Fontana City Council
October 13, 2026

August 20, 2026
Our 97th Year
Ship To: Bill To:

CITY OF FONTANA

CORPORATE YARD
16489 ORANGE WAY
FONTANA, CA 92335
US
Attn: ERIC NINEMIRE
Phone: 760-9123723
Email: [email protected]

CITY OF FONTANA
8353 SIERRA AVE
FONTANA, CA 92331
United States
Altec Quotation Number: 2018492 - 1
Account Manager: Troy Dentzer
Technical Sales Rep: Kade Fulkerson
Item Description Qty
Unit

1. AT40G Unit Model 1

2. ALTEC Model AT40-G telescopic articulating Aerial device with ISO-Boom. 1 A. ISO Boom: the inner telescopic fiberglass boom maintains full dielectric integrity even with the fiberglass inner boom fully retracted.

B. Hydraulic platform leveling system.

C. Hydraulic tool circuit at the platform.

D. Emergency lowering valve at the platform.

E. Single handle control at the platform with a safety interlock system.

F. Manuals: Two (2) Operator's and Maintenance/Parts Manuals. One(1) in printed format and one(1) in electronic format available at connect.altec.com G. Working height: 45.6 feet
H. Side reach: 29.7 feet
I. Low-power fiber-optic control system (FOC-L).

J. Continuous rotation

3. Poly Hydraulic Reservoir, Pedestal Mounted, 7 Gallon (Includes Sight Gauge) 1

4. Post style pedestal mounting 1

5. Single One-Man End-Mounted Platform With 180 Degree Rotator, 24 X 30 X 42.

Platform is rated at 400 pounds. Control panel on platform dashboard provides controls for auxiliary functions. Includes emergency stop (push-pull) switch and rocker switches, which operate platform leveling, platform rotation, tools, and battery selector (for fiberoptic controls system). Composite fiberglass platform mounting bracket. (AT40G) 1 6. Platform Leveling At Lower Controls. AT40-G 1

7. Two (2) Platform Steps 1

8. Soft nylon reinforced vinyl platform cover for a 24 x 30 inch platform 1 429
Quote Number: 2018492 - 1
Altec, Inc.

We Wish To Thank You For Giving Us The Pleasure
And Opportunity of Serving You
UTILITY EQUIPMENT AND BODIES SINCE 1929

Item Description Qty

9. Platform liner for a 24 x 30 x 42 inch platform 1

10. 4-Function Single Handle Fiber-Optic Controller. 1

11. Manual lowering valve located at the boomtip. For use in emergency situations to allow the operator to lower the boom to the ground
1 12. Engine Start/Stop at the upper controls actuated through the Fiber-Optic controls system with Secondary Stowage System, 12VDC (AT40G)
1 13. Powder coat unit Altec White. 1
Unit & Hydraulic Acc.

14. Hydraulic Oil HVI-22 with Dye (Standard) 9

15. Standard Pump For PTO 1

16. Hot shift PTO for automatic transmission 1
Body

17. 108 Inch Universal Small Aerial Body for a 60 Inch CA Chassis with 38 Inch Long Side Access Tailshelf to Meet the Following Specifications:
1 A. Basic body fabricated from A40 grade 100% zinc alloy coated steel B. All doors are full, double paneled, self-sealed with built-in drainage.

C. Stainless steel hinge rods extend full length of door.

D. Door hinges are zinc alloy material attached with rivets E. All doors contain stainless steel, flush mounted, paddle activated rotary style latches with two-stage locking, including keyed locks and adjustable strikers.

F. Heavy-gauge welded steel frame construction with smooth galvaneal floor.

G. Possible contact edges are folded for safety.

H. Door header drip rail at top for maximum weather protection.

I. Neoprene or rolled fenders on wheel fender panels.

J. Steel treated for improved primer bond and rust resistance.

K. Automotive underseal applied to body.

L. Automotive type non-porous door seals fastened to the door facing.

M. 108 Inch Body Length
N. 40 Inch Body Height (Standard)
O. 94 Inch Body Width (Standard)
P. 20 Inch Body Compartment Depth (Standard)
Q. 8 Inch Body crossmembers (Standard)
R. No Treadplate On Compartment Tops
S. 6 Inch tall wooden tailboard installed at the rear of body cargo area T. Stainless Steel Rotary Paddle Latch With Lock (Standard) U. Master Body Locking System (Standard)
V. One (1) wheel chock holder installed in fender panel on each side of body.

W. Gas Shock Type Rigid Door Holders For Vertical Doors (Standard) X. Chains On Horizontal Doors
Y. Hotstick shelf extending full length of body on Curbside.

Z. Drop-Down Hot Stick Door For One (1) Shelf (Right Side) 430
Quote Number: 2018492 - 1
Altec, Inc.

We Wish To Thank You For Giving Us The Pleasure
And Opportunity of Serving You
UTILITY EQUIPMENT AND BODIES SINCE 1929

Item Description Qty
AA. Two (2) Hot Stick Brackets
AB. 1st Vertical Streetside (LH) - Two (2) Adjustable Shelves With Removable Dividers On 4 Inch Centers
AC. 1st Horizontal Streetside (LH) - One (1) Fixed Shelf With Removable Dividers On 8 Inch Centers
AD. Rear Vertical Streetside (LH) - Six (6) Adjustable Locking Swivel Hooks AE. 1st Vertical Curbside (RH) - Seven (7) Adjustable Locking Swivel Hooks, Louvered Panel Installed in Cargo Wall
AF. 1st Horizontal Curbside (RH) - Vacant
AG. Rear Vertical Curbside (RH) - Two (2) Adjustable Shelves With Removable Dividers On 4 Inch Centers
AH. One (1) Small Bolt-On Grab Handle Installed At Rear Of Curbside Compartments AI. 38 Inch Tailshelf with Integrated Side Access Steps and Smooth Galvaneal Floor Installed at Rear of Body. Includes One (1) U-Shaped Grab Handle.

Body and Chassis Accessories

18. Underride Protection 1

19. Combination 2" Ball (12,000 LB MGTW) And Pintle Hitch (16,000 LB MGTW) 1

20. Set Of Eye Bolts for Trailer Safety Chain, installed one each side of towing device mount.
1 21. Front Torsion Bar Installed On Chassis 1

22. Rear Torsion Bar Installed On Chassis 1

23. Appropriate counterweight added for stability. 1

24. Platform Rest, Rigid with Rubber Tube 1

25. Platform to be side stowed 1

26. Boom Rest for a Telescopic Unit 1

27. Mud Flaps With Altec Logo (Pair) 1

28. Wheel Chocks, Rubber, 9.75'' L x 7.75'' W x 5.00'' H, with 4'' L Metal Hairpin Style Handle (Pair)
1 29. Slope Indicator Assembly For Machine Without Outriggers 1

30. Safety Harness And 4.5' Lanyard (Fits Medium To Xlarge) Includes Pouch and Placards 1

31. 5 LB Fire Extinguisher With Light Duty Bracket, Installed (In Cab or Inside Compartment Only)
1 32. Triangular Reflector Kit, Shipped Loose 1

33. Vinyl manual pouch for storage of all operator and parts manuals 1

34. Rock Guards, Lexan, Installed Each Front Corner Of Body 1

35. Additional Sold Stock And Global Option 2
431
Quote Number: 2018492 - 1
Altec, Inc.

We Wish To Thank You For Giving Us The Pleasure
And Opportunity of Serving You
UTILITY EQUIPMENT AND BODIES SINCE 1929

Item Description Qty
-Two (2) Compartment Top Boxes
108L x 20W x 18H side opening aluminum box, smooth aluminum, 2 drop-down doors, located as far forward as possible
-One (1) Opens from SS
-One (1) Opens from CS
Electrical Accessories

36. Lights and reflectors in accordance with FMVSS #108 lighting package. (Complete LED, including LED reverse lights)
1 37. Directional Light Bar, Amber, LED, 48" L (ECCO #3435A) Tailshelf Installation
1 38. Remote Spot Light, LED, Permanent Mount, With Wireless Dash Mounted Controls And Programmable Wireless Remote (Go-Light #20074GT)
Post Mounted CS Compartment Top, In-Line with Strobe
1 39. Altec Standard Amber LED Strobe Light With Brush Guard Post Mounted On Streetside Front Compartment Top
1 40. Single tone back up alarm installed between the chassis frame rails at the rear of the chassis. To work in conjunction with chassis reverse drive system 1 41. 6-Way Trailer Receptacle (Pin Type) Installed At Rear 1

42. Ford Upfitter Switches (Supplied with Chassis) 1

43. Power Distribution Module (PDM-6A), 6 Accessory Circuits, CAN Signals, Installed, Chevy/International CV, Ford, Dodge
1 44. One Emergency Stop Located at Ground Level Installed at the Rear of the Vehicle 1

45. Install secondary stowage system. 1

46. PTO Indicator Light Installed In Cab 1

47. Additional Sold Stock And Global Option
Cab Mounted Light Bar
-Ref PN 991515835
1 Finishing Details

48. Powder Coat Unit Altec White 1

49. Finish Paint Body Accessories Above Body Floor Altec White 1

50. Altec Standard; Components mounted below frame rail shall be coated black by Altec. i.e. step bumpers, steps, frame extension, pintle hook mount, dock bumper mounts, Drings, receiver tubes, accessory mounts, light brackets, under-ride protection, etc.

Components mounted to under side of body shall be coated black by Altec. i.e. Wheel 1 432
Quote Number: 2018492 - 1
Altec, Inc.

We Wish To Thank You For Giving Us The Pleasure
And Opportunity of Serving You
UTILITY EQUIPMENT AND BODIES SINCE 1929

Item Description Qty
chock holders, mud flap brackets, pad carriers, boxes, lighting brackets, steps, and ladders.

51. Apply Non-Skid Coating to all walking surfaces 1

52. English Safety And Instructional Decals 1

53. Vehicle Height Placard - Installed In Cab 1

54. Placard, HVI-22 Hydraulic Oil 1

55. Dielectric test unit according to ANSI requirements. 1

56. Stability test unit according to ANSI requirements. 1

57. Focus Factory Build 1

58. Delivery Of Completed Unit 1

59. As Built Electrical And Hydraulic Schematics To Be Included In The Manual Pouch 1

60. Stock Unit 1

61. Stock Unit Sold To Customer 1
Chassis

62. Altec Supplied Chassis

GAS ILO DIESEL
1 63. Altec Stock Chassis 1
A. 2027 Model Year
B. Ford F550
C. Class V (16,001-19,500 LBS)
D. Chassis Color - White
E. Regular Cab
F. 4x2
G. 60 Clear CA (Round To Next Whole Number)
H. 145 Wheelbase
I. 18,000 LBS GVWR
J. 6,500 LBs Front Axle Rating
K. 13,660 LBs Rear Axle Rating
L. Ford 6.7L Power Stroke Diesel
M. Ford Torqshift 10-Speed Automatic Transmission (w/PTO Provision) N. Ford E/F250-550 Single Horizontal Right Side Exhaust O. 98R - Operator Commanded Regeneration (OCR)
P. 50-State Emissions
Q. Clean Idle Certification
R. No Idle Engine Shut-Down Required
S. Hydraulic Brakes
T. Park Brake In Rear Wheels
U. Ford 40 Gallon Fuel Tank (Rear)
433
Quote Number: 2018492 - 1
Altec, Inc.

We Wish To Thank You For Giving Us The Pleasure
And Opportunity of Serving You
UTILITY EQUIPMENT AND BODIES SINCE 1929

Item Description Qty
V. Ford 7.2 Gallon DEF Tank (Mid Mount)
W. 63C - Aft Axle Frame Extension
X. Power Door Locks
Y. Power Windows
Z. Power Mirrors
AA. Keyless Entry
AB. Bluetooth
AC. Cruise Control
AD. Block Heater
AE. Snow Plow Package
AF. Backup Camera
Additional Pricing

64. Standard Altec Warranty: One (1) year parts warranty, one (1) year labor warranty, ninety (90) days warranty for travel charges, limited lifetime structural warranty 1 65. Administration Fees 1

66. Documentation Fees 1

67. State Tire Tax 1

68. Third Party Titling 1
Miscellaneous

69. Non-CARB Registered State 1
Altec Industries, Inc.

BY
Kade Fulkerson
*Pricing in this quote does not include potential cost impacts related to the EPA emission regulations scheduled to take effect in calendar year 2027 for all medium and heavy duty engines. Chassis OEM's anticipate these regulatory changes may result in additional increases estimated between $15,000 and $25,000.

