PARTY DOES NOT KNOW OR SUSPECT TO EXIST
IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE AND THAT, IF
KNOWN BY HIM OR HER, WOULD HAVE
MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR OR RELEASED
PARTY.”
BY INITIALING BELOW, BUYER HEREBY WAIVES THE
PROVISIONS OF SECTION 1542 SOLELY IN CONNECTION WITH
THE MATTERS WHICH ARE THE SUBJECT OF THE FOREGOING
WAIVERS AND RELEASES.
_______________
(Buyer's Initials)
14. Continuation and Survival . All representations, warranties and covenants by the respective parties 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 deemed to be material, and unless expressly provided to the contrary shall survive the execution and delivery of this Agreement, the Deed and the Closing.
15. Indemnity.
Buyer agrees to indemnify Seller and the Property against, and to hold and save Seller and the Property harmless from, all claims, demands, suits, actions, damages, obligations, liabilities, losses, costs and expenses, including but not limited to attorneys' fees and court costs, as a result of the Inspections; provided, however, that Buyer will not be obligated to indemnify Seller with respect to its own negligence. The foregoing indemnity shall survive ter mination of this Agreement. Buyer shall not suffer or permit any mechanic's or materialmen's or other lien to stand against the Property in connection with any labor, materials or services furnished or claimed to have been furnished by or on behalf of Buyer in connection with or as a result of any Inspections.
If any such lien shall be filed against the Property, Buyer shall cause such lien to be discharged or bonded within thirty (30) days after such filing. Following any Inspections Buyer shall restore the Property to substantially its physical condition as existed prior to such inspection (except for any changes to the Property caused by Seller, or its agents or employees). Prior to any entry on the Property Buyer or its consultant shall at its sole c ost obtain a policy of liability insurance with a 266
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11 combined single limit in an amount not less than One Million Dollars ($1,000,000); Seller shall each be named an additional insured on said policy; and Buyer or its consultants shall furnish to Seller a certificate of insurance confirming such coverage.
16. Condemnation.
(a) In the event a governmental entity commences eminent domain proceedings to take any portion of the Property after the date hereof and prior to the Closing, then Buyer shall have the option to te rminate this Agreement by written notice to Seller within ten ( 10) business days after Buyer first learns of such commencement. In the event of any such termination, the Earnest Money, together with all interest, shall be returned to Buyer. Buyer and Seller shall each be liable for one -half of any escrow fees or charges, and neither party shall have any further liability or obligation under this Agreement.
(b) In the event a governmental entity commences eminent domain proceedings to take any part of the Prop erty after the date hereof and prior to the Closing and this Agreement is not terminated pursuant to Section 16(a), then the Closing shall occur as scheduled notwithstanding such proceeding; provided, however, that Seller's interest in all awards arising out of such proceedings (except for any award attributable to the loss of Seller's business or income, Seller's personal property, or the property of any tenant of the Property) shall be assigned to Buyer as of the Closing or credited to Buyer if previously received by Seller. Seller's obligations pursuant to this Section 16(b) shall survive the Closing.
17. Possession. Possession of the Property shall be delivered to Buyer on the Closing Date free of any occupant or property not being conveyed to Buyer as provided hereunder.
18. Seller's Cooperation with Buyer. At no cost to Seller, Seller shall cooperate and do all acts as may be reasonably required or requested by Buyer, at no additional cost to Seller, with regard to the fulfillment of any Condition Precedent. Seller hereby authorizes Buyer and its agents to make all inquiries with and applications to any third party, including any governmental authority, as Buyer may reasonably require to complete its due diligence and satisfy the Conditions Precedent.
19. Brokers and Finders. The Buyer and Seller each represent and warrant to the other that no broker or finder was used or engaged in connection with this transaction. Each party agrees to indemnify and defend the other party hereto, its successors and assigns, officials, agents, employees, officers and directors, from and against any and all obligations, liabilities, claims, demands, liens, encumbrances and losses (including, without limitation, attorneys' fees), arising out of, based on, or incurred arising out of any claim for a broker’s or finder’s fee based on any agreement or alleged agreement made by or through such party. The provisions of this Section 19 shall survive the Closing or termination of this Agreement.
20. Professional Fees. In the event legal ac tion is commenced to enforce or interpret any of the terms or provisions of this Agreement, the prevailing party in such action shall be entitled to an award of reasonable attorney's fees and costs incurred in connection with the prosecution or defense of said action. In addition, the prevailing party shall be entitled to recover 267
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12 any actual accounting, engineering or other professional fees reasonably incurred in said action or proceeding.
21. Publicity and Confidentiality . Buyer acknowledges that Seller is a public entity and that this Agreement shall be a matter of public record, presented at a public meeting which has been properly agendized, and available for review by the public under the Public Records Act.
Notwithstanding the foregoing, Buyer agrees to not make any public announcements regarding the Property prior to Closing.
22. Miscellaneous.
(a) Notices. Any notice, consent or approval required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given upon (i ) hand delivery, (ii) one business day after being deposited with Federal Express or another reliable overnight courier service for next day delivery, (iii) upon facsimile transmission (except that if the date of such transmission is not a business day or if such transmission is made after 5:00 p.m. on a business day, then such notice shall be deemed to be given on the first business day following such transmission), or (iv) two business days after being deposited in the United States mail, registered or certified mail, postage prepaid, return receipt required, and addressed as follows (or such other address as either party may from time to time specify in writing to the other in accordance herewith):
If to Seller: City of Fontana
Attn: City Manager
8353 Sierra Avenue
Fontana, CA 92335
With a copy to: Best Best & Krieger LLP
Attn: Jessica Lomakin
2855 E. Guasti Road, Suite 400
Ontario, CA 91761
If to Buyer: SA Golden Investments, Inc.
Attn: Saber Awad
6226 Cooper Avenue
Fontana, CA 92336
Phone: _________________________
Email ___________________________
With a copy to: _______________________________
Attn: __________________________
_______________________________
_______________________________
Phone: _________________________
Email ___________________________
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13 To Escrow Holder: Belle Vista Escrow, Inc.
Attn: Misty R. Teeter
273 North Euclid Avenue
Upland, CA 91786
Phone: (909) 946-9188
Fax: (909) 912-8326 fax
(b) Successors and Assigns. Buyer shall have the right to assign this Agreement to any entity controlling, controlled by or under common control with Buyer without Seller's consent or approval, and otherwise Buyer shall have the right to assign this Agreement to any entity subject to Seller's prior approval, which approval shall not be unre asonably withheld, conditioned or delayed. Any such assignee shall assume all obligation s of Buyer hereunder; however, Buyer shall remain liable for all obligations hereunder. Seller shall have the right to assign this Agreement. Except as otherwise per mitted by this paragraph, neither this Agreement nor the rights of either party hereunder may be assigned by either party. This Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors, heirs, administrators and assigns.
(c) Amendments. This Agreement may be amended or modified only by a written instrument executed by Seller and Buyer.
(d) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
(e) Construction. Headings at the beginning of each Section and subparagraph are solely for the convenience of the parties and are not a part of the Agreement. This Agreement shall not be construed as if it had been prepared by one of the parties, but rath er as if both parties had prepared the same. Unless otherwise indicated, all references to Sections and subparagraphs are to this Agreement. All exhibits referred to in this Agreement are attached and incorporated by this reference.
(f) No Joint Venture . Th is Agreement shall not create a partnership or joint venture relationship between Buyer and Seller.
(g) Section 1031 Exchange. Seller and Buyer acknowledge and agree that the purchase and sale of the Property may be part of a tax -free exchange under Section 1031 of the Internal Revenue Code of 1986, as amended, for Buyer. Each party hereby agrees to take all reasonable steps on or before the Closing Date to facilitate such exchange if requested by Buyer, provided that (i) Seller shall not be required to acquire any substitute property, (ii) such exchange shall not affect the representations, warranties, liabilities and obligations of the parties to each other under this Agreement, (iii) Seller shall not incur any additional cost, expense or liability in connection with such exchange (other than expenses of reviewing and executing documents required in connection with such exchange), and (iv) no dates in this Agreement will be extended as a result thereof. Notwithstanding anything to the contrary contained in the foregoing, if Buyer so elects to close the acquisition of the Property as an exchange, then (A) Buyer, at its sole option, may delegate its obligations to acquire the Property under this Agreement, and may assign its rights to receive the Property from Seller, to an Intermediary or to an exchange accommodation 269
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14 titleholder, as the case may be; (B) such delegation and assignment shall in no way reduce, modify or otherwise affect the obligations of Buyer pursuant to this Agreement; (C) Buyer shall remain fully liable for its obligations under this Agreement as if such delegation and assignment shall not have taken place; (D) Intermediary or exchange accommodation titleholder, as the case may be, shall have no liability to Seller; and (E) the closing of the acquisition of the Property by Buyer or the exchange accommodation titleholder, as the case may be, shall be undertaken by direct deed from Seller (or, if applicable, from other affiliates of Seller whom Seller will cause to execute such deeds) to Buyer (or to exchange accommodation titleholder, as the case may be). (h) Merger of Prior Agreements . This Agreement and the exhibits attached hereto constitute the entire agreement between the parties and supersede all prior agreements and understandings between the parties relating to the subject matter hereof, including without limitation, any letters of intent previously executed or submitted by either or both of the parties hereto, which shall be of no further force or effect upon execution of this Agreement. (i) Time of the Essence. Time is of the essence of this Agreement. As used in this Agreement, a “business day” shall mean a day which is not a Saturday, Sunday or recognized federal or state holiday. If the last date for performance by either party under this A greement occurs on a day which is not a business day, than the last date for such performance shall be extended to the next occurring business day.
(j) Severability. If any provision of this Agreement, or the application thereof to any person, place, or circumstance, shall be held by a court of competent jurisdiction to be invalid, unenforceable or void, the remainder of this Agreement and such provisions as applied to other persons, places and circumstances shall remain in full force and effect. (k) Further Assurances. Each of the parties shall execute and deliver any and all additional papers, documents and other assurances and shall do any and all acts and things reasonably necessary in connection with the performance of their obligations hereunder and to carry out the intent of the parties.
(l) Exhibits. All exhibits attached hereto and referred to herein are incorporated herein as though set forth at length.
(m) Captions. The captions appearing at the commencement of the sections and paragraphs hereof are descr iptive only and for convenience in reference. Should there be any conflict between any such caption and the section at the head of which it appears, the section and paragraph and not such caption shall control and govern in the construction of this Agreement. (n) No Obligation To Third Parties. Execution and delivery of this Agreement shall not be deemed to confer any rights upon, directly, indirectly or by way of subrogation, nor obligate either of the parties hereto to, any person or entity other than each other. (o) Waiver. The waiver by any party to this Agreement of the breach of any provision of this Agreement shall not be deemed a continuing waiver or a waiver of any subsequent breach, whether of the same or another provision of this Agreement. 270
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15 (p) Interpretation. This Agreement has been negotiated at arm's length and between persons (or their representatives) sophisticated and knowledgeable in the matters dealt with in this Agreement. Accordingly, any rule of law (including California Civil Code § 1654 and any successor statute) or legal decision that would require interpretation of any ambiguities against the party that has drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable manner to effect the purpose of the parties and this Agreement. (q) Counterparts/Facsimile/.PDF Signatures. This Agreement may be executed in counterparts and when so executed by the Parties, each of which shall be deemed an original, but all of which together shall constitute on e and the same instrument 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 counterparts by 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 signature s on the facsimile or .pdf document, are aware that 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.
(r) Surplus Land Act Compliance. Consistent with the requirements of Govt.
Code Sections 54220 -54234 (“Surplus Land Act ”) and the California Department of Housing and Community Development (“ HCD”), issued Surplus Land Act Guidelines (collectively with the Surplus Land Act, the “SLA Regulations”), on June 15, 2021, Seller declared the Property to be exempt surplus land because it is a total of 458.38 square feet and it is not contiguous to state or local agency property used for open -space or low- or moderate-income housing. Accordingly, all the requirements under the SLA Regulations for the purpose of disposing of the surplus land identified as the Property have been met and Seller is permitted to proceed with the sale of the Property.
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16 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date written below.
SELLER:
CITY OF FONTANA, a California municipal
corporation
By: _______________________________________
Name: ___________________________________
Its: ______________________________________
Date: ____________________________________
Approved as to Form
City Attorney:_________________________
Date:_________________________________
BUYER:
SA GOLDEN INVESTMENTS, INC., a California
corporation
By: _______________________________________
Name: Saber Awad
Its: President/CEO
Date: ____________________________________
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EXHIBIT A
LEGAL DESCRIPTION
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EXHIBIT B
FORM OF DEED
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO, AND
MAIL TAX STATEMENTS TO:
SA GOLDEN INVESTMENTS, INC.
6226 Cooper Avenue
Fontana, CA 92336
__________________________________________________________________________ A.P.N.: _________________________ (Space Above Line for Recorder's Use Only) The Undersigned Grantor(s) Declare(s):
DOCUMENTARY TRANSFER TAX $________; CITY TRANSFER TAX $________; SURVEY MONUMENT FEE $ ________
[ ] computed on the consideration or full value of property conveyed, OR [ ] computed on the consideration or full value less value of liens and/or encumbrances remaining at time of sale, [ ] unincorporated area; [ ] City of __________________, and
GRANT DEED
FOR VALUE RECEIVED, CITY OF FONTANA, a California municipal corporation (“Grantor”), grants to SA Golden Investments, a California corporation (“Grantee”), all that certain real property situated in the County of San Bernardino, State of California, described on Schedule 1 attached hereto and by this reference incorporated herein (the “Property”).
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2 IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of ________________, 20__.
GRANTOR:
CITY OF FONTANA,
a California municipal corporation
By: _______________________________________
Name: ___________________________________
Its: ______________________________________
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3 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 _____________________________ (Seal)
276
16498.00000\44526788.1
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16498.00000\44526788.1
EXHIBIT C
TRANSFEROR'S CERTIFICATION OF NON-FOREIGN STATUS
This form is provided so that the Buyer and/or Seller in this transaction can certify compliance with the Foreign Investment in Real Property Tax Act to the Escrow Agent and/or Buyer. Buyer (“Transferee”) must retain a copy of this document until after the fifth taxable year following the transfer.
Section 1445 of the Internal Revenue Code of 1986, as amended ( “Code”) provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person.
For U.S. tax purposes (including section 1445), the owner of a disregarded entity (which has legal title to a U.S. real property interest under local law) will be the transferor of the property and not the disregarded entity. To inform Transferee that withholding of tax is not required upon the disposition of a U.S. real property interest, the undersigned hereby certifies the following on behalf of the CITY OF FONTANA, a California municipal corporation (“Transferor”):
1. The Transferor is not a foreign corporation, foreign partnership, foreign trust, foreign estate or foreign person (as those terms are defined in the Code and the Income T ax Regulations promulgated thereunder).
2. The Transferor is not a disregarded entity as defined in Income Tax Regulation Section 1.1445-2(b)(2)(iii).
3. The Transferor's U.S. employer or tax identification number is ______________.
4. The Transferor's office address is
The Transferor understands that this Certification may be disclosed to the Internal Revenue Service by the Transferee and that any false statement contained herein could be punished by fine, imprisonment, or both.
Under penalties 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 declare that I have authority to sign this document on behalf of the Transferor.
Date:______________, 20__ TRANSFEROR:
CITY OF FONTANA,
a California municipal corporation
By: _______________________________________
Name: ___________________________________
Its: ______________________________________
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16498.00000\44526788.1
EXHIBIT D
SELLER DELIVERIES
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City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0928 Agenda Date: 4/28/2026
Agenda #: J. Category: Consent Calendar
FROM:
Engineering
SUBJECT:
Award a Construction Contract for the Fire Station No. 80 - Training Center Project (Bid No. DE-26- 129-SB)
RECOMMENDATION:
1. Award and authorize the City Manager to enter into a construction contract with AMG & Associates, Inc. for the construction of the Fire Station No. 80 - Training Center in the amount of $14,395,000 and authorize a 10% contingency in the amount of $1,439,500 (Bid No. DE-26-129- SB).
2. Approve and authorize the City Manager to enter into any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the Fire Station No. 80 - Training Center (Bid No. DE-26-129-SB).
3. Appropriate $3,900,000 from Fire Capital Project Fund (Fund 610) to the Fire Station No. 80 - Training Center Project No. 37603385.
4. Approve a transfer in the amount of $3,900,000 from Fontana Fire District Fund #210 to the Fire Capital Project Fund #610 to cover construction contract costs.
COUNCIL GOALS:
· To improve public safety by increasing operational efficiency, visibility and availability. · To improve public safety by maximizing fire and emergency medical service resources. · To improve public safety by minimizing impacts from disasters through emergency and disaster preparedness.
· 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:
Fire Station No. 80 is a priority one project that involves the construction of a new fire station training center and tower simulator in the western area of the City limits. The proposed site is located at 6585 Cherry Avenue, on the northeast corner of Cherry Avenue and S. Highland Avenue. The new training center and tower simulator is Phase 1 of the new Fire Station No. 80 project, while laying the foundation for the fire station at a later stage in Phase 2.
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File #: 26-0928 Agenda Date: 4/28/2026
Agenda #: J. Category: Consent Calendar
The new training center will be a single story, 4,193 square foot building, on a parcel of approximately
2.269 gross acres. The training center is designed to accommodate up to 108 occupants in a classroom style setting with the following features:
· Administrative Offices - Public Lobby and Public Restrooms · Private Restrooms, Locker Rooms, and Showers
· Staff Office Space
· Secure Parking and 0.56-acre overflow parking area within MWD right-of-way Additionally, the new training tower simulator will be a custom high-rise six-story building along with an underground water tank recovery system. The proposed training tower building will consist of two sections. The first section features a five-story tower along with a six-story enclosed stair tower. The second section features a two-story structure with a residential-industrial character, including an attached garage. The simulator is intended to provide firefighter training within a controlled, simulated environment that closely replicates real-world fire conditions. Moreover, this project will incorporate an underground water tank recovery system designed to support sustainable and efficient training operations. This system will collect, store, and recycle water used during the fire exercises. This will significantly reduce the need for fresh water and lower long-term operational costs.
The project was initially released for bids in September 2025 with a bid opening held on October 6, 2025, at 11:00 a.m. A total of thirteen (13) bids were received ranging from $14,514,000.00 to $16,918,000.00. The City received a Bid Protest from the second and fourth bidders. After an extensive bid review and consultation with the City Attorney’s office, a number of bidding irregularities were noted from the top four bidder’s proposals. To avoid potentially time-consuming legal actions that might occur from various bidders over the bid proposal irregularities, staff rejected all bids and re -bid the project.
The project was released for bids a second time in February 2026 with the bid opening held on March 31, 2026, at 2:00 p.m. A total of seventeen (17) bids were received ranging from $14,395,000.00 to $17,470,178.00. After Purchasing reviewed all submissions, AMG & Associates, Inc. was determined to be the lowest responsive and responsible bidder in the amount of $14,395,000.00. The Engineer's estimate was $12,000,000.00. The significant increase in cost is largely attributed to the increase in material costs and labor wage rates of the current economy.
FISCAL IMPACT:
The fiscal impact associated with the approval of this item is $15,834,500.00, for the full term of the construction contract. The current available budget in 37603385-610-D-8330 is $12,668,855.91. An additional appropriation of $3,900,000 is being requested in 37603385-610-D and will be transferred from Fund 210 - Fontana Fire District. Appropriate budget adjustments will be submitted in the next quarterly budget report to cover the remaining balance and other unencumbered costs. All future costs will be included in subsequent fiscal year budgets.
MOTION:
Approve staff recommendation.
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FIRE STATION 80 TRAINING CENTER PROJECTPROJECT LOCATION 282
Bid Results
Fire Station No. 80 – Training Center Project
DE-26-129-SB
1. AMG & Associates, Inc. $ 14,395,000.00
Santa Clarita, CA
2. Act 1 Construction $ 14,729,442.00 Norco, CA
3. R.C. Construction Services $ 14,817,000.0 0 Redlands, CA
4. CSI Services $ 14,915,875.00
San Pedro, CA
5. Archico Design Build, Inc $ 15,065,000.00 Santa Ana, CA
6. EC Construction, Inc. $ 15,155,875.00
Lakeside, CA
7. Klassic Engineering & Construction Inc. $ 15,187,602.40 Orange, CA
8. Royal Construction Corp $ 15,538,000.00 Arcadia, CA
9. The Nazerian Group $ 15,744,123.00 Encino, CA
10. Jergensen Construction Inc. $ 16,110,075.93 Oak Hills, CA
11. Dalke and Sons Construction, Inc. $ 16,148,680.00 Riverside, CA
12. Woodcliff Corporation $ 16,260,000.00 Los Angeles, CA
13. Horizons Construction Co. Int’l, Inc. $ 16,737,797.00 Orange, CA
14. Builders United $ 16,866,851.00
Las Vegas, NV
15. Spec Construction Co., Inc $ 17,128,540.00 Ontario, CA
16. Morillo Construction Inc. $ 17,148,700.00 Pasadena, CA
17. Chalmers Construction Inc. $ 17,470,178. 00 Sun Valley, CA
283
City of Fontana
Fire Station No. 80 - Training Center (DE-26-129-SB), bidding on 03/31/2026 2:00 PM (PDT)
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City of Fontana
Fire Station No. 80 - Training Center (DE-26-129-SB), bidding on 03/31/2026 2:00 PM (PDT)
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Fire Station No. 80 - Training Center (DE-26-129-SB), bidding on 03/31/2026 2:00 PM (PDT)
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Fire Station No. 80 - Training Center (DE-26-129-SB), bidding on 03/31/2026 2:00 PM (PDT)
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Fire Station No. 80 - Training Center (DE-26-129-SB), bidding on 03/31/2026 2:00 PM (PDT)
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City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0931 Agenda Date: 4/28/2026
Agenda #: K. Category: Consent Calendar
FROM:
Police Department
SUBJECT:
Police Department Monthly Information Update
RECOMMENDATION:
Accept the Police Department monthly information update for February 2026.
COUNCIL GOALS:
· Operate in a businesslike manner by creating a memorable customer experience with every interaction.
· Increase citizen involvement by informing the public about issues, program, and accomplishments.
· Concentrate on Inter-governmental relations by establishing partnerships and positive working relationships with other public agencies providing services to residents and local businesses.
DISCUSSION:
The February 2026 monthly information report has been completed. Once the report is accepted by the City Council it will be featured on the Department website.
FISCAL IMPACT:
There is no fiscal impact.
MOTION:
Approve staff recommendation.
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POLICE DEPARTMENT
MONTHLY REPORT
February 2026
290
NOTEWORTHY EVENTS
• FORGE Unit hosted a meet and greet with the Fontana Chamber of Commerce and local business owners.
• Fontana Police Seized over 1300 pounds of methamphetamine, 215 kilos of cocaine and 50 illegal firearms.
• COPE conducted several site visits at Etiwanda Schools. • Fontana Police hosted “Coffee with a Cop” at Mi Flor Mayor Coffee. • Fontana Police participated in the Options 4 Youth Career Fair. • Fontana Police hosted a shopping event for Veterans at Walmart. • Fontana Police also participated in a career fairs at Jurupa Hills High School and Fontana Middle School.
KA1
291
Slide 2
KA1 Kevin Anderson, 2/9/2021
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293
CITYWIDE
• Priority 1 response time- 4:52 (Emergency calls like subject not breathing, shots fired, and other immediate risk to life/safety)
• Calls for service- 7,950
• Total arrests- 477
• Hispanic- 291, White- 79 , Black- 77, All other races-30 • Total Group A Offenses- 539
• Crimes Against Persons- 120
• Crimes Against Property- 270
• Crimes Against Society- 149
294
CITYWIDE
• Crimes Against Person- 120
• Homicide- 0
• Sex Offenses- 3
• Assault- 110
• Kidnapping- 2
• Other- 5
• Crimes Against Property- 270
• Robbery- 12
• Burglary- 19
• Larceny- 102
• Destruction of Property- 47
• Fraud- 26
• Possession of Stolen Property- 31
• Motor Vehicle Theft- 30
• Other Miscellaneous Property Crimes- 3
• Crimes Against Society- 149
• Drug and Paraphernalia Possession- 128
• Possession of Child Pornography- 11
• Possession of Weapons- 10
• Other Miscellaneous Crimes- 0
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CRIMES BY BEAT
• Police Department Beat system is NOT
geographically the same as City Council
representation Districts
• Beat 1- All area north of 210 Freeway
• Beat 2- All area south of 210 Freeway and
north of Foothill
• Beat 3- All area south of Foothill and north
of 10 Freeway
• Beat 4- All area south of the 10 Freeway
Area 1
Area 2
Area 3
Area 4
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BEAT 1
AREA COMMANDER IS LIEUTENANT KYLE SLUSSER
EMAIL- [email protected]
DESK- (909) 350-7716
• Total Group A Offenses- 59
• Crimes Against Persons- 18
• Crimes Against Property- 37
• Crimes Against Society- 4
297
BEAT 2
AREA COMMANDER IS LIEUTENANT MATT KRAUT
EMAIL- [email protected]
DESK- (909) 356-7142
• Total Group A Offenses- 123
• Crimes Against Persons- 29
• Crimes Against Property- 70
• Crimes Against Society- 24
298
BEAT 3
AREA COMMANDER IS LIEUTENANT ADAM CLABAUGH
EMAIL – [email protected]
DESK – (909) 350-7706
• Total Group A Offenses- 274
• Crimes Against Persons- 52
• Crimes Against Property- 109
• Crimes Against Society- 113
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Beat 4
AREA COMMANDER IS LIEUTENANT KEITH ZAGORIN
EMAIL – [email protected]
DESK – (909) 350-7707
•Total Group A Offenses- 83
•Crimes Against Persons- 21
•Crimes Against Property- 54
•Crimes Against Society- 8
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ADDITIONAL USEFUL INFORMATION
• For more information regarding specific geographical crime data, visit www.crimemapping.com and enter your zip code
• Police Department information line- (909) 350-7740
• Police Department Dispatch non-emergency line- (909) 350-7700 • Anonymous crime reporting (909) 356-TIPS to leave a recorded message
• Report Graffiti on City Property- (909) 350-GONE
• Office of the Chief- (909) 350-7702 or [email protected] 301
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0933 Agenda Date: 4/28/2026
Agenda #: L. Category: Consent Calendar
FROM:
Innovation & Technology
SUBJECT:
Authorize the Renewal of VMware Software Licensing
RECOMMENDATION:
1. Authorize the Purchasing Division to procure VMware maintenance and support utilizing NASPO State of California Participating Addendum Contract AR2472 (Addendum 7-17-70-40-05) in accordance with Purchasing Policies and Procedure Manual 3.1.5 Non-Competitive Proposal - Purchase by Another Agency.
2. Approve the purchase from Sidepath, Inc. of Laguna Hills, CA as the authorized reseller in the amount of $119,380.00.
COUNCIL GOALS:
· Operate in a businesslike manner by improving services through the effective use of technology.
· 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.
DISCUSSION:
The City relies on its VMware virtualization platform as the foundation of its server and storage infrastructure. VMware supports the City’s critical applications, public safety systems, enterprise services, and internal departmental tools by providing a stable and efficient environment for hosting a large percentage of the City’s systems and applications.
To ensure the reliability, security, and continuity of these systems, annual maintenance and support must be renewed. This renewal entitles the City to continue using the VMware software that powers the virtual environment. Without current licensing, the virtual environment would cease to function entirely, and the systems and applications running on it would become unavailable.
Continuing VMware maintenance and support is a planned lifecycle renewal and does not expand services or introduce new functionality. Instead, it maintains the stability, reliability and performance of core technology systems that support virtually all City departments and operations.
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File #: 26-0933 Agenda Date: 4/28/2026
Agenda #: L. Category: Consent Calendar
FISCAL IMPACT:
The fiscal impact associated with the approval of this item is $119,380 and is included in the FY25-26 Innovation and Technology budget in the Hardware Replacement Project #02621003.
MOTION:
Approve staff recommendation.
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Quotation
Date:02/26/2522892 Mill Creek DriveLaguna Hills, CA 92653 Quotation #:SIDQ52698Phone (949)748-8700; Fax (949)748-8706www.sidepath.com Valid Until:03/28/25Prepared By:Kristen NoremProject ID:SIDPROJECT49433 Ship To:Bill To:City of Fontana City of FontanaChris Beck Attn:Chris BeckAttn:8353 Sierra AveFontana, CA 92335-3528 8353 Sierra AveFontana, CA 92335-3528Phone:(909) 350-6791 Phone:(909) 350-6791Email:[email protected] Email:[email protected] Qty Item Code Description Unit Price Ext. PriceNASPO State of California Participating Addendum 7-17-70-40-05 Contract AR2472 VMWare VCF 3 Year Commit - AnnualizedYear 1 - 04/08/2025 - 04/07/2026 508 $235.00 $119,380.00VCF-CLD-FND-5 VMWARE CLOUD FOUNDATION 5 - Year 1 - 02/04/2025 -02/03/2026Year 2 - 04/08/2026 - 04/07/2027 508 $235.00 $119,380.00VCF-CLD-FND-5 VMWARE CLOUD FOUNDATION 5 - Year 2 - 02/04/2026 -02/03/2027Year 3 - 04/08/2027 - 04/07/2028 508 $235.00 $119,380.00VCF-CLD-FND-5 VMWARE CLOUD FOUNDATION 5 - Year 3 - 02/04/2027 -02/03/2028Payment Terms from Ship Date: NET 30Pricing does not include Sales Tax or Shipping/Handling unless specifically stated in quote. Product Total $358,140.00CA Shipments: CA Electronic Waste Recycling (eWaste) Fee will apply to monitors, laptops or tablets. Taxes $0.00Shipping $0.00Grand Total $358,140.00Unless you have a separate written agreement that specifically applies to this order, your order will be subject to and governed by Sidepath's Purchasing Terms and Conditions,which are located at: www.sidepath.com/terms. The Purchasing Terms and Conditions are incorporated herein by reference and available in hard copy upon your request.Note: Sidepath will collect sales tax for orders shipped to these six states: AZ, CA, MA, NV, TX and WA. For orders shipped outside of these six states, it will be the customer'sresponsibility to report the tax as Sales & Use Tax.Please contact me if I can be of further assistance.
THANK YOU FOR YOUR BUSINESS!
Accepted by:_________________________________ Title:_______________________________ Date:___________ PO:_______________________ If you have any questions regarding this quotation, please contact:Krunal Patel | (949) 396-3743 | [email protected] document is proprietary and confidential and is intended solely for the recipient. No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient. Page 1 of 1Sidepath -508c VCF - 3y Annual 304
STATE OF CALIFORNIA
PARTICIPATING ADDENDUM NUMBER 7-17-70-40-05
AMENDMENT 2
Cloud Solutions
Utah NASPO ValuePoint Master Agreement Number AR2472
Carahsoft Technology Corp. (Contractor)
The parties mutually agree to amend Participating Addendum 7-17-70-40-05 as follows:
1) Section 3. TERMS AND CONDITIONS/INCORPORATION OF DOCUMENTS is updated to read as follows:
A. Terms and conditions listed below are hereby incorporated by reference and made a part of this Participating Addendum as if attached herein and shall apply to the purchase of goods or services made under this Participating Addendum.
Terms can be viewed on the DGS Procurement Division website (https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division- Resources-List-Folder/Model-Contract-Language).
i. General Provisions – Information Technology (GSPD-401IT) effective 9/5/2014.
ii. Cloud Computing Software as a Service (SaaS) General Provisions effective 6/7/2019.
iii. Cloud Computing Special Provisions for Software as a Service (SaaS) effective 03/15/18.
iv. Cloud Computing Special Provisions for Infrastructure as a Service (IaaS) & Platform as a Service (PaaS), effective 05/11/16.
2) Section 5. AVAILABLE PRODUCTS AND SERVICES is updated to read as follows:
A. The following service offerings from the Utah NASPO ValuePoint Master Agreement Number AR2472 are allowed under this Participating Addendum:
1) Software as a Service (SaaS)
2) Infrastructure as a Service (IaaS)
3) Platform as a Service (PaaS)
3) Section 6. RESTRICTIONS/DISALLOWED PRODUCTS AND SERVICES (STATE AGENCIES ONLY) is updated to read as follows:
A. The following product/service offerings are disallowed for state agencies under this Participating Addendum:
1) Value Added Services, including Additional Value Added Services such as Maintenance Services; Deployment Services; Consulting/Advisory Services; Architectural Design Services; Statement of Work Services; Partner Services, and Training Deployment Services
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Participating Addendum 7-17-70-40-05
Amendment 2
B. Product and service categories that are available on mandatory California statewide contracts cannot be purchased from this Participating Addendum by State agencies without an exemption. Prior to issuing a purchase order, State agencies are responsible for obtaining an exemption from DGS, and/or California Department of Technology (CDT).
C. State agencies must first obtain approval by the California Department of Technology (CDT) to use this Participating Addendum for Infrastructure as a Service (IaaS) and/or Platform as a Service (PaaS) purchases in accordance with Technology Letter 17-06 (www.cdt.ca.gov/wp-content/uploads/2017/08/TL- 17-06.pdf).
4) Section 14. CONTRACT MANAGEMENT subpart A is updated to read as follows:
A. The primary Contractor Contract Manager for this Participating Addendum shall be as follows:
Contractor: Carahsoft Technology Corp.
Name: Alex Cord
Phone: 703-871-8500
E-Mail: [email protected]
Address: 11493 Sunset Hills Road, Suite 100
Reston, VA 20190
5) Section 9 FULFILLMENT PARTNERS/AUTHORIZED RESELLERS is updated to read as follows:
A. Contractor may use State-approved Authorized Resellers under this Participating Addendum for sales and service functions as defined herein. 1) Orders may be placed with the Contractor or Authorized Resellers. 2) Authorized Resellers must accept purchase orders and accept payment from ordering agencies for products and services offered under this Participating Addendum.
3) Authorized Resellers are responsible for sending a copy of all purchase orders and invoices to the Contractor for compliance with quarterly usage reporting and administrative fee requirements.
4) All purchase documents to Authorized Resellers shall reference the Participating Addendum Number and Contractor Name.
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Participating Addendum 7-17-70-40-05
Amendment 2
B. Contractor shall be responsible for successful performance and compliance with all requirements in accordance with the terms and conditions under this Participating Addendum, even if work is performed by Authorized Resellers. All State policies, guidelines, and requirements shall apply to Authorized Resellers.
C. Contractor will be the sole point of contact with regard to Participating Addendum contractual matters, reporting, and administrative fee requirements.
D. Subject to the approval of the State, Authorized Resellers may be added on a quarterly basis during the term of the contract. Contractors shall notify the State of any deleted Authorized Resellers or changes to current Authorized Resellers’ contact information in writing at any time during the contract term.
E. Contractor will be required to submit Authorized Reseller requests, in a format specified by the State, to the State Contract Administrator for approval.
F. State
-approved Authorized Resellers will be posted on the State’s Cal eProcure website.
All other terms and conditions of the Participating Addendum shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date of execution by both parties below.
STATE OF CALIFORNIA
Department of General Services
CONTRACTOR
Carahsoft Technology Corp.
Agency Name Contractor Name
Authorized Signature Date Signed Authorized Signature Date Signed
Printed Name/Title of Person Signing Printed Name/Title of Person Signing 707 Third Street
West Sacramento, CA 95605
11493 Sunset Hills Road, Suite 100
Reston, VA 20190
Address Address
8/11/2021
Kristina Smith - Director of Contracts
August 11, 2021
Stephanne Lim, MAU2 Supervisor
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City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0935 Agenda Date: 4/28/2026
Agenda #: M. Category: Consent Calendar
FROM:
Public Works
SUBJECT:
Final Acceptance of Heritage Community Center Pool Plastering Project (PW-26-70-SB) RECOMMENDATION:
1. Accept as complete the work performed by California Landscape and Design, Inc. for the Heritage Community Center Pool Plastering project (PW-26-70-SB).
2. Authorize the City Manager to approve the additional contract authorization increase amount of $22,378.00.
COUNCIL GOALS:
· Invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
DISCUSSION:
On January 13th, 2026, the City Council awarded a construction contract to California Landscape and Design, Inc. for the Heritage Community Center Pool Plastering project in the amount of $151,219.00 and authorized a 10% contingency in the amount of $15,122.00 for a total contract authorization amount of $166,341.00.
There were two contract change orders for this project:
1. Change Order No. 1, in the amount of $9,500.00, was for the removal and replacement of five (5) existing sets of pool wall entry steps, and the repair of a 12-foot-long exposed crack in the concrete coping overhang above the overflow gutter trough of the large pool. This change order increased the total contract amount to $160,719.00.
2. Change Order No. 2, in the amount of $28,000.00, was needed to repair eroded surfaces inside the overflow gutter trough, which were discovered during the demolition process. This change order increased the total contract amount to $188,719.00.
California Landscape and Design, Inc. completed the project to the City’s satisfaction, and all work was accepted by the City on March 27, 2026, for a final contract amount of $188,719.00.
The final retention payment will be released thirty-five (35) days after the filing of the Notice of Completion with the County Recorder’s Office.
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File #: 26-0935 Agenda Date: 4/28/2026
Agenda #: M. Category: Consent Calendar
FISCAL IMPACT:
There is no fiscal impact associated with the approval of this item. Funding in the final contract amount of $188,719.00 was budgeted in Org# 60437200.8130 in the current FY 2025/2026 operating budget.
MOTION:
Approve Staff Recommendation
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City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0941 Agenda Date: 4/28/2026
Agenda #: N. Category: Consent Calendar
FROM:
Development Services
SUBJECT:
Purchase and Sale Agreement- 15166 Foothill Blvd
RECOMMENDATION:
1. Approve a Purchase & Sale Agreement for the purchase of the associated land located at 15166 Foothill Boulevard, Fontana, CA 92335 specifically described as APN 1110-161-08 in the amount of $3,200,000 plus escrow costs and related acquisition fees.
2. Authorize the purchase of that certain Real Property specifically described as APN 1110-161- 08 comprised of approximately 2.30 acres (“Property”) from Aldea Foothill Two, LLC.
3. Authorize the City Manager to enter into 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.
· Concentrate on Inter-governmental relations by pursuing financial participation from county, state, and federal governments.
DISCUSSION:
The City of Fontana has been actively addressing the growing demand for affordable and workforce housing. In recent years, we have observed a significant increase in housing needs driven by population growth, economic development, and changes in housing affordability. The Property, if purchased, is being acquired for the purpose of developing vacant land into a multi-family apartment community. The acquisition consists of one parcel with a gross area of approximately 2.30 acres 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 $3,200,000. · Purchase Price will be paid in two installments, with a release of 50% of the purchase price upon approval of the feasibility period and the remaining 50% due upon completion of any required entitlement processing.
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File #: 26-0941 Agenda Date: 4/28/2026
Agenda #: N. Category: Consent Calendar
as appropriate.
· The contract allows for a period of up to 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. Staff anticipates completion of feasibility analysis by the end of April, with the intention of releasing the 50% deposit to the Seller in early May. · Close of Escrow, including payment of the remaining 50% of the Purchase Price, is anticipated to occur within 18 months.
Approval of the Purchase Agreement and acquisition of the subject property represents a strategic opportunity for the City to secure land needed to implement the City’s housing goals and further the community’s long-term affordable housing strategy.
FISCAL IMPACT:
The fiscal impact associated with the approval of this item is estimated to be $3,300,000 (including escrow costs, acquisition fees, and related expenses). The necessary budget is included in the 2025- 2026 budget in the Capital Improvements Fund #602 in 60230000-8310.
MOTION:
Approve staff recommendation.
City of Fontana Printed on 4/23/2026Page 2 of 2
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311
DISCLOSURE REGARDING
REAL ESTATE AGENCY RELATIONSHIP
(As required by the Civil Code)
(C.A.R. Form AD, Revised 12/24)
(If checked) This form is being provided in connection with a transaction for a leasehold interest exceeding one year as per Civil Code §§ 2079.13(j), (k), and (l).
When you enter into a discussion with a real estate agent regarding a real estate transaction, you should from the outset understand what type of agency relationship or representation you wish to have with the agent in the transaction.
SELLER'S AGENT
A Seller's agent under a listing agreement with the Seller acts as the agent for the Seller only. A Seller's agent or a subagent of that agent has the following affirmative obligations:
To the Seller: A Fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Seller.
To the Buyer and the Seller:
(a) Diligent exercise of reasonable skill and care in performance of the agent's duties. (b) A duty of honest and fair dealing and good faith.
(c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above.
BUYER'S AGENT
A Buyer's agent can, with a Buyer's consent, agree to act as agent for the Buyer only. This includes a Buyer's agent under a buyer-broker representation agreement with the Buyer. In these situations, the agent is not the Seller's agent, even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Seller. An agent acting only for a Buyer has the following affirmative obligations:
To the Buyer: A fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Buyer.
To the Buyer and the Seller:
(a) Diligent exercise of reasonable skill and care in performance of the agent's duties. (b) A duty of honest and fair dealing and good faith.
(c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above.
AGENT REPRESENTING BOTH SELLER AND BUYER
A real estate agent, either acting directly or through one or more salespersons and broker associates, can legally be the agent of both the Seller and the Buyer in a transaction, but only with the knowledge and consent of both the Seller and the Buyer.
In a dual agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer:
(a) A fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings with either the Seller or the Buyer. (b) Other duties to the Seller and the Buyer as stated above in their respective sections.
In representing both Seller and Buyer, a dual agent may not, without the express permission of the respective party, disclose to the other party confidential information, including, but not limited to, facts relating to either the Buyer's or Seller's financial position, motivations, bargaining position, or other personal information that may impact price, including the Seller's willingness to accept a price less than the listing price or the Buyer's willingness to pay a price greater than the price offered.
SELLER AND BUYER RESPONSIBILITIES
Either the purchase agreement or a separate document will contain a confirmation of which agent is representing you and whether that agent is representing you exclusively in the transaction or acting as a dual agent. Please pay attention to that confirmation to make sure it accurately reflects your understanding of your agent's role.
The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect their own interests. You should carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate agent is a person qualified to advise about real estate. If legal or tax advice is desired, consult a competent professional.
If you are a Buyer, you have the duty to exercise reasonable care to protect yourself, including as to those facts about the property which are known to you or within your diligent attention and observation.
Both Sellers and Buyers should strongly consider obtaining tax advice from a competent professional because the federal and state tax consequences of a transaction can be complex and subject to change.
Throughout your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting in the transaction. The law requires each agent with whom you have more than a casual relationship to present you with this disclosure form. You should read its contents each time it is presented to you, considering the relationship between you and the real estate agent in your specific transaction.This disclosure form includes the provisions of §§ 2079.13 to 2079.24, inclusive, of the Civil Code set forth on page 2. Read it carefully.
Note: Real estate broker commissions are not set by law and are fully negotiable.
I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS DISCLOSURE AND THE PORTIONS OF THE CIVIL CODE PRINTED ON THE SECOND PAGE.
Buyer Seller Landlord Tenant Date
Buyer Seller Landlord Tenant Date
Agent DRE Lic. #
Real Estate Broker (Firm)
By DRE Lic. # Date
(Salesperson or Broker-Associate, if any)
AD REVISED 12/24 (PAGE 1 OF 2)
DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (AD PAGE 1 OF 2) Phone: Fax:
Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com
✘ City of Fontana
CA 15166 FOOTHILL B
Mohammad Monshizadeh
03/23/2026
312
CIVIL §§ 2079.13 - 2079.24 (2079.16 APPEARS ON THE FRONT) 2079.13. As used in this section and §§ 2079.7 and 2079.14 to 2079.24, inclusive, the following terms have the following meanings:
(a) “Agent” means a person acting under provisions of Title 9 (commencing with § 2295) in a real property transaction, and includes a person who is licensed as a real estate broker under Chapter 3 (commencing with § 10130) of Part 1 of Division 4 of the Business and Professions Code, and under whose license a listing is executed or an offer to purchase is obtained. The agent in the real property transaction bears responsibility for that agent's salespersons or broker associates who perform as agents of the agent. When a salesperson or broker associate owes a duty to any principal, or to any buyer or seller who is not a principal, in a real property transaction, that duty is equivalent to the duty owed to that party by the broker for whom the salesperson or broker associate functions.(b) “Buyer” means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through an agent, or who seeks the services of an agent in more than a casual, transitory, or preliminary manner, with the object of entering into a real property transaction. “Buyer” includes a vendee or lessee of real property.(c) “Commercial real property” means all real property in the state, except (1) single-family residential real property, (2) dwelling units made subject to Chapter 2 (commencing with § 1940) of Title 5, (3) a mobilehome, as defined in § 798.3, (4) vacant land, or (5) a recreational vehicle, as defined in § 799.29.(d) “Dual agent” means an agent acting, either directly or through a salesperson or broker associate, as agent for both the seller and the buyer in a real property transaction. (e) “Listing agreement” means a written contract between a seller of real property and an agent, by which the agent has been authorized to sell the real property or to find or obtain a buyer, including rendering other services for which a real estate license is required to the seller pursuant to the terms of the agreement.(f) “Seller's agent” means a person who has obtained a listing of real property to act as an agent for compensation. (g) “Listing price” is the amount expressed in dollars specified in the listing for which the seller is willing to sell the real property through the seller's agent. (h) “Offering price” is the amount expressed in dollars specified in an offer to purchase for which the buyer is willing to buy the real property. (i) “Offer to purchase” means a written contract executed by a buyer acting through a buyer's agent that becomes the contract for the sale of the real property upon acceptance by the seller.(j) “Real property” means any estate specified by subdivision (1) or (2) of § 761 in property, and includes (1) single-family residential property, (2) multiunit residential property with more than four dwelling units, (3) commercial real property, (4) vacant land, (5) a ground lease coupled with improvements, or (6) a manufactured home as defined in § 18007 of the Health and Safety Code, or a mobilehome as defined in § 18008 of the Health and Safety Code, when offered for sale or sold through an agent pursuant to the authority contained in § 10131.6 of the Business and Professions Code.(k) “Real property transaction” means a transaction for the sale of real property in which an agent is retained by a buyer, seller, or both a buyer and seller to act in that transaction, and includes a listing or an offer to purchase.(l) “Single-family residential property” or “single-family residential real property” means any of the following: (1) Real property improved with one to four dwelling units, including a leasehold exceeding one year's duration. (2) A unit in a residential stock cooperative, condominium, or planned unit development. (3) A mobilehome or manufactured home when offered for sale or sold through a real estate broker pursuant to § 10131.6 of the Business and Professions Code. (m) “Sell,” “sale,” or “sold” refers to a transaction for the transfer of real property from the seller to the buyer and includes exchanges of real property between the seller and buyer, transactions for the creation of a real property sales contract within the meaning of § 2985, and transactions for the creation of a leasehold exceeding one year's duration.(n) “Seller” means the transferor in a real property transaction and includes an owner who lists real property with an agent, whether or not a transfer results, or who receives an offer to purchase real property of which he or she is the owner from an agent on behalf of another. “Seller” includes both a vendor and a lessor of real property.(o) “Buyer's agent” means an agent who represents a buyer in a real property transaction. (p) “Buyer-broker representation agreement” means a written contract between a buyer of real property and a buyer's agent by which the buyer's agent has been authorized by the buyer to provide services set forth in subdivision (a) of § 10131 of the Business and Professions Code for or on behalf of the buyer for which a real estate license is required pursuant to the terms of the contract. 2079.14. (a)A copy of the disclosure form specified in § 2079.16 shall be provided in a real property transaction as follows: (1) The seller's agent, if any, shall provide the disclosure form to the seller before entering into a listing agreement. (2) The buyer's agent shall provide the disclosure to the buyer as soon as practicable before the execution of a buyer-broker representation agreement and execution of the buyer's offer to purchase. If the offer to purchase is not prepared by the buyer's agent, the buyer's agent shall present the disclosure form to the buyer not later than the next business day after receiving the offer to purchase from the buyer.(b) The agent providing the disclosure form specified in § 2079.16 shall obtain a signed acknowledgement of receipt from the buyer or seller except as provided in § 2079.15. 2079.15. In any circumstance in which the seller or buyer refuses to sign an acknowledgment of receipt pursuant to § 2079.14, the agent shall set forth, sign, and date a written declaration of the facts of the refusal. 2079.16 Reproduced on Page 1 of this AD form.
2079.17(a) As soon as practicable, the buyer's agent shall disclose to the buyer and seller whether the agent is acting in the real property transaction as the buyer's agent, or as a dual agent representing both the buyer and the seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller, the buyer, and the buyer's agent prior to or coincident with execution of that contract by the buyer and the seller, respectively.(b) As soon as practicable, the seller's agent shall disclose to the seller whether the seller's agent is acting in the real property transaction as the seller's agent, or as a dual agent representing both the buyer and seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller and the seller's agent prior to or coincident with the execution of that contract by the seller.(c) The confirmation required by subdivisions (a) and (b) shall be in the following form:
Seller's Brokerage Firm DO NOT COMPLETE. SAMPLE ONLY License Number ______________ Is the broker of (check one): the seller; or both the buyer and seller. (dual agent) Seller's Agent DO NOT COMPLETE. SAMPLE ONLY License Number ______________ Is (check one): the Seller's Agent. (salesperson or broker associate) both the Buyer's and Seller's Agent. (dual agent) Buyer's Brokerage Firm DO NOT COMPLETE. SAMPLE ONLY License Number ______________ Is the broker of (check one): the buyer; or both the buyer and seller. (dual agent) Buyer's Agent DO NOT COMPLETE. SAMPLE ONLY License Number ______________ Is (check one): the Buyer's Agent. (salesperson or broker associate) both the Buyer's and Seller's Agent. (dual agent) (d) The disclosures and confirmation required by this section shall be in addition to the disclosure required by § 2079.14. An agent's duty to provide disclosure and confirmation of representation in this section may be performed by a real estate salesperson or broker associate affiliated with that broker. 2079.18 (Repealed pursuant to AB-1289)
2079.19 The payment of compensation or the obligation to pay compensation to an agent by the seller or buyer is not necessarily determinative of a particular agency relationship between an agent and the seller or buyer. A listing agent and a selling agent may agree to share any compensation or commission paid, or any right to any compensation or commission for which an obligation arises as the result of a real estate transaction, and the terms of any such agreement shall not necessarily be determinative of a particular relationship. 2079.20 Nothing in this article prevents an agent from selecting, as a condition of the agent's employment, a specific form of agency relationship not specifically prohibited by this article if the requirements of § 2079.14 and § 2079.17 are complied with. 2079.21 (a)A dual agent may not, without the express permission of the seller, disclose to the buyer any confidential information obtained from the seller. (b) A dual agent may not, without the express permission of the buyer, disclose to the seller any confidential information obtained from the buyer.(c) “Confidential information” means facts relating to the client's financial position, motivations, bargaining position, or other personal information that may impact price, such as the seller is willing to accept a price less than the listing price or the buyer is willing to pay a price greater than the price offered.(d) This section does not alter in any way the duty or responsibility of a dual agent to any principal with respect to confidential information other than price. 2079.22 Nothing in this article precludes a seller's agent from also being a buyer's agent. If a seller or buyer in a transaction chooses to not be represented by an agent, that does not, of itself, make that agent a dual agent. 2079.23 (a)A contract between the principal and agent may be modified or altered to change the agency relationship at any time before the performance of the act which is the object of the agency with the written consent of the parties to the agency relationship.(b) A lender or an auction company retained by a lender to control aspects of a transaction of real property subject to this part, including validating the sales price, shall not require, as a condition of receiving the lender's approval of the transaction, the homeowner or listing agent to defend or indemnify the lender or auction company from any liability alleged to result from the actions of the lender or auction company. Any clause, provision, covenant, or agreement purporting to impose an obligation to defend or indemnify a lender or an auction company in violation of this subdivision is against public policy, void, and unenforceable. 2079.24 Nothing in this article shall be construed to either diminish the duty of disclosure owed buyers and sellers by agents and their associate licensees, subagents, and employees or to relieve agents and their associate licensees, subagents, and employees from liability for their conduct in connection with acts governed by this article or for any breach of a fiduciary duty or a duty of disclosure.
Published and Distributed by: REAL ESTATE BUSINESS SERVICES, LLC.a subsidiary of the California Association of REALTORS® AD REVISED 12/24 (PAGE 2 OF 2)
DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (AD PAGE 2 OF 2) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com 15166 FOOTHILL B 313
VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW
INSTRUCTIONS
(C.A.R. FORM VLPA, Revised 6/25)
Date Prepared:
1. OFFER:
A. THIS IS AN OFFER FROM (“Buyer”).
Individual(s), A Corporation, A Partnership, An LLC, Other .
B. THE PROPERTY to be acquired is , situated
in (City), (County), California, (Zip Code),
Assessor's Parcel No(s). (“Property”).
Further Described As .
(Postal/Mailing address may be different from city jurisdiction. Buyer is advised to investigate.) C. THE TERMS OF THE PURCHASE ARE SPECIFIED BELOW AND ON THE FOLLOWING PAGES.
D. Buyer and Seller are referred to herein as the "Parties." Brokers and Agents arenot Parties to this Agreement.
2. AGENCY:
A. DISCLOSURE: The Parties each acknowledge receipt of a “Disclosure Regarding Real Estate Agency Relationship” (C.A.R.
Form AD) if represented by a real estate licensee. Buyer's Agent is not legally required to give to Seller's Agent the AD form Signed by Buyer. Seller's Agent is not legally obligated to give to Buyer's Agent the AD form Signed by Seller.
B. CONFIRMATION: The following agency relationships are here confirmed for this transaction.
Seller's Brokerage Firm License Number
Is the broker of (check one): the Seller; or both the Buyer and Seller (Dual Agent).
Seller's Agent License Number
Is (check one): the Seller's Agent (Salesperson or broker associate); or both the Buyer's and Seller's Agent (Dual Agent).
Buyer's Brokerage Firm License Number
Is the broker of (check one): the Buyer; or both the Buyer and Seller (Dual Agent).
Buyer's Agent License Number
Is (check one): the Buyer's Agent (Salesperson or broker associate); or both the Buyer's and Seller's Agent (Dual Agent).
C. More than one Brokerage represents Seller, Buyer. See, Additional Broker Acknowledgement (C.A.R. Form ABA).
D. POTENTIALLY COMPETING BUYERS AND SELLERS: The Parties each acknowledge receipt of a “Possible Representation of More than One Buyer or Seller - Disclosure and Consent” (C.A.R. Form PRBS).