Notes:
1 Altec will make every effort to honor this quotation, subject to the following provisions. Prices for equipment 434
Quote Number: 2018492 - 1
Altec, Inc.

We Wish To Thank You For Giving Us The Pleasure
And Opportunity of Serving You
UTILITY EQUIPMENT AND BODIES SINCE 1929

with production start dates 12 months and beyond are budgetary only due to irregular cost inflation and market volatility. These prices will be reviewed based on market conditions and confirmed closer to the production date.

For a quoted chassis model year beyond the current open order bank, chassis model year, specifications and price should be considered estimates only and subject to change. Chassis model year, specifications and price will be reviewed and confirmed when specific model year information becomes available from the OEM.
2 Estimated Delivery: months after receipt of order PROVIDING:

A. Customer supplied chassis (if applicable) is received a minimum of sixty (60) days before scheduled delivery.

B. Customer approval drawings are returned by requested date.

C. Customer supplied accessories are received by date necessary for compliance with scheduled delivery.

D. Customer expectations are accurately captured prior to major components being ordered (body, chassis) and line set date. Unexpected additions or changes made after this time or at a customer inspection will delay the delivery of the vehicle.

Estimated Delivery is based on information at time of quote and is subject to change.

Altec reserves the right to change suppliers in order to meet customer delivery requirements, unless specifically identified, by the customer, during the quote and or ordering process. 3 This quotation is valid until SEP 30,2026. After this date, please contact Altec Industries, Inc. for a possible extension.
4 F.O.B. - #FOB_TERMS#
5 Interest charge of 1/2% per month to be added for late payment. 6 FINANCING AVAILABLE: Please contact Altec Capital at (888) 408-8148 or email [email protected] for more information.
7 Price does not reflect any local, state or Federal Excise Taxes (F.E.T). The quote also does not reflect any local title or licensing fees. All appropriate taxes will be added to the final price in accordance with regulations in effect at time of invoicing.
8 Changes made to this order may affect whether or not this vehicle is subject to F.E.T. A review will be made at the time of invoicing and any applicable F.E.T. will be added to the invoice amount. 9 Any payment made by a credit card may be subject to a surcharge fee. 10 Altec Standard Warranty:

One (1) year parts warranty.

One (1) year labor warranty.

Ninety (90) days warranty for travel charges.

Warranty on structural integrity of the following major components is to be warranted for so long as the initial purchaser owns the product: Booms, boom articulation links, hydraulic cylinder structures, outrigger weldments, pedestals, subbases and turntables.

Altec is to supply a self-directed, computer based training (CBT) program. This program will provide basic instruction in the safe operation of this aerial device. This program will also include and explain ANSI and OSHA requirements related to the proper use and operation of this unit. 435
Quote Number: 2018492 - 1
Altec, Inc.

We Wish To Thank You For Giving Us The Pleasure
And Opportunity of Serving You
UTILITY EQUIPMENT AND BODIES SINCE 1929

Altec offers its standard limited warranty with the Altec supplied components which make up the Altec Unit and its installation, but expressly disclaims any and all warranties, liabilities, and responsibilities, including any implied warranties of fitness for a particular purpose and merchantability, for any customer supplied parts
Altec designs and manufactures to applicable Federal Motor Vehicle Safety and DOT standards 11 Altec Extended Warranty Option:

An Altec Extended Warranty is an extension of Altec's Limited Warranty and protects you from the repair cost associated with defects of materials and workmanship after the standard Limited Warranty expires.

Altec offers many types of coverages and coverage packages. Ask your Altec account manager for details.

Quotes are available upon request.
12 After the initial warranty period, Altec Industries, Inc. offers mobile service units, in-shop service and same day parts shipments on most parts from service locations nationwide at an additional competitive labor and parts rate. Call 877-GO-ALTEC for all of your Parts and Service needs. 13 Trade-in offer is conditional upon equipment being maintained to DOT (Department of Transportation) operating and safety standards and remaining in compliance of DOT until arrival at an Altec Facility. This will include, but is not limited to engine, tires, lights, brakes, glass, etc. All equipment, i.e., jibs, winches, pintle hooks, trailer connectors, etc., are to remain with unit unless otherwise agreed upon in writing by both parties. ALTEC Industries reserves the right to re-negotiate its trade-in offer if these conditions are not met.

All reasonable and necessary expenses required of ALTEC Industries to execute transportation of the trade-in will be invoiced to the customer for payment if these conditions are not met to maintain DOT standards.

Customer may exercise the option to rescind this agreement in writing within sixty (60) days after receipt of purchase order. After that time ALTEC Industries will expect receipt of trade-in vehicle upon delivery of new equipment as part of the terms of the purchase order unless other arrangements have been made. 14 The final fully loaded weight of the truck and structural ratings of the hitch assembly may reduce the towing capacity and the vertical load capacity of the finished truck. These capacities may not match the ratings of the chassis or hitch.
15 Altec takes pride in offering solutions that provide a safer work environment for our customers. In an effort to focus on safety, we would encourage you to consider the following items:

Outrigger pads (When Applicable)
Fall Protection System
Fire extinguisher/DOT kit
Platform Liner (When Applicable)
Altec Sentry Training
Wheel Chocks
The aforementioned equipment can be offered in our new equipment quotations. If you find that any of these items have not been listed as priced options with an item number in the body of your quotation and are required by your company, we would encourage you to contact your Altec Account Manager and have an updated quote version sent to you. These options must be listed with an item number in the quotation for them to be supplied by Altec.
16 Altec values your data privacy. The Altec Family of Companies (including Altec, Inc., and it's subsidiaries) 436
Quote Number: 2018492 - 1
Altec, Inc.

We Wish To Thank You For Giving Us The Pleasure
And Opportunity of Serving You
UTILITY EQUIPMENT AND BODIES SINCE 1929

may collect telematics data from the equipment you own. Please review Altec's Equipment Data Privacy Notice on www.altec.com for more information. By purchasing equipment from Altec, you consent to Altec's right to collect and use such data.
17 RECOMMENDED OPTIONS AND ACCESSORIES: These options are not included in the quote total price.

Selected options will change the quote total. Any options added after initial order will be re-quoted.

437
Rev. 7/2022 1

CONTRACT EXTENSION
Contract Number:

Sourcewell and
202 12th Street Northeast
P.O. Box 219
Staples, MN 56479
(Sourcewell) (Vendor)
have entered into Contract Number: 110719-
for the procurement of:

The Contract has an expiration date of Decemb r, but the parties may extend the Contract by mutual consent.

Sourcewell and Vendor acknowledge that extending the Contract benefits the Vendor, Sourcewell and Sourcewell’s Members. Vendor and Sourcewell agree to extend the Contract listed above for an additional period, with a new Contract expiration date of Dece mber , . All other terms and conditions of the Contract remain in full force and effect.

Sourcewell
________________________________
Authorized Signature
________________________________
Name
________________________________
Title
________________________________
Date
________________________________
Authorized Signature
________________________________
Name
________________________________
Title
________________________________
Date
Docusign Envelope ID: 62A2EF8D-0EFB-45CB-B25F-A19319E35126 110421-ALT
110421-ALT
Chief Operating and Procurement Officer
Altec Industries
Jeremy Schwartz
Birmingham, Alabama
Public Utility Equipment with Related Accessories and Supplies 8/19/2025 | 6:34 AM CDT
2025-12-27
2026-12-27
210 Inverness Center Dr
35242-4834
8/21/2025 | 11:57 AM PDT
- Contract Specialist
Brooklyn Russell
438
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1260 Agenda Date: 10/13/2026
Agenda #: L. Category: Consent Calendar
FROM:

Planning Department
SUBJECT:

Approval of a Purchase Order for Consulting Services for the City of Fontana’s 7th Cycle Housing Element Update.

RECOMMENDATION:

Award bid and authorize the City Manager to enter into a contract with Michael Baker International in the amount of $401,520 to prepare the 7th Cycle Housing Element, which covers the period of October 2029 through October 2037.

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 advocating Fontana's position in regional, state, and federal organizations.

DISCUSSION:

The City of Fontana is required to adopt and submit an updated Housing Element to the State of California Department of Housing and Community Development (HCD) for certification of the 7th Cycle Housing Element, which covers the planning period of October 2029 through October 2037.

The Housing Element must be certified by HCD.

Planning staff issued a Request for Proposals (RFP) to obtain the services of a consultant to complete the 7th cycle Housing Element. In accordance with the City’s purchasing policies, staff has completed the formal bid process for this update, and the City received eight responses.

A staff selection committee evaluated the written proposals of the eight responding firms based upon criteria specified in the proposal packet. The selection committee then held virtual interviews with three firms deemed most highly qualified and narrowed the finalist list to two firms. After requesting additional scope for potential environmental study and evaluating the responses and the respective subsequent cost estimates ($388,704 and $401,520), the selection committee recommends Michael Baker International for the award of the contract as the most responsive and responsible bidder. The Purchasing Office has reviewed this process and concurs with the recommendation.

The major components of the Housing Element update to be completed are:

1. Community Engagement and Outreach - The consultant will conduct community engagement and outreach with stakeholders, such as residents, non-profit organizations, service providers City of Fontana Page 1 of 2 Printed on 10/7/2026 powered by Legistar™439
File #: 26-1260 Agenda Date: 10/13/2026
Agenda #: L. Category: Consent Calendar
and outreach with stakeholders, such as residents, non-profit organizations, service providers and residential developers. Focus groups and community workshops will be conducted to gather community input. An online survey will also be used to gather data to be used in the completion of the 7th cycle Housing Element. The community engagement and outreach plan also includes working with Planning staff to conduct workshops with the Planning Commission and City Council.

2. Regional Housing Needs Assessment (RHNA) Compliance - The consultant will evaluate existing land resources and zoning to accommodate the projected RHNA allocation and ensure that the new Housing Element is compliant with all Housing laws.

3. Housing Element - The consultant will draft a new Housing Element with engagement from HCD. The Housing element will identify and analyze existing and projected housing needs, meet Affirmatively Furthering Fair Housing requirements, and contain the City of Fontana’s official policies for the production, improvements and preservation of housing within the City.

FISCAL IMPACT:

The total fiscal impact associated with the approval of this item is $401,520 and is not included in the current budget. Necessary budget adjustments are included in the First Quarter Budget Status Report also being presented to Council on this agenda.

MOTION:

Approve staff’s recommendation.

ATTACHMENTS:

Attachment No. 1 - Michael Baker International Proposal Attachment No. 2 - Michael Baker International Cost File City of Fontana Page 2 of 2 Printed on 10/7/2026
powered by Legistar™440

PROPOS AL
PL 26-175-SP
General Plan Housing Element Update
April 30, 2026

SUBMITTED TO SUBMITTED BY
ATTACHMENT NO.1
441
April 30, 2026
We Make A Difference
City of Fontana
Attn: Elia Alvarez, Purchasing Office
16860 Valencia Avenue
Fontana, CA 92335
Dear Selection Committee:

Michael Baker International, Inc. (Michael Baker) appreciates the opportunity to provide a proposal for development of the 7 th Cycle Housing Element Update for the City of Fontana. We possess a comprehensive understanding of the latest HCD update requirements and is widely recognized for our strong expertise in housing and community planning services. The proposing team has worked with over 20 cities on their 6th Cycle Housing Elements as well as one city on its 7 th Cycle Housing
Element so far, including 8 cities in San Bernardino County, and has a unique understanding of the housing needs of San Bernardino County. Our dedicated local Ontario office has collaborated with the City for more than three decades, providing an established track record of successful project delivery. This longstanding partnership, combined with our extensive resources and in-depth knowledge of HCD’s rigorous standards, firmly positions us to support the City in developing a compliant and forward-thinking Housing Element that will not only secure certification but also promote sustainable growth.

W E A R E R E A D Y A N D A V A I L A B L E T O S E R V E Y O U We have provided a detailed scope and budget. As the HCD adjusts requirements for the next cycle, we will gladly tailor our proposal to meet the City’s anticipated need. The Project Manager for this contract is Hannah Kreitman, AICP. Ms. Kreitman has guided over 20 cities in achieving compliant Housing Elements, including Grand Terrace, Colton, Hesperia, Redlands, Upland, Madera, Modesto, and Los Altos Hills. She can be reached at her direct line at (805) 341-3595, or via email at [email protected]. She is supported by Alicia Gonzalez, who will serve as the Principal-in-Charge. With years of experience working in San Bernardino County and with the City of Fontana, Ms. Gonzalez is skilled at supervising local program development and CEQA strategy.