3. TERMS OF PURCHASE AND ALLOCATION OF COSTS:The items in this paragraph are contractual terms of the Agreement.
Referenced paragraphs provide further explanation. This form is 17 pages. The Parties are advised to read all 17 pages.
Para # Paragraph Title or Contract
Term
Terms and Conditions Additional Terms
A 5, 5B (cash) Purchase Price $ All Cash
B Close Of Escrow (COE)
OR on
C 40A Expiration of Offer 3 calendar days after all Buyer Signature(s) or (date) at 5PM
or AM/ PM
D(1) 5A(1) Initial Deposit Amount $ ( % of purchase price) (% number above is for calculation purposes
and is not a contractual term)
within 3 (or ) business days
after Acceptance by wire transfer
OR
D(2) 5A(2) Increased Deposit See attached Increased Deposit Addendum (C.A.R. Form IDA) E(1) 5C(1) Loan Amount(s): First
Interest Rate
Points
$ ( % of purchase price)
Fixed rate or Initial adjustable rate
● not to exceed %
● Buyer to pay up to points to obtain
rate above
Conventional or, if checked,
Seller Financing
Assumed Financing
Subject To Financing
Other:
E(2) 5C(2) Additional Financed Amount
Interest Rate
Points
$ ( % of purchase price)
Fixed rate or Initial adjustable rate
● not to exceed %
● Buyer to pay up to points to obtain
rate above
Conventional or, if checked,
Seller Financing
Assumed Financing
Subject To Financing
Other:
E(3) 7A Intended Use Investment OR
F 5D Balance of Down Payment $
PURCHASE PRICE TOTAL $
G SELLER PAYMENT TO COVER BUYER EXPENSES AND COSTS
G(1) 5E Seller Credit to Buyer $ For closing costs
G(2) ADDITIONAL FINANCE TERMS:
© 2025, California Association of REALTORS®, Inc.
VLPA REVISED 6/25 (PAGE 1 OF 17) Buyer's Initials / Seller's Initials / VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 1 OF 17) Phone: Fax:
Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com
February 11, 2026
City of Fontana
✘ ✘ Municipal Coprporation
15166 FOOTHILL BLVD
FONTANA SAN BERNARDINO 92335 8026
1110-161-08-0-000
ARROWHEAD V1NEYARD TR NO 1 W 165 FT E 330 FT LOTS 52 AND 53 EX S 20 FT OF LOT 52 HGWY 2.30 AC MCO Developemnt, Inc. 02121643
✘
Mohammad Monshizadeh 01861923
✘
✘
3,200,000.00 ✘
✘
03/31/2026
100,000.00 3.12 5
✘Funds Acceptable to Escrow
✘
✘
3,100,000.00
3,200,000.00
CA 15166 FOOTHILL B
Mohammad Monshizadeh
!"#$ "%&'( )**'+&",*'
-."&'/5/31/2027
(Less Applicable Option funds per addendum)
Buyer discretion
314
Property Address: Date:
G(3) 21A Seller Payment for Buyer's
Obligation to compensate Buyer's
Broker
Seller agrees to pay to Buyer's Broker, out of the transaction proceeds, % of the final purchase price AND, if applicable $ OR,
if checked $ .
Para # Paragraph Title or Contract
Term
Terms and Conditions Additional Terms
H(1) 5B Verification of All Cash(sufficient
funds)
Attached to the offer or 3 (or ) Days
after Acceptance
H(2) 6A Verification of Down Payment and
Closing Costs
Attached to the offer or 3 (or ) Days
after Acceptance
H(3) 6B Verification of Loan Application Attached to the offer or 3 (or ) Days after Acceptance
Prequalification Preapproval
Fully underwritten preapproval
I Intentionally Left Blank
J 19 Final Verification of Condition 5 (or ) Days prior to COE K 26 Assignment Request 17 (or ) Days after Acceptance
L CONTINGENCIES TIME TO REMOVE CONTINGENCIES CONTINGENCY REMOVED L(1) 8A Loan(s) 17 (or ) Days after Acceptance No loan contingency L(2) 8B Appraisal: Appraisal contingency
based upon appraised value at a
minimum of purchase price or
$
17 (or ) Days after Acceptance No appraisal contingency Removal of appraisal contingency
does not eliminate appraisal
cancellation rights in FVAC.
L(3) 8C Purchase of Manufactured Home
Buyer has (or has not) entered
into contract to purchase a personal
property manufactured home
17 (or ) Days after Acceptance
Shall remain in effect until the Close Of Escrow
of the Property REMOVAL OR WAIVER OF
CONTINGENCY:
L(4) 8D Construction Loan Financing
A draw from the construction loan will
not (or will) be used to finance the
Property
17 (or ) Days after Acceptance
L(5) 8E, 15 Investigation of Property 17 (or ) Days after Acceptance Informational Access to Property 17 (or ) Days after Acceptance Buyer's right to access the Property for informational purposes only isNOT a contingency and doesNOT create additional cancellation rights for Buyer.
L(6) 8F Insurance 17 (or ) Days after Acceptance CR-B attached L(7) 8G, 17A Review of Seller Documents 17 (or ) Days after Acceptance, or 5 Days after Delivery, whichever is later
L(8) 8H, 16A Preliminary ("Title") Report 17 (or ) Days after Acceptance or 5 Days after Delivery, whichever is later
L(9) 8I, 11E Common Interest Disclosures
Per Civil Code § 4525 or this
Agreement
17 (or ) Days after Acceptance or 5 Days
after Delivery, whichever is later
L(10) 8J, 9B(2) Review of leased or liened items
(E.g. solar panels or propane tanks)
17 (or ) Days after Acceptance, or 5 Days
after Delivery, whichever is later
L(11) 8M Sale of Buyer's Property
Sale of Buyer's property is not a
contingency, UNLESS checked here:
C.A.R. Form COP attached
Possession Time for Performance Additional Terms
M 3R Vacant Lot Delivery
Lease/tenant in place
Upon notice of recordation
On COE Date
Property to be delivered subject to
tenant rights, except
.
N Documents/Fees/Compliance Time for Performance
N(1) 17A Seller Delivery of Documents 7 (or ) Days after Acceptance N(2) 22B Sign and return Escrow Holder
General Provisions, Supplemental
Instructions
5 (or ) Days after receipt
N(3) 11E(2) Time to pay fees for ordering HOA
Documents
3 (or ) Days after Acceptance
N(4) 36 Evidence of representative authority 3 Days after Acceptance O Intentionally Left Blank
P Items Included and Excluded
P(1) 9 Items Included - All items specified in Paragraph 9B are included and the following, if checked:
. . .
VLPA REVISED 6/25 (PAGE 2 OF 17) Buyer's Initials / Seller's Initials / VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 2 OF 17) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com
15166 FOOTHILL BLVD, FONTANA, CA 92335 8026 February 11, 2026 60 60
15166 FOOTHILL B
315
Property Address: Date:
P(2) 9 Excluded Items:
; ; ;
Q Allocation of Costs
Para # Item Description Who Pays (if Both is checked, cost to be split equally unless Otherwise Agreed)
Additional Terms
Q(1) Natural Hazard Zone Disclosure
Report, including tax information
Buyer Seller Both Environmental
Other
Provided by:
Q(2) 15B(1)(D) Environmental Survey (Phase I) Buyer Seller Both Q(3) 10 Gov't Point of Sale Requirements
Inspections and reports
Buyer Seller Both
Q(4) 22B Escrow Fees Buyer Seller Both
Each to pay their own fees
Escrow Holder:
Q(5) 16 Owner's title insurance policy Buyer Seller Both Title Company (If different from Escrow Holder):
Q(6) Buyer's Lender title insurance policy Buyer Unless Otherwise Agreed, Buyer shall purchase any title insurance
policy insuring Buyer's lender.
Q(7) County transfer tax, fees Buyer Seller Both
Q(8) City transfer tax, fees Buyer Seller Both
Q(9) 11E(2) HOA fee for preparing disclosures Seller
Q(10) HOA certification fee Buyer
Q(11) HOA transfer fees Buyer Seller Both Unless Otherwise Agreed, Seller shall pay for separate HOA move-
out fee and Buyer shall pay for
separate move-in fee. Applies if
separately billed or itemized with
cost in transfer fee.
Q(12) Private transfer fees Seller, or if checked, Buyer Both Q(13) (A) Reports
(B) Reports
Buyer Seller Both
Buyer Seller Both
Q(14) (A) fees/costs
(B) fees/costs
Buyer Seller Both
Buyer Seller Both
R 12 Additional Tenancy Documents Income and Expense Statements Tenant Estoppel Certificate S OTHER TERMS:
4. PROPERTY ADDENDA AND ADVISORIES:(check all that apply) A. PROPERTY TYPE ADDENDA: This Agreement is subject to the terms contained in the Addenda checked below:
Probate Agreement Purchase Addendum (C.A.R. Form PA-PA) Residential Units Purchase Addendum (C.A.R. Form RU-PA) Other
B. OTHER ADDENDA: This Agreement is subject to the terms contained in the Addenda checked below:
Addendum # (C.A.R. Form ADM) Short Sale Addendum (C.A.R. Form SSA) Back Up Offer Addendum (C.A.R. Form BUO) Court Confirmation Addendum (C.A.R. Form CCA) Assumed Financing Addendum (C.A.R. Form AFA)
Septic, Well, Property Monument and Propane Addendum (C.A.R. Form SWPI) Buyer Intent to Exchange Addendum (C.A.R. Form BXA) Seller Intent to Exchange Addendum (C.A.R. Form SXA) Other Other
C. BUYER AND SELLER ADVISORIES: (Note: All Advisories below are provided for reference purposes only and are not intended to be incorporated into this Agreement.)
Buyer's Vacant Land Additional Investigation Advisory (C.A.R. Form BVLIA) Fair Housing and Discrimination Advisory (C.A.R. Form FHDA) Wire Fraud Advisory (C.A.R. Form WFA) Cal. Consumer Privacy Act Advisory (C.A.R. Form CCPA) (Parties may also receive a privacy disclosure from their own Agent.) Wildfire Disaster Advisory (C.A.R. Form WFDA) Statewide Buyer and Seller Advisory (C.A.R. Form SBSA) Trust Advisory (C.A.R. Form TA) Probate Advisory (C.A.R. Form PA) REO Advisory (C.A.R. Form REO) Other
Other Other
VLPA REVISED 6/25 (PAGE 3 OF 17) Buyer's Initials / Seller's Initials / VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 3 OF 17) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com
15166 FOOTHILL BLVD, FONTANA, CA 92335 8026 February 11, 2026 ✘
MyNHD
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Not Applicable
Additional Terms in Addendum forms
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15166 FOOTHILL B
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5. ADDITIONAL TERMS AFFECTING PURCHASE PRICE:Buyer represents that funds will be good when deposited with Escrow Holder.
A. DEPOSIT:
(1) INITIAL DEPOSIT:Buyer shall deliver deposit directly to Escrow Holder. If a method other than wire transfer is specified in paragraph 3D(1) and such method is unacceptable to Escrow Holder, then upon notice from Escrow Holder, delivery shall be by wire transfer.
(2) RETENTION OF DEPOSIT: Paragraph 37, if initialed by all Parties or otherwise incorporated into this Agreement, specifies a remedy for Buyer's default. Buyer and Seller are advised to consult with a qualified California real estate attorney: (i) Before adding any other clause specifying a remedy (such as release or forfeiture of deposit or making a deposit non-refundable) for failure of Buyer to complete the purchase. Any such clause shall be deemed invalid unless the clause independently satisfies the statutory liquidated damages requirements set forth in the Civil Code; and (ii) Regarding possible liability and remedies if Buyer fails to deliver the deposit.
B. ALL CASH OFFER: If an all cash offer is specified inparagraph 3A, no loan is needed to purchase the Property. This Agreement is NOT contingent on Buyer obtaining a loan. Buyer shall, within the time specified inparagraph 3H(1), Deliver written verification of funds sufficient for the purchase price and closing costs.
C. LOAN(S):
(1) FIRST LOAN: This loan will provide for conventional financingUNLESS Seller Financing (C.A.R. Form SFA), Assumed Financing, Subject to Financing, or Other is checked inparagraph 3E(1). (2) ADDITIONAL FINANCED AMOUNT:If an additional financed amount is specified inparagraph 3E(2), that amount will provide for conventional financing UNLESS Seller Financing (C.A.R. Form SFA), Assumed Financing, Subject To Financing, or Other is checked inparagraph 3E(2).
(3) BUYER'S LOAN STATUS: Buyer authorizes Seller and Seller's Authorized Agent to contact Buyer's lender(s) to determine the status of any Buyer's loan specified inparagraph 3E, or any alternate loan Buyer pursues, whether or not a contingency of this Agreement. If the contact information for Buyer's lender(s) is different from that provided under the terms ofparagraph 6B, Buyer shall Deliver the updated contact information within 1 Day of Seller's request. (4) ASSUMED OR SUBJECT TO FINANCING:Seller represents that Seller is not delinquent on any payments due on any loans. If the Property is acquired subject to an existing loan, Buyer and Seller are advised to consult with legal counsel regarding the ability of an existing lender to call the loan due, and the consequences thereof.
D. BALANCE OF PURCHASE PRICE (DOWN PAYMENT, paragraph 3F)(including all-cash funds) to be deposited with Escrow Holder pursuant to Escrow Holder instructions.
E. LIMITS ON CREDITS TO BUYER:Any credit to Buyer as specified inparagraph 3G(1)or Otherwise Agreed, from any source, for closing or other costs that is agreed to by the Parties (“Contractual Credit”) shall be disclosed to Buyer's lender, if any, and made at Close Of Escrow. If the total credit allowed by Buyer's lender (“Lender Allowable Credit”) is less than the Contractual Credit, then(i) the Contractual Credit from Seller shall be reduced to the Lender Allowable Credit, and(ii) in the absence of a separate written agreement between the Parties, there shall be no automatic adjustment to the purchase price to make up for the difference between the Contractual Credit and the Lender Allowable Credit.
6. ADDITIONAL FINANCING TERMS:
A. VERIFICATION OF DOWN PAYMENT AND CLOSING COSTS:Written verification of Buyer's down payment and closing costs, within the time specifiedin paragraph 3H(2)may be made by Buyer or Buyer's lender or loan broker pursuant toparagraph 6B.
B. VERIFICATION OF LOAN APPLICATIONS:Buyer shall Deliver to Seller, within the time specified inparagraph 3H(3)a letter from Buyer's lender or loan broker stating that, based on a review of Buyer's written application and credit report, Buyer is prequalified or preapproved for any NEW loan specified inparagraph 3E. If any loan specified in paragraph 3E is an adjustable rate loan, the prequalification or preapproval letter shall be based on the qualifying rate, not the initial loan rate.
C. BUYER STATED FINANCING: Seller is relying on Buyer's representation of the type of financing specified (including, but not limited to, as applicable, all cash, amount of down payment, or contingent or non-contingent loan). Seller has agreed to a specific closing date, purchase price, and to sell to Buyer in reliance on Buyer's specified financing. Buyer shall pursue the financing specified in this Agreement, even if Buyer also elects to pursue an alternative form of financing. Seller has no obligation to cooperate with Buyer's efforts to obtain any financing other than that specified in this Agreement but shall not interfere with closing at the purchase price on the COE date (paragraph 3B) even if based upon alternate financing. Buyer's inability to obtain alternate financing does not excuse Buyer from the obligation to purchase the Property and close escrow as specified in this Agreement.
7. CLOSING AND POSSESSION:
A. INTENDED USE:Buyer intends to use the Property as indicated inparagraph 3E(3). Intended use may impact available financing.
B. CONDITION OF PROPERTY ON CLOSING: Unless Otherwise Agreed: (i) the Property shall be delivered “As-Is” in its PRESENT physical condition as of the date of Acceptance; (ii) the Property, including pool, spa, landscaping and grounds, is to be maintained in substantially the same condition as on the date of Acceptance; and (iii) all debris and personal property not included in the sale shall be removed by Close Of Escrow or at the time possession is delivered to Buyer, if not on the same date. If items are not removed when possession is delivered to Buyer, all items shall be deemed abandoned. Buyer, after first Delivering to Seller written notice to remove the items within3 Days, may pay to have such items removed or disposed of and may bring legal action, as per this Agreement, to receive reasonable costs from Seller.
C. Buyer is strongly advised to conduct investigations of the entire Property in order to determine its present condition.
Seller and Agents may not be aware of all defects affecting the Property or other factors that Buyer considers important.
Property improvements may not be built according to code, in compliance with current Law, or have had all required permits issued and/or finalized.
D. Seller shall, on Close Of Escrow unless Otherwise Agreed and even if Seller remains in possession, provide keys, passwords, codes and/or means to operate all locks, mailboxes, and all items included in eitherparagraph 3Por paragraph 9. If the Property is a condominium or located in a common interest development, Seller shall be responsible for securing or providing any such items for Association amenities, facilities, and access. Buyer may be required to pay a deposit to the Owners' Association (“HOA”) to obtain keys to accessible HOA facilities.
8. CONTINGENCIES AND REMOVAL OF CONTINGENCIES:
A. LOAN(S):
(1) This Agreement is,unless otherwise specified in paragraph 3L(1) or an attached CR form, contingent upon Buyer obtaining the loan(s) specified. If contingent, Buyer shall act diligently and in good faith to obtain the designated loan(s).If there is no appraisal contingency or the appraisal contingency has been waived or removed, then failure of the Property to appraise at the purchase price does not entitle Buyer to exercise the cancellation right pursuant to the loan contingency if Buyer is otherwise qualified for the specified loan and Buyer is able to satisfy lender's non-appraisal conditions for closing the loan.
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(2) Buyer is advised to investigate the insurability of the Property as early as possible, as this may be a requirement for lending.
Buyer's ability to obtain insurance for the Property, including fire insurance, is part of Buyer's Insurance contingency. Failure of Buyer to obtain insurance may justify cancellation based on the Insurance contingency but not the loan contingency. (3) Buyer's contractual obligations regarding deposit, balance of down payment and closing costsare not contingenciesof this Agreement, unless Otherwise Agreed.
(4) If there is an appraisal contingency, removal of the loan contingency shall not be deemed removal of the appraisal contingency. (5) NO LOAN CONTINGENCY:If "No loan contingency" is checked inparagraph 3L(1), obtaining any loan specified is NOT a contingency of this Agreement. If Buyer does not obtain the loan specified, and as a result is unable to purchase the Property, Seller may be entitled to Buyer's deposit or other legal remedies.
B. APPRAISAL:
(1) This Agreement is,unless otherwise specified in paragraph 3L(2) or an attached CR form, contingent upon a written appraisal of the Property by a licensed or certified appraiser at no less than the amount specified inparagraph 3L(2), without requiring repairs or improvements to the Property. Appraisals are often a reliable source to verify square footage of the subject Property. However, the ability to cancel based on the measurements provided in an appraisal falls within the Investigation of Property contingency. The appraisal contingency is solely limited to the value determined by the appraisal.
For any cancellation based upon this appraisal contingency, Buyer shall Deliver a Copy of the written appraisal to Seller, upon request by Seller.
(2) NO APPRAISAL CONTINGENCY:If "No appraisal contingency" is checked inparagraph 3L(2), then Buyer may not use the loan contingency specified inparagraph 3L(1)to cancel this Agreement if the sole reason for not obtaining the loan is that the appraisal relied upon by Buyer's lender values the property at an amount less than that specified inparagraph 3L(2). If Buyer is unable to obtain the loan specified solely for this reason, Seller may be entitled to Buyer's deposit or other legal remedies.
(3) Fair Appraisal Act:See paragraph 33for additional information.
C. MANUFACTURED HOME PURCHASE: If checked inparagraph 3L(3), this Agreement is contingent upon Buyer acquiring a personal property manufactured home to be placed on the Property after Close Of Escrow.
D. CONSTRUCTION LOAN FINANCING: If checked inparagraph 3L(4), this Agreement is contingent upon Buyer obtaining a construction loan.
E. INVESTIGATION OF PROPERTY: This Agreement is, as specified inparagraph 3L(5), contingent upon Buyer's acceptance of the condition of, and any other matter affecting, the Property.
F. INSURANCE: This Agreement is, as specified inparagraph 3L(6), contingent upon Buyer's assessment of the availability and approval of the cost for any insurance policy desired under this Agreement.
G. REVIEW OF SELLER DOCUMENTS: This Agreement is, as specified inparagraph 3L(7), contingent upon Buyer's review and approval of Seller's documents required inparagraph 17A.
H. TITLE:
(1) This Agreement is, as specified inparagraph 3L(8), contingent upon Buyer's ability to obtain the title policy provided for in paragraph 16Gand on Buyer's review of a current Preliminary Report and items that are disclosed or observable even if not on record or not specified in the Preliminary Report, and satisfying Buyer regarding the current status of title. Buyer is advised to review all underlying documents and other matters affecting title, including, but not limited to, any documents or deeds referenced in the Preliminary Report and any plotted easements. (2) Buyer has5 Daysafter receipt to review a revised Preliminary Report, if any, furnished by the Title Company and cancel the transaction if the revised Preliminary Report reveals material or substantial deviations from a previously provided Preliminary Report.
I. CONDOMINIUM/PLANNED DEVELOPMENT DISCLOSURES (IF APPLICABLE): This Agreement is, as specified in paragraph 3L(9), contingent upon Buyer's review and approval of Common Interest Disclosures required by Civil Code § 4525 and underparagraph 11E(“CI Disclosures”).
J. BUYER REVIEW OF LEASED OR LIENED ITEMS CONTINGENCY:Buyer's review of and ability and willingness to assume any lease, maintenance agreement or other ongoing financial obligation, or to accept the Property subject to any lien, disclosed pursuant to paragraph 9B(2), is, as specified in paragraph 3L(10), a contingency of this Agreement. Any assumption of the lease shall not require any financial obligation or contribution by Seller. Seller, after first Delivering a Notice to Buyer to Perform, may cancel this Agreement if Buyer, by the time specified inparagraph 3L(10), refuses to enter into any necessary written agreements to accept responsibility for all obligations of Seller-disclosed leased or liened items.
K. REMOVAL OR WAIVER OF CONTINGENCIES WITH OFFER: Buyer shall have no obligation to remove a contractual contingency unless Seller has provided all required documents, reports, disclosures, and information pertaining to that contingency. If Buyer does remove a contingency without first receiving all required information from Seller, Buyer is relinquishing any contractual rights that apply to that contingency.If Buyer removes or waives any contingencies without an adequate understanding of the Property's condition or Buyer's ability to purchase, Buyer is acting against the advice of Agent.
L. REMOVAL OF CONTINGENCY OR CANCELLATION:
(1) For any contingency specified in paragraph 3L, 8, or elsewhere Buyer shall, within the applicable period specified, remove the contingency or cancel this Agreement. (2) For the contingencies for review of Seller Documents, Preliminary Report, and Condominium/Planned Development Disclosures, Buyer shall, within the time specified inparagraph 3L or 5 Days after Delivery of the applicable Seller Documents, Preliminary Report, or CI Disclosures, whichever occurs later, remove the applicable contingency in writing or cancel this Agreement.
(3) If Buyer does not remove a contingency within the time specified, Seller, after first giving Buyer a Notice to Buyer to Perform (C.A.R. Form NBP), shall have the right to cancel this Agreement.
M. SALE OF BUYER'S PROPERTY:This Agreement and Buyer's ability to obtain financing are NOT contingent upon the sale of any property owned by Buyer unless the Sale of Buyer's Property (C.A.R. Form COP) is checked as a contingency of this Agreement inparagraph 3L(11).
9. ITEMS INCLUDED IN AND EXCLUDED FROM SALE:
A. NOTE TO BUYER AND SELLER:Items listed as included or excluded in the Multiple Listing Service (MLS), flyers, marketing materials, or disclosures are NOT included in the purchase price or excluded from the sale unless specified in this paragraph or paragraph 3Por as Otherwise Agreed. Any items included herein are components of the Property and are not intended to affect the price. All items are transferred without Seller warranty.
B. ITEMS INCLUDED IN SALE:
(1) All EXISTING fixtures and fittings that are attached to the Property; VLPA REVISED 6/25 (PAGE 5 OF 17) Buyer's Initials / Seller's Initials / VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 5 OF 17) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com
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(2) LEASED OR LIENED ITEMS AND SYSTEMS:Seller, within the time specified inparagraph 3N(1), shall (i) disclose to Buyer if any item or system specified inparagraph 3Por 9B or otherwise included in the sale is leased, or not owned by Seller, or is subject to any maintenance or other ongoing financial obligation, or specifically subject to a lien or other encumbrance or loan, and(ii) Deliver to Buyer all written materials (such as lease, warranty, financing, etc.) concerning any such item.
(3) Seller represents that all items included in the purchase price, unless Otherwise Agreed,(i) are owned by Seller and shall be transferred free and clear of liens and encumbrances, except the items and systems identified pursuant toparagraph 9B(2), and(ii) are transferred without Seller warranty regardless of value. Seller shall cooperate with the identification of any software or applications and Buyer's efforts to transfer any services needed to operate any Smart Home Features or other items included in this Agreement, including, but not limited to, utilities or security systems. (4) A complete inventory of all personal property of Seller currently used in the operation of the Property and included in the purchase price shall be delivered to Buyer within the time specified inparagraph 3N(1). (5) Seller shall deliver title to the personal property by Bill of Sale, free of all liens and encumbrances, and without warranty of condition.
(6) As additional security for any note in favor of Seller for any part of the purchase price, Buyer shall execute a UCC-1 Financing Statement to be filed with the Secretary of State, covering the personal property included in the purchase, replacement thereof, and insurance proceeds.
C. ITEMS EXCLUDED FROM SALE:Unless Otherwise Agreed, all items specified inparagraph 3P(2)are excluded from the sale.
10. ALLOCATION OF COSTS
A. INSPECTIONS, REPORTS, TESTS, AND CERTIFICATES: Paragraphs 3Q(1), (2), (3),and (13) only determine who is to pay for the inspection, report, test, certificate or service mentioned; it does not determine who is to pay for any work recommended or identified in any such document. Agreements for payment of required work should be specified elsewhere in paragraph 3Q, or 3S, or in a separate agreement (such as C.A.R. Forms RR, RRRR, ADM or AEA).Any reports in these paragraphs shall be Delivered in the time specified inParagraph 3N(1).
B. GOVERNMENT POINT OF SALE REQUIREMENTS:Point of sale inspections and reports refer to any such actions required to be completed before or after Close Of Escrow that are required in order to close under any Law. If any point of sale requirement requires repairs, retrofits or additional costs beyond an inspection or report, further written agreement regarding costs is required.
If an agreement is reached, and unless Parties Otherwise Agree to another time period, any such repair, retrofit, or work shall be completed prior to final verification of Property. If Buyer agrees to pay for any portion of such repair, Buyer, shall(i) directly pay to the vendor completing the repair or(ii) provide an invoice to Escrow Holder, deposit funds into escrow sufficient to pay for Buyer's portion of such repair and request Escrow Holder pay the vendor completing the repair. If agreement is not reached within the time for removing the Buyer Investigation contingency, then either party may cancel the Agreement.
11. SELLER DISCLOSURES:
A. WITHHOLDING TAXES: Buyer and Seller hereby instruct Escrow Holder to withhold the applicable required amounts to comply with federal and California withholding Laws and forward such amounts to the Internal Revenue Service and Franchise Tax Board, respectively. However, no federal withholding is required if, prior to Close Of Escrow, Seller Delivers(i) to Buyer and Escrow Holder a fully completed affidavit (C.A.R. Form AS) sufficient to avoid withholding pursuant to federal withholding Law (FIRPTA);OR (ii)to a qualified substitute (usually a title company or an independent escrow company) a fully completed affidavit (C.A.R. Form AS) sufficient to avoid withholding pursuant to federal withholding Law AND the qualified substitute Delivers to Buyer and Escrow Holder an affidavit signed under penalty of perjury (C.A.R. Form QS) that the qualified substitute has received the fully completed Seller's affidavit and the Seller states that no federal withholding is required;OR (iii)to Buyer other documentation satisfying the requirements under Internal Revenue Code § 1445 (FIRPTA). No withholding is required under California Law if, prior to Close Of Escrow, Escrow Holder has received sufficient documentation from Seller that no withholding is required, and Buyer has been informed by Escrow Holder.
B. MEGAN'S LAW DATABASE DISCLOSURE: Notice: Pursuant to § 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender's criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides. (Neither Seller nor Agent are required to check this website. If Buyer wants further information, Agent recommends that Buyer obtain information from this website during Buyer's investigation contingency period. Agents do not have expertise in this area.) C. NOTICE REGARDING GAS AND HAZARDOUS LIQUID TRANSMISSION PIPELINES:This notice is being provided simply to inform you that information about the general location of gas and hazardous liquid transmission pipelines is available to the public via the National Pipeline Mapping System (NPMS) Internet Web site maintained by the United States Department of Transportation at http://www.npms.phmsa.dot.gov/. To seek further information about possible transmission pipelines near the Property, you may contact your local gas utility or other pipeline operators in the area. Contact information for pipeline operators is searchable by ZIP Code and county on the NPMS Internet Website. (Neither Seller nor Agent are required to check this website. If Buyer wants further information, Agent recommends that Buyer obtain information from this website during Buyer's investigation contingency period. Agents do not have expertise in this area.) D. NATURAL AND ENVIRONMENTAL HAZARDS:Seller shall, within the time specified inparagraph 3N(1), if required by Law:
(i) Deliver to Buyer the earthquake guide and environmental hazards booklet, and for all residential property with 1-4 units and any manufactured or mobile home built before January 1, 1960, fully complete and Deliver the Residential Earthquake Risk Disclosure Statement; and(ii) even if exempt from the obligation to provide a NHD, disclose if the Property is located in a Special Flood Hazard Area; Potential Flooding (Inundation) Area; Very High Fire Hazard Zone; State Fire Responsibility Area; Earthquake Fault Zone; Seismic Hazard Zone; and(iii) disclose any other zone as required by Law and provide any other information required for those zones.
E. CONDOMINIUM/PLANNED DEVELOPMENT DISCLOSURES:
(1) Seller shall, within the time specified inparagraph 3N(1), disclose to Buyer whether the Property is a condominium or is located in a planned development, other common interest development, or otherwise subject to covenants, conditions, and restrictions (C.A.R. Form SPQ or ESD).
(2) If the Property is a condominium or is located in a planned development or other common interest development with a HOA, Seller shall, within the time specified inparagraph 3N(3), order from, and pay any required fee as specified inparagraph 3Q(9) for the following items to the HOA (C.A.R. Form HOA-IR):(i) Copies of any documents required by Law (C.A.R. Form HOA-RS);(ii) disclosure of any pending or anticipated claim or litigation by or against the HOA;(iii) a statement containing the location and number of designated parking and storage spaces;(iv) Copies of the most recent 12 months of HOA minutes for regular and special meetings;(v) the names and contact information of all HOAs governing the Property;(vi) pet restrictions; and (vii) smoking restrictions (“CI Disclosures”). Seller shall itemize and Deliver to Buyer all CI Disclosures received from the HOA and any CI Disclosures in Seller's possession. Seller shall, as directed by Escrow Holder, deposit funds into escrow or direct to HOA or management company to pay for any of the above.
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F. SOLAR POWER SYSTEMS: For properties with any solar panels or solar power systems, Seller shall, within the time specified inparagraph 3N(1), Deliver to Buyer all known information about the solar panels or solar power system. Seller shall use the Solar Advisory and Questionnaire (C.A.R. Form SOLAR).
G. ADDITIONAL DISCLOSURES: Within the time specified inparagraph 3N(1), if Seller has actual knowledge, Seller shall provide to Buyer, in writing, the following information:
(1) LEGAL PROCEEDINGS: Any lawsuits by or against Seller, threatening or affecting the Property, including any lawsuits alleging a defect or deficiency in the Property or common areas, or any known notices of abatement or citations filed or issued against the Property.
(2) AGRICULTURAL USE:Whether the Property is subject to restrictions for agricultural use pursuant to the Williamson Act (Government Code §§ 51200-51295).
(3) DEED RESTRICTIONS:Any deed restrictions or obligations. (4) FARM USE:Whether the Property is in, or adjacent to, an area with Right to Farm rights (Civil Code § 3482.5 and § 3482.6). (5) ENDANGERED SPECIES:Presence of endangered, threatened, “candidate” species, or wetlands on the Property. (6) ENVIRONMENTAL HAZARDS: Any substances, materials, or products that may be an environmental hazard including, but not limited to, asbestos, formaldehyde, radon gas, lead-based paint, fuel or chemical storage tanks, and contaminated soil or water on the Property.
(7) COMMON WALLS: Any features of the Property shared in common with adjoining landowners, such as walls, fences, roads, and driveways, and agriculture and domestic wells whose use or responsibility for maintenance may have an effect on the Property.
(8) LANDLOCKED: The absence of legal or physical access to the Property. (9) EASEMENTS/ENCROACHMENTS: Any encroachments, easements, or similar matters that may affect the Property. (10) SOIL FILL:Any fill (compacted or otherwise), or abandoned mining operations on the Property. (11) SOIL PROBLEMS:Any slippage, sliding, flooding, drainage, grading, or other soil problems. (12) EARTHQUAKE DAMAGE:Major damage to the Property of any of the structures from fire, earthquake, floods, or landslides. (13) ZONING ISSUES:Any zoning violations, non-conforming uses, or violations of “setback” requirements. (14) NEIGHBORHOOD PROBLEMS:Any neighborhood noise problems, or other nuisances. (15) SURVEY, PLANS, PERMITS AND ENGINEERING DOCUMENTS:If in Seller's possession, Copies of surveys, plans, specifications, permits and approvals, development plans, licenses, and engineering documents, if any, prepared on Seller's behalf on in Seller's possession.
(16) VIOLATION NOTICES: Seller shall disclose any notice of violations of any Law filed or issued against the Property.
H. MELLO-ROOS TAX; 1915 BOND ACT:Within the time specified inparagraph 3N(1), Seller shall:(i) make a good faith effort to obtain a notice from any local agencies that levy a special tax or assessment on the Property (or, if allowed, substantially equivalent notice), pursuant to the Mello-Roos Community Facilities Act, and Improvement Bond Act of 1915, and(ii) promptly Deliver to Buyer any such notice obtained.
I. KNOWN MATERIAL FACTS: Seller shall, within the time specified inparagraph 3N(1), DISCLOSE KNOWN MATERIAL FACTS AND DEFECTS affecting the Property, including, but not limited to, known insurance claims within the past five years, or provide Buyer with permission to contact insurer to get such information (C.A.R. Form ARC), and make any and all other disclosures required by Law.
J. SELLER VACANT LAND QUESTIONNAIRE:Seller shall, within the time specified inparagraph 3N(1), complete and provide Buyer with a Seller Vacant Land Questionnaire (C.A.R. Form VLQ).
K. SUBSEQUENT DISCLOSURES: In the event Seller, prior to Close Of Escrow, becomes aware of adverse conditions materially affecting the Property, or any material inaccuracy in disclosures, information, or representations previously provided to Buyer, Seller shall promptly Deliver a subsequent or amended disclosure or notice, in writing, covering those items.
However, a subsequent or amended disclosure shall not be required for conditions and material inaccuracies of which Buyer is otherwise aware or which are disclosed in reports provided to or obtained by Buyer or ordered and paid for by Buyer.
12. TENANCY RELATED DISCLOSURES:Within the time specified inparagraph 3N(1), and subject to Buyer's right of review, Seller shall disclose, make available or Deliver, as applicable, to Buyer, the following information:
A. RENTAL/SERVICE AGREEMENTS: (i) All current leases, rental agreements, service contracts, and other agreements pertaining to the operation of the Property;(ii) A rental statement including names of tenants, rental rates, period or rental, date of last rent increase, security deposits, rental concessions, rebates or other benefits, if any, and a list of delinquent rents and their duration. Seller represents that no tenant is entitled to any rebate, concession, or other benefit, except as set forth in these documents. Seller represents that the documents to be furnished are those maintained in the ordinary and normal course of business.
B. INCOME AND EXPENSE STATEMENTS: If checked in paragraph 3R, the books and records for the Property, if any, including a statement of income and expense for the 12 months preceding Acceptance. Seller represents that the books and records are those maintained in the ordinary and normal course of business and used by Seller in the computation of federal and state income tax returns.
C. TENANT ESTOPPEL CERTIFICATES: If checked inparagraph 3R, Tenant Estoppel Certificates (C.A.R. Form TEC). Tenant Estoppel Certificates shall be completed by Seller or Seller's agent and delivered to tenant(s) for tenant(s) to sign and acknowledge: (i) that tenant(s)' rental or lease agreements are unmodified and in full force and effect, (or if modified, stating all such modifications);(ii) that no lessor defaults exist; and(iii) stating the amount of any prepaid rent or security deposit. Seller shall exercise good faith to obtain tenant(s)' signature(s), but Seller cannot guarantee tenant(s)' cooperation. In the event Seller cannot obtain signed Tenant Estoppel Certificates within the time specified above, Seller shall notify Buyer and provide the unsigned one that was provided to tenant(s). If, after the time specified for Seller to Deliver the TEC to Buyer, any tenant(s) sign and return a TEC to Seller, Seller shall Deliver that TEC to Buyer.
D. SELLER REPRESENTATIONS: Unless otherwise disclosed underparagraph 11, paragraph 12, or under any disclosure Delivered to Buyer:
(1) Seller represents that Seller has no actual knowledge that any tenant(s): (i) has any current pending lawsuit(s), investigation(s), Inquiry(ies), action(s), or other proceeding(s) affecting the Property of the right to use and occupy it;(ii) has any unsatisfied mechanics or materialman lien(s) affecting the Property; and(iii) is the subject of a bankruptcy. If Seller receives any such notice, prior to Close Of Escrow, Seller shall immediately notify Buyer. (2) Seller represents that no tenant is entitled to any rebate, concessions, or other benefit, except as set forth in the rental service agreements.
(3) Seller represents that the documents to be furnished are those maintained in the ordinary and normal course of business and the income and expense statements are and used by Seller in the computation of federal and state income tax returns.
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13. CHANGES DURING ESCROW:
A. Prior to Close Of Escrow, Seller may engage in the following acts (“Proposed Changes”), subject to Buyer's rights in paragraph 13B: (i)rent or lease any vacant unit or other part of the premises;(ii) alter, modify, or extend any existing rental or lease agreement; (iii) enter into, alter, modify, or extend any service contract(s); or(iv) change the status of the condition of the Property.
B. (1) At least7 Daysprior to any Proposed Changes, Seller shall Deliver written notice to Buyer of such Proposed Change (2) Within 5 Days after receipt of such notice, Buyer, in writing, may give Seller notice of Buyer's objection to the Proposed Changes in which case Seller shall not make the Proposed Changes.
14. SECURITY DEPOSITS:Security deposits, if any, to the extent they have not been applied by Seller in accordance with any rental agreement and current Law, shall be transferred to Buyer on Close Of Escrow. Seller shall notify each tenant, in compliance with the California Civil Code.
15. BUYER'S INVESTIGATION OF PROPERTY AND MATTERS AFFECTING PROPERTY:
A. Buyer shall, within the time specified inparagraph 3L(5), have the right, at Buyer's expense unless Otherwise Agreed, to conduct inspections, investigations, tests, surveys and other studies (“Buyer Investigations”).
B. Buyer Investigations include, but are not limited to:
(1) Inspections regarding any physical attributes of the Property or items connected to the Property, such as:
(A) A general inspection.
(B) An inspection for lead-based paint and other lead-based paint hazards. (C) An inspection specifically for wood destroying pests and organisms. Any inspection for wood destroying pests and organisms shall be prepared by a registered Structural Pest Control company; shall cover the main building and attached structures; may cover detached structures; shall NOT include water tests of shower pans on upper level units unless the owners of property below the shower consent; shall NOT include roof coverings; and, if the Property is a unit in a condominium or other common interest subdivision, the inspection shall include only the separate interest and any exclusive-use areas being transferred, and shall NOT include common areas; and shall include a report (“Pest Control Report”) showing the findings of the company which shall be separated into sections for evident infestation or infections (Section 1) and for conditions likely to lead to infestation or infection (Section 2). (D) A phase one environmental survey, paid for and obtained by the party indicated inparagraph 3Q(2). If Buyer is responsible for obtaining and paying for the survey, Buyer shall act diligently and in good faith to obtain such survey within the time specified inparagraph 3L(5). Buyer has5 Days after receiving the survey to remove this portion of the Buyer's Investigation contingency.
(E) Any other specific inspections of the physical condition of the land and improvements. (2) Buyer Investigations of any other matter affecting the Property, other than those that are specified as separate contingencies.
Buyer Investigations do not include, among other things, an assessment of the availability and cost of general homeowner's insurance, flood insurance, and fire insurance. See, Buyer's Vacant Land Additional Inspection Advisory (C.A.R. Form BVLIA) for more.
C. Without Seller's prior written consent, Buyer shall neither make nor cause to be made:(i) invasive or destructive Buyer Investigations, except for minimally invasive testing required to prepare a Pest Control Report, which shall not include any holes or drilling through stucco or similar material; or(ii) inspections by any governmental building or zoning inspector or government employee, unless required by Law.
D. Seller shall make the Property available for all Buyer Investigations. Seller is not obligated to move any existing personal property.
Seller shall have water, gas, electricity and all operable pilot lights on for Buyer's Investigations and through the date possession is delivered to Buyer. Buyer shall,(i) by the time specified inparagraph 3L(5), complete Buyer Investigations and satisfy themselves as to the condition of the Property, and either remove the contingency or cancel this Agreement, and(ii) by the time specified in paragraph 3L(5) or 3 Days after receipt of any Investigation report, whichever is later, give Seller at no cost, complete Copies of all such reports obtained by Buyer, which obligation shall survive the termination of this Agreement. This Delivery of Investigation reports shall not include any appraisal.
E. Buyer indemnity and Seller protection for entry upon the Property:Buyer shall: (i) keep the Property free and clear of liens; (ii) repair all damage arising from Buyer Investigations; and(iii) indemnify and hold Seller harmless from all resulting liability, claims, demands, damages and costs. Buyer shall carry, or Buyer shall require anyone acting on Buyer's behalf to carry, policies of liability, workers' compensation and other applicable insurance, defending and protecting Seller from liability for any injuries to persons or property occurring during any Buyer Investigations or work done on the Property at Buyer's direction prior to Close Of Escrow. Seller is advised that certain protections may be afforded Seller by recording a “Notice of Non-Responsibility” (C.A.R. Form NNR) for Buyer Investigations and work done on the Property at Buyer's direction. Buyer's obligations under this paragraph shall survive the termination of this Agreement.
F. BUYER IS STRONGLY ADVISED TO INVESTIGATE THE CONDITION AND SUITABILITY OF ALL ASPECTS OF THE
PROPERTY AND ALL MATTERS AFFECTING THE VALUE OR DESIRABILITY OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE ITEMS SPECIFIED BELOW. IF BUYER DOES NOT EXERCISE THESE RIGHTS, BUYER IS ACTING AGAINST THE ADVICE OF BROKERS. BUYER UNDERSTANDS THAT ALTHOUGH CONDITIONS ARE OFTEN
DIFFICULT TO LOCATE AND DISCOVER, ALL REAL PROPERTY CONTAINS CONDITIONS THAT ARE NOT READILY APPARENT AND THAT MAY AFFECT THE VALUE OR DESIRABILITY OF THE PROPERTY. BUYER AND SELLER ARE
AWARE THAT BROKERS DO NOT GUARANTEE, AND IN NO WAY ASSUME RESPONSIBILITY FOR, THE CONDITION OF THE PROPERTY. BROKERS HAVE NOT AND WILL NOT VERIFY ANY OF THE ITEMS IN PARAGRAPH 15, UNLESS OTHERWISE AGREED IN WRITING.
G. SIZE, LINES, ACCESS, AND BOUNDARIES: Lot size, property lines, legal or physical access, and boundaries including features of the Property shared in common with adjoining landowners, such as walls, fences, roads, and driveways, whose use or responsibility for maintenance may have an effect on the Property and any encroachments, easements, or similar matters that may affect the Property. (Fences, hedges, walls, and other natural or constructed barriers or markers do not necessarily identify true Property boundaries. Property lines may be verified by survey.) (Unless otherwise specified in writing, any numerical statements by Brokers regarding lot size are APPROXIMATIONS ONLY, which have not been and will not be verified, and should not be relied upon by Buyer.)
H. ZONING AND LAND USE: Past, present, or proposed laws, ordinances, referendums, initiatives, votes, applications, and permits affecting the current use of the Property, future development, zoning, building, size, governmental permits and inspections. Any zoning violations, non-conforming uses, or violations of “setback' requirements. (Buyer should also investigate whether these matters affect Buyer's intended use of the Property.
I. UTILITIES AND SERVICES: Availability, costs, restrictions, and location of utilities and services, including but not limited to, sewerage, sanitation, septic and leach lines, water, electricity, gas, telephone, cable TV, and drainage.
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J. ENVIRONMENTAL HAZARDS: Potential environmental hazards, including but not limited to, asbestos, lead-based paint and other lead contamination, radon, methane, other gases, fuel, oil or chemical storage tanks, contaminated soil or water, hazardous waste, waste disposal sites, electromagnetic fields, nuclear sources, and other substances, including mold (airborne, toxic, or otherwise), fungus or similar contaminant, materials, products, or conditions.
K. GEOLOGIC CONDITIONS: Geologic/seismic conditions, soil and terrain stability, suitability and drainage including slippage, sliding, flooding, drainage, grading, fill (compacted or otherwise), or other soil problems.
L. NATURAL HAZARD ZONE: Special Flood Hazard Areas, Potential Flooding (Inundation) Areas, Very High Hazard Zones, State Fire Responsibility Areas, Earthquake Fault Zones, Seismic Hazard Zones, or any other zone for which disclosure is required by Law.
M. PROPERTY DAMAGE: Major damage to the Property of any of the structures or non-structural systems and components and any personal property included in the sale from fire, earthquake, floods, landslides, or other causes.
N. NEIGHBORHOOD, AREA, AND PROPERTY CONDITIONS: Neighborhood or are conditions, including Agricultural Use Restrictions pursuant to the Williamson Act (Government Code §§ 51200-51295), Right to Farm Laws (Civil Code § 3482.5 and § 3482.6), schools, proximity and adequacy of law enforcement, crime statistics, the proximity of registered felons or offenders, fire protection, other government services, availability, adequacy, and cost of any speed-wired, wireless internet connections, or other telecommunications or other technology services and installations, proximity to commercial, industrial, or agricultural activities, existing and proposed transportation, construction and development that may affect noise, view, or traffic, airport noise, noise or odor from any source, abandoned mining operations on the Property, wild and domestic animals, other nuisances, hazards, or circumstances, protected species, wetland properties, botanical diseases, historic or other governmentally protected sites or improvements, cemeteries, facilities and condition of common areas of common interest subdivisions, and possible lack of compliance with any governing documents or Owners' Association requirements, conditions, and influences of significance to certain cultures and/or religions, and personal needs, requirements, and preferences of Buyer.
O. COMMON INTEREST SUBDIVISIONS; OWNER ASSOCIATIONS:Facilities and condition of common areas (facilities such as pools, tennis courts, walkways, or other areas co-owned in undivided interest with others), Owners' Association that has any authority over the subject property, CC&Rs, or other deed restrictions or obligations, and possible lack of compliance with any Owners' Association requirements.
P. SPECIAL TAX: Any local agencies that levy a special tax on the Property pursuant to the Mello-Roos Community facilities Act or Improvement Bond Act of 1915.
Q. RENTAL PROPERTY RESTRICTIONS: Some cities and counties impose restrictions that limit the amount of rent that can be charged, the maximum number of occupants, and the right of landlord to terminate a tenancy.
R. MANUFACTURED HOME PLACEMENT:Conditions that may affect the ability to place and use a manufactured home on the Property.
16. TITLE AND VESTING:
A. Buyer shall, within the time specified inparagraph 3N(1), be provided a current Preliminary Report by the person responsible for paying for the title report inparagraph 3Q(5). If Buyer is responsible for paying, Buyer shall act diligently and in good faith to obtain such Preliminary Report within the time specified. The Preliminary Report is only an offer by the title insurer to issue a policy of title insurance and may not contain every item affecting title. The company providing the Preliminary Report shall, prior to issuing a Preliminary Report, conduct a search of the General Index for all Sellers except banks or other institutional lenders selling properties they acquired through foreclosure (REOs), corporations, and government entities.
B. Title is taken in its present condition subject to all encumbrances, easements, covenants, conditions, restrictions, rights and other matters, whether of record or not, as of the date of Acceptance except for:(i) monetary liens of record unless Buyer is assuming those obligations or taking the Property subject to those obligations; and(ii) those matters which Seller has agreed to remove in writing. For any lien or matter not being transferred upon sale, Seller will take necessary action to deliver title free and clear of such lien or matter.
C. Seller shall within7 Daysafter request, give Escrow Holder necessary information to clear title.
D. Seller shall, within the time specified inparagraph 3N(1), disclose to Buyer all matters known to Seller affecting title, whether of record or not.
E. If Buyer is a legal entity and the Property purchase price is at least $300,000 and the purchase price is made without a bank loan or similar form of external financing, a Geographic Targeting Order (GTO) issued by the Financial Crimes Enforcement Network, U.S. Department of the Treasury, requires title companies to collect and report certain information about the Buyer, depending on where the Property is located. Buyer agrees to cooperate with the title company's effort to comply with the GTO.
F. Buyer shall, after Close Of Escrow, receive a recorded grant deed or any other conveyance document required to convey title (For example, for stock cooperative or tenancy in common, respectively, an assignment of stock certificate or assignment of seller's interest in the real property), including oil, mineral and water rights if currently owned by Seller. Title shall vest as designated in Buyer's vesting instructions. The recording document shall contain Buyer's post-closing mailing address to enable Buyer's receipt of the recorded conveyance document from the County Recorder. THE MANNER OF TAKING TITLE MAY HAVE SIGNIFICANT LEGAL AND TAX CONSEQUENCES. CONSULT AN APPROPRIATE PROFESSIONAL.
G. Buyer shall receive a Standard Coverage Owner's CLTA policy of title insurance. An ALTA policy or the addition of endorsements may provide greater coverage for Buyer. A title company, at Buyer's request, can provide information about the availability, desirability, coverage, and cost of various title insurance coverages and endorsements. If Buyer desires title coverage other than that required by this paragraph, Buyer shall instruct Escrow Holder in writing and shall pay any increase in cost.
17. TIME PERIODS; REMOVAL OF CONTINGENCIES; CANCELLATION RIGHTS: The following time periods may only be extended, altered, modified or changed by mutual written agreement. Any removal of contingencies or cancellation under this paragraph by either Buyer or Seller must be exercised in good faith and in writing (C.A.R. Form CR-B, CR-S or CC).
A. SELLER DELIVERY OF DOCUMENTS:Seller shall, within the time specified inparagraph 3N(1), Deliver to Buyer all reports, disclosures and information ("Reports") for which Seller is responsible as specified inparagraphs 9B(2), 10, 11A, 11D-J, 12A, 12B, 12C, 16A, 16D, and 36.
B. BUYER REVIEW OF DOCUMENTS; REPAIR REQUEST; CONTINGENCY REMOVAL OR CANCELLATION (1) Buyer has the time specified inparagraph 3 to: (i) perform Buyer Investigations; review all disclosures, Reports, lease documents to be assumed by Buyer pursuant toparagraph 9B(2), and other applicable information, which Buyer receives from Seller; and approve all matters affecting the Property. (2) Buyer may, within the time specified inparagraph 3L(5), request that Seller make repairs or take any other action regarding the Property (C.A.R. Form RR). Seller has no obligation to agree to or respond to Buyer's requests (C.A.R.
Form RR or RRRR). If Seller does not agree or does not respond, Buyer is not contractually entitled to have the repairs or other requests made and may only cancel based on contingencies in this Agreement.
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(3) Buyer shall, by the end of the times specified inparagraph 3L (or as Otherwise Agreed), Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement (C.A.R. Form CR-B or CC). Buyer is advised not to remove contingencies related to review of documents until after the documents have been Delivered. If Delivery of any Report occurs after a contractual contingency pertaining to that Report has already been waived or removed, the Delivery of the Report does not revive the contingency.
(4) Continuation of Contingency:Even after the end of the time specified inparagraph 3Land before Seller cancels, if at all, pursuant to paragraph 17C, Buyer retains the right, in writing, to either(i) remove remaining contingencies, or (ii) cancel this Agreement based on a remaining contingency. Once Buyer's written removal of all contingencies is Delivered to Seller, Seller may not cancel this Agreement pursuant toparagraph 17C(1).
C. SELLER RIGHT TO CANCEL:
(1) SELLER RIGHT TO CANCEL; BUYER CONTINGENCIES:If, by the time specified in this Agreement, Buyer does not Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement, then Seller, after first Delivering to Buyer a Notice to Buyer to Perform (C.A.R. Form NBP), may cancel this Agreement. In such event, Seller shall authorize the return of Buyer's deposit, except for fees incurred by Buyer. (2) SELLER RIGHT TO CANCEL; BUYER CONTRACT OBLIGATIONS:Seller, after first Delivering to Buyer a Notice to Buyer to Perform, may cancel this Agreement if, by the time specified in this Agreement, Buyer does not take the following action(s):
(i) Deposit funds as required byparagraph 3D(1)or 3D(2) or if the funds deposited pursuant toparagraph 3D(1)or 3D(2) are not good when deposited;(ii) Deliver updated contact information for Buyer's lender(s) as required byparagraph 5C(3); (iii) Deliver verification, or a satisfactory verification if Seller reasonably disapproves of the verification already provided, as required by paragraph 5Bor 6A; (iv) Deliver a letter as requiredby paragraph 6B; (v) In writing assume or accept leases or liens specified inparagraph 8J; (vi) Cooperate with the title company's effort to comply with the GTO as required by paragraph 16E; (vii) Sign or initial a separate liquidateddamages form for an increased deposit as required byparagraph 37; (viii) Provide evidence of authority to Sign in arepresentative capacity as specified inparagraph 36; or(ix) Perform any additional Buyer contractual obligation(s) included in this Agreement. In such event, Seller shall authorize the return of Buyer's deposit, except for fees allocated to Seller in this Agreement and already paid by Escrow prior to cancellation of this Agreement and notification to Escrow.
(3) SELLER RIGHT TO CANCEL; SELLER CONTINGENCIES:Seller may cancel this Agreement by good faith exercise of any Seller contingency included in this Agreement, or Otherwise Agreed, so long as that contingency has not already been removed or waived in writing.