Veronica Tam & Associates (VTA) are a valued member of our project team, serving as both Strategic Advisors and Housing Specialists. Led by Ms. Tam, VTA brings an impressive track record, having successfully completed over 100 Housing Elements, including over 80 in the 6th Cycle alone. With their extensive experience and deep familiarity with evolving state housing requirements, Ms. Tam and her team will leverage their working relationship with the state to seek opportunities for mid-review technical support. Our team combined with VTA creates a powerhouse of knowledge of proven housing strategies and programs throughout the region.

We are confident the Michael Baker team will add value due to our local housing knowledge, intimate knowledge of HCD processes, and proven Housing Element strategy. If you have any questions while reviewing our proposal, please contact Ms. Kreitman directly for clarification or additional information.

Sincerely,
Hannah R Kreitman, AICP Alicia Gonzalez
Project Manager / Senior Planner Project Principal / Associate Vice President Re: General Plan Housing Element Update
PL-26-175-SP

HCD WORKING

RELATIONSHIP
We will streamline the process by
integrating the most up-to-date
knowledge from our working
relationship with HCD, understanding
of recent changes to state law, and
connections to key decision makers.

PROVEN, RELIABLE TEAM
The key members of this team have
worked together on 20+ Housing
Elements over the last 5 years. We will
use our proven methodology to
achieve HCD compliance and set the
City up for success in meeting and
maintaining RHNA requirements
through compliance and program
implementation.

SAN BERNARDINO

COUNTY SPECIALISTS
This proposing team has worked with
22 cities on their Housing Elements in
the 6th Cycle and 7th Cycles, including 8
cities in San Bernardino County. We
have the depth of experience, and
unique knowledge of regional
housing needs, to get the City through
the complicated process.
442

CITY OF FONTANA HOUSING ELEMENT UPDATE

TABLE OF CONTENTS
A. INTRODUCTION ..................................................................................................................................................................4 B. QUALIFICATIONS AND EXPERIENCE....................................................................................................................................5 C. STATEMENT OF UNDERSTANDING AND APPROACH ........................................................................................................20 D. WORK SCHEDULE..............................................................................................................................................................23 E. REFERENCES......................................................................................................................................................................24 APPENDIX – SCOPE OF SERVICES...............................................................................................................................................26 F. COSTS ......................................................................................................................................(Submitted via separate file) 443

CITY OF FONTANA HOUSING ELEMENT UPDATE INTRODUCTION

A.INTRODUCTION

1. Offering Firm
Michael Baker International
3536 Concours, Suite 100
Ontario, CA 91764
Office (909) 974-4900, Fax (909) 974-4004
Direct Line (805) 341-3595
[email protected]

2. Contact Person
Hannah R Kreitman, AICP
Project Manager, Planner
(805) 341-3595
[email protected]

3. Subconsultant
Veronica Tam & Associates
122 E. Foothill Blvd. Ste A #332
Arcadia, CA 91006
(626) 818-9488
[email protected]

4. Statements
This proposal is signed by an authorized official with the authority to bind the firm.

This proposal is valid for ninety (90) days from date of submittal. 444

CITY OF FONTANA HOUSING ELEMENT UPDATE QUALIFICATIONS AND EXPERIENCE

B.QUALIFICATIONS AND EXPERIENCE
Firm Profile
Founded in 1940, Michael Baker has a
professional staff of more than 6,000
employees in 120 offices nationwide. Our
California presence includes 10 offices staffed
by 580+ employees. Services for the City will be
managed from our Ontario and San Diego
offices.

Our full suite of in-house services enables the
Michael Baker team to successfully manage any
community planning project. Our greatest
differentiator is our employees, who
demonstrate the ability to solve complex
problems. That is why we engage our people,
educate and train them, develop their careers,
and invest in their futures, expanding their skills
and expertise. Our adaptive approach to integrating innovation and collaboration leads to the best solutions for our clients.

We attribute our success to our focus on understanding and meeting our clients’ needs most efficiently and creatively.

Michael Baker provides a one-stop-shop for all possible Housing Element and Housing Capacity Analysis needs, including inhouse comprehensive land development, civil engineering, infrastructure, and economic feasibility and fiscal impact services.

Michael Baker is recognized for our strong focus on housing and community planning services. We have prepared over 100 Housing Elements, including more than 20 Housing Elements for the 6th Cycle for municipalities throughout California. Our core Housing Element team has consisted of the same six team members who have worked closely together on these more than 20 Housing Elements over the past five years.

Our team of housing, land use, and CEQA specialists have honed our work together to prepare high quality, defensible, and implementable plans that are responsive to our client’s needs. Our team is extremely stable, and exhibits highly skilled project management, excellent teamwork, and robust quality control via internal peer review. Our team consistently meets very tough project deadlines and earns the trust, respect, and appreciation of our clients. All of our Housing Elements have been approved by HCD. All have been completed on time and within budget.

Subconsultant: Veronica Tam and Associates
Michael Baker is proud of the work we have done as part of our strategic partnership with VTA during the 6th Cycle and beyond. The Michael Baker Housing Element team has a proven track record of success and is an industry leader in the preparation of Housing Elements. Adding our good friends and trusted partners at VTA increases the capacity of our team to further expedite Housing Element preparation and shorten the approval period. As discussed in the understanding section, achieving substantial compliance as quickly as possible has several important advantages, minimizes risks and disadvantages for the City, and sets the City up for success in the 7th Cycle implementation period.

VTA is located in Monrovia and is well known by HCD and throughout the state as a leader in Housing Element preparation and the navigation of state housing laws and Housing Element requirements. Veronica Tam shares her wealth of knowledge from preparing more than 120 Housing Elements, including over 80 in the 6th Cycle, and has maintained a perfect record of receiving state certification. VTA will provide strategic, peer and technical review, assistance drafting Housing Element chapters, and recommendations throughout the update process. 445

CITY OF FONTANA HOUSING ELEMENT UPDATE QUALIFICATIONS AND EXPERIENCE

Project Team
Michael Baker is one of the foremost firms in the state with achieving Housing Element compliance in for multiple
clients throughout California. When the fair housing
requirement was added in the 6th Cycle, HCD used our first Affirmatively Furthering Fair Housing (AFFH) chapters as a model for training HCD Housing Element reviewers on what to look for in other Housing Elements. Over the last two decades, the core of Michael Baker’s success has been
staffing and organizing project delivery teams tailored to the specific needs of the project at hand and delivering on our commitments. An organizational chart of the key staff is represented below.

This team provides critical guidance and management of
housing programs. The Michael Baker housing team is not just a policy advisor. The team develops and implements the most important Housing Element update programs and
brings real value to our clients.

For example, our team helped bring over $1.2 million in REAP 2.0 grant funds to our San Bernardino County clients to implement their 6th Cycle Housing Element programs.

These included Rezoning, Objective Design Standards, PreApproved ADU Plans, a Bonus ADU program, a Subdivision Ordinance, and a Pro-housing certification. Our
understanding of and close working relationships with our clients enabled us to more than double the budget for our clients.

Our project team offers an extensive array of services
associated with housing and environmental compliance
with the benefit of in-house specialists for technical
evaluation and seasoned California Environmental Quality Act (CEQA) practitioners. We provide local, committed, and qualified personnel with the requisite expertise, experience, and knowledge to successfully deliver this project for the City.

This consistent, highly successful team will be led by an extremely efficient, effective, and communicative project manager, Hannah R Kreitman. She is an experienced go-to housing specialist, who consistently earns the trust and respect of her clients through her deep knowledge of
housing law and well-honed approach to site selection, with a passion for fair housing. Her project resume includes work on over 20 6th and 7th Cycle Housing Elements and several Housing Element implementation programs. Ms. Kreitman
will be supported by veteran community planner and group manager, Dan Wery, who will serve as the overall Program and Quality Assurance and Quality Control Manager. Mr.

Wery has successfully managed many large and complex
projects for over 20 years, built the housing team, and supervised the preparation of over 20 6th and 7th Cycle Housing Elements, and many zoning objective design
standards, and other policy, regulatory documents, and
implementation plans.

Organization Chart
446

CITY OF FONTANA HOUSING ELEMENT UPDATE QUALIFICATIONS AND EXPERIENCE

Key Project Team Qualifications Matrix
Name
Role
Years
of Exp Qualifications
Management Team Members
Hannah R Kreitman, AICP
Project Manager
6 Ms. Kreitman specializes in long-range community planning. Her year as a Housing Element intern for a nonprofit ignited a passion for housing policy, leading to five years of full-time experience working with Housing Elements, zoning, design, and mapping. She excels in spatial analysis and interpretation of data to support site selection and fair housing analysis.

Past projects include managing, supporting, or providing technical assistance for over 20 Housing Element updates, outreach and facilitation, zoning ordinance updates, and objective design standards.

Alicia Gonzalez
Project Principal
12 In addition to serving as Temecula, Ontario, Palm Desert Planning and Environmental Department Manager, Ms. Gonzalez has prepared and managed dozens of Housing Element-related CEQA documents as well as multiple CEQA projects within the City of Fontana. She serves as contract manager for Michael Baker’s On-Call Environmental & Planning Contract with the City of Fontana.

Dan Wery, AICP, LEED AP
Program and QA / QC Manager
39 Mr. Wery built and manages the housing and community planning group in the San Diego office and will serve as the overall program and QA/QC manager. He is a veteran program and project manager for all types of planning and development projects of all sizes and complexities. He is an expert in policy and ordinance development, urban design, and comprehensive planning and environmental on-call services, and has reviewed and entitled hundreds of development applications. He has prepared multiple comprehensive zoning code updates, General Plans, specific plans, corridor studies, Housing Elements, and many special projects for dozens of municipalities. A great resource and wealth of knowledge and experience, if you’ve got a planning issue or challenge, Dan already has or will quickly provide the answer.

Key Supporting Team Members
Shannon Liska, AICP
Housing Specialist/Analyst
6 Ms. Liska is a long-range planner with a specialty in Housing Elements and California Housing law. Passionate about housing, she has managed, supported, or provided technical assistance on over 20 6th and 7th Cycle Housing Elements. She uses creative solutions to help jurisdictions develop RHNA sites inventories to meet their RHNA. Additionally, she leverages existing City efforts and programs into effective implementable Housing Element programs to meet both the City’s needs and HCD’s review. Ms. Liska also leads Housing Element implementation projects including zoning ordinance amendments, ensuring state law compliance, and ADU bonus programs and ordinances.
447

CITY OF FONTANA HOUSING ELEMENT UPDATE QUALIFICATIONS AND EXPERIENCE

Name
Role
Years
of Exp Qualifications
Cameron Savois, LEED GA
Housing Specialists/Analyst
10 A key member of our housing team, Mr. Savois has been part of the core Housing Element team for over four years. He provides critical internal peer review as part of the housing team, in addition to a holistic perspective of urban designer and active transportation planner. His insights often contribute to Housing Element implementability and program development.

Mr. Savois leads and supports a variety of design, transportation and community development projects, including preparation of active transportation plans, safe routes to school plans, design guidelines, conceptual site plans and GIS services.

Haley Walker
CEQA
3 Ms. Walker has provided CEQA services to a variety of projects, including preparation of categorical exemption reports, initial studies, environmental impact reports (EIR), and CEQA addendums. Ms. Walker has provided CEQA support to a number of housing projects in San Bernardino County and will utilize this regional understanding to assist in the development of the CEQA strategy for this Housing Element.

Elizabeth Meyerhoff
CEQA
20 Ms. Meyerhoff brings 20 years of experience as an environmental planner with extensive working knowledge of California’s complex environmental regulations. She has provided CEQA support to many projects in the City of Fontana and across San Bernardino County, giving her a wealth of knowledge of local environmental conditions. Ms. Meyerhoff will utilize this regional understanding to lead the development of the CEQA strategy for this Housing Element.

Veronica Tam, AICP
Veronica Tam & Associates (VTA) –
Subconsultant
25 Ms. Tam is the founder and principal of Veronica Tam & Associates. Highly effective and fun, VTA has prepared more Housing Elements and obtained more HCD certifications than any other firm over the last 25 years, and has an example and well-reasoned recommendation for nearly every issue and circumstance regarding housing policy development and community development planning.

Lori Parrington
VTA
12 Ms. Parrington has over 12 years of planning experience in the public and private sectors. Her housing experience includes Housing Elements, zoning code updates, special studies, Specific Plan preparation and environmental review. At VTA, Ms. Parrington contributes to a variety of housing studies as well as environmental clearance requirements for housing-related projects.