D. BUYER RIGHT TO CANCEL:
(1) BUYER RIGHT TO CANCEL; SELLER CONTINGENCIES:If, by the time specified in this Agreement, Seller does not Deliver to Buyer a removal of the applicable contingency or cancellation of this Agreement, then Buyer, after first Delivering to Seller a Notice to Seller to Perform (C.A.R. Form NSP), may cancel this Agreement. In such event, Seller shall authorize the return of Buyer's deposit, except for fees allocated to Seller in the Agreement and already paid by Escrow prior to cancellation of this Agreement and notification to Escrow. (2) BUYER RIGHT TO CANCEL; SELLER CONTRACT OBLIGATIONS:If, by the time specified, Seller has not Delivered any item specified inparagraph 3N(1)or Seller has not performed any Seller contractual obligation included in this Agreement by the time specified, Buyer, after first Delivering to Seller a Notice to Seller to Perform, may cancel this Agreement. (3) BUYER RIGHT TO CANCEL; BUYER CONTINGENCIES:Buyer may cancel this Agreement by good faith exercise of any Buyer contingency included inparagraph 8, or Otherwise Agreed, so long as that contingency has not already been removed in writing.
E. NOTICE TO BUYER OR SELLER TO PERFORM:The Notice to Buyer to Perform or Notice to Seller to Perform shall:(i) be in writing; (ii) be Signed by the applicable Buyer or Seller; and(iii) give the other Party at least2 Daysafter Delivery (or until the time specified in the applicable paragraph, whichever occurs last) to take the applicable action. A Notice to Buyer to Perform or Notice to Seller to Perform may not be Delivered any earlier than2 Daysprior to the Scheduled Performance Day to remove a contingency or cancel this Agreement or meet an obligation specified inparagraph 17, except for Close of Escrow which shall be Delivered under the terms ofparagraph 17G, whether or not the Scheduled Performance Day falls on a Saturday, or Sunday or legal holiday. If a Notice to Buyer to Perform or Notice to Seller to Perform is incorrectly Delivered or specifies a time less than the agreed time, the notice shall be deemed invalid and void. However, if the notice is for multiple items, the notice shall be valid for all contingencies and contractual actions for which the Delivery of the notice is within the time permitted in the Agreement and void as to the others. Seller or Buyer shall be required to Deliver a new Notice to Buyer to Perform or Notice to Seller to Perform with the specified timeframe.
F. EFFECT OF REMOVAL OF CONTINGENCIES:
(1) REMOVAL OF BUYER CONTINGENCIES:If Buyer removes any contingency or cancellation rights, unless Otherwise Agreed, Buyer shall conclusively be deemed to have:(i) completed all Buyer Investigations, and review of Reports and other applicable information and disclosures pertaining to that contingency or cancellation right;(ii) elected to proceed with the transaction; and (iii) assumed all liability, responsibility and expense for the non-delivery of any Reports, disclosures or information outside of Seller's control and for any Repairs or corrections pertaining to that contingency or cancellation right, or for the inability to obtain financing. (2) REMOVAL OF SELLER CONTINGENCIES:If Seller removes any contingency or cancellation rights, unless Otherwise Agreed, Seller shall conclusively be deemed to have:(i) satisfied themselves regarding such contingency,(ii) elected to proceed with the transaction; and(iii) given up any right to cancel this Agreement based on such contingency.
G. DEMAND TO CLOSE ESCROW: Before Buyer or Seller may cancel this Agreement for failure of the other Party to close escrow pursuant to this Agreement, Buyer or Seller must first Deliver to the other Party a Demand to Close Escrow (C.A.R.
Form DCE). The DCE shall:(i) be Signed by the applicable Buyer or Seller; and(ii) give the other Party at least3 Daysafter Delivery to close escrow. A DCE may not be Delivered any earlier than3 Daysprior to the Scheduled Performance Day for the Close Of Escrow. If a DCE is incorrectly Delivered or specifies a time less than the agreed time, the DCE shall be deemed invalid and void and Seller or Buyer shall be required to Deliver a new DCE.
H. EFFECT OF CANCELLATION ON DEPOSITS:If Buyer or Seller gives written notice of cancellation pursuant to rights duly exercised under the terms of this Agreement, the Parties agree to Sign and Deliver mutual instructions to cancel the sale and escrow and release deposits, if any, to the Party entitled to the funds, less(i) fees and costs paid by Escrow Holder on behalf of that Party, if required by this Agreement; and(ii) any escrow fee charged to that party. Fees and costs may be payable to service providers and vendors for services and products provided during escrow.A release of funds will require mutual Signed release instructions from the Parties, judicial decision or arbitration award. A Party may be subject to a civil penalty of up to $1,000 for refusal to Sign cancellation instructions if no good faith dispute exists as to which Party is entitled to the deposited funds (Civil Code § 1057.3). Note: Neither Agents nor Escrow Holder are qualified to provide any opinion on whether either Party has acted in good faith or which Party is entitled to the deposited funds. Buyer and Seller are advised to seek the advice of a qualified California real estate attorney regarding this matter.
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18. REPAIRS: Repairs shall be completed prior to final verification of condition unless Otherwise Agreed. Repairs to be performed at Seller's expense may be performed by Seller or through others, provided that the work complies with applicable Law, including governmental permit, inspection and approval requirements. Repairs shall be performed in a good, skillful manner with materials of quality and appearance comparable to existing materials. Buyer acknowledges that exact restoration of appearance or cosmetic items following all Repairs may not be possible. Seller shall:(i) obtain invoices and paid receipts for Repairs performed by others; (ii) prepare a written statement indicating the Repairs performed by Seller and the date of such Repairs; and(iii) provide Copies of invoices and paid receipts and statements to Buyer prior to final verification of condition.
19. FINAL VERIFICATION OF CONDITION:Buyer shall have the right to make a final verification of the Property condition within the time specified inparagraph 3J, NOT AS A CONTINGENCY OF THE SALE, but solely to confirm:(i) the Property is maintained pursuant toparagraph 7B; (ii) Repairs have been completed as agreed; and(iii) Seller has complied with Seller's other obligations under this Agreement (C.A.R. Form VP).
20. PRORATIONS OF PROPERTY TAXES AND OTHER ITEMS:Unless Otherwise Agreed, the following items shall be PAID CURRENT and prorated between Buyer and Seller as of Close Of Escrow: real property taxes and assessments, interest, Seller rental payments, HOA regular assessments due prior to Close Of Escrow, premiums on insurance assumed by Buyer, payments on bonds and assessments assumed by Buyer, and payments on Mello-Roos and other Special Assessment District bonds and assessments that are now a lien. Seller shall pay any HOA special or emergency assessments due prior to Close Of Escrow. The following items shall be assumed by Buyer WITHOUT CREDIT toward the purchase price: prorated payments on Mello-Roos and other Special Assessment District bonds and assessments and HOA special or emergency assessments that are due after Close Of Escrow. Property will be reassessed upon change of ownership. Any supplemental tax bills delivered to Escrow Holder prior to closing shall be prorated and paid as follows:(i) for periods after Close Of Escrow, by Buyer; and(ii) for periods prior to Close Of Escrow, by Seller (see C.A.R.
Form SPT or SBSA for further information). Seller agrees all service fees, maintenance costs and utility bills will be paid current up and through the date of Close Of Escrow. TAX BILLS AND UTILITY BILLS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. Prorations shall be made based on a 30-day month.
21. BROKERS AND AGENTS:
A. COMPENSATION:
(1) Broker Compensation: Seller or Buyer, or both, as applicable, agree to pay compensation to Broker as specified in a separate written agreement between Broker and that Seller or Buyer. The amount of compensation, if a percentage, will be based on the final purchase price. Buyer is advised that Buyer's Broker should not receive compensation from any source in excess of the amount in the buyer representation agreement. Compensation is payable upon Close Of Escrow, or if escrow does not close, as otherwise specified in the agreement between Broker and that Seller or Buyer. (2) Third party beneficiary:Seller acknowledges and agrees that Buyer's Broker is a third-party beneficiary of this Agreement and may pursue Seller for failure to pay the amount specified in this Agreement.
B. SCOPE OF DUTY: Buyer and Seller acknowledge and agree that Agent:(i) Does not decide what price Buyer should pay or Seller should accept;(ii) Does not guarantee the condition of the Property;(iii) Does not guarantee the performance, adequacy or completeness of inspections, services, products or repairs provided or made by Seller or others;(iv) Does not have an obligation to conduct an inspection of common areas or areas off the site of the Property;(v) Shall not be responsible for identifying defects on the Property, in common areas, or offsite unless such defects are visually observable by an inspection of reasonably accessible areas of the Property or are known to Agent;(vi) Shall not be responsible for inspecting public records or permits concerning the title or use of Property;(vii) Shall not be responsible for identifying the location of boundary lines or other items affecting title;(viii) Shall not be responsible for verifying square footage, representations of others or information contained in Investigation reports, Multiple Listing Service, advertisements, flyers or other promotional material;(ix) Shall not be responsible for determining the fair market value of the Property or any personal property included in the sale;(x) Shall not be responsible for providing legal or tax advice regarding any aspect of a transaction entered into by Buyer or Seller; and(xi) Shall not be responsible for providing other advice or information that exceeds the knowledge, education and experience required to perform real estate licensed activity.
Buyer and Seller agree to seek legal, tax, insurance, title and other desired assistance from appropriate professionals.
C. BROKERAGE: Neither Buyer nor Seller has utilized the services of, or for any other reason owes compensation to, a licensed real estate broker (individual or corporate), agent, finder, or other entity, other than as specified in this Agreement, in connection with any act relating to the Property, including, but not limited to, inquiries, introductions, consultations, and negotiations leading to this Agreement. Buyer and Seller each agree to indemnify and hold the other, the Brokers specified herein and their agents, harmless from and against any costs, expenses or liability for compensation claimed inconsistent with the warranty and representation in this paragraph.
22. JOINT ESCROW INSTRUCTIONS TO ESCROW HOLDER:
A. ESCROW INSTRUCTION PARAGRAPHS: The following paragraphs, or applicable portions thereof, of this Agreement constitute the joint escrow instructions of Buyer and Seller to Escrow Holder,which Escrow Holder is to use along with any related counter offers and addenda, and any additional mutual instructions to close the escrow: paragraphs 1, 3A, 3B, 3D-G, 3N(2), 3Q, 3S, 4A, 4B, 5A(1-2), 5D, 5E, 11A, 11E(2), 16 (except 16D), 17H, 20, 21A, 22, 26, 32, 35, 36, 40,and 41. If a Copy of the separate compensation agreement(s) provided for in paragraph 21A is deposited with Escrow Holder by Agent, Escrow Holder shall accept such agreement(s) and pay out from Buyer's or Seller's funds, or both, as applicable, the Broker's compensation provided for in such agreement(s).The terms and conditions of this Agreement not set forth in the specified paragraphs are additional matters for the information of Escrow Holder, but about which Escrow Holder need not be concerned.
B. ESCROW HOLDER GENERAL PROVISIONS: Buyer and Seller will receive Escrow Holder's general provisions, if any, directly from Escrow Holder. To the extent the general provisions are inconsistent or conflict with this Agreement, the general provisions will control as to the duties and obligations of Escrow Holder only. Buyer and Seller shall Sign and return Escrow Holder's general provisions or supplemental instructions within the time specified inparagraph 3N(2). Buyer and Seller shall execute additional instructions, documents and forms provided by Escrow Holder that are reasonably necessary to close the escrow and, as directed by Escrow Holder, within3 Days, shall pay to Escrow Holder or HOA or HOA management company or others any fee required byparagraphs 3, 8, 11, or elsewhere in this Agreement.
C. COPIES; STATEMENT OF INFORMATION; TAX WITHHOLDING INSTRUCTIONS:A Copy of this Agreement including any counter offer(s) and addenda shall be delivered to Escrow Holder within3 Daysafter Acceptance. Buyer and Seller authorize Escrow Holder to accept and rely on Copies and Signatures as defined in this Agreement as originals, to open escrow and for other purposes of escrow. The validity of this Agreement as between Buyer and Seller is not affected by whether or when Escrow Holder Signs this Agreement. Escrow Holder shall provide Seller's Statement of Information to Title Company when received from Seller, if a separate company is providing title insurance. If Seller delivers an affidavit to Escrow Holder to satisfy Seller's FIRPTA obligation underparagraph 11A, Escrow Holder shall deliver to Buyer, Buyer's Agent, and Seller's Agent a Qualified Substitute statement that complies with federal Law. If Escrow Holder's Qualified Substitute statement does not comply with federal law, the Parties instruct escrow to withhold all applicable required amounts underparagraph 11A.
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D. BROKER COMPENSATION:
(1) Payment: Agents are not a party to the escrow except for the sole purpose of receiving compensation pursuant toparagraph 21A. If a Copy of the separate compensation agreement(s), including if applicableparagraph 3G(3)of this Agreement, is deposited with Escrow Holder by Agent, Escrow Holder shall accept such agreement(s) and pay out from Buyer's or Seller's funds, or both, as applicable, the Broker's compensation provided for in such agreement(s). Buyer and Seller irrevocably assign to Brokers compensation specified inparagraph 21A, and irrevocably instruct Escrow Holder to disburse those funds to Brokers at Close Of Escrow or pursuant to any other mutually executed cancellation agreement. Buyer's obligation to pay Buyer's Broker shall be offset by any amount that Seller pays Buyer's Broker. Compensation instructions can be amended or revoked only with the written consent of Brokers. Buyer and Seller shall release and hold harmless Escrow Holder from any liability resulting from Escrow Holder's payment to Broker(s) of compensation pursuant to this Agreement. (2) Compensation Disclosure: Escrow Holder shall provide to Buyer a closing statement or other written documentation disclosing the amount of compensation paid to Buyer's Broker. Escrow Holder shall provide to Seller a closing statement or other written documentation disclosing:(i) the amount of compensation paid to Seller's Broker; and(ii) if applicable pursuant to paragraph 3G(3)or other mutual instruction of the parties, the amount paid by Seller for Buyer's Broker compensation.
Escrow Holder's obligation pursuant toparagraph 21D, is not intended to alter any preexisting practice of Escrow Holder to issue, as applicable, joint or separate closing statements. Escrow Holder's obligation pursuant toparagraph 21D is independent of, but may be satisfied by, any closing statement mandated by Buyer's lender.
E. INVOICES: Buyer and Seller acknowledge that Escrow Holder may require invoices for expenses under this Agreement.
Buyer and Seller, upon request by Escrow Holder, within3 Days or within a sufficient time to close escrow, whichever is sooner, shall provide any such invoices to Escrow Holder.
F. VERIFICATION OF DEPOSIT: Upon receipt, Escrow Holder shall provide Buyer, Seller, and each Agent verification of Buyer's deposit of funds pursuant toparagraph 5A(1) and C.A.R. Form IDA. Once Escrow Holder becomes aware of any of the following, Escrow Holder shall immediately notify each Agent:(i) if Buyer's initial or any additional deposit or down payment is not made pursuant to this Agreement, or is not good at time of deposit with Escrow Holder; or(ii) if Buyer and Seller instruct Escrow Holder to cancel escrow.
G. DELIVERY OF AMENDMENTS: A Copy of any amendment that affects any paragraph of this Agreement for which Escrow Holder is responsible shall be delivered to Escrow Holder within3 Daysafter mutual execution of the amendment.
23. SELECTION OF SERVICE PROVIDERS:Agents do not guarantee the performance of any vendors, service or product providers (“Providers”), whether referred by Agent or selected by Buyer, Seller or other person. Buyer and Seller may select ANY Providers of their own choosing.
24. MULTIPLE LISTING SERVICE (“MLS”):Agents are authorized to report to the MLS that an offer has been accepted and, upon Close Of Escrow, the sales price and other terms of this transaction shall be provided to the MLS to be published and disseminated to persons and entities authorized to use the information on terms approved by the MLS. Buyer acknowledges that:(i) any pictures, videos, floor plans (collectively, “Images”) or other information about the Property that has been or will be inputted into the MLS or internet portals, or both, at the instruction of Seller or in compliance with MLS rules, will not be removed after Close Of Escrow;(ii) California Civil Code § 1088(c) requires the MLS to maintain such Images and information for at least three years and as a result they may be displayed or circulated on the Internet, which cannot be controlled or removed by Seller or Agents; and(iii) Seller, Seller's Agent, Buyer's Agent, and MLS have no obligation or ability to remove such Images or information from the Internet.
25. ATTORNEY FEES AND COSTS:In any action, proceeding, or arbitration between Buyer and Seller arising out of this Agreement, the prevailing Buyer or Seller shall be entitled to reasonable attorney fees and costs from the non-prevailing Buyer or Seller, except as provided inparagraph 38A.
26. ASSIGNMENT/NOMINATION: Buyer shall have the right to assign all of Buyer's interest in this Agreement to Buyer's own trust or to any wholly owned entity of Buyer that is in existence at the time of such assignment. Otherwise, Buyer shall not assign all or any part of Buyer's interest in this Agreement without first having obtained the separate written consent of Seller to a specified assignee. Such consent shall not be unreasonably withheld. Prior to any assignment, Buyer shall disclose to Seller the name of the assignee and the amount of any monetary consideration between Buyer and assignee. Buyer shall provide assignee with all documents related to this Agreement including, but not limited to, the Agreement and any disclosures. If assignee is a wholly owned entity or trust of Buyer, that assignee does not need to re-sign or initial all documents provided. Whether or not an assignment requires seller's consent, at the time of assignment, assignee shall deliver a letter from assignee's lender that assignee is prequalified or preapproved as specified inparagraph 6B. Should assignee fail to deliver such a letter, Seller, after first giving Assignee an Notice to Buyer to Perform, shall have the right to terminate the assignment. Buyer shall, within the time specified in paragraph 3K, Deliver any request to assign this Agreement for Seller's consent. If Buyer fails to provide the required information within this time frame, Seller's withholding of consent shall be deemed reasonable. Any total or partial assignment shall not relieve Buyer of Buyer's obligations pursuant to this Agreement unless Otherwise Agreed by Seller (C.A.R. Form AOAA). Parties shall provide any assignment agreement to Escrow Holder within1 Dayafter the assignment. Any nomination by Buyer shall be subject to the same procedures, requirements, and terms as an assignment as specified in this paragraph.
27. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon, and inure to the benefit of, Buyer and Seller and their respective successors and assigns, except as otherwise provided herein.
28. ENVIRONMENTAL HAZARD CONSULTATION: Buyer and Seller acknowledge:(i) Federal, state, and local legislation impose liability upon existing and former owners and users of real property, in applicable situations, for certain legislatively defined, environmentally hazardous substances; (ii) Agent(s) has/have made no representation concerning the applicability of any such Law to this transaction or to Buyer or to Seller, except as otherwise indicated in this Agreement;(iii) Agent(s) has/have made no representation concerning the existence, testing, discovery, location, and evaluation of/for, and risks posed by, environmentally hazardous substances, if any, located on or potentially affecting the Property; and(iv) Buyer and Seller are each advised to consult with technical and legal experts concerning the existence, testing, discovery, location and evaluation of/for, and risks posed by, environmentally hazardous substances, in any, located on or potentially affecting the Property.
29. AMERICANS WITH DISABILITIES ACT:The Americans With Disabilities Act (“ADA”) prohibits discrimination against individuals with disabilities. The ADA affects almost all commercial facilities and public accommodations. Residential properties are not typically covered by the ADA, but may be governed by its provisions if used for certain purposes. The ADA can require, among other things, that buildings be made readily accessible to the disabled. Different requirements apply to new construction, alterations to existing buildings, and removal of barriers in existing buildings. Compliance with the ADA may require significant costs. Monetary and injunctive remedies may be incurred if the Property is not in compliance. A real estate broker or agent does not have the technical expertise to determine whether a building is in compliance with ADA requirements, or to advise a principal on those requirements. Buyer and Seller are advised to contact a qualified California real estate attorney, contractor, architect, engineer, or other qualified professional of Buyer or Seller's own choosing to determine to what degree, if any, the ADA impacts that principal or this transaction.
30. EQUAL HOUSING OPPORTUNITY:The Property is sold in compliance with federal, state and local anti-discrimination Laws.
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31. COPIES: Seller and buyer each represent that Copies of all reports, certificates, approvals, and other documents that are furnished to the other are true, correct, and unaltered Copies of the original documents, if the originals are in the possession of the furnishing party.
32. DEFINITIONS and INSTRUCTIONS:The following words are defined terms in this Agreement, shall be indicated by initial capital letters throughout this Agreement, and have the following meaning whenever used:
A. “Acceptance” means the time the offer or final counter offer is fully executed, in writing, by the recipient Party and is Delivered to the offering Party or that Party's Authorized Agent.
B. “Agent” means the Broker, salesperson, broker-associate or any other real estate licensee licensed under the brokerage firm identified inparagraph 2B.
C. “Agreement” means this document and any counter offers and any incorporated addenda or amendments, collectively forming the binding agreement between the Parties. Addenda and amendments are incorporated only when Signed and Delivered by all Parties.
D. “As-Is” condition: Seller shall disclose known material facts and defects as specified in this Agreement. Buyer has the right to inspect the Property and, within the time specified, request that Seller make repairs or take other corrective action, or exercise any contingency cancellation rights in this Agreement. Seller is only required to make repairs specified in this Agreement or as Otherwise Agreed.
E. “Authorized Agent” means an individual real estate licensee specified in the Real Estate Broker Section.
F. “C.A.R. Form”means the most current version of the specific form referenced or another comparable form agreed to by the Parties.
G. “Close Of Escrow”, including “COE”, means the date the grant deed, or other evidence of transfer of title, is recorded for any real property, or the date of Delivery of a document evidencing the transfer of title for any non-real property transaction.
H. “Copy” means copy by any means including photocopy, facsimile and electronic.
I. Counting Days is done as follows unless Otherwise Agreed: (1) The first Day after an event is the first full calendar date following the event, and ending at 11:59 pm. For example, if a Notice to Buyer to Perform (C.A.R. form NBP) is Delivered at 3 pm on the 7th calendar day of the month, or Acceptance of a counter offer is personally received at 12 noon on the 7th calendar day of the month, then the 7th is Day “0” for purposes of counting days to respond to the NBP or calculating the Close Of Escrow date or contingency removal dates and the 8th of the month is Day 1 for those same purposes. (2) All calendar days are counted in establishing the first Day after an event. (3) All calendar days are counted in determining the date upon which performance must be completed, ending at 11:59 pm on the last day for performance (“Scheduled Performance Day”). (4) After Acceptance, if the Scheduled Performance Day for any act required by this Agreement, including Close Of Escrow, lands on a Saturday, Sunday, or Legal Holiday, the performing party shall be allowed to perform on the next day that is not a Saturday, Sunday or Legal Holiday (“Allowable Performance Day”), and ending at 11:59 pm. “Legal Holiday” shall mean any holiday or optional bank holiday under Civil Code §§ 7 and 7.1 and any holiday under Government Code § 6700. (5) For the purposes of COE, any day that the Recorder's office in the County where the Property is located is closed or any day that the lender or Escrow Holder under this Agreement is closed, the COE shall occur on the next day the Recorder's office in that County, the lender, and the Escrow Holder are open. (6) COE is considered Day 0 for purposes of counting days Seller is allowed to remain in possession, if permitted by this Agreement.
J. “Day" or "Days” means calendar day or days. However, delivery of deposit to escrow is based on business days.
K. “Deliver”, “Delivered” or “Delivery” of documents, unless Otherwise Agreed, means and shall be effective upon personal receipt of the document by Buyer or Seller or their Authorized Agent. Personal receipt means(i) a Copy of the document, or as applicable, link to the document, is in the possession of the Party or Authorized Agent, regardless of the Delivery method used (i.e. e-mail, text, other). A document, or as applicable link to a document, shall be deemed to be “in possession” if it is located in the inbox for the applicable Party or Authorized Agent; or(ii) an electronic Copy of the document, or as applicable, link to the document, has been sent to the designated electronic delivery address specified in the Real Estate Broker Section unless Otherwise Agreed in C.A.R. Form DEDA. After Acceptance, Agent may change the designated electronic delivery address for that Agent by, in writing, Delivering notice of the change in designated electronic delivery address to the other Party (C.A.R. Form DEDA). Links could be, for example, to DropBox or Google Drive or other functionally equivalent program. If the recipient of a link is unable or unwilling to open the link or download the documents or otherwise prefers Delivery of the documents directly, Recipient of a link shall notify the sender in writing, within3 Daysafter Delivery of the link (C.A.R. Form RFR). In such case, Delivery shall be effective upon Delivery of the documents and not the link. Failure to notify sender within the time specified above shall be deemed consent to receive, and recipient opening, the document by link.
L. “Electronic Copy” or “Electronic Signature”means, as applicable, an electronic copy or signature complying with California Law. Unless Otherwise Agreed, Buyer and Seller agree to the use of Electronic Signatures. Buyer and Seller agree that electronic means will not be used by either Party to modify or alter the content or integrity of this Agreement without the knowledge and consent of the other Party.
M. “Law” means any law, code, statute, ordinance, regulation, rule or order, which is adopted by a controlling city, county, state or federal legislative, judicial or executive body or agency.
N. "Legally Authorized Signer" means an individual who has authority to Sign for the principal as specified inparagraph 40or paragraph 41.
O. “Otherwise Agreed” means an agreement in writing, signed by both Parties and Delivered to each.
P. “Repairs” means any repairs (including pest control), alterations, replacements, modifications or retrofitting of the Property provided for under this Agreement.
Q. "Sign" or “Signed”means either a handwritten or Electronic Signature on an original document, Copy or any counterpart.
33. FAIR APPRAISAL ACT NOTICE:
A. Any appraisal of the property is required to be unbiased, objective, and not influenced by improper or illegal considerations, including, but not limited to, any of the following: race, color, religion (including religious dress, grooming practices, or both), gender (including, but not limited to, pregnancy, childbirth, breastfeeding, and related conditions, and gender identity and gender expression), sexual orientation, marital status, medical condition, military or veteran status, national origin (including language use and possession of a driver's license issued to persons unable to provide their presence in the United States is authorized under federal law), source of income, ancestry, disability (mental and physical, including, but not limited to, HIV/AIDS status, cancer diagnosis, and genetic characteristics), genetic information, or age.
B. If a buyer or seller believes that the appraisal has been influenced by any of the above factors, the seller or buyer can report this information to the lender or mortgage broker that retained the appraiser and may also file a complaint with the Bureau of Real Estate Appraisers at https://www2.brea.ca.gov/complaint/ or call (916) 552-9000 for further information on how to file a complaint.
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34. TERMS AND CONDITIONS OF OFFER: This is an offer to purchase the Property on the terms and conditions herein. The individual Liquidated Damages and Arbitration of Disputes paragraphs are incorporated in this Agreement if initialed by all Parties or if incorporated by mutual agreement in a Counter Offer or addendum.If at least one but not all Parties initial, a Counter Offer is required until agreement is reached.Seller has the right to continue to offer the Property for sale and to accept any other offer at any time prior to notification of Acceptance and to market the Property for backup offers after Acceptance. The Parties have read and acknowledge receipt of a Copy of the offer and agree to the confirmation of agency relationships. If this offer is accepted and Buyer subsequently defaults, Buyer may be responsible for payment of Brokers' compensation. This Agreement and any supplement, addendum or modification, including any Copy, may be Signed in two or more counterparts, all of which shall constitute one and the same writing. By signing this offer or any document in the transaction, the Party Signing the document is deemed to have read the document in its entirety.