Jamie Power
VTA
6 Ms. Power joined VTA in 2020 and has been assisting with the preparation of various housing studies. Ms. Power is well versed in using Census and CHAS datasets for housing and demographic analysis. As a planner, she contributes to the preparation of a variety of housing studies and reports. 448

CITY OF FONTANA HOUSING ELEMENT UPDATE QUALIFICATIONS AND EXPERIENCE

Experience Providing Similar Services
Michael Baker has exemplary experience providing the precise services required for the preparation of Fontana’s 7th Cycle Housing Element update. This includes an intimate working knowledge of Fontana projects, plans, and procedures with over 20 projects directly for the City of Fontana and more than 20 additional projects in Fontana, as well as preparation and HCD certification of over 20 6
th and 7th Cycle Housing Element updates, including eight for jurisdictions in the County of San Bernardino.

Housing Element Experience and Similar
Services: Our team has prepared and supported
HCD approval of over 20 6th Cycle Housing
Elements. Eight of those were in San
Bernardino County, giving us unique
knowledge, experience, and insight into the
housing needs in the region—such as
understanding the need for specific outreach to
communities with special housing needs,
including Spanish translated outreach, and for
more housing opportunities without causing
conditions of displacement for generational
community members. This same team has also
been busy actively implementing many
important and complicated Housing Element
programs, including new zoning, rezoning,
objective design standards, fiscal impact and
feasibility analyses, and fee studies. We worked
closely and creatively with our San Bernardino
Housing Element update clients and
SBCTA/COG to bring them more than $1.2
million in REAP 2.0 grant funds to help
implement their Housing Element programs.

Using our close working relationships and deep
understanding of needs, we more than doubled
the budget allocation to our clients. This
significant grant was used to prepare Housing Element Rezoning, Objective Design Standards, Pre-Approved ADU plans, a Bonus ADU program, a Subdivision Ordinance, and a Pro-Housing Certification.

Housing Element support has ranged from full-service drafts, outreach plans, and adoption to acute technical assistance and peer review. We consistently receive letters of substantial compliance from HCD swiftly and with minimal rounds of review. We are well-versed in Housing Element law, requirements, and how to navigate the HCD review process.

Our knowledge and technical skill set, required to develop a comprehensive inventory of available and suitable sites for a variety of housing types to satisfy RHNA requirements, has been extensively refined through the 6th Housing Element Cycle.

We have developed and refined a robust methodology and technical model to identify, evaluate, prioritize, and document the features of each site. This Housing Capacity Analysis will use these same skills but will focus on identifying sites and consideration of building trends, state laws, and site-specific features.

Figure 1: Michael Baker 6
th and 7th Cycle
Housing Element Successes
449

CITY OF FONTANA HOUSING ELEMENT UPDATE QUALIFICATIONS AND EXPERIENCE

Recent Housing Elements prepared by the Michael Baker International team:

Agency Project Name
San Bernardino County Jurisdictions
City of Big Bear Lake 6th Cycle Housing Element Support City of Chino Hills 6th Cycle Housing Element Support
City of Colton 6th Cycle Housing Element, Specific Plan Update City of Grand Terrace 6th Cycle Housing Element, Safety Element, Rezone, Objective Design Standards City of Hesperia 6th Cycle Housing Element
City of Needles 6th Cycle Housing Element
City of Redlands* 6th Cycle Housing Element
City of Upland 6th Cycle Housing Element, Rezone Support Other Jurisdictions
City of Escondido* 6th Cycle Housing Element
City of Foster City 6th Cycle Housing Element Support
City of Gilroy 6th Cycle Housing Element
City of Lakewood 6th Cycle Housing Element
Town of Los Altos Hills 6th Cycle Housing Element, Rezone, Objective Design Standards City of Madera 6th Cycle Housing Element
City of Modesto 6th Cycle Housing Element
City of Norwalk* 6th Cycle Housing Element Fair Housing Support City of Pinole 6th Cycle Housing Element, Safety Element County of San Diego* 6th Cycle Housing Element Update
City of San Juan Capistrano* 6th Cycle Housing Element & Environmental Justice Elements City of Seal Beach 6th Cycle Housing Element Response to HCD Comments City of Sonora 7th Cycle Housing Element
City of Tracy* 6th Cycle Housing Element
* Projects performed with VTA
Experience Working with the City of Fontana: Michael Baker has worked with the City on over 20 projects directly for the City of Fontana, including 7 since 2020, providing project review and recommendations to bring a wide range of projects to completion on time and within budget, including large to small private developments where cost and time were of the essence. Our team understands the City development approval process through our existing Environmental and Planning contract and will look to reduce the time and cost burden for private projects wherever feasible when preparing technical study and CEQA documentation, as well as for recommendations for project timing, redesign, and avoidance/minimization measures.

The following are a few recent examples of Michael Baker International projects for the City of Fontana.

Project Description
Fontana Parking
Structure
Michael Baker prepared a Class 32 Categorical Exemption for the City’s proposed downtown parking structure. Technical studies related to air quality and greenhouse gas emissions were prepared by the Michael Baker team to substantiate the Class 32 Categorical Exemption. This project has been successfully constructed.

Monte Vista
Homes Master
Case No. 20-073
Michael Baker prepared an Initial Study/Mitigated Negative Declaration (IS/MND) and supporting technical studies for Monte Vista Homes’ Master Case No. 20-073 Project in Fontana. The project consists of land use and zoning changes, a tentative tract map, and design review for the construction of 53 single-family dwellings on 9.2 acres. In addition to the IS/MND, Michael Baker prepared technical studies related to air quality and greenhouse gas emissions, biological resources, cultural resources, and noise.
450

CITY OF FONTANA HOUSING ELEMENT UPDATE QUALIFICATIONS AND EXPERIENCE

Project Description
Mountain View
Villas Tentative
Tract Map
Michael Baker is preparing the CEQA compliance document and supporting cultural resource evaluation for Master Case No. 25-0081, Design Review No. 25-0037, and Tentative Tract Map No. 25-0008. The project would develop approximately 108 units on an approximately 6.7-acre site located at 17218 Baseline Avenue, in Fontana. The multifamily development is located within the Walnut Village Specific Plan. This project has been successfully constructed.

Foothills
Commerce Center
Michael Baker prepared an EIR for the Foothills Commerce Center. The project proposed the development of a 754,408-square-foot facility consisting of two warehouse and distribution buildings. The project also consisted of General Plan Amendments, Specific Plan Amendments, Zone Changes, Tentative Parcel and Tract Map approvals, Conditional Use Permit and Design Review.

This project has been successfully constructed.

I-15 Logistics
Center
Michael Baker prepared an EIR and related technical studies for the I-15 Logistics Center Project.

The proposed project includes the development and operation of a 1,175,720-square-foot logistics facility on approximately 76 acres; the realignment of a segment of Lytle Creek Road; the annexation of 152 acres; and related entitlements. In addition to the EIR, Michael Baker prepared the project’s air quality, greenhouse gas, noise, and health risk assessments, traffic impact study, delineation of state and federal jurisdictional waters, habitat assessment, California gnatcatcher surveys, San Bernardino kangaroo rat surveys, and rare plant survey report. This project has been successfully constructed.

San Sevaine Trail
Project, Segment 2
Michael Baker evaluated the potential environmental impacts of the proposed expansion of Segment 2 of the existing Class I San Sevaine Trail. The project added a new 1.25-mile trail segment within the Cities of Fontana and Rancho Cucamonga. The project involved converting an existing maintenance road, which currently runs parallel to the Etiwanda flood control channel, into a section of trail, and filling the gaps in the new linear path. This project has been successfully constructed.

West Valley
Logistics Center
Michael Baker prepared an EIR for the West Valley Logistics Center Specific Plan located in southeast Fontana. The proposed West Valley Logistics Specific Plan consists of approximately 145 net acres of industrial use and approximately 153 acres of open space. Infrastructure improvements are also proposed as part of the project, including street, water, sewer, and storm drainage improvements. Major environmental issues addressed in the EIR include air quality, noise, traffic, aesthetics, biological resources, geological resources, hydrology and water quality, and public services and utilities. This project has been successfully constructed. 451

CITY OF FONTANA HOUSING ELEMENT UPDATE QUALIFICATIONS AND EXPERIENCE

PROJECT MANAGER
Hannah R Kreitman, AICP
Ms. Kreitman has experience in supporting housing, zoning, and design projects including policy, preparation of Housing Elements, new zones, objective design standards, and GIS services. She is an effective communicator and experienced researcher. Past projects include managing, supporting, or providing technical assistance over 20 Housing Element updates, outreach and facilitation, zoning ordinance updates, and objective design standards.

RELEVANT EXPERIENCE
▪ Housing Element updates, over 20 jurisdictions, 8 in San Bernardino County ▪ Housing Element Rezone and Objective Design Standards, Grand Terrace ▪ Colton HUB City Centre Specific Plan Amendments, Colton ▪ Objective Design Standards, New Multi-Family Zone, Zoning Map, and Land Use Element Amendment, Los Altos Hills
▪ New Mixed-Use Zone and Zoning Map, City of Thousand Oaks ▪ Housing Zoning Code Update, County of San Diego
▪ Safety Element, City of Chula Vista
▪ Housing Unlocked, County of San Diego
▪ Assessment of Fair Housing, County of Riverside
▪ Let’s Talk Housing, County of San Diego
▪ Objective Design Standards, City of La Cañada-Flintridge Years Experience/Years with Firm
6 / 5
Education
B.A., Urban Studies and Planning,
University of California, San Diego
Minors: Environmental Studies and
Engineering Mechanics
Licenses/Certifications
American Institute of Certified
Planners, 2025, 37402
452

CITY OF FONTANA HOUSING ELEMENT UPDATE QUALIFICATIONS AND EXPERIENCE

PROJECT PRINCIPAL
Alicia Gonzalez
Ms. Gonzalez provides on‑call planning and environmental management and oversight for projects throughout Southern California. A CEQA generalist and planning practitioner, she translates technical and engineering concepts into clear, accessible information for agencies, stakeholders, and the public. She strengthens on‑time, on‑budget delivery through proactive schedule management through task prioritization and routine check‑ins with project staff and subconsultants; strong project administration, including agendas, meeting minutes, action tracking, administrative record compilation, and file management; effective use of technology to streamline collaboration, documentation, and record‑keeping; rigorous QA/QC oversight aligned with Michael Baker’s quality policies and procedures; and close monitoring of scope, budget, and deliverables to support predictable project performance.

RELEVANT EXPERIENCE
▪ I-15 Logistics Center Project, City of Fontana
▪ Foothills Commerce Center Project, City of Fontana
▪ Downtown Parking Structure Project, City of Fontana
▪ On-Call Environmental and Planning Consultants, City of Fontana ▪ Mountain View Villas TTM No 20863, City of Fontana
▪ Monte Vista Homes Master Case No. 20-073, City of Fontana ▪ CEQA for Housing Element Updates, 10+ Jurisdictions
▪ As Needed Professional Planning Services, City of Menifee ▪ On-Call General Planning and Environmental Support Services, Riverside County
▪ On-Call Environmental and Planning Consulting Services, City of Colton ▪ On-Call Staffing and Comprehensive Planning Services, City of Eastvale ▪ San Bernardino County Transportation Authority (SBCTA) CTO No. 14, Subregional Partnership Program. Cities of Grand Terrace, Chino Hills, Needles, Upland, and San Bernardino County
▪ Grand Terrace Assembly and Light Manufacturing Building Project, City of Grand Terrace
▪ Barton Road Specific Plan Project, City of Grand Terrace ▪ Hub City Center Specific Plan Amendment, City of Colton ▪ Cabazon Community Plan and Infrastructure Plan EIR, County of Riverside
▪ Eastvale 2040 General Plan and EIR, City of Eastvale
Years Experience/Years with Firm
12 / 12
Education
B.S, Biological Science, California
State University at San Marcos
453

CITY OF FONTANA HOUSING ELEMENT UPDATE QUALIFICATIONS AND EXPERIENCE

PROGRAM & QA/QC MANAGER
Dan Wery, AICP, LEED AP
Mr. Wery is a veteran program and project manager for all types of planning and development projects of all sizes and complexity and will serve as principal-in-charge. He is an expert in policy and ordinance development, urban design, and comprehensive planning and environmental on-call services, and has reviewed and entitled hundreds of development projects. He has prepared multiple comprehensive zoning code updates, General Plans, specific plans, corridor studies, Housing Elements, and many special projects for dozens of municipalities. Mr. Wery will provide subject matter expertise, strategic guidance, quality assurance and control, and will ensure the project is accomplished on time and within budget.

RELEVANT EXPERIENCE
▪ Housing Element Updates, 20+ jurisdictions
▪ Housing Element Rezoning Programs, 5+ jurisdictions
▪ Safety and Environmental Justice Elements, 5+ jurisdictions ▪ Comprehensive General Plan Update and Commercial District Vision Plan, City of Rolling Hills Estates
▪ Comprehensive Development Code Update, City of Menifee ▪ Casa de Oro Campo Road Revitalization Specific Plan, County of San Diego ▪ Valencia Town Center Specific Plan, City of Santa Clarita ▪ Retail Recovery Study, City of Palo Alto
▪ On-Call Advance Planning Services, County of San Diego ▪ On-Call Planning and Housing Services, City of Chula Vista ▪ Housing Unlocked Zoning Code Amendments, County of San Diego ▪ Housing Zoning Ordinance Update, County of San Diego
▪ Objective Design Standards, 5+ jurisdictions
Years Experience/Years with Firm
39 / 21
Education
B.A., Urban Studies, Columbia
University
Licenses/Certifications
American Institute of Certified
Planners, 1993, 010438
LEED Accredited Professional, 2009,
10037662
454

CITY OF FONTANA HOUSING ELEMENT UPDATE QUALIFICATIONS AND EXPERIENCE

HOUSING SPECIALIST
Shannon Liska, AICP
Ms. Liska has an experienced background in long-range planning with a focus in California state housing laws. She has expertise in managing and supporting a variety of policy, ordinance, and environmental projects, including preparation of Housing Elements, community planning documents, entitlement support, environmental documentation, and GIS services. She is a skilled researcher and clear communicator. Passionate about housing, she has managed, supported, or provided technical assistance on over 20 6th and 7th Cycle Housing Elements.

RELEVANT EXPERIENCE
▪ 6th and 7th Cycle Housing Element updates, over 20 jurisdictions ▪ Housing Infill on Public and Private Lands,
San Bernardino County Transit Authority
▪ Housing Unlocked, County of San Diego
▪ Housing Zoning Ordinance Update, County of San Diego
▪ Colton Hub City Centre Specific Plan Amendments, City of Colton ▪ Zoning Code Amendments & Process Improvements, County of San Diego ▪ Retail Recovery Study, City of Palo Alto
Years Experience/Years with Firm
6 / 5
Education
M.C.P., City Planning,
San Diego State University
B.A., Sociology, Gonzaga University
B.A., Economics, Gonzaga University
Licenses/Certifications
American Institute of Certified
Planners, 2023, 35033

HOUSING SPECIALIST
Cameron Savois, LEED GA
Mr. Savois has experience in leading and supporting a variety of design, transportation and community development projects, including preparation of active transportation plans, safe routes to school plans, design guidelines, conceptual site plans and GIS services. He is a skilled and versatile urban planner and clear communicator. Past projects include multimodal transportation plans, specific plans, Housing Elements, zoning studies, and military facility plans.

RELEVANT EXPERIENCE
▪ Housing Element updates, over 10 jurisdictions
▪ Community Based Transportation Program, County of San Diego ▪ SBC Safe Routes to Schools. San Bernardino County
▪ Rezoning and Objective Design Standards, City of Grand Terrace ▪ Housing Element Update, Objective Design Standards, and New Multifamily Zone, Town of Los Altos Hills
▪ Retail Recovery Study, City of Palo Alto
▪ Housing Unlocked, County of San Diego
▪ Objective Design Standards, City of La Cañada Flintridge Years Experience/Years with Firm
10 / 4
Education
M.U.R.P., Planning and Urban Design,
University of Colorado at Denver
B.A.E., Environmental Planning and
Design, University of New Mexico
Licenses/Certifications
LEED Green Associate
455

CITY OF FONTANA HOUSING ELEMENT UPDATE QUALIFICATIONS AND EXPERIENCE

CEQA MANAGER
Elizabeth Meyerhoff
Ms. Meyerhoff brings 20 years of experience as a project manager and environmental planner with extensive working knowledge of California’s complex environmental regulations. Prior to joining Michael Baker International, she served as an environmental specialist with the Coachella Valley Water District overseeing CEQA, CEQA-Plus, and NEPA compliance for their Capital Improvement Program, operation and maintenance activities, and mitigation projects. Ms. Meyerhoff has successfully acquired regulatory permits from the USACE, RWQCB, CDFW, and has working relationships with several Native American tribal governments throughout Southern California. Public outreach and community engagement efforts include delivering project-specific scoping, hosting open houses, and project presentations to various committees, including engagement in direct dialog with the public and key stakeholders.

RELEVANT EXPERIENCE
▪ Mountain View Villas TTM No 20863, City of Fontana
▪ Indian Canyon Drive Improvements Project, Coachella Valley Association of Governments. City of Palm Springs
▪ Frank Sinatra Drive Widening Project, City of Rancho Mirage ▪ Meloland Road Bridge Project, Imperial County Public Works ▪ Davis Road Bridge Project, Imperial County Public Works ▪ Broadband Strategic Master Plan, City of San Bernardino ▪ Coachella Rail Station Feasibility Study, City of Coachella ▪ Grand Terrace: On-Call Planning and Environmental Services Support.

Years Experience/Years with Firm
20 / 4
Education
Post-Baccalaureate Professional
Certificate, Land Use and
Environmental Planning, University of
California, Riverside Extension
B.A., Sociology, University of
California, Riverside
456

CITY OF FONTANA HOUSING ELEMENT UPDATE QUALIFICATIONS AND EXPERIENCE

CEQA SPECIALIST
Haley Walker
As an associate planner at Michael Baker, Ms. Walker has a diverse background in environmental sciences, as well as achieving a professional certificate in geographic information system (GIS). Her work primarily involves preparation of environmental compliance documentation pursuant to CEQA; including categorical exemption reports, initial studies, EIRs, and CEQA addendums. Her work also involves preparing compliance documents pursuant to the National Environmental Policy Act (NEPA) for public and private sector clients, including environmental assessments. Ms. Walker is proficient in the subject of technical writing and prides herself on her research and communication skills.

RELEVANT EXPERIENCE
▪ Mountain View Villas TTM No 20863, City of Fontana
▪ Hub City Center Specific Plan Amendment, City of Colton ▪ Cabazon Community Plan and Infrastructure Plan EIR, County of Riverside
▪ Housing Element Rezone Notice of Exemption, Grand Terrace ▪ 781 East El Camino Real Project, City of Sunnyvale
▪ Buttonwillow Maverik Gas Station, County of Kern
▪ Eastvale Civic Center, City of Eastvale
▪ Los Altos Hills 6th Cycle Housing Element Update, Town of Los Altos Hills ▪ Assembly and Light Manufacturing Building, City of Grand Terrace ▪ Riverside County 2023 Climate Action Plan Addendum, County of Riverside ▪ 21950 Temescal Canyon Road, County of Riverside
▪ 1035 El Camino Real Mixed-Use Development, City of Sunnyvale Years Experience/Years with Firm
3 / 3
Education
B.S., Environmental Science and
Management, Humboldt State
University, Arcata
457

CITY OF FONTANA HOUSING ELEMENT UPDATE QUALIFICATIONS AND EXPERIENCE

STRATEGIC HOUSING ADVISOR
Veronica Tam, AICP
Ms. Tam is the principal at Veronica Tam & Associates. She has expertise in the areas of housing policy development and community development planning. She has over 25 years of experience preparing a range of housing and community development plans and studies for jurisdictions throughout California.

RELEVANT EXPERIENCE
▪ 6th Cycle Housing Elements, various, over 80 jurisdictions ▪ Consolidated Plans and Related Reports, over 10 jurisdictions ▪ Fair housing studies, over 10 jurisdictions
▪ Inclusionary Housing Policy, City of Ventura
▪ Housing Assessment and Housing Element Implementation Assessment, Gateway Cities Council of Governments
▪ HUD Pro-Housing Grant Application, City of Long Beach ▪ Religious Facility and Institution Affordable Housing Overlay, City of Long Beach
Years Experience
20+
Education
MA, Urban Planning, University of
California, Los Angeles
BES, Urban and Regional Planning
(Economics Minor), University of
Waterloo, Canada
Licenses/Certifications
American Institute of Certified
Planners

HOUSING SPECIALIST (VTA)
Lori Parrington
Ms. Parrington has over 12 years of planning experience in the public and private sectors. Her housing experience includes Housing Elements, zoning code updates, special studies, Specific Plan preparation and environmental review. At VTA, Ms. Parrington contributes to a variety of housing studies as well as environmental clearance requirements for housing-related projects.

RELEVANT EXPERIENCE
▪ 6th Cycle Housing Elements, various, over 10 jurisdictions ▪ Consolidated Plans and Related Reports for Cities of Delano, Glendale, Monterey, Salinas
▪ Gateway Cities Housing Assessment, Gateway Cities Council of Governments
▪ Gateway Cities AFFH Housing Policy Analysis, Gateway Cities Council of Governments
▪ HUD PRO Housing Grant Application, City of Long Beach

Years Experience
12+
Education
Master in Urban and Regional
Planning, University of California,
Irvine
Bachelor in Political Science,
University of Colorado at Boulder
458

CITY OF FONTANA HOUSING ELEMENT UPDATE QUALIFICATIONS AND EXPERIENCE

HOUSING SPECIALIST (VTA)
Jamie Power
Ms. Power joined VTA in 2020 and has been assisting with the preparation of various housing studies. Ms. Power is well versed in using Census and CHAS datasets for housing and demographic analysis. As a planner, she contributes to the preparation of a variety of housing studies and reports.

RELEVANT EXPERIENCE
▪ 6
th Cycle Housing Elements, over 20 jurisdictions
▪ Affirmatively Furthering Fair Housing Analysis, 10 different jurisdictions ▪ Consolidated Plans and Annual Reports, multiple jurisdictions ▪ Gateway Cities Housing Assessment, Gateway Cities Council of Governments
▪ Gateway Cities AFFH Housing Policy Analysis, Gateway Cities Council of Governments
Years Experience
6 Education
BS, 2020, Environmental Studies,
University of California, Santa Barbara
459

CITY OF FONTANA HOUSING ELEMENT UPDATE STATEMENT OF UNDERSTANDING AND APPROACH

C. STATEMENT OF UNDERSTANDING AND APPROACH
Project Understanding and Approach
We understand that the City of Fontana is seeking a consultant to work with the City to prepare the City’s 7th Cycle Housing Element. The Michael Baker team has an intimate understanding of the critical elements and variables necessary to prepare the City’s 7th Cycle Housing Element update and obtain HCD certification quickly and efficiently.

Michael Baker stands as the premier partner for the City’s 7th Cycle Housing Element. Our team brings unmatched leadership, proven expertise, and a deep, Fontana-specific understanding of the critical elements needed to secure timely and efficient HCD certification. We have an exceptional track record in delivering successful Housing Elements throughout San Bernardino County, consistently meeting and exceeding our clients’ needs and goals. Our specialized knowledge enables us to anticipate and tackle every key challenge—including overlay zone adjustments, no net loss buffers, ADU and SB 9 implementation, SB 330 compliance, Builder’s Remedy considerations, and potential EIR requirements—with practical, actionable solutions. We are committed to providing programs that are not only certifiable but are truly implementable and tailored to Fontana’s unique circumstances. With Michael Baker, Fontana gains a trusted leader dedicated to delivering results and ensuring the Housing Element update is completed efficiently, on schedule, and in full alignment with the City’s vision.

Leading Housing Element Experts. Michael Baker has prepared well over 100 Housing Elements. Our core team prepared and obtained HCD certification for over 20 Housing Elements during the 6th Cycle, including 8 Housing Elements in San Bernardino County, and has already obtained certification for one 7th Cycle Housing Element. We regularly use our comprehensive land use, zoning, environmental resource identification, housing law knowledge, regulation and permitting, and land development and entitlement skills and experience as part of our identification and evaluation of the housing resources and RHNA candidate sites and inventories. Our work in the San Bernardino County community, including with cities like Redlands, Colton, and Chino Hills, has taught us that many of these areas are already considered built out, and we will use our knowledge and experience to identify both vacant and non-vacant sites with higher likelihood of developability, while listening to the needs of stakeholders and community members that value existing community character.

Extensive City of Fontana Experience and Working Knowledge. We have a deep knowledge and understanding of the City of Fontana, due to our continued partnership and multiple projects under our Planning and Environmental On-Call contract.

Our team has worked with the City for several years, providing project review and recommendations to bring a wide range of projects to completion on time and within budget, including large to small private developments where cost and time were of the essence. Through our existing and multiple past contracts, our team understands City processes and we will use this experience to inform the Housing Element and develop housing programs that will be implementable and efficient within existing City structures.