35. TIME OF ESSENCE; ENTIRE CONTRACT; CHANGES:Time is of the essence. All understandings between the Parties are incorporated in this Agreement. Its terms are intended by the Parties as a final, complete and exclusive expression of their Agreement with respect to its subject matter and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. If any provision of this Agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. Except as Otherwise Agreed, this Agreement shall be interpreted, and disputes shall be resolved in accordance with the Laws of the State of California. Neither this Agreement nor any provision in it may be extended, amended, modified, altered or changed, except in writing Signed by Buyer and Seller.
36. LEGALLY AUTHORIZED SIGNER:Wherever the signature or initials of the Legally Authorized Signer identified inparagraph 40 and 41 appear on this Agreement or any related documents, it shall be deemed to be in a representative capacity for the entity described and not in an individual capacity, unless otherwise indicated. The Legally Authorized Signer(i) represents that the entity for which that person is acting already exists and is in good standing to do business in California and(ii) shall Deliver to the other Party and Escrow Holder, as specified inparagraph 3N(4), evidence of authority to act in that capacity (such as but not limited to:
applicable portion of the trust or Certification Of Trust (Probate Code § 18100.5), letters testamentary, court order, power of attorney, corporate resolution, or formation documents of the business entity).
37. LIQUIDATED DAMAGES:
If Buyer fails to complete this purchase because of Buyer's default, Seller shall retain, as liquidated damages, the deposit actually paid. Release of funds will require mutual, Signed release instructions from both Buyer and Seller, judicial decision or arbitration award. AT THE TIME OF ANY INCREASED DEPOSIT BUYER AND
SELLER SHALL SIGN A SEPARATE LIQUIDATED DAMAGES PROVISION INCORPORATING THE INCREASED DEPOSIT AS LIQUIDATED DAMAGES (C.A.R. FORM DID).
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38. MEDIATION:
A. The Parties agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. The mediation shall be conducted through the C.A.R. Real Estate Mediation Center for Consumers(www.consumermediation.org)or through any other mediation provider or service mutually agreed to by the Parties.
The Partiesalso agree to mediate any disputes or claims with Agents(s), who, in writing, agree to such mediation prior to, or within a reasonable time after, the dispute or claim is presented to the Agent.Mediation fees, if any, shall be divided equally among the Parties involved, and shall be recoverable under the prevailing party attorney fees clause. If, for any dispute or claim to which this paragraph applies, any Party(i) commences an action without first attempting to resolve the matter through mediation, or(ii) before commencement of an action, refuses to mediate after a request has been made, then that Party shall not be entitled to recover attorney fees, even if they would otherwise be available to that Party in any such action. THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED.
B. ADDITIONAL MEDIATION TERMS: (i) Exclusions from this mediation agreement are specified in paragraph 39B; (ii) The obligation to mediate does not preclude the right of either Party to seek a preservation of rights under paragraph 39C; and (iii) Agent's rights and obligations are further specified in paragraph 39D.
39. ARBITRATION OF DISPUTES:
A. The Parties agree that any dispute or claim in Law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. The Parties also agree to arbitrate any disputes or claims with Agents(s), who, in writing, agree to such arbitration prior to, or within a reasonable time after, the dispute or claim is presented to the Agent. The arbitration shall be conducted through any arbitration provider or service mutually agreed to by the Parties. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of transactional real estate Law experience, unless the Parties mutually agree to a different arbitrator. Enforcement of, and any motion to compel arbitration pursuant to, this agreement to arbitrate shall be governed by the procedural rules of the Federal Arbitration Act, and not the California Arbitration Act, notwithstanding any language seemingly to the contrary in this Agreement. The Parties shall have the right to discovery in accordance with Code of Civil Procedure § 1283.05. The arbitration shall be conducted in accordance with Title 9 of Part 3 of the Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction.
B. EXCLUSIONS: The following matters are excluded from mediation and arbitration: (i) Any matter that is within the jurisdiction of a probate, small claims or bankruptcy court; (ii) an unlawful detainer action; and (iii) a judicial or non- judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or installment land sale contract as defined in Civil Code § 2985.
C. PRESERVATION OF ACTIONS: The following shall not constitute a waiver nor violation of the mediation and arbitration provisions: (i) the filing of a court action to preserve a statute of limitations; (ii) the filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, provided the filing party concurrent with, or immediately after such filing, makes a request to the court for a stay of litigation pending any applicable mediation or arbitration proceeding; or (iii) the filing of a mechanic's lien.
D. AGENTS: Agents shall not be obligated nor compelled to mediate or arbitrate unless they agree to do so in writing.
Any Agents(s) participating in mediation or arbitration shall not be deemed a party to this Agreement.
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E. “ NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING
OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY
NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN
THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL,
UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU
MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.” “WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION.” Buyer's Initials / Seller's Initials /
40. OFFER
A. EXPIRATION OF OFFER: This offer shall be deemed revoked and the deposit, if any, shall be returned to Buyer unless by the date and time specified inparagraph 3C, the offer is Signed by Seller and a Copy of the Signed offer is Delivered to Buyer or Buyer's Authorized Agent.Seller has no obligation to respond to an offer made.
B. ENTITY BUYERS: (Note: If this paragraph is completed, a Representative Capacity Signature Disclosure (C.A.R.
Form RCSD) is not required for the Legally Authorized Signers designated below.) (1) Non-Individual (entity) Buyers:One or more Buyers is a trust, corporation, LLC, probate estate, partnership, holding a power of attorney or other entity.
(2) Full entity name:The following is the full name of the entity (if a trust, enter the complete trust name; if under probate, enter full name of the estate, including case #):
.
(3) Contractual Identity of Buyer:For purposes of this Agreement, when the name described below is used, it shall be deemed to be the full entity name.
(A) If a trust: The trustee(s) of the trust or a simplified trust name (ex. John Doe, co-trustee, Jane Doe, co-trustee or Doe Revocable Family Trust);
(B) If Property is sold under the jurisdiction of a probate court: The name of the executor or administrator, or a simplified probate name (John Doe, executor, or Estate (or Conservatorship) of John Doe). (4) Legally Authorized Signer:
(A) This Agreement is being Signed by a Legally Authorized Signer in a representative capacity and not for him/herself as an individual. Seeparagraph 36for additional terms.
(B) The name(s) of the Legally Authorized Signer(s) is/are: , .
C. The VLPA has 17 pages. Buyer acknowledges receipt of, and has read and understands, every page and all attachments that make up the Agreement.
D. BUYER SIGNATURE(S):
(Signature) By, Date:
Printed name of BUYER:
Printed Name of Legally Authorized Signer: Title, if applicable, (Signature) By, Date:
Printed name of BUYER:
Printed Name of Legally Authorized Signer: Title, if applicable, IF MORE THAN TWO SIGNERS, USE Additional Signature Addendum (C.A.R. Form ASA).
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41. ACCEPTANCE
A. ACCEPTANCE OF OFFER: Seller warrants that Seller is the owner of the Property or has the authority to execute this Agreement. Seller accepts the above offer and agrees to sell the Property on the above terms and conditions. Seller has read and acknowledges receipt of a Copy of this Agreement and authorizes Agent to Deliver a Signed Copy to Buyer.
Seller's acceptance is subject to the attached Counter Offer or Back-Up Offer Addendum, or both, checked below.
Seller shall return and include the entire agreement with any response.
Seller Counter Offer(C.A.R. Form SCO or SMCO)
Back-Up Offer Addendum(C.A.R. Form BUO)
B. ENTITY SELLERS: (Note: If this paragraph is completed, a Representative Capacity Signature Disclosure form (C.A.R. Form RCSD) is not required for the Legally Authorized Signers designated below.) (1) Non-Individual (entity) Sellers:One or more Sellers is a trust, corporation, LLC, probate estate, partnership, holding a power of attorney or other entity.
(2) Full entity name:The following is the full name of the entity (if a trust, enter the complete trust name; if under probate, enter full name of the estate, including case #):
.
(3) Contractual Identity of Seller:For purposes of this Agreement, when the name described below is used, it shall be deemed to be the full entity name.
(A) If a trust: The trustee(s) of the trust or a simplified trust name (ex. John Doe, co-trustee, Jane Doe, co-trustee or Doe Revocable Family Trust);
(B) If Property is sold under the jurisdiction of a probate court: The name of the executor or administrator, or a simplified probate name (John Doe, executor, or Estate (or Conservatorship) of John Doe). (4) Legally Authorized Signer:
(A) This Agreement is being Signed by a Legally Authorized Signer in a representative capacity and not for him/herself as an individual. Seeparagraph 36for additional terms.
(B) The name(s) of the Legally Authorized Signer(s) is/are: , .
C. The VLPA has 17 pages. Seller acknowledges receipt of, and has read and understands, every page and all attachments that make up the Agreement.
D. SELLER SIGNATURE(S):
(Signature) By, Date:
Printed name of SELLER:
Printed Name of Legally Authorized Signer: Title, if applicable, (Signature) By, Date:
Printed name of SELLER:
Printed Name of Legally Authorized Signer: Title, if applicable, IF MORE THAN TWO SIGNERS, USE Additional Signature Addendum (C.A.R. Form ASA).
OFFER NOT ACCEPTED:______/______ No Counter Offer is being made. This offer was not accepted by Seller __________ (date) Seller's Initials
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REAL ESTATE BROKERS SECTION:
1. Real Estate Agents are not parties to the Agreement between Buyer and Seller.
2. Agency relationships are confirmed as stated in paragraph 2.
3. Presentation of Offer: Pursuant to the National Association of REALTORS® Standard of Practice 1-7, if Buyer's Agent makes a written request, Seller's Agent shall confirm in writing that this offer has been presented to Seller.
4. Agents' Signatures and designated electronic delivery address:
A. Buyer's Brokerage Firm DRE Lic. #
By DRE Lic. # Date
By DRE Lic. # Date
Address City State Zip
Email Phone #
More than one agent from the same firm represents Buyer. Additional Agent Acknowledgement (C.A.R. Form AAA) attached.
More than one brokerage firm represents Buyer. Additional Broker Acknowledgement (C.A.R. Form ABA) attached.
Designated Electronic Delivery Address(es): Email above or Attached DEDA:If Parties elect to have an alternative Delivery method, such method may be indicated on C.A.R. Form DEDA.
B. Seller's Brokerage Firm DRE Lic. #
By DRE Lic. # Date
By DRE Lic. # Date
Address City State Zip
Email Phone #
More than one agent from the same firm represents Seller. Additional Agent Acknowledgement (C.A.R. Form AAA) attached.
More than one brokerage firm represents Seller. Additional Broker Acknowledgement (C.A.R. Form ABA) attached.
Designated Electronic Delivery Address(es) (To be filled out by Seller's Agent): Email above or Attached DEDA:If Parties elect to have an alternative Delivery method, such method may be indicated on C.A.R. Form DEDA.
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ESCROW HOLDER ACKNOWLEDGMENT:
Escrow Holder acknowledges receipt of a Copy of this Agreement, (if checked, a deposit in the amount of $ ), Counter Offer numbers and , and agrees to act as Escrow Holder subject to paragraph 22of this Agreement, any supplemental escrow instructions and the terms of Escrow Holder's general provisions.
Escrow Holder is advised by that the date of Acceptance of the Agreement is Escrow Holder Escrow #
By Date
Address
Phone/Fax/E-mail
Escrow Holder has the following license number #
Department of Financial Protection and Innovation, Department of Insurance, Department of Real Estate.
PRESENTATION OF OFFER: / Seller's Brokerage Firm presented this offer to Seller on (date).
Broker or Designee Initials
© 2025, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®.
Published and Distributed by: REAL ESTATE BUSINESS SERVICES, LLC.a subsidiary of the California Association of REALTORS® VLPA REVISED 6/25 (PAGE 17 OF 17)
VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 17 OF 17) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com
15166 FOOTHILL BLVD, FONTANA, CA 92335 8026 February 11, 2026 MCO Developemnt, Inc. 02121643
Mohammad Monshizadeh 01861923
1 Venture, Suite 130 Irvine CA 92618
[email protected] (714)585-0090
15166 FOOTHILL B
330
FEDERAL REPORTING REQUIREMENT PURCHASE ADDENDUM
(C.A.R. Form FRR-PA, 10/25)
The following terms and conditions are hereby incorporated in and made a part of the Purchase Agreement (“Agreement”), dated , on property known as , (“Property”)
in which is referred to as (“Seller”)
and is referred to as (“Buyer”).
This addendum is to be used with a:(i) Residential Purchase Agreement (C.A.R. Form RPA);(ii) New Construction Purchase Agreement (C.A.R. Form NCPA);(iii) Vacant Land Purchase Agreement, if the Property will be improved with a residential dwelling with one to four units (C.A.R. Form VLPA);(iv) Residential Income Purchase Agreement (C.A.R. Form RIPA), where the income property contains one to four units; or(v) Residential Units Purchase Addendum (C.A.R. Form RU-PA), where the mixed-use property contains one to four residential units.
1. FEDERAL REPORTING OBLIGATION: Pursuant to rules issued by the Financial Crimes Enforcement Network (“FinCEN”) of the U.S. Department of the Treasury (“Treasury”), beginning December 1, 2025, a “Reporting Person” (typically the escrow or title company responsible for closing) is required to collect, and report to the Treasury, certain information about the Buyer and Seller in the sale of certain real property for the purpose of preventing money laundering.
Originally scheduled to take effect December 1, 2025, the reporting requirements have been delayed to March 1, 2026.The Reporting Person may require the needed information from Buyer and Seller for applicable transactions for which an offer was accepted prior to March 1, 2026, if there is a possibility the transaction will close escrow on or after the March 1, 2026, implementation date even if scheduled to close escrow prior to that date.
2. CONDITIONS FOR WHICH THE REPORTING OBLIGATIONS APPLY:The collection and reporting obligations apply if: (i) the property being purchased is real property with one to four residential units or vacant land for which the transferee intends to build residential real property with one to four units, or shares in a cooperative housing corporation;(ii) the buyer is a legal entity ortrust; and(iii) the buyer is making an “all-cash” purchase or financing the purchase through a bank or other institution that does not have an independent money laundering reporting obligation.
3. REQUIRED REPORTING INFORMATION:The following is a non-exclusive list of the “persons” from whom the Reporting Person is required to collect information as well as the type of information to be collected.
A. Buyers: Entity Buyers, Beneficial Owners of Entity Buyers, Signing Parties of Entity Buyers, Trust Buyers, Entity Trustee of Trust Buyers, and Individual trustees and beneficial owners of Trust Buyers; B. Sellers: Individual sellers, Entity sellers, Trust Sellers, Individual and entity trustees of Trust Sellers; C. Information to be collected:Legal names, dates of birth, dates of execution of trusts, addresses, dbas, citizenship (for trustees or beneficial owners of trust buyers) taxpayer identification numbers (“TIN”), and, if applicable, account number and financial institution name from which payment is made.
4. DELIVERY OF REQUIRED INFORMATION:
A. Buyer and Seller shall, within7 Daysafter receiving a request for FinCEN information from the Reporting Person for the transaction, deliver to the Reporting Person all necessary information to satisfy the reporting requirements.
B. Buyer and Seller agree to make a good faith effort to acquire such information from any entity, beneficial owner, trustee or signing party that is not Buyer or Seller.
5. CONSEQUENCES OF FAILURE TO PROVIDE REQUESTED INFORMATION:
A. The Reporting Person will not close escrow if the requested information is not provided in full, regardless of whether due from Buyer or Seller or another person on their behalf; B. Any Buyer or Seller who fails to provide the requested information for themselves may be in breach of contract.
C. If the Reporting Person requires information from a related third party such as an entity, beneficial owner, signing party, or trustee, and the Reporting Person notifies a Buyer or Seller that the other has failed to provide such information, the performing Buyer or Seller may cancel after first giving the non-performing Buyer or Seller a notice to perform.
By signing below, Buyer and Seller acknowledge that each has read, understands, has received a copy of, and agrees to the terms of this Federal Reporting Requirement Purchase Addendum.
Buyer Date
Buyer Date
Seller Date
Seller Date
© 2025, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®.
Published and Distributed by: REAL ESTATE BUSINESS SERVICES, LLC.a subsidiary of the California Association of REALTORS® FRR-PA 10/25 (PAGE 1 OF 1)
FEDERAL REPORTING REQUIREMENT PURCHASE ADDENDUM (FRR-PA PAGE 1 OF 1) Phone: Fax:
Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com
02/11/2026 15166 FOOTHILL BLVD, FONTANA, CA 92335 8026 Aldea Foothill Two , LLC
City of Fontana
City of Fontana
Aldea Foothill Two , LLC
CA 15166 FOOTHILL B
Mohammad Monshizadeh
03/23/2026
03/23/2026
331
BUYER'S VACANT LAND ADDITIONAL INSPECTION
ADVISORY
(C.A.R. Form BVLIA, Revised 6/23)
Property Address: ("Property").
A. IMPORTANCE OF PROPERTY INVESTIGATION: The physical condition of the land and improvements being purchased is not guaranteed by either Seller or Brokers. For this reason, you should conduct thorough investigations of the Property personally and with professionals who should provide written reports of their investigations. A general physical inspection typically does not cover all aspects of the Property nor items affecting the Property that are not physically located on the Property. If the professionals recommend further investigations, including a recommendation by a pest control operator to inspect inaccessible areas of the Property, you should contact qualified experts to conduct such additional investigations. Additionally, some inspections, such as those listed below, may be of particular importance when purchasing vacant land.
B. BUYER RIGHTS AND DUTIES:You have an affirmative duty to exercise reasonable care to protect yourself, including discovery of the legal, practical and technical implications of disclosed facts, and the investigation and verification of information and facts that you know, or that are within your diligent attention and observation. The purchase agreement gives you the right to investigate the Property. If you exercise this right, and you should, you must do so in accordance with the terms of that agreement. This is the best way for you to protect yourself. It is extremely important for you to read all written reports provided by professionals and to discuss the results of inspections with the professional who conducted the inspection. You have the right to request that Seller make repairs, corrections or take other action based upon items discovered in your investigations or disclosed by Seller. If Seller is unwilling or unable to satisfy your requests, or you do not want to purchase the Property in its disclosed and discovered condition, you have the right to cancel the agreement if you act within specific time periods. If you do not perform, and you have not cancelled the agreement in a timely and proper manner, you may be in breach of contract.
C. SELLER RIGHTS AND DUTIES: Seller is required to disclose to you known material facts that affect the value or desirability of the Property. However, Seller may not be aware of some Property defects or conditions. Seller does not have an obligation to inspect the Property for your benefit nor is Seller obligated to repair, correct or otherwise cure known defects that are disclosed to you or previously unknown defects that are discovered by you or your inspectors during escrow. The purchase agreement obligates Seller to make the Property available to you for investigations.
D. BROKER OBLIGATIONS: Brokers do not have expertise in all areas and therefore cannot advise you on many items, such as soil stability, geologic or environmental conditions, hazardous or illegal controlled substances, structural conditions of the foundation or other improvements, or the condition of the roof, plumbing, heating, air conditioning, electrical, sewer, septic, waste disposal, or other system. The only way to accurately determine the condition of the Property is through an inspection by an appropriate professional selected by you. If Broker gives you referrals to such professionals, Broker does not guarantee their performance. You may select any professional of your choosing. If you have entered into a written agreement with a Broker, the specific terms of that agreement will determine the nature and extent of that Broker's duty to you.YOU ARE STRONGLY ADVISED TO INVESTIGATE THE CONDITIONAND SUITABILITY OF ALL ASPECTS OF THE PROPERTY. IF YOU DO NOT DO SO, YOU ARE ACTING AGAINST THE ADVICE OF BROKERS.
E. YOU ARE ADVISED TO CONDUCT INVESTIGATIONS OF THE ENTIRE PROPERTY, INCLUDING, BUT NOT LIMITED TO THE FOLLOWING:
1. FINANCE: Financing the purchase of vacant land and especially financing construction loans for the improvement of vacant land can provide particular challenges, including subordination agreements and insurance requirements.
Buyer is advised to seek the assistance of reputable lenders in assistance with their decisions regarding financing of the property.
2. CONSTRUCTION COSTS: If Buyer is contemplating building improvements on the property, Buyer is advised that they will have to contact any contractors, service providers, suppliers, architects, utility companies regarding the costs of improvements. Buyer is advised to get written bids from all such persons regarding their decision to develop the property.
3. UTILITIES: Unimproved property may or may not have utilities available to the property. Buyer(s) is advised to obtain information from the public or private utility provider about the availability and cost of providing utilities to the property and whether necessary easements are in place to allow such utilities to the property.
4. ENVIRONMENTAL SURVEY: Unimproved land may have had or may have hazardous materials stored upon or under the land or been used by persons engaged in activities exposing the land to hazardous materials. The land may also be host to protected vegetation or animal life. Buyer(s) is advised to satisfy themselves as what hazards or protected plant or animal life are on the property and what impact they may have on Buyer's future plans for the property by seeking the help of a qualified professional. © 2023, California Association of REALTORS®, Inc.
BVLIA REVISED 6/23 (PAGE 1 OF 2)Buyer's Initials / Seller's Initials / BUYER'S VACANT LAND ADDITIONAL INSPECTION ADVISORY (BVLIA PAGE 1 OF 2) Phone: Fax:
Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com
15166 FOOTHILL BLVD, FONTANA, CA 92335 8026
CA 15166 FOOTHILL B
Mohammad Monshizadeh
332
Property Address: Date:
5. NATURAL HAZARDS REPORTS: Buyer(s) is advised that while certain disclosures are required by state, federal and local laws, hazard disclosure companies can provide additional disclosures for both natural and man-made hazards or nuisances for a cost. Buyer is advised to seek the advice of a natural hazards reporting company regarding additional reports and disclosures that buyer may wish to obtain.
6. SUBDIVISION OF THE PROPERTY: If Buyer's plans include future subdivision of the property (whether under the Subdivision Map Act of the Subdivided Lands Law) multiple, complex issues regarding city, county, state, and federal laws may be presented. Buyer is strongly advised to seek the advice of California legal counsel familiar with federal, state and local subdivision requirements.
Buyer and Seller acknowledge and agree that Broker:(i) Does not decide what price Buyer should pay or Seller should accept; (ii) Does not guarantee the condition of the Property; (iii) Does not guarantee the performance, adequacy or completeness of inspections, services, products or repairs provided or made by Seller or others;(iv) Does not have an obligation to conduct an inspection of common areas or areas off the site of the Property;(v) Shall not be responsible for identifying defects on the Property, in common areas, or offsite unless such defects are visually observable by an inspection of reasonably accessible areas of the Property or are known to Broker; (vi) Shall not be responsible for inspecting public records or permits concerning the title or use of Property;(vii) Shall not be responsible for identifying the location of boundary lines or other items affecting title;(viii) Shall not be responsible for verifying square footage, representations of others or information contained in Investigation reports, Multiple Listing Service, advertisements, flyers or other promotional material; (ix) Shall not be responsible for providing legal or tax advice regarding any aspect of a transaction entered into by Buyer or Seller; and(x) Shall not be responsible for providing other advice or information that exceeds the knowledge, education and experience required to perform real estate licensed activity. Buyer and Seller agree to seek legal, tax, insurance, title and other desired assistance from appropriate professionals.
By signing below, Buyer and Seller each acknowledge that they have read, understand, accept and have received a Copy of this Advisory. Buyer is encouraged to read it carefully.
SELLER Date
SELLER Date
BUYER Date
BUYER Date
© 2023, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics.
Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the California Association of REALTORS® 525 South Virgil Avenue, Los Angeles, California 90020
BVLIA REVISED 6/23 (PAGE 2 OF 2)
BUYER'S VACANT LAND ADDITIONAL INSPECTION ADVISORY (BVLIA PAGE 2 OF 2) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com
15166 FOOTHILL BLVD, FONTANA, CA 92335 8026 November 20, 2025 Aldea Foothill Two , LLC
City of Fontana
15166 FOOTHILL B
03/23/2026
03/23/2026
333
POSSIBLE REPRESENTATION OF MORE THAN ONE BUYER
OR SELLER - DISCLOSURE AND CONSENT
(C.A.R. Form PRBS, Revised 6/25)
1. BROKER AGENCY RELATIONSHIP WITH MULTIPLE PRINCIPALS:A real estate broker (“Brokerage”), whether a corporation, partnership or sole proprietorship, may legally represent more than one buyer or seller. This multiple representation can occur through a sole proprietor Brokerage; or through a salesperson or broker acting under the Brokerage's license (“Associate Licensee”). Associate Licensees under a Brokerage's license may be working out of the same or different office locations, and may or may not know one another. Clients of the Brokerage may have similar goals and may compete against each other for the same property or the same pool of prospective buyers. Some buyers and sellers prefer to work with individual, sole proprietor brokerages, some with brokerages that have multiple licensees, and others with large brokerage companies that have multiple offices and may have a regional, statewide or a national or international presence. Each has its own advantages. It is important for buyers and sellers to understand how the Brokerage representation of multiple buyers or sellers may impact them under various situations.
A. MULTIPLE BUYERS: Brokerage (individually or through any of its Associate Licensees) may work with many prospective buyers at the same time. These prospective buyers may have an interest in, and make offers on, the same properties. Some of these properties may be listed by the Brokerage. Whether Brokerage is large or small, it is possible that one Associate-Licensee (agent 1) working with a buyer may not be aware that another Associate- Licensee (agent 2) is working with a different buyer who is interested in viewing or making an offer on the same property as agent 1's client, and vise-versa. Brokerage will not limit or restrict any buyer from making an offer on any specific property, whether or not the Brokerage represents other buyers interested in the same property.
B. MULTIPLE SELLERS: Brokerage (individually or through its Associate Licensees) may have listings on many properties at the same time. As a result, Brokerage will attempt to find buyers for each of those listed properties.
Some listed properties may appeal to the same prospective buyers. Some properties may attract more prospective buyers than others. Some of these prospective buyers may be represented by Brokerage and some may not.
Brokerage will market all listed properties to all prospective buyers, whether or not Brokerage has other listed properties that may appeal to the same prospective buyers.
C. DUAL AGENCY IN A TRANSACTION:California law allows a brokerage to represent both a buyer and a seller in a transaction (Civil Code § 2079 et seq.).
(1) Brokerage Dual Agency:If one Associate-Licensee from the Brokerage is working with a buyer and another Associate-Licensee from the same Brokerage is working with a seller on the same transaction, the Brokerage is considered a dual agent with fiduciary duties to both buyer and seller. In that situation, each individual Associate Licensee working on the transaction is also considered a dual agent having the same knowledge and responsibility as the Brokerage.
(2) Single Agent Dual Agency:Another form of dual agency occurs when an individual Associate-Licensee is working with both the buyer and seller in the same transaction. In that situation, both the Brokerage company and the individual Associate-Licensee are dual agents with fiduciary duties to each side of the transaction.
There is no one approach to this situation. Some brokerages allow the single agent dual agent to continue to represent both parties, as that Associate-Licensee is the chosen agent of the principal. Some brokerages recommend that the broker or an office manager get involved if there is a dispute between the buyer and seller.
Some brokerages will require that the broker or an office manager assist the Associate-Licensee with one principal or the other, even if the parties do not have a dispute. Whether one of these approaches, or another, is taken in a single agent dual agency will depend on the circumstances and the brokerage policy. Regardless of the approach, the Associate-Licensee and Brokerage shall conduct activity consistent with the terms in paragraph 2C.