Proven Sites Inventory Analysis Methodology and Model. We are experts in developing adequate sites inventories to meet the RHNA. This has often included the development of rezone programs to meet the dramatic increases in RHNA between recent Housing Element cycles. Not only did we work closely with cities to develop rezoning programs, but we have also been assisting many of the same cities with implementation of their Housing Element programs, including creation of new multifamily and mixed-use zoning districts, upzoning programs, specific plan amendments, objective design standards, and preapproved ADU construction plans. Our continued work with our Housing Element clients has given us an intimate knowledge of city processes and how to select sites and draft programs that make sense on a practical level.

With the recent court case against the City of Redondo Beach, there are restrictions to including sites in overlay zones toward meeting lower-income RHNA requirements. We will evaluate the sites identified in the R4 overlay for continued effectiveness. We will identify new sites and reevaluate sites identified from the 6th Cycle Housing Element Inventory.

Trusted Expert and Efficient Project Management and Coordination. We understand that Fontana is seeking a consultant that has proven project management skills, as well as an approach and process the City can trust and rely on to ensure the Housing Element update meets the City’s goals and objectives, is prepared in a timely and efficient manner, and enables City staff to accomplish all of its other responsibilities. Our housing team members are trained in the Michael Baker system to be highly effective project managers. Our team has excellent communication and reporting skills to match our subject 460

CITY OF FONTANA HOUSING ELEMENT UPDATE STATEMENT OF UNDERSTANDING AND APPROACH

matter skills and expertise, and the commitment to client satisfaction. We routinely deliver our projects on time and within budget and earn client appreciation. This is proven by requests for our services on additional projects and eager references for new clients. We encourage Fontana to contact our references about our services.

We have great admiration for and love teaming with our trusted partner, VTA. We know how to work together to complement each other’s strengths. Our division of labor and internal peer review and support ensure that our collective efforts result in advantages for the City.

Expedited Project Schedule - Sooner is Better. We recommend a schedule that has an early start in order to achieve a letter of substantial compliance as soon as possible before the City’s statutory deadline of October 15, 2029. There are distinct advantages and a reduction of risks and disadvantages by starting the Housing Element update early and completing it as soon as possible. Generally, the sooner the Housing Element can be prepared, adopted and certified, the less likely it will be subject to new laws and proceduresthat generally only increase staff and consultant time, costs, and complexity. Advantages include lower preparation costs, minimizing exposure to new housing laws and escalation of HCD expectations and review standards and requirements, increased flexibility and response time, and avoidance and minimization of SB 330 and Builder’s Remedy applications, among other considerations. The state legislature adopted many new laws that effectively changed the rules during the 6
th Cycle Housing Element planning period. Cities and counties that completed their Housing Elements earlier in the planning period were able to do so with significantly less effort and cost than those that started and were completed later. Many of the Housing Elements that HCD certified would not have been found to be substantially compliant even months later. We have provided a schedule that demonstrates a very reasonable and comfortable schedule that ensures completion well before the statutory deadline. We can complete the Housing Element much more quickly depending on staff availability and capacity.

For a variety of reasons, many San Bernardino County jurisdictions started late and fell behind the statutory deadlines.

Several then hired Michael Baker to complete and obtain certification of their Housing Elements started by other consultants. HCD’s expectations for site substantiation, local knowledge, and program metrics for these communities were notably much greater and more intensive than those for similar and neighboring cities who achieved early certification. Early start and completion avoids new statutory requirements and evolving and ever-higher HCD expectations.

RHNA Process and Representation. One of the anticipated challenges is that the City has yet to receive the RHNA. The RHNA will determine whether and to what extent the City may need to rely on non-vacant and nonresidential sites and rezoning to provide adequate sites to meet the RHNA and no net loss buffer. We anticipate that the 7th Cycle RHNA will be relatively similar to the 6th Cycle RHNA of 17,519 units, and not the dramatic increase many communities experienced between the 5th and 6th Cycles. Our team is prepared to assist and represent Fontana during the development of the methodology for the RHNA process. We are also prepared to help Fontana develop the optimal RHNA sites inventory, and land use and zoning solutions for the assigned RHNA. Many chapters of the Housing Element can be started before receipt of the RHNA numbers, including much of the Needs Analysis, Constraints Analysis, Review of Past Accomplishments, and Programs. Our team can begin work on these chapters to get a head start on Housing Element development before the RHNA numbers are known.

Time Is of the Essence: Capacity, Speed and Responsiveness Is Our Advantage. In this context, time is of the essence. Our team is highly efficient, effective, and responsive. Our Housing Elements usually obtain HCD certification in fewer HCD review cycles than average, even for cities with unusual or challenging circumstances. This ultimately saves time and money and reduces exposure to statutory deadlines, changes, and legal challenges. For these reasons, we have included our good friends and frequent and trusted partners from VTA to provide additional capacity to help prepare and complete the Housing Element update as fast as possible. The sooner we start, the faster and easier it will be to complete the 7th Cycle Housing Element.
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Scope of Services
The City’s RFP requests that the consultant present a complete scope. Due to the page limitations placed on Section C, our Scope of Services is provided in an Appendix. To ensure clarity and transparency, the Appendix contains a comprehensive outline of all tasks, deliverables, and proposed methodologies that align with the City’s expectations and the requirements detailed in the RFP. Each task within the Scope of Services is numbered to correspond directly with the items listed in the Work Schedule and Costs, allowing for seamless cross-referencing. This structure ensures that every aspect of the City’s needs—from project management and coordination to detailed analysis and reporting—is thoroughly addressed.

Additionally, placing the Scope of Services in the Appendix allows us to include more detailed explanations and supporting information than would be possible within the page-limited Section C, providing the City with a complete understanding of our approach and commitment to fulfilling all required services efficiently and effectively. 462
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D.WORK SCHEDULE
Housing Elements in San Bernardino County must be adopted by October 15, 2029 (with a 120-day grace period). This schedule assumes certification will be achieved 6 months before the statutory deadline. AB 1398 requires that certification be achieved within the grace period in order to get three years to complete the rezoning to meet the RHNA. If certification is not achieved by the grace period, the City only has one year to complete the necessary rezoning to meet the RHNA.

Completion of certain tasks, such as the sites inventory, fair housing analysis, and subsequent full drafts of the Housing Element, are dependent upon receipt of the final RHNA determination. We will provide a revised project schedule once the RHNA is finalized. As noted, we can complete the Housing Element much earlier than shown, should the final RHNA allocation be determined prior to Q3, 2027.

Q2, 2026 Q3, 2026 Q4, 2026 Q1, 2027 Q2, 2027 Q3, 2027 Q4, 2027 Q1, 2028 Q2, 2028 Q3, 2028 Q4, 2028 Q1, 2029 Q2, 2029 Task 1.1: Project Kickoff Meeting
Task 1.2: Project Schedule
Task 1.3 Project Management, Coordination, and Quality Control Task 2.1: Review of SCAG data and methodology on the draft and final RHNA numbers Task 3.1: Review of the City of Fontana General Plan (2015-2035) Task 4.1: Community and Stakeholder Outreach and Engagement Strategy Task 4.2: Online Survey
Task 4.3: Community Workshops
Task 4.4: Planning Commission and City Council Workshops Task 4.5: Stakeholder Focus Groups
Task 5.1: Planning Commission and City Council Adoption Materials Task 6.1: Public Hearing Attendance and Support
Task 7.1: Addendum to the General Plan EIR
Task 8.1: Tribal Consultation Assistance
Task 9.1: Administrative Draft Chapters
Task 9.1.1: Housing Needs Analysis (VTA)
Task 9.1.2: Affirmatively Furthering Fair Housing
Task 9.1.3: Sites Inventory and Analysis of Resources
Task 9.1.4: Electronic Sites Inventory Form
Task 9.1.5: Analysis of Constraints on Housing
Task 9.1.6: Housing Goals, Policies and Programs
Task 9.1.7: Review of Past Accomplishments
Task 9.2: Screencheck and Public Review Drafts
Task 9.3: HCD Review Draft
Task 9.4: Final Housing Element
Task 10.1: HCD Coordination and Meetings
TASK 1: PROJECT MANAGEMENT AND COORDINATION
TASK 2: REVIEW OF SCAG DATA AND METHODOLOGY
TASK 10: LIAISON FOR HCD CERTIFICATION
TASK 9: HOUSING ELEMENT PREPARATION
TASK 8: TRIBAL CONSULTATION AND SB 18 AND AB 52 SUPPORT TASK 7: CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
TASK 6: PUBLIC HEARING SUPPORT
TASK 5: PUBLIC HEARING MATERIALS
TASK 4: COMMUNITY OUTREACH AND ENGAGEMENT
TASK 3: REVIEW OF THE CITY OF FONTANA GENERAL PLAN
Key
Michael Baker Deliverable
Public Engagement and Review
HCD Review and Comment
Planning Commission and City Council
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CITY OF FONTANA THE GENERAL PLAN HOUSING ELEMENT UPDATE, PL-26-175-SP REFERENCES

E. REFERENCES
Michael Baker has completed more than 100 Housing Elements statewide. Our experience with Housing Elements enables our team to hit the ground running upon notice to proceed, allowing the City to preserve staff and budgetary resources. We have a proven track record of successfully completing projects on time and within budget. Excellent organization, tools, and methods to monitor budgets, an emphasis on communication both internally and externally, and a structured project management approach are a few examples of how Michael Baker maintains client satisfaction. To hear what our clients have to say about us, we invite you to contact our references below. 6 th
Cycle Housing Element Update,
Fiscal Impact Assessment, and Rezone
City of Grand Terrace, CA
Michael Baker assisted the City in drafting the City of Grand Terrace’s 6th Cycle Housing Element. The team was contracted after the City’s first draft was submitted and the City received a long review letter. The Michael Baker team worked with the existing first draft, drafted a new set of programs, full AFFH chapter, full revised sites analysis, and constraints chapter for the City.

The work included a thorough sites analysis on parcels in the City that would be suitable for multifamily zoning and housing development. Michael Baker conducted an analysis of zoned and potential capacity for the City to help identify parcels to meet the 6th Cycle RHNA and prepare for the 7th Cycle as well.

Michael Baker developed and implemented a high density
rezone for 97 acres within the City of Grand Terrace. This included an amendment to the land use element, fiscal impact analysis, zoning code, and zoning and land use maps to
incorporate and implement standards for an R4 zone at 40 du/ac. The additional acreage is intended to promote
opportunities beyond state law for affordable housing
development and a variety of housing types.

6 th
Cycle Housing Element Update and
Development of First Multifamily Zone
Town of Los Altos Hills, CA
Michael Baker prepared a comprehensive set of revisions to the town’s Housing Element, which included introducing highdensity zoning in a community that only allowed single-family units with a one-acre minimum lot size. We conducted thorough sites analysis on parcels in the town that would be suitable for the town’s first multifamily zoning and housing development.

Following Housing Element adoption and receipt of a letter of substantial compliance from HCD, Michael Baker continued work with the town to develop and implement the first
multifamily zones in the town. This included market feasibility analyses, development of entirely new zoning district and development standards and objective design standards, and thorough outreach and extensive community engagement with the town’s Planning Commission, ad hoc committees, City Council and HCD to develop and adopt the new zoning and objective development standards and implement the Housing Element programs.

Scott Hutter, Planning & Development Services
Director
909-954-5177
[email protected]
22795 Barton Road
Grand Terrace, CA 92313
Jay Bradford, Community Development Director
650-559-2244
[email protected]
26379 Fremont Road
Los Altos Hills, CA 94022

PROJECT REFERENCE PROJECT REFERENCE
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6 th
Cycle Housing Element
City of Modesto, CA
Michael Baker prepared a full and comprehensive 6th Cycle Housing Element for the City of Modesto, a City of similar size to Fontana.

The project involved a comprehensive public engagement plan and dedicated project website. Public outreach, including a housing needs survey and virtual community workshops, were conducted in English and Spanish. All public facing materials, including the full final draft Housing Element, were fully ADA compliant and translated into Spanish. Jointly with the City, Michael Baker held multiple City Council and Planning
Commission workshops.

Outreach also included focus groups with both market rate and affordable housing developers to discuss the development opportunities and trends in Modesto and the greater region.

The sites analysis included analyzing sites that would be suitable for housing or redevelopment and projecting estimated housing capacity based on recent City development trends. A thorough evaluation of development capacity, regional trends, and nonvacant properties was analyzed during the sites selection process. Michael Baker prepared a set of alternative and backup net loss sites for the City to use in the event of a net loss situation.

6 th
Cycle Housing Element and Hub City
Centre Specific Plan Amendment
City of Colton, CA
Michael Baker drafted comprehensive updates to the City’s 6th Cycle Housing Element. This included analyzing sites that would be suitable for housing or redevelopment and projecting estimated housing capacity based on recent City development trends.

The sites inventory relied almost entirely on non-vacant sites to meet the City’s RHNA and included substantial rezoning. Michael Baker collaborated with the City to evaluate local development trends, appropriate non-vacant sites, and City infrastructure capacity.

In order to implement the rezoning included in the Housing Element, Michael Baker prepared an amendment to the Hub City Centre Specific Plan to rezone sites in the Specific Plan area to meet the City’s RHNA. The sites identified were rezoned to a new Residential Mixed-Use (RES-MU) zoning district allowing 20 to 40 dwelling units per acre. Michael Baker also prepared objective design standards that apply to the new RES-MU zone.

The Specific Plan Amendment upholds the City’s vision to restore the sense of community, vibrancy, and vitality of the small-town atmosphere. This includes incorporating a broad range of uses all within walking distance of one another. In addition, the vision includes creating a new main street setting, creating new employment opportunities, and establishing a new strong economic base for the City.

Michael Hren, Principal Planner
209-577-5273
[email protected]
1010 10th Street
Modesto, CA 95354
Mario Suarez, Planning Manager
909-370-5523
[email protected]
659 North La Cadena Drive
Colton, CA 92324

PROJECT REFERENCE PROJECT REFERENCE
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APPENDIX – SCOPE OF SERVICES
Scope of Services
Our proposed work plan to complete the Housing Element update is outlined below. As requested, the scope includes all of the tasks requested in the scope of work contained in the RFP, and task numbers in the proposed scope match the City’s request.

Task 1 – Project Management and Coordination
Task 1.1 Project Kickoff Meeting
At the project kickoff meeting, the Michael Baker project team will hold a virtual meeting with City staff to review and refine the scope of work, discuss expectations and assumptions, collect information sources, and go through the project schedule and work plan for carrying out the work.

We will also take this opportunity to agree on the best and preferred methods for ensuring regular communication with the City, including biweekly calls, progress reports, or other communication methods. Our work plan will include
information regarding quality assurance/quality control (QA/QC) protocols and project management items agreed
upon at the kickoff meeting. After the kickoff meeting, we will develop a detailed project timeline with milestones beginning with review of the 2021-2029 Housing Element update and an initial review and discussion of opportunity sites proceeding through City Council adoption by the October 2029 statutory adoption deadline.

Task Deliverables:
✓ Agenda for kickoff meeting provided at least 3 business days in advance
✓ Virtual meeting attendance
✓ Meeting minutes provided no more than 3 business days after the meeting
✓ Work plan including contact information and QA/QC
protocols
✓ Initial data request list
Task 1.2 Project Schedule
The project team will work with the City to refine the initial project schedule with a list of critical path tasks required to proceed toward adoption by the October 15, 2029, statutory deadline. This will include clearly defined tasks with marked milestones, and start and end dates both for Michael Baker analysis and development, and for City review. This schedule can be revised based on other known City projects and
capacity. We will work with the City to integrate tasks to occur concurrently to the degree feasible in order to reduce the overall project timeline. Additionally, refinements will be made after the kickoff meeting.

Task Deliverable:
✓ Project schedule with clearly defined tasks, milestones, and task start and end dates
Task 1.3 Project Management, Coordination, and Quality
Control
The Michael Baker project management style includes regular communication between the project manager and the City.

The project manager, in conjunction with the task leads, will coordinate on key tasks to meet the overall project schedule.

The project manager will implement Michael Baker’s QA/QC program and provide monthly invoices and status updates.

We will schedule a standing conference call every two weeks throughout the project. These calls provide an opportunity to review tasks in progress, share information, identify and resolve any issues early, and review key milestones and upcoming deliverables. The project team will also
communicate with City staff by email and phone throughout the project, independent from the scheduled calls. In addition, this task assumes weekly tracking/monitoring of the project schedule and monthly billing and invoicing. Meetings will be conducted via Microsoft Teams to facilitate team schedules and minimize travel time and costs throughout the project.

Task Deliverables:
✓ Biweekly agenda for coordination meetings provided at least 3 business days in advance
✓ Meeting attendance
✓ Meeting minutes provided no more than 3 business days after the meeting
✓ Monthly written progress summary reports with invoices Task 2 – Review of SCAG Data and Methodology
Task 2.1 Review of SCAG data and methodology on the draft and final RHNA numbers
This task includes providing as-needed technical support during the RHNA process. Michael Baker will attend as-needed any Southern California Association of Governments (SCAG) or San Bernardino County Transportation Authority (SBCTA)
meetings and review rationale and implications of the
proposed RHNA allocation methodology and estimates for the City’s assigned RHNA during the RHNA allocation process.

Michael Baker will review the assigned RHNA, methodology, and approach for best planning practices to identify any flaws or formulas that result in inequities or unreasonable
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distribution. We will provide a RHNA Allocation Memorandum to the City, including best practices analysis comparing the SBCTA distribution system to similar jurisdictions. We will evaluate the logic, fairness, and impacts of the methodology and calculations. This task is proposed as a time and materials budget.

Task Deliverables:
✓ As-needed meeting attendance and technical assistance (time and materials basis)
✓ Memorandum analyzing draft and final RHNA methodology Option Task 2.2 Appeal of the 7th Cycle RHNA Distribution As Fontana is the second largest city in San Bernardino County and the 20th largest in California, Fontana is likely to have a large distribution of the SBCTA RHNA. We will monitor,
participate, and represent the City in the RHNA determination process, potentially in coordination with other cities, to ensure the distribution approach and formula are justifiable and equitable. We will work with staff and City attorneys to identify any flaws with or alternatives to the methodology and
rationale. If necessary, we will assist staff and City attorneys in preparing and supporting an appeal based on our evaluation of the final allocation methodology. We have allocated an estimated budget of 164 staff hours to this task, to be billed on a time and materials basis.

Optional Task Deliverables:
✓ As-needed meeting attendance for coordination
✓ Assistance to City attorney and staff with preparation of an appeal
Task 3 – Review of the City of Fontana General Plan
Task 3.1 Review of the City of Fontana General Plan (2015- 2035), including the Housing Element that was certified by HCD for the 6th Cycle 2021-2029 and its associated data and information
Michael Baker will conduct an initial overall review and assessment of the 2021-2029 (6th Cycle) Housing Element. An evaluation of 6th Cycle programs will be submitted as a matrix.

This matrix will include the review of housing program
accomplishments including status, evaluation of
implementation and effectiveness, and whether the prior housing programs will be retained, modified, deleted, or amended with new programs.

This task will include review of the documents relevant to the Housing Element update such as:
• 2021-2029 Housing Element
• Annual Progress Reports
• Zoning Code
• Specific Plans
• Past communication with HCD, including any findings
letters
• Land Use Element and Environmental Justice
Appendix (for consistency)
• Other applicable programs and ordinances identified
during project kickoff
This matrix will be used to draft the Review of Past
Accomplishments chapter of the Housing Element. SB 1035 requires cities to update their Safety Element upon adoption of a new Housing Element. Environmental Justice elements are also required to be updated upon the adoption of two or more elements concurrently. We would be happy to provide a scope for these additional elements should the City need support in their development.

Task Deliverables:
✓ Matrix evaluating effectiveness of the 6th Cycle Housing Element and analyzing related materials
Task 4 – Community Outreach and Engagement
Task 4.1 Community and Stakeholder Outreach and
Engagement Strategy
One of the most critical aspects of the Housing Element update process is the importance of the public participation process.

Through the significant changes made to the required fair housing analysis during the 6th Cycle, we know that Housing Element certification relies heavily upon local knowledge to supplement and better understand the data and housing issues at hand, as well as to create programs that work best to serve local and regional needs—and there is no better source of local knowledge than the residents, stakeholders, and leaders of the City of Fontana to help shape the tailored housing solutions for their community. We will provide a short memorandum
detailing the outreach plan for the Housing Element process, and will work with the City to coordinate with other ongoing outreach on City projects and find opportunities for
collaboration to avoid outreach fatigue for notable
stakeholders. After each outreach event, we will provide a summary of the feedback received.

Task Deliverables:
✓ Community Outreach Plan Memorandum
✓ Summary of each community engagement element as
noted in the deliverables of Tasks 4.2-4.4
Task 4.2 Online Survey
The Michael Baker team will prepare an online community housing needs survey, available in both English and Spanish, which is another key method to obtaining valuable
information. Our surveys regularly attract detailed responses and valuable information from hundreds of residents that help identify issues, priorities, and suitable Housing Element 467
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programs. The survey has the advantage of occurring over a longer period, including bracketing other engagement events to provide more input and follow-up comments. The survey is recommended to be relatively simple to encourage
participation, and would focus on identifying housing needs, opportunities, issues, priorities, and recommended policies.

We recommend that the survey be kept open throughout the engagement period covering development of the Housing
Element, up to and including the public review periods. It would close before the public hearings on the draft elements or can be modified to collect comments on the public review draft. We will also provide a flyer with language in both English and Spanish for the City to use to advertise availability of the survey to residents.

Task Deliverables:
✓ Online survey (English and Spanish)
✓ Flyer advertising the availability of the survey and
community workshops (Task 4.3) for posting in City Hall or on the City’s social media (English and Spanish)
✓ Summary of survey results for inclusion in the Housing Element
Task 4.3 Community Workshops
We propose two online/virtual (live) community workshop presentations at different times to meet with community residents, agencies, and key stakeholders. We recommend the first workshop to happen relatively early in the process to introduce the project, process and timeline. The second workshop would occur later and can focus on the preliminary results, findings, recommendations, and programs. Utilizing this format, we will provide a brief presentation summarizing the Housing Element update process, as well as background and contextual information including purpose, goals,
objectives, contents, and key issues and concerns. The
presentations will include interactive live polls with the public followed by brief discussions of the results as well as questions and answers throughout the workshops.

A key advantage of the online format is that meetings are more convenient for individuals to attend from a remote location, and can be more easily accessible for those with mobility issues or who would otherwise have to find transportation. Another advantage is the ability to record the workshops for later viewing, sharing and summary. This includes transcripts of the written questions and answers, and information on workshop attendance. Should the City want these workshops to be
conducted in person, we can provide an updated scope.

We anticipate having two to three members of Michael Baker’s outreach team at these meetings to facilitate community feedback and answer questions. Project team staff will prepare the PowerPoint presentation materials and facilitate the discussion. We assume City staff will participate to assist with the presentation and the question-and-answer portion of the session. Presentation materials will be provided in both English and Spanish. The community workshops can include live
Spanish translation depending on City preference.

Task Deliverables:
✓ Two PowerPoint presentations including Spanish
translation and live polls (preliminary draft for City review and final draft for each)
✓ Two virtual community workshop events, including one
interpreter per workshop
✓ Two workshop recordings for posting on the City website ✓ Summary of community input for inclusion in the Housing Element
✓ Flyer advertising the availability of the survey (Task 4.2) and community workshops for posting in City Hall or on
the City’s social media (English and Spanish)
Task 4.4 Planning Commission and City Council Workshops In order to promote efficiency and cost savings, we propose two in person joint study sessions with the City Council and Planning Commission. If the City would prefer 4 separate workshops, 2 for Planning Commission, and 2 for City Council, we would be happy to change the work plan with a revision to the fee. The State of California has passed several laws that have dramatically changed the landscape of housing planning.

For communities, these laws are complicated, confusing, and/or are so new that the impact is uncertain. Some of these laws have strict requirements and limit the ability of
jurisdictions to customize planning policies to their own preferences. For these reasons, we propose conducting an early study session for the City Council and Planning
Commission to prepare the voting bodies for eventual Housing Element adoption and gather critical local knowledge. We recommend conducting a Housing Element 101 Workshop
early in the process, followed by a site and program specific workshop to gather feedback later in the process. The first will be early in the process to inform interested parties of the undertaking and to seek input on specific key issues and opportunities, and key components of the Housing Element update. This session can also discuss the statutory and the dramatically increased HCD authority, expectations, review requirements and scrutiny to obtain certification. A key objective is to review, prioritize, and strategize the specific accomplishments, timelines, and resources for the
programs/goals. The second will provide a status update on proposed programs and sites and can focus on the preliminary results, findings, recommendations, and programs.

The Michael Baker team will prepare a presentation for each session. This task assumes City staff will be responsible for assistance with logistical support and preparation of a staff report. This task assumes the project team will attend the workshops in person. If the City would prefer virtual
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attendance, we can facilitate these workshops online instead and adjust the work plan accordingly.