2. ACKNOWLEDGEMENT AND CONSENT:
A. OFFERS ARE NOT NECESSARILY CONFIDENTIAL:Buyer is advised that seller or listing agent may disclose the existence, terms, or conditions of buyer's offer to other interested buyers and agents unless all parties and their agent have signed a written confidentiality agreement, (C.A.R. Form NDA). In the absence of a signed NDA, Buyer consents to such disclosure. Whether any such information is actually disclosed depends on many factors, such as current market conditions, the prevailing practice in the real estate community, the listing agent's marketing strategy, and the instructions of the seller.
B. MULTIPLE BUYERS OR SELLERS:If Seller is represented by Brokerage, Seller acknowledges that Brokerage may represent prospective buyers of Seller's property and consents to Brokerage acting as a dual agent for both Seller and buyer in that transaction. If Buyer is represented by Brokerage, Buyer acknowledges that Brokerage may represent sellers of property that Buyer is interested in acquiring and consents to Brokerage acting as a dual agent for both Buyer and seller with regard to that property.
C. DUAL AGENCY IN A TRANSACTION:In the event of dual agency, Seller and Buyer agree that:(i) a dual agent may not, without the express permission of the respective party, disclose to the other party confidential information, including, but not limited to, facts relating to either the buyer's or seller's financial position, motivations, bargaining position, or other personal information that may impact price, including the Seller's willingness to accept a price less than the listing price or the Buyer's willingness to pay a price greater than the price offered; and(ii) except as set forth above, a dual agent is obligated to disclose known facts materially affecting the value or desirability of the Property to both parties. Seller and Buyer should discuss with a dual agent the details and parameters of this requirement. Seller and/or Buyer consents to allowing Brokerage to act as a dual agent in a transaction.
PRBS REVISED 6/25 (PAGE 1 OF 2)
POSSIBLE REPRESENTATION OF MORE THAN ONE BUYER OR SELLER (PRBS PAGE 1 OF 2) Phone: Fax:
Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com
CA 15166 FOOTHILL B
Mohammad Monshizadeh 334
By signing below, Buyer and/or Seller acknowledge that each has received a copy of this Possible Representation of More Than One Buyer or Seller ‒- Disclosure and Consent, and each has read, understands, and agrees to its terms and consents to the agency possibilities disclosed.
Buyer Date
Buyer Date
Seller Date
Seller Date
Buyer's Brokerage Firm DRE Lic #
By DRE Lic # Date
Seller's Brokerage Firm DRE Lic #
By DRE Lic # Date
© 2025, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®.
Published and Distributed by: REAL ESTATE BUSINESS SERVICES, LLC.a subsidiary of the California Association of REALTORS® PRBS REVISED 6/25 (PAGE 2 OF 2)
POSSIBLE REPRESENTATION OF MORE THAN ONE BUYER OR SELLER (PRBS PAGE 2 OF 2) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com
City of Fontana
Aldea Foothill Two , LLC
MCO Developemnt, Inc. 02121643
01861923
Mohammad Monshizadeh
15166 FOOTHILL B
03/23/2026
03/23/2026
03/23/2026 335
FAIR HOUSING AND DISCRIMINATION ADVISORY
(C.A.R. Form FHDA, Revised 12/24)
1. EQUAL ACCESS TO HOUSING FOR ALL:All housing in California is available to all persons. Discrimination as noted below is prohibited by law. Resources are available for those who have experienced unequal treatment under the law.
2. FEDERAL AND STATE LAWS PROHIBIT DISCRIMINATION AGAINST IDENTIFIED PROTECTED CLASSES:
A. FEDERAL FAIR HOUSING ACT (“FHA”) Title VIII of the Civil Rights Act; 42 U.S.C. §§ 3601-3619; Prohibits discrimination in sales, rental or financing of residential housing against persons in protected classes; B. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT (“FEHA”) California Government Code (“GC”) §§ 12900- 12996,12955; 2 California Code of Regulations (“CCR”) §§ 12005-12271; Prohibits discrimination in sales, rental or financing of housing opportunity against persons in protected classes by providers of housing accommodation and financial assistance services as related to housing;
C. CALIFORNIA UNRUH CIVIL RIGHTS ACT (“Unruh”) California Civil Code (“CC”) § 51; Prohibits business establishments from discriminating against, and requires full and equal accommodation, advantages, facilities, privileges, and services to persons in protected classes;
D. AMERICANS WITH DISABILITIES ACT (“ADA”) 42 U.S.C. §§ 12181-12189; Title III of the ADA prohibits discrimination based on disability in public accommodations; and
E. OTHER FAIR HOUSING LAWS: § 504 of Rehabilitation Act of 1973 29 U.S.C. § 794; Ralph Civil Rights Act CC § 51.7; California Disabled Persons Act; CC §§ 54-55.32; any local city or county fair housing ordinances, as applicable.
3. POTENTIAL LEGAL REMEDIES FOR UNLAWFUL DISCRIMINATION: Violations of fair housing laws may result in monetary civil fines, injunctive relief, compensatory and/or punitive damages, and attorney fees and costs.
4. PROTECTED CLASSES/CHARACTERISTICS: Whether specified in Federal or State law or both, discrimination against persons based on that person's belonging to, association with, or perceived membership in, certain classes or categories, such as the following, is prohibited. Other classes, categories or restrictions may also apply.
Race (and race traits) Color Ancestry National Origin Religion Age Sex, Sexual Orientation Gender, Gender Identity,
Gender expression
Marital Status Familial Status (family with
a child or children under
18)
Citizenship Immigration Status Primary Language Military/Veteran Status Source of Income (e.g., Section 8 Voucher)
Medical Condition Disability (Mental & Physical) Genetic Information Criminal History (non- relevant convictions)
Any Arbitrary Characteristic
or Intersectionality
5. THE CALIFORNIA DEPARTMENT OF REAL ESTATE REQUIRES TRAINING AND SUPERVISION TO PREVENT HOUSING DISCRIMINATION BY REAL ESTATE LICENSEES:
A. California Business & Professions Code (“B&PC”) § 10170.5(a)(4) requires 3 hours of training on fair housing for DRE license renewal; Real Estate Regulation § 2725(f) requires brokers who oversee salespersons to be familiar with the requirements of federal and state laws relating to the prohibition of discrimination.
B. Violation of DRE regulations or real estate laws against housing discrimination by a real estate licensee may result in the loss or suspension of the licensee's real estate license. B&PC §10177(l)(1); 10 CCR § 2780
6. REALTOR® ORGANIZATIONS PROHIBIT DISCRIMINATION: NAR Code of Ethics Article 10 prohibits discrimination in employment practices or in rendering real estate license services against any person because of race, color, religion, sex, disability, familial status, national origin, sexual orientation, or gender identity by REALTORS®.
7. WHO IS REQUIRED TO COMPLY WITH FAIR HOUSING LAWS?
Below is a non-exclusive list of providers of housing accommodations or financial assistance services as related to housing who are most likely to be encountered in a housing transaction and who must comply with fair housing laws. ● Sellers ● Landlords/Housing Providers ● Sublessors ● Real estate licensees ● Real estate brokerage firms ● Property managers ● Mobilehome parks ● Homeowners Associations (“HOAs”); ● Banks and Mortgage lenders ● Insurance companies ● Government housing services ● Appraisers
8. EXAMPLES OF CONDUCT THAT MAY NOT BE MOTIVATED BY DISCRIMINATORY INTENT BUT COULD HAVE A DISCRIMINATORY EFFECT:
A. Prior to acceptance of an offer, asking for or offering buyer personal information or letters from the buyer, especially with photos.
Those types of documents may inadvertently reveal, or be perceived as revealing, protected status information thereby increasing the risk of(i) actual or unconscious bias, and(ii) potential legal claims against sellers and others by prospective buyers whose offers were rejected.
B. Refusing to rent(i) an upper-level unit to an elderly tenant out of concern for the tenant's ability to navigate stairs or(ii) a house with a pool to a person with young children out of concern for the children's safety.
9. EXAMPLES OF UNLAWFUL OR IMPROPER CONDUCT BASED ON A PROTECTED CLASS OR CHARACTERISTIC:
A. Refusing to negotiate for a sale, rental or financing or otherwise make a housing opportunity unavailable; failing to present offers due to a person's protected status;
B. Refusing or failing to show, rent, sell or finance housing; “channeling” or “steering” a prospective buyer or tenant to or away from a particular area due to that person's protected status or because of the racial, religious or ethnic composition of the neighborhood; C. “Blockbusting” or causing “panic selling” by inducing a listing, sale or rental based on the grounds of loss of value of property, increase in crime, or decline in school quality due to the entry or prospective entry of people in protected categories into the neighborhood;
D. Making any statement or advertisement that indicates any preference, limitation, or discrimination; © 2024, California Association of REALTORS®, Inc.
FHDA REVISED 12/24 (PAGE 1 OF 2)
FAIR HOUSING AND DISCRIMINATION ADVISORY (FHDA PAGE 1 OF 2) Phone: Fax:
Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com
CA 15166 FOOTHILL B
Mohammad Monshizadeh
336
E. Inquiring about protected characteristics (such as asking tenant applicants if they are married, or prospective purchasers if they have children or are planning to start a family);
F. Using criminal history information before otherwise affirming eligibility, and without a legally sufficient justification; G. Failing to assess financial standards based on the portion of the income responsible by a tenant who receives government subsidies (such as basing an otherwise neutral rent to income ratio on the whole rent rather than just the part of rent that is the tenant's responsibility);
H. Denying a home loan or homeowner's insurance;
I. Offering inferior terms, conditions, privileges, facilities or services; J. Using different qualification criteria or procedures for sale or rental of housing such as income standards, application requirements, application fees, credit analyses, sale or rental approval procedures or other requirements; K. Harassing a person;
L. Taking an adverse action based on protected characteristics; M. Refusing to permit a reasonable modification to the premises, as requested by a person with a disability (such as refusing to allow a tenant who uses a wheelchair to install, at their expense, a ramp over front or rear steps, or refusing to allow a tenant with a disability from installing, at their own expense, grab bars in a shower or bathtub); N. Refusing to make reasonable accommodation in policies, rules, practices, or services for a person with a disability (such as the following, if an actual or prospective tenant with a disability has a service animal or support animal):
(i) Failing to allow that person to keep the service animal or emotional support animal in rental property, (ii) Charging that person higher rent or increased security deposit, or (iii) Failing to show rental or sale property to that person who is accompanied by the service animal or support animal, and; O. Retaliating for asserting rights under fair housing laws.
10. EXAMPLES OF POSITIVE PRACTICES:
A. Real estate licensees working with buyers or tenants should apply the same objective property selection criteria, such as location/neighborhood, property features, and price range and other considerations, to all prospects.
B. Real estate licensees should provide complete and objective information to all clients based on the client's selection criteria.
C. Real estate licensees should provide the same professional courtesy in responding to inquiries, sharing of information and offers of assistance to all clients and prospects.
D. Housing providers should not make any statement or advertisement that directly or indirectly implies preference, limitation, or discrimination regarding any protected characteristic (such as “no children” or “English-speakers only”).
E. Housing providers should use a selection process relying on objective information about a prospective buyer's offer or tenant's application and not seek any information that may disclose any protected characteristics (such as using a summary document, e.g. C.A.R. Form SUM-MO, to compare multiple offers on objective terms).
11. FAIR HOUSING RESOURCES: If you have questions about your obligations or rights under the Fair Housing laws, or you think you have been discriminated against, you may want to contact one or more of the sources listed below to discuss what you can do about it, and whether the resource is able to assist you.
A. Federal: https://www.hud.gov/program_offices/fair_housing_equal_opp B. State: https://calcivilrights.ca.gov/housing/
C. Local: local Fair Housing Council office (non-profit, free service) D. DRE: https://www.dre.ca.gov/Consumers/FileComplaint.html E. Local Association of REALTORS®. List available at:https://www.car.org/en/contactus/rosters/localassociationroster.
F. Any qualified California fair housing attorney, or if applicable, landlord-tenant attorney.
12. LIMITED EXCEPTIONS TO FAIR HOUSING REQUIREMENTS: No person should rely on any exception below without first seeking legal advice about whether the exception applies to their situation. Real estate licensees are not qualified to provide advice on the application of these exceptions.
A. Legally compliant senior housing is exempt from FHA, FEHA and Unruh as related to age or familial status only; B. An owner of a single-family residence who resides at the property with one lodger may be exempt from FEHA for rental purposes, PROVIDEDno real estate licensee is involvedin the rental; C. An owner of a single-family residence may be exempt from FHA for sale or rental purposes, PROVIDED(i) no real estate licensee is involvedin the sale or rental and(ii) no discriminatory advertising is used, and(iii) the owner owns no more than three single-family residences. Other restrictions apply; D. An owner of residential property with one to four units who resides at the property, may be exempt from FHA for rental purposes, PROVIDEDno real estate licensee is involvedin the rental; and E. Both FHA and FEHA do not apply to roommate situations. See,Fair Housing Council v Roommate.com LLC, 666 F.3d 1216 (2019).
F. Since both the 14th Amendment of the U.S. Constitution and the Civil Rights Act of 1866 prohibit discrimination based on race; the FHA and FEHA exemptions do not extend to discrimination based on race.
Buyer/Tenant and Seller/Housing Provider have read, understand and acknowledge receipt of a copy of this Fair Housing & Discrimination Advisory.
Buyer/Tenant Date
Buyer/Tenant Date
Seller/Housing Provider Date
Seller/Housing Provider Date
© 2024, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproductionof this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVEDBY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION INANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®.
Published and Distributed by: REAL ESTATE BUSINESS SERVICES, LLC.a subsidiary of the California Association of REALTORS® FHDA REVISED 12/24 (PAGE 2 OF 2)
FAIR HOUSING AND DISCRIMINATION ADVISORY (FHDA PAGE 2 OF 2) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com
City of Fontana
Aldea Foothill Two , LLC
15166 FOOTHILL B
03/23/2026
03/23/2026
337
WIRE FRAUD AND ELECTRONIC FUNDS
TRANSFER ADVISORY
(C.A.R. Form WFA, Reviewed 6/25)
WIRE FRAUD AND ELECTRONIC FUNDS TRANSFERS ADVISORY:
The ability to communicate and conduct business electronically is a convenience and reality in nearly all parts of our lives.
At the same time, it has provided hackers and scammers new opportunities for their criminal activity. Many businesses have been victimized and the real estate business is no exception.
While wiring or electronically transferring funds is a welcome convenience, we all need to exercise extreme caution.
Emails attempting to induce fraudulent wire transfers have been received and have appeared to be legitimate. Reports indicate that some hackers have been able to intercept emailed transfer instructions, obtain account information and, by altering some of the data, redirect the funds to a different account. It also appears that some hackers were able to provide false phone numbers for verifying the wiring or funds transfer instructions. In those cases, the victim called the number provided to confirm the instructions, and then unwittingly authorized a transfer to somewhere or someone other than the intended recipient.
ACCORDINGLY, YOU ARE ADVISED:
1. Obtain phone numbers and account numbers only from Escrow Officers, Property Managers, or Housing Providers at the beginning of the transaction.
2. DO NOT EVER WIRE OR ELECTRONICALLY TRANSFER FUNDS PRIOR TO CALLING TO CONFIRM THE TRANSFER INSTRUCTIONS. ONLY USE A PHONE NUMBER YOU WERE PROVIDED PREVIOUSLY. Do not use any different phone number or account number included in any emailed transfer instructions.
3. Orally confirm the transfer instruction is legitimate and confirm the bank routing number, account numbers and other codes before taking steps to transfer the funds.
4. Avoid sending personal information in emails or texts. Provide such information in person or over the telephone directly to the Escrow Officer, Property Manager, or Housing Provider.
5. Take steps to secure the system you are using with your email account. These steps include creating strong passwords, using secure WiFi, and not using free services.
If you believe you have received questionable or suspicious wire or funds transfer instructions, immediately notify your bank, and the other party, and the Escrow Office, Housing Provider, or Property Manager. The sources below, as well as others, can also provide information:
Federal Bureau of Investigation: https://www.fbi.gov/; the FBI's IC3 at www.ic3.gov; or 310-477-6565 National White Collar Crime Center: http://www.nw3c.org/ On Guard Online: https://www.onguardonline.gov/
NOTE: There are existing alternatives to electronic and wired fund transfers such as cashier's checks.
The term “Housing Provider” also includes Landlord or Rental Property Owner.
By signing below, Buyer/Tenant and Seller/Housing Provider acknowledge that each has received a copy of this Wire Fraud and Electronic Funds Transfer Advisory, and each has read and understands its terms.
Buyer/Tenant Date
Buyer/Tenant Date
Seller/Housing Provider Date
Seller/Housing Provider Date
© 2025, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®.
Published and Distributed by: REAL ESTATE BUSINESS SERVICES, LLC.a subsidiary of the California Association of REALTORS® WFA REVIEWED 6/25 (PAGE 1 OF 1)
WIRE FRAUD AND ELECTRONIC FUNDS TRANSFER ADVISORY (WFA PAGE 1 OF 1) Phone: Fax:
Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com
City of Fontana
Aldea Foothill Two , LLC
CA 15166 FOOTHILL B
Mohammad Monshizadeh
03/23/2026
03/23/2026
338
CALIFORNIA CONSUMER PRIVACY ACT ADVISORY,
DISCLOSURE AND NOTICE
(C.A.R. Form CCPA, Revised 12/22)
The California Consumer Privacy Act (commencing with Civil Code § 1798.100) (“CCPA”), as amended by California voters in 2020, grants to California residents certain rights in their private, personal information (“PI”) that is collected by companies with whom they do business. Under the CCPA, PI is defined broadly to encompass non-public records information that could reasonably be linked directly or indirectly to you. PI could potentially include photographs of, or sales information about, your property.
During the process of buying and selling real estate your PI will be collected and likely shared with others, including real estate licensees, a Multiple Listing Service, real estate internet websites, service providers, lenders, and title and escrow companies, to name several possibilities. Businesses that are covered by the CCPA are required to grant you various rights in your PI, including the right to know what PI is collected, the right to know what PI is sold or shared and to whom, the right to request that the business correct or delete your PI, the right to “opt out” or stop the transfer of your PI to others, and the right to limit the use of certain PI which is considered “sensitive.” You may get one or more notices regarding your CCPA rights from businesses you interact with in a real estate transaction. However, not all businesses that receive or share your PI are obligated to comply with the CCPA. Moreover, businesses that are otherwise covered under the CCPA may have a legal obligation to maintain PI, notwithstanding your instruction to the contrary. For instance, regardless of whether they are covered by CCPA, under California law, brokers and Multiple Listing Services are required to maintain their records for 3 years. If you wish to exercise your rights under CCPA, where applicable, you should contact the respective business directly.
You can obtain more information about the CCPA and your rights under the law from the State of California Department of Justice (oag.ca.gov/privacy/ccpa). Additionally, the California Privacy Protection Agency is authorized to promulgate regulations which may further clarify requirements of the CCPA (cppa.ca.gov/regulations/).
I/we acknowledge receipt of a copy of this California Consumer Privacy Act Advisory, Disclosure and Notice.
Buyer/Seller/Landlord/Tenant Date
Buyer/Seller/Landlord/Tenant Date
© 2022, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics.
Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS® 525 South Virgil Avenue, Los Angeles, California 90020
CCPA REVISED 12/22 (PAGE 1 OF 1)
CALIFORNIA CONSUMER PRIVACY ACT ADVISORY (CCPA PAGE 1 OF 1) Phone: Fax:
Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com
City of Fontana
CA 15166 FOOTHILL B
Mohammad Monshizadeh
03/23/2026
339
INCREASED DEPOSIT ADDENDUM
(To be used with an offer, counter offer, or amendment) (C.A.R. Form IDA, 12/24)
The following terms and conditions are hereby incorporated into the Purchase Agreement, OR Other (“Agreement”), dated ,
on property known as (“Property”),
between (“Buyer”)
and (“Seller”).
Buyer and Seller are referred to as the “Parties.”
1. INCREASED DEPOSIT: Buyer agrees to deposit with Escrow Holder, in the same manner as the Initial Deposit, upon removal of all contingencies OR on (date) OR upon the sum of Dollars ($ ).
2. COMBINED DEPOSIT: The combined total of the Initial Deposit and the Increased Deposit shall be $ ( % of purchase price). The % specified is for calculation purposes and is not a contractual term.
3. APPLICATION OF INCREASED DEPOSIT TO LIQUIDATED DAMAGES: If the Parties agree to liquidated damages in this Agreement, they also agree to incorporate the increased deposit into the liquidated damages amount by signing a new liquidated damages clause (C.A.R. Form DID) at the time the increased deposit is delivered to Escrow Holder.
The undersigned have read and acknowledge receipt of a copy of this Increased Deposit Addendum.
SELLER Date
SELLER Date
BUYER Date
BUYER Date
© 2024, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®.
Published and Distributed by: REAL ESTATE BUSINESS SERVICES, LLC.a subsidiary of the California Association of REALTORS® IDA 12/24 (PAGE 1 OF 1)
INCREASED DEPOSIT ADDENDUM (IDA PAGE 1 OF 1)
Phone: Fax:
Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com
15166 FOOTHILL BLVD, FONTANA, CA 92335 8026
City of Fontana
Aldea Foothill Two , LLC
Aldea Foothill Two , LLC
City of Fontana
CA 15166 FOOTHILL B
Mohammad Monshizadeh
03/23/2026
03/23/2026
340
ADDENDUM TO VLPA
Property: 15166 Foothill Blvd, Fontana CA
PAGE 1
1. Parties:
Buyer shall be referred to as City of Fontana, a California municipal corporation.
Seller shall be referred to as Aldea Foothill Two, LLC, a California limited liability company.
2. Notice Addresses for the Parties.
To Seller:
Aldea Foothill Two, LLC
Attn: Mohammad Monshizadeh
One Venture, Suite 130
Irvine, California 92618
To Buyer:
City of Fontana
Attn: Matthew Ballantyne
8353 Sierra Ave.
Fontana, CA 92335.
3. Initial Deposit. Within five (5) business days after Seller executes the Vacant Land Purchase Agreement and Joint Escrow Instructions (hereafter “Agreement”), the Parties shall (i) instruct the Escrow Holder to open escrow, and (ii) Buyer shall deposit One Hundred Thousand Dollars ($100,000.00) into the Escrow (hereafter “Initial Deposit”). The Initial Deposit shall be refundable through the end of the Feasibility Period, as defined below, in section 4 of this Addendum.
4. Feasibility Period. Seller shall have 60 days after full execution of the Agreement (hereafter “Feasibility Period”)
5. Escrow. Escrow or Escrow Holder means First American Title.
6. Effect of Approval or Disapproval of Fontana’s City Council on the Initial Deposit.
If Fontana City Council approves the Agreement during the Feasibility Period and/or any extensions thereof, then the initial deposit of $100,000 becomes non-refundable.
If however, Fontana City Council does not approve the Agreement during the Feasibility Period and/or any extensions thereof, then the Escrow Holder is hereby instructed to immediately return the Initial Deposit to Buyer without condition, deduction, or requirement of Seller consent. Seller shall have no claim or entitlement to the Initial Deposit prior to City Council approval.
341
ADDENDUM TO VLPA
Property: 15166 Foothill Blvd, Fontana CA
PAGE 2
7. Council Approval; Municipal Authority. Execution by any City personnel is conditioned upon approval by the City Council. No act, signature, or communication by City staff or consultants binds the City absent such approval.
8. Option Payment. By no later than the expiration of the Feasibility Period, Buyer will deposit a non-refundable One Million Six Hundred Thousand Dollars ($1,600,000.00) (Option Money), which shall be credited toward the purchase price at Close of Escrow.
9. Seller Entitlement Obligations. Seller, at Seller’s sole cost and discretion, shall process all required entitlements for a multifamily development of not fewer than 80 units and not more than 100 units, including environmental documentation, technical studies, and all legislative and administrative approvals required by the City.
10. Entitlement Timeline; Sunset Date; Extensions. The entitlement schedule and outside sunset date is tentatively 05/31/2027. The Parties will determine a firm entitlement schedule and outside sunset date prior to the end of the Feasibility Period, in writing. Any extension of the entitlement timeline or sunset date is in the City’s sole discretion. If entitlements are not approved within ninety (90) days after the sunset date, Buyer and Seller may mutually agree to one or more 90- day extensions. If Buyer elects not to extend the sunset date, in Buyer’s sole and absolute discretion, Seller shall be declared in Default of the Agreement and shall return the Option Payment to Buyer, the Agreement shall terminate and the Parties shall have no further obligation to each other.
11. Instruments of Service. Buyer acknowledges that the site plans, entitlements, and preliminary engineering (“Instruments of Service”) are the intellectual property of Seller’s retained consultants (“Project Engineer”). The right to use, modify, or submit these plans for Final Engineering is governed by the specific Professional Services Agreement between Seller and Project Engineer and Architect. Seller shall transfer the right to use these Instruments of Service to Buyer at Closing, provided that such transfer is conditioned upon the Buyer’s assumption of the existing contract with the Project Engineer.
12. Close of Escrow. Close of Escrow shall be on the earlier date of the City Council’s approval of Seller’s entitlements and May 31, 2027.
13. Taxes and Assessments. Taxes and assessments shall be prorated as of Close of Escrow.
Seller shall be responsible for all taxes, assessments, and reassessments attributable to any period before Close of Escrow, including any supplemental or escape assessments issued after closing, for pre-closing taxes and assessments.
342
ADDENDUM TO VLPA
Property: 15166 Foothill Blvd, Fontana CA
PAGE 3
14. City Representations; No Implied Warranties. Buyer makes no representations or warranties except as expressly stated. No oral statements or conduct by City employees or consultants constitute a representation or waiver.
15. Seller Representations:
(a) Seller has full right, power, and authority to enter into the Agreement, including amendments thereto, and can perform thereunder;
(b) Seller holds title to the Property free and clear of all monetary liens, other than those released at Close of Escrow;
(c) Seller is not in bankruptcy, receivership, probate, insolvency, or similar proceeding that would affect Seller or the Property;
(d) To Seller’s best knowledge, without duty of inquiry, no Hazardous Materials are present, released, or threatened on or from the Property, except as disclosed in writing to Buyer prior to Close of Escrow;
(e) No litigation, claim, or administrative action is pending or threatened affecting the Property or Seller’s ability to convey title to Property; and
(f) Seller has not granted any option, right of first refusal, or other right to purchase the Property.
The above-referenced representations shall survive Close of Escrow.
16. Indemnification by Seller. Seller shall indemnify, defend and hold Buyer harmless against any claims, liabilities, damages, penalties, losses, or expenses relating to Seller’s operation of the Property during its ownership.
17. Brokers. Seller shall be responsible for payment of its broker/agent, MCO Development, Inc./Mohammad Monshizadeh. Seller hereby discloses to Buyer that Mohammad Monshhizadeh is a principal of both MCO Development, Inc. and Seller.
18. Liquidated Damages. The Initial Deposit ($100,000) is the Liquidated Damages. The Option Money is not included in, or subject to, the Liquidated Damages provision.
19. Title Review; Title Deliverables; Title Objections. Within five (5) business days after opening escrow, Escrow Holder shall cause the Title Company to issue a Preliminary Title Report (hereafter “PTR”) and complete copies of all documents referenced therein (“Title Deliverables”).
Seller shall deliver the PTR to Buyer. Buyer shall have 15 days (hereafter “Review Period”) from receipt of the PTR to review the PTR and Title Deliveries, to approve, disapprove or object to the PTR 343
ADDENDUM TO VLPA
Property: 15166 Foothill Blvd, Fontana CA
PAGE 4
and other Title Deliverables, if applicable, at Byer’s sole discretion. Seller shall have ten (10) days to notify Buyer whether Seller will cure the objection. If Seller elects not to cure (or fails to cure at least fifteen (15) days before closing), Buyer may either terminate and receive immediate return of all funds or waive the objection. Seller shall, at Seller’s sole cost, remove all monetary liens and deeds of trust, mechanics’ liens, judgments, unpaid taxes, or assessments before Close of Escrow. Buyer shall be entitled to an ALTA owner’s policy in the amount of the purchase price, subject only to approved exceptions.
20. Addendum Controls. In the event of a conflict between the terms of the Agreement and this Addendum, this addendum controls and supersedes the terms of the Agreement.
21. Permit Streamlining Act Extension. The parties acknowledge that Buyer’s obligation to close is contingent upon obtaining discretionary and/or ministerial approvals for the Project (the “Entitlements”). If the City of Fontana fails to meet any applicable completeness determination, review, or approval deadline established under the California Permit Streamlining Act (Government Code § 65920 et seq.) or any successor statute (the “PSA”), then all time periods in this Agreement tied to the Closing Date, including any Outside Closing Date, shall automatically be extended on a day-for-day basis for the duration of such delay, provided Buyer is diligently pursuing such Entitlements. Any such extension shall not constitute a default by Buyer.
22. City Council Approval. Notwithstanding anything to the contrary, Buyer shall have no obligation to perform or close escrow unless and until the City Council of the City of Fontana has approved the Agreement at a duly noticed public meeting. Escrow shall not close absent such approval.
23. Purchase Price and Deposit. The Purchase Price of Three Million Two Hundred Thousand Dollars ($3,200,000) shall be paid in cash at Close of Escrow. The Purchase Price shall include, without limitation, all of Seller’s right, title, and interest in and to the Property, including the land, all buildings and improvements thereon, all fixtures, easements, rights-of-way, privileges, appurtenances, development rights, air rights, water rights (if any), mineral rights (if any), and any and all rights and interests appurtenant thereto.
The Purchase Price shall further include all assignable governmental approvals, permits, entitlements, site plans, studies, surveys, reports, engineering documents, warranties, guaranties, and contracts relating to the Property, to the extent assignable by Seller.
The initial deposit shall be fully refundable during the sixty (60) day Feasibility Period. 344
ADDENDUM TO VLPA
Property: 15166 Foothill Blvd, Fontana CA
PAGE 5
Any release of deposit to Seller shall occur only upon written authorization executed by the City Manager following City Council approval of feasibility. No portion of the deposit shall become non- refundable automatically during the Feasibility Period.
If the transaction is conditioned upon completion of entitlements and such entitlements are not approved, denied, materially conditioned, or not obtained by the Outside Date, as extended, all deposits not previously released in writing by Buyer shall be returned to Buyer.
24. Entitlement Contingency. Close of Escrow is expressly conditioned upon Buyer obtaining, in its sole discretion, all land use entitlements, approvals, permits, and discretionary approvals necessary for Buyer’s intended use of the Property (“Entitlements”). Buyer shall control the entitlement process. If Entitlements are not obtained by 05/31/2027 (“Outside Date”), Buyer may terminate the Agreement and receive return of its Initial Deposit.
25. Environmental Matters. Seller represents that Seller has not received written notice from any governmental authority alleging the presence of Hazardous Materials at, on, under, or migrating from the Property in violation of Environmental Laws. Except as disclosed in the Phase I Report, Seller has no actual knowledge of any release, disposal, dumping, or discharge of Hazardous Materials at, on, under, or from the Property during Seller’s period of ownership.
26. Closing Costs. Buyer is a public agency and is exempt from payment of documentary transfer taxes pursuant to California Revenue and Taxation Code § 11922. Seller shall pay documentary transfer taxes and the premium for the owner’s standard coverage title policy. Each party shall pay its customary share of escrow fees.
27. Attorneys’ Fees in Connection with this Agreement. Each party shall bear its own attorneys’ fees and costs in connection with this Agreement and the transaction contemplated herein.
28. Escrow Instructions. Escrow Holder shall not prepare, amend, or modify escrow instructions without prior written approval of the City Attorney or authorized representative of Buyer.
29. Non-Appropriation. Buyer’s obligations are subject to lawful appropriation of funds by the City Council of the City of Fontana.
By signing below, Buyer and Seller acknowledge that each has received a copy of this Addendum, and each has read, understands, and agrees to its terms.
345
ADDENDUM TO VLPA
Property: 15166 Foothill Blvd, Fontana CA
PAGE 6
Buyer:
City of Fontana
A Municipal Corporation
Date: March ___, 2026 By: _______________________
Name:
Its:
Seller:
Aldea Fontana Two, LLC
A California Limited Liability Company
Date: March ___, 2026 By: _______________________
Name:
Its:
23 City Manager
Matthew Ballantyne
Mohammad Monshizadeh
23 Managing Member
346
Certificate Of Completion
Envelope Id: F74192A3-3570-45BA-8F8D-2A08FB3F87EA Status: Completed Subject: Complete with Docusign: 15166_FOOTHILL_BLVD (2).pdf Source Envelope:
Document Pages: 35 Signatures: 19 Envelope Originator:
Certificate Pages: 6 Initials: 40 Purchasing Office
AutoNav: Disabled
EnvelopeId Stamping: Disabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
8353 Sierra Avenue
Fontana, CA 92335
[email protected]
IP Address: 192.146.186.99
Record Tracking
Status: Original
3/19/2026 | 04:56 PM
Holder: Purchasing Office
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Matt Ballantyne
[email protected]
City Manager
City of Fontana
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 192.146.186.99
Sent: 3/23/2026 | 01:44 PM
Viewed: 3/23/2026 | 01:59 PM
Signed: 3/23/2026 | 02:03 PM
Electronic Record and Signature Disclosure:
Accepted: 3/23/2026 | 01:59 PM
ID: be46c7d5-3488-4368-a1c2-6ed99767a687
Mohammad Monshizadeh
[email protected]
Managing Member / Authorized Agent
Cherry Village Inland, LLC
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 72.213.243.51
Sent: 3/19/2026 | 06:45 PM
Resent: 3/23/2026 | 01:13 PM
Resent: 3/23/2026 | 02:03 PM
Viewed: 3/23/2026 | 03:25 PM
Signed: 3/23/2026 | 03:27 PM
Electronic Record and Signature Disclosure:
Accepted: 3/23/2026 | 03:25 PM
ID: bda6887e-dac2-4430-80ce-0dbedaf5de38
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Purchasing Office
[email protected]
www.fontanapurchasing.org
OPR Communications
Security Level: Email, Account Authentication
(None)
Sent: 3/19/2026 | 05:01 PM
Resent: 3/23/2026 | 03:28 PM
Resent: 3/23/2026 | 03:28 PM
Viewed: 3/19/2026 | 05:01 PM
Electronic Record and Signature Disclosure:
Accepted: 3/17/2026 | 09:26 AM
ID: c97e9a4c-2ea8-4826-98e7-a14366f78f27
347
Carbon Copy Events Status Timestamp
City Clerk Office
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 3/23/2026 | 03:28 PM
Viewed: 3/23/2026 | 03:39 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Linda Alonzo
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 3/23/2026 | 03:28 PM
Electronic Record and Signature Disclosure:
Accepted: 2/18/2026 | 10:49 AM
ID: 44093a22-eb81-40e7-aafc-df0f449869af
Phillip Burum
[email protected]
Deputy City Manager
Security Level: Email, Account Authentication
(None)
Sent: 3/23/2026 | 03:28 PM
Viewed: 3/23/2026 | 03:36 PM
Electronic Record and Signature Disclosure:
Accepted: 3/23/2026 | 03:11 PM
ID: adb0cfbb-4441-4121-b9f8-e71ce01d1c82
Tanya Ruiz
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 3/23/2026 | 03:28 PM
Electronic Record and Signature Disclosure:
Accepted: 12/3/2025 | 04:38 PM
ID: b2da0079-db8a-4125-ae90-61365218eb3e
Laurie Miller
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 3/23/2026 | 03:28 PM
Electronic Record and Signature Disclosure:
Accepted: 4/3/2025 | 04:34 PM
ID: 4b1f8c38-592c-4aa8-b4b1-0ed5964022ac
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 3/19/2026 | 05:01 PM
Envelope Updated Security Checked 3/19/2026 | 06:45 PM
Envelope Updated Security Checked 3/19/2026 | 06:45 PM
Envelope Updated Security Checked 3/19/2026 | 06:45 PM
Envelope Updated Security Checked 3/19/2026 | 06:45 PM
Envelope Updated Security Checked 3/19/2026 | 06:45 PM
Envelope Updated Security Checked 3/19/2026 | 06:45 PM
Envelope Updated Security Checked 3/19/2026 | 06:45 PM
Envelope Updated Security Checked 3/19/2026 | 06:45 PM
Envelope Updated Security Checked 3/19/2026 | 06:45 PM
Envelope Updated Security Checked 3/23/2026 | 01:44 PM
Envelope Updated Security Checked 3/23/2026 | 01:44 PM
Certified Delivered Security Checked 3/23/2026 | 03:25 PM Signing Complete Security Checked 3/23/2026 | 03:27 PM
Completed Security Checked 3/23/2026 | 03:28 PM
348
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
349
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Electronic Record and Signature Disclosure created on: 2/2/2017 | 06:54 AM Parties agreed to: Matt Ballantyne, Mohammad Monshizadeh, Purchasing Office, Linda Alonzo, Phillip Burum, Tanya Ruiz, Laurie Miller 350
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351
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352
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0942 Agenda Date: 4/28/2026
Agenda #: O. Category: Consent Calendar
FROM:
Development Services
SUBJECT:
First Amendment to Option and Purchase and Sale Agreement for City owned property RECOMMENDATION:
1. Approve the First Amendment to the Option and Purchase and Sale Agreement with SA Golden Investments, LLC for city owned land located at the northwest corner of Arrow Boulevard and Sierra Avenue consisting of approximately 21,500 square feet, more specifically described as APN’s 0191-163-26, 0191-163-17, and 0191-163-16.
2. Authorize the City Manager to enter into any documents necessary or appropriate to effectuate said approvals and/or agreement, including any related financing or subordination documents required to effectuate the close of escrow and development of the property.
COUNCIL GOALS:
· Promote economic development by pursuing business attraction, retention, and expansion. · Practice sound fiscal management by living within our means while investing in the future. · 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.
DISCUSSION:
The City of Fontana has undertaken an expansive and comprehensive revitalization of Downtown Fontana. The City of Fontana owns three parcels (Assessor’s Parcel Numbers 0191-163-16, 0191- 163-17, and 0191-163-26) on the northwest corner of Arrow Boulevard and Sierra Avenue encompassing approximately 21,600 square feet.
The City entered into an Option and Purchase and Sale Agreement and Joint Escrow Instructions with SA Golden Investments, Inc., dated February 22, 2024. The Buyer and Seller request amendment to the following conditions:
· Parking Structure: An adjacent parking structure containing not less than 500 spaces, with not less than 50 (gated) dedicated for the exclusive use of the Property, shall have commenced construction prior to the Closing Date.
· Buyer shall have received final approval of all necessary land-use approvals, authorizations and entitlements between Buyer and the City to develop the Option Property.
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File #: 26-0942 Agenda Date: 4/28/2026
Agenda #: O. Category: Consent Calendar
· Buyer shall submit to Seller all fully executed construction contracts and evidence of construction financing commitment no later than fifteen (15) days prior to the scheduled Closing Date.
· Buyer shall cause the closing of all construction financing for the development of the Option Property to occur concurrently with the Closing Date.
· Development of the Property shall be completed no later than eighteen (18) months following the Closing Date.
Approval of the first amendment on the subject property will play a pivotal role in the revitalization of the downtown area.
FISCAL IMPACT:
Purchase agreement reflects a purchase price of $675,000. Actual revenue will not be realized until the building is occupied, most likely 36 months from close of escrow. Upon receipt of closing proceeds, net revenue will be deposited into Fund 601 - Capital Reinvestment.
MOTION:
Approve staff recommendation.
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354
16498.00372\44101673.2
FIRST AMENDMENT TO REAL ESTATE OPTION AND PURCHASE AND
SALE AGREEMENT
This First Amendment to the Real Estate Option and Purchase and Sale Agreement (the “Amendment”) is entered into on this ____ day of ___________, (“Effective Date”) by and between SA Golden Investments, a California limited liability company (“Buyer”), and the City of Fontana, a California municipal corporation (“Seller”), to amend that certain Real Estate Option and Purchase and Sale Agreement dated as of February 22, 2024 (the “Agreement”).
RECITALS
WHEREAS, Buyer and Seller are parties to the Agreement, pursuant to which Seller granted to Buyer an exclusive option to purchase certain real property located in the City of Fontana, County of San Bernardino, State of California, and more particularly described in the Agreement (the “Option Property”); and
WHEREAS, Buyer has exercised its option pursuant to Sections 1 and 2 of the Agreement, has completed all required due diligence on the Option Property, and has determined there are no disputed title items; and Buyer’s execution of this Amendment constitutes its written notice of feasibility approval to Seller and Escrow Holder, with the parties acknowledging that no further notice is required under the Agreement; and
WHEREAS, Seller acknowledges and accepts Buyer’s exercise of the option, the completion of Buyer’s due diligence, and the sufficiency of this Amendment as written notice of feasibility approval, and agrees that no additional notice is required under Sections 1 and 2 or the due diligence provisions of the Agreement; and
WHEREAS, the parties desire to amend the Agreement to modify certain terms and conditions as set forth herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
AMENDMENTS
The Agreement is hereby amended as follows:
1. Section 12.E. Conditions to Buyer’s Performance; Parking Structure. Section 12.E is hereby amended to read:
“Parking Structure. An adjacent parking structure containing not less than 500 spaces, with not less than 50 (gated) dedicated for the exclusive use of the Property, shall have commenced construction prior to the Closing Date. Parking spaces not dedicated for the exclusive use of the Property shall not be charged to the Property or Property’s tenants.”
2. Section 13.A Conditions to Seller’s Performance. Section 13.A. is hereby amended to read as follows:
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16498.00372\44101673.2
“A. Buyer shall have received final approval (beyond any challenge or appeal period with no challenge or appeal then pending) of all necessary land-use approvals, authorizations and entitlements between Buyer and the City (collectively, the “Entitlements”), to develop the Option Property.”
3. Section 13. Conditions to Seller’s Performance. Section 13 is hereby amended to add new subsections G and H, which shall read as follows:
“G. Buyer shall submit to Seller all fully executed construction contracts and evidence of construction financing commitment no later than fifteen (15) days prior to the scheduled Closing Date.
H. Buyer shall cause the closing of all construction financing for the development of the Option Property to occur concurrently with the Closing Date hereunder.”
4. Section 28. Development Covenant and Condition Subsequent. A new Section 28 is hereby added to the Agreement, which shall read in its entirety as follows:
“ 28 DEVELOPMENT COVENANT AND CONDITION SUBSEQUENT.
Buyer covenants and agrees that the development of the Option Property, in accordance with the plans submitted to and approved by Seller, shall be fully completed no later than eighteen (18) months following the Closing Date (the “Completion Date”).
In the event Buyer fails to complete development of the Option Property by the Completion Date, Buyer shall pay to Seller, as liquidated damages, and not as a penalty, $10,000 (ten thousand dollars) per month (prorated for any partial month) for each month that completion is delayed beyond the Completion Date.
The parties acknowledge and agree that actual damages resulting from such delay would be difficult to ascertain, and that the foregoing amount represents a reasonable estimate of the losses Seller would likely incur. Liquidated damages shall accrue monthly and be payable until the development is complete in accordance with the Agreement. This Section shall not apply to delays caused by circumstances solely outside of Buyer’s control.”
5. Except as expressly amended by this Amendment, all other terms, conditions, and provisions of the Agreement shall remain in full force and effect, In the event of any conflict between the terms of the Agreement and this Amendment, the terms of the Amendment shall prevail.
(SIGNATURES ON THE NEXT PAGE)
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16498.00372\44101673.2
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first written above.
SELLER:
City of Fontana
By:________________________
Name:
Title:
BUYER:
SA Golden Investments, Inc.
By:________________________
Name:
Title:
357
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0944 Agenda Date: 4/28/2026
Agenda #: P. Category: Consent Calendar
FROM:
Public Works
SUBJECT:
Final Acceptance of Ralph M. Lewis Sports Park Artificial Turf Installation for Fields 1 & 2 (PW-26-36-SB)
RECOMMENDATION:
Accept as complete the work performed by FieldTurf Inc, USA 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:
On October 28, 2025, the City Council awarded a construction contract to FieldTurf Inc, USA for the Ralph M. Lewis Sports Park Artificial Turf Installation for Fields 1 & 2 project in the amount of $423,613.86 and authorized a 10% contingency in the amount of $42,362.00 (PW-26-36-SB) for a total contract authorization amount of $465,975.86.
There were no change orders, and FieldTurf Inc, USA, finished the project on March 13, 2025. All work has been accepted as complete by the City for a final contract amount of $423,613.86.
The final retention payment will be released thirty-five (35) days after the filing of the Notice of Completion with the County Recorder’s Office.
FISCAL IMPACT:
There is no fiscal impact associated with the approval of this item. The funding for this project was included in the Fiscal Year 2025-2026 operating budget in Org# 60437000.8130.
MOTION:
Approve Staff Recommendation
City of Fontana Printed on 4/23/2026Page 1 of 1
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City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-0945 Agenda Date: 4/28/2026
Agenda #: Q. Category: Consent Calendar
FROM:
Engineering
SUBJECT:
Award a Construction Contract for the Village of Heritage (VoH) Liberty Loop Patching and Pavement Rehabilitation Project (DE-26-97-SB)
RECOMMENDATION:
1. Award bid and authorize the City Manager to enter into a construction contract with Matich Corporation for the construction of the VoH Liberty Loop Patching and Pavement Rehabilitation Project in the amount of $2,548,691.00 and authorize a 10% contingency in the amount of $254,869.10 (DE-26-97-SB).
2. Approve and authorize the City Manager to enter into any and all utility agreements, utility easements, and subsequent agreements on behalf of the City of Fontana for the VoH Liberty Loop Patching and Pavement Rehabilitation Project.
COUNCIL GOALS:
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by focusing on relief of traffic congestion.
DISCUSSION:
The City of Fontana’s 7-Year Pavement Management Plan includes the streets associated with the Village of Heritage (VoH) Liberty Loop Patching and Pavement Rehabilitation Project. The proposed improvements located in VoH include the rehabilitation of existing asphalt pavement and ADA compliant curb ramps. The project will improve ride quality, increase pavement service life, and enhance the safety of both vehicular and pedestrian traffic.
On April 9, 2026, the bids for this project were opened. A total of nine (9) bids were received ranging from $2,548,691.00 to $3,468,561.05. The Engineer’s Estimate was $3,732,623.00. After reviewing the proposed bid documents and performing reference checks, Engineering staff has determined Matich Corporation to be the lowest responsive and responsible bidder in the amount of $2,548,691.00.
FISCAL IMPACT:
The fiscal impact associated with the approval of this item is $2,548,691.00 with a $254,869.10 City of Fontana Printed on 4/23/2026Page 1 of 2
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File #: 26-0945 Agenda Date: 4/28/2026
Agenda #: Q. Category: Consent Calendar
contingency, for a total of $2,803,560.10. Funds are included in the FY 25/26 Pavement Rehabilitation Project #37600090-601-A-8330 and #37600090-601-A-8331.
MOTION:
Approve staff recommendation.
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Bid Results
VoH Liberty Loop Patching and Pavement Rehabilitation
Project
DE-26-97-SB
1. Matich Corporation $2,548,691.00
Redlands, CA
2. Calmex Engineering, Inc. $2,768,597.29
Bloomington, CA
3. Sequel Contractors, Inc. $2,797,354.05
Santa Fe Springs, CA
4. LCR Earthwork & Engineering Corp. $2,882,388.45
Jurupa Valley, CA
5. Hardy & Harper $3,040,000.00
Lake Forest, CA
6. All American Asphalt $3,160,130.95
Corona, CA
7. Elegant Construction, Inc. $3,191,865.45
Irvine, CA
8. Romero General Construction Corp. $3,286,286.00
Escondido, CA
9. R.J. Noble Company $3,468,561.05
Orange, CA
361
CT
LAS PALMAS DRHATCHER PL
SAN BENITOCTSAN BENITO ST
BASILECTCTSEA SHELLFARRALONCTST. HELENACOLOMA STLINCOLNCTROTHCHILDWESTSANTA MARIACTCTSTNOELKENOELKE
OASIS STMILAN CT
MCKINLEY CT
MCKINLEY DR
MEADE CT
EDISON AVEMILLER AVE
REMINGTON CTLAURAMORE CTLAURAMORE CT
CTMADERA
RD
RD
CHEROKEECAPECOD CT
BIG SUR
CT
STUART WAY
WEST CONSTITUTION WAYWEST CONSTITUTION WAY
GRANT WAYBUNKER HILLTYLER LNSHERMAN PLBURNSIDE PLMCCLELLAN CT
CANYONWAY WAYEAST CONSTITUTION WAY
PLSLOCUMLONGSTREET LN
WHIPPLE STBENNING CTPLBULL RUN PLVICKSBURG PLSUFFOLK PLLAWRENCE PLDAY CANYON DRSUMTER STWILDERNESS WAYSHILOH WAYCUMBERLAND PLGETTYSBURG ST
AUGUSTA WAYSHERIDAN WAYHARPER PL
MEYER CANYON DRMEYER CANYON DRGRAND AVEGRAND AVE
DEL NORTE ST
BANANA AVE
SOUTH HERITAGE CIR
SHARON CTNORTH HERITAGEKITTY HAWK
LIBERTYPKWY
CHERRY AVE
BASELINE AVEBASELINE AVE
TUTIONCONSTILOOPCT
DARTMOUTH CTCTCTOXFORD CTOXFORD ST
BANCROFT CTLA SALLE CTCHAMPLAIN CTLARKIN CTBETSY ROSSLAFAYETTE CT RD
PICO CTCHRYSTAL CTHANCOCK CTCOLUMBUS CTBALBOA CT
CTDRAKETAPIAWEST LIBERTY PKWY
HUNTINGTONCONSTITUTIONWEST
WHITNEYCT
CHERRY AVE
MILLER AVE
BAR HARBOR RD
LOOPWEST
CTLOOPEAST
REMINGTON CTLUCIALOOPEAST
EAST LIBERTY PKWYSANTA MARIA DRVENICE CTRIVIERA CTSAN TROPEZ CTMONACO STNAPLES CTPALERMO STCASABLANCA CTBANANA AVECAPRI CTSAN REMO CTTUSCANNY STMARBELLA STLOMAS CTPORTOFINO STSORRENTO STMORGAN CTTAPIA STWHITNEY STBARTON CTALEXANDER CTWILTSE CTSUNRISE STMULBERRY AVELEMMERICH CTCRAWFORD CTDOWD CTMC GREGOR CTJED SMITH STPARK LAWN CTSUMMER PLACE STSTREAM SIDE CTFREMONT STFRONTENAC CTLEWIS CTFREMONT ST
SIENA CTREDONDO CT
PLUMAS CTTUOLUMNE CTPLUMAS CTSTANISLAUS CTTICONDEROGA CTVALLEY FORGE CTGRAND AVEBANCROFT CTTICONDEROGA CT
OCEANCTANACAPA
MONTEREY STPOINT LOMA STPETERS STBASILEST. HELENA STSACRAMENTO ST
EASTYORKTOWN CT
SEA SHELL STSANTA FE STWEST LINCOLN LOOP RDYORKTOWN CTEL DORADO STVALLEY FORGE CTCATALINA CTCABRILLO CTBOSTON CT
TULARE CTARAPAHO STSIOUX
LIGHTHOUSE CTBALBOA CTCHEROKEE CTSAN GABRIEL CT
EAST YOSIMITE LOOP RDCABRILLO CTBETSY ROSS CTRICHARDLIGHTHOUSE CT
MORSE CANYON DRDRAKE STIROQUOIS STCTYOSEMITEMUIR STCTDOMINGUEZ CTKINGSCTBRANDON CTCORONA CTYOSEMITE
AMANDA STKLAMATHCTLANEDANSER CT
ST
SAN GORGONIO STPORTSMOUTHCROCKER CTFULTON STSTLASSEN ST
BANNING STSBCFCD
SUTTER CTHOADLY CT
MILLER AVE
SAND DOLLAR ST
CIR
EASTRIDEOUT CTQUAIL CTWILIAMSBURG PKWYMENDOCINO CTDOHENY CTCARYNSANTA
RODGERS CTFRANKLIN STLINCOLNLARKIN CT
WILLIAMSBURG PKWYEXETERPRINCETONEAST INDEPENDENCE WAYCHAMPLAIN CTLA SALLE CT
GRAND AVEDARTMOUTH CTCAMBRIDGE CTCT
BENNINGTON CTDODGE CT
YALE CTWEST INDEPENDENCE WAYBERKELEY CTGRAND AVEBERKELEY CTSTANFORDBENNINGTON CTCORNELL CTHARVARD CTDANA CT RD
AUBURN CT
BOSTON CT
DANA CTCHRYSTAL CTPICO CTHANCOCK CTCOLUMBUS CTLAFAYETTE CT
ROANOKE RDQUAIL CTHALE ST
EAST LIBERTY PKWY
ST
STANISLAUS CTTUOLUMNE CT
EDISON AVEHUMBOLT CTGENEVA CTPLACER ST
POINT REYES STOCEAN ST
CHERRY AVE
SANTA BARBARA CTCROCKETT CTARCATABODEGABASELINE AVEI-15 FREEWAYSTINSONCTHERITAGE CIRNORTH
STCTCTZEPHYR ST
DRPL
WEST LIBERTYPKWYBEAR CREEKSILVERWOODLN
DAY CANYONDRWYNSTONE
TIOGA
SUTTER CTMAREK CTSUNRISE STLOMAS CT
BURNS CT
ROTHCHILD STFORTROSSCTEAST CONSTITUTION WAY
SAN PEDRO STPOINT JUDITH ST
MADERA ST
DODGE CT
MARSHALL CTHEMMINGWAYJAMESTOWN CIRCT
AMERICANAWAY
INDEX MAP
VICINITY MAPN
N
SHEET 19 & 33SHEET 18 & 32
SHEET 17 & 31
SHEET 16 & 30
SHEET 15 & 29SHEET 14 & 28SHEET 13 & 27SHEET 12 & 26SHEET 11 & 25SHEET 10 & 24SHEET 9 & 23SHEET 8 & 22 SHEET 7 & 21SHEET 6 & 20S HERITAGE CIRLIBERTYPKWYWESTWESTLIBERTYPKWY
BASELINE AVE
FOOTHILL BLVD
CHERRY AVEEASTLIBERTYPKWY
EASTLIBERTYPKWY
362
City of Fontana
VoH Liberty Loop Patching and Pavement Rehabilitation Project (DE-26-97-SB), bidding on 04/09/2026 2:00 PM (PDT)