Task Deliverables:
✓ Two PowerPoint presentations (preliminary draft for City review and final draft for each)
✓ Two in person joint City Council and Planning Commission study sessions
✓ Summary of input for inclusion in the Housing Element Task 4.5 Stakeholder Focus Groups
Engagement of and input from local advocacy groups and
minority/special needs populations are important to the Housing Element update and will be expected by HCD. We
recommend engaging them early in the update process to
receive feedback. The project team will work with the City to conduct up to three stakeholder focus groups to discuss the Housing Element update and receive feedback on current and proposed programs. We will work closely with City staff to identify stakeholders that represent a broad cross-section of the City of Fontana so that the discussions include market-rate developers, affordable housing developers and fair housing advocates, and community-based organizations. We find that targeted stakeholder interviews provide necessary local knowledge, especially for the fair housing analysis, and provide more direct contact with key stakeholders on their schedule beyond the general workshops.

Task Deliverables:
✓ Facilitation of up to three stakeholder focus groups
✓ Summary of stakeholder input for inclusion in the Housing Element
Task 5 – Public Hearing Materials
Task 5.1 Planning Commission and City Council Adoption
Materials
This scope assumes Michael Baker will prepare the necessary public hearing notices, staff reports, resolutions, and ordinance for the Planning Commission and City Council
adoption hearings. These materials will include a preliminary draft for review by City staff, and a final draft for distribution.

Michael Baker will work with City staff to provide supporting data and information.

Task Deliverables:
✓ 1 staff report for Planning Commission adoption hearing (preliminary and final drafts)
✓ 1 resolution for Planning Commission recommendation
(preliminary and final drafts)
✓ 1 public hearing notice for the Planning Commission
adoption hearing (preliminary and final drafts)
✓ 1 staff report for City Council adoption hearing
(preliminary and final drafts)
✓ 1 City Council resolution for adoption (preliminary and final drafts)
✓ 1 City Council ordinance (preliminary and final drafts) ✓ 1 public hearing notice for the City Council adoption hearing (preliminary and final drafts)
Task 6 – Public Hearing Support
Task 6.1 Public Hearing Attendance and Support
The Michael Baker team will prepare for and remotely attend one Planning Commission hearing and one City Council hearing for the adoption of the Housing Element update. Up to two members of the Michael Baker team will be available to attend each hearing and respond to comments and questions. This scope also includes preparation of the staff report package as noted in Task 5.1. City staff will be responsible for room reservations and distributing required public notices after Michael Baker preparation. We will collaborate with City staff to prepare and deliver presentations for each public hearing. It is assumed that Michael Baker will attend all hearings in person. If desired, virtual attendance can be provided for some efficiency in time and cost.

Task Deliverables:
✓ Virtual attendance and support at one Planning
Commission hearing and one City Council hearing (Word,
PDF)
✓ Planning Commission PowerPoint Presentation
✓ City Council PowerPoint Presentation
Task 7 – California Environmental Quality Act (CEQA)
We understand the City certified its General Plan EIR on November 13, 2018, and has previously prepared an
Addendum to the General Plan EIR for the 6th Cycle Housing Element Update in January 2022. Michael Baker understands that no rezoning or land use map amendment would occur as part of this project. Thus, an Addendum to the General Plan EIR would be prepared to demonstrate that the 7th Cycle Housing Element would not result in any physical change to the environment and would not result in any new environmental impacts or increase the severity of any environmental impacts previously evaluated in the General Plan EIR.

This scope of work assumes that any future consistency
rezoning or land use map amendments necessary to meet the City’s RHNA obligations would be evaluated under a separate CEQA clearance document.

Task 7.1 CEQA Project Description
Michael Baker will obtain and review available referenced data for the project, including the 2022 Addendum to the General Plan EIR for the 6th Cycle Housing Element Update, planning and policy documentation from the City, as well as other local, state, and federal agencies that may be affected by the project. 469
CITY OF FONTANA THE GENERAL PLAN HOUSING ELEMENT UPDATE, PL-26-175-SP APPENDIX – SCOPE OF SERVICES

This information will become part of the environmental
documentation’s foundation and will be reviewed and
incorporated into the analysis, as appropriate. Upon
completion of Michael Baker’s research and investigation, a draft project description will be prepared for review and comment by City Staff. After receiving comments and making the appropriate changes, we will submit a revised version of the project description, which will be the basis for the project’s environmental analysis.

Task Deliverables:
✓ Draft Project Description in Microsoft Word Format
✓ Final Project Description in Microsoft Word and PDF
Format
Task 7.2 Administrative Draft Addendum
Per CEQA Guidelines Section 15162, when an EIR has been adopted or certified for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following:

1. Substantial changes are proposed in the project
which will require major revisions of the previous
EIR … due to the involvement of new significant
environmental effects or a substantial increase in
the severity of previously identified significant
effects

2. Substantial changes occur with respect to the
circumstances under which the project is
undertaken which will require major revisions of
the previous EIR … due to the involvement of
new significant environmental effects or a
substantial increase in the severity of previously
identified significant effects; or

3. New information of substantial importance,
which was not known and could not have been
known with the exercise of reasonable diligence
at the time the previous EIR was certified as
complete … shows any of the following:
a. The project will have one or more
significant effects not discussed in the
previous EIR;
b. Significant effects previously examined
will be substantially more severe than
shown in the previous EIR;
c. Mitigation measures or alternatives
previously found not to be feasible
would in fact be feasible, and would
substantially reduce one or more
significant effects of the project, but the
project proponents decline to adopt the
mitigation measure or alternative; or
d. Mitigation measures or alternatives
which are considerably different from
those analyzed in the previous EIR
would substantially reduce one or more
significant effects on the environment,
but the project proponents decline to
adopt the mitigation measure or
alternative.

So long as none of the above criteria are triggered, Michael Baker will prepare the Administrative Draft Addendum in accordance with CEQA Guidelines Section 15164 to determine if any of the above criteria are met. If such criteria are not met, the Addendum, along with the certified General Plan EIR, will constitute the CEQA document for the project. If any of the above criteria are met and a supplemental EIR or other
environmental compliance document is required, Michael
Baker will work with the City to develop the appropriate scope of work for such documentation. The Administrative Draft Addendum document will generally be comprised of the
following sections:
• Overview. This section will provide an overview of
the environmental review and approval required for
the proposed project.
• Purpose of the Addendum. This section will discuss
CEQA compliance and background and history. This
section will summarize impacts and mitigation
measures that were previously identified, as well as
the criteria that must be met in order to qualify as an Addendum to the General Plan EIR.
• Project Description. This section will detail the
project location and project description and key
differences between the project as evaluated under
the General Plan EIR and under present conditions.
• Environmental Analysis. This section will provide an
analysis of the potential environmental
consequences anticipated to occur as a result of the
proposed project in comparison to those identified in
the General Plan EIR generally following the CEQA
Guidelines Appendix G Environmental Checklist. The
Environmental Analysis will provide written
responses to each question on the Environmental
Checklist that: 1) summarize the conclusions of the
General Plan EIR; 2) identify any previous mitigation
measures that are applicable to the revised project;
and 3) provide findings related to the criteria in CEQA Guidelines Section 15164 to determine when the
proposed project would qualify for an Addendum.

Task Deliverables:
✓ Electronic copy of the Administrative Draft Addendum and Appendices (Microsoft Word and PDF)
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CITY OF FONTANA THE GENERAL PLAN HOUSING ELEMENT UPDATE, PL-26-175-SP APPENDIX – SCOPE OF SERVICES

Task 7.3 Screencheck Draft Addendum
Michael Baker will respond to one consolidated set of City comments on the Administrative Draft Addendum and will
provide a Screencheck Draft Addendum in Microsoft Word and PDF format. This task assumes that no substantive changes to the Project Description will be raised.

Task Deliverables:
✓ Electronic copy of the Screencheck Draft Addendum and Appendices (Microsoft Word and PDF)
Task 7.4 Final Addendum and NOD
Michael Baker will respond to a review of the Screencheck Draft Addendum by City staff and will prepare the Final Addendum in electronic format (Microsoft Word and PDF).

Michael Baker will also assist the City in preparing a draft Notice of Determination (NOD) should the City Council decide to approve the project. This scope of work assumes the City will file the NOD with the County Clerk (including payment of any associated filing fees) and Michael Baker will upload the County Clerk-filed NOD to CEQANet.

Task Deliverables:
✓ Electronic copy of the Final Addendum and Appendices
(Microsoft Word and PDF)
✓ Electronic copy of the NOD (PDF)
Task 8 – Tribal Consultation and SB 18 and AB 52 Support Task 8.1: Tribal Consultation Assistance
Michael Baker will assist the City with any required tribal consultation per the requirements of SB 18 and AB 52,
including the preparation of a letter for placement onto City letterhead to the Native American Heritage Commission
(NAHC) for a tribal contact list, and letters to each of the tribes inquiring whether they desire consultation. This scope
assumes the City will perform all required mailings.

Task Deliverable:
✓ Draft letter to NAHC
✓ Draft letter to identified tribes
✓ Written results of consultations
Task 9 – Housing Element Preparation
Task 9.1 Administrative Draft Chapters
Michael Baker will prepare an administrative draft of the Housing Element update. Individual draft chapters are
proposed to be submitted as they are completed to facilitate and expedite City staff review.

Task 9.1.1 Housing Needs Analysis (VTA)
VTA will draft the needs analysis pursuant to Government Code Section 65583 with data from the US Census data, American Community Survey, and other relevant sources. VTA will
coordinate with City staff to evaluate housing conditions using State-approved criteria. The housing needs assessment will contain the following topics to satisfy Government Code Section 65583(a) requirements:
• Demographics, income, and employment trends
• Household characteristics
• Housing stock characteristics
• At-risk housing analysis; analysis of special housing needs
Task 9.1.2 Affirmatively Furthering Fair Housing (AFFH) Michael Baker will prepare and incorporate a chapter for the AFFH analysis. The new chapter will be prepared pursuant to HCD’s guidelines and requirements as well as based on Michael Baker’s understanding and experience in drafting 6th Cycle AFFH chapters. The federal AFFH rule requires a jurisdiction to take “deliberate action to explicitly address, combat, and relieve disparities resulting from past and current patterns of segregation to foster more inclusive communities.” AB 686 extended this AFFH requirement to cities and counties in California. Cities must incorporate fair housing issues, analysis, goals, and actions when updating their Housing Elements. As such, we will prepare an analysis of fair housing issues, identify contributing factors, develop goals and actions, and review prior goals and actions. Fair housing issues to be assessed include review of fair housing enforcement and capacity, segregation and integration, racially/ethnically concentrated areas of poverty, access to opportunity, and disproportionate housing needs and displacement risk. Analysis will consider local and regional patterns and trends, and local data and knowledge gathered from effective community engagement.

Michael Baker has worked closely with HCD to fulfill the new and extensive AFFH guidance and HCD requirements. The goal setting process requires extensive input from City staff and stakeholders/community to provide local knowledge and
explanations of the contributing factors for various fair housing issues and require a commitment to development of new goals or programs to directly address and resolve fair housing issues.

The programs will require clear, measurable, and enforceable outcomes, geographic specificity, and timelines.

Please note that certification of the Housing Element will depend on HCD’s determination as to whether the programs will achieve significant and meaningful results. Michael Baker will prepare draft goals for review by the City and
community/stakeholders; however, City staff and
community/stakeholders will need to commit to and provide input on the specific resources, outcomes, and timelines for achieving these goals. With the community engagement
process suggested above, Michael Baker will assist the City and its community/stakeholders to be informed, prepared, and 471
CITY OF FONTANA THE GENERAL PLAN HOUSING ELEMENT UPDATE, PL-26-175-SP APPENDIX – SCOPE OF SERVICES

ultimately successful in taking meaningful action to further fair housing in its community.

Task 9.1.3 Sites Inventory and Analysis of Resources
Using the 6th Cycle sites inventory as a starting point and work with the City to determine which sites are still viable RHNA sites based on new state law requirements. With the recent court case against the City of Redondo Beach, there are restrictions to including sites in overlay zones towards meeting lower income RHNA requirements. We will evaluate the sites identified in the R4 overlay for continued effectiveness. We will identify new sites and reevaluate sites identified from the 6th Cycle Housing Element Inventory. As part of the site selection process, we will consider the General Plan policies and land use density range, zoning, available infrastructure, and
opportunities within approved specific plans. We will
formulate General Plan and zoning strategies that will address additional housing unit capacity. This task also assumes a high level of collaboration with City staff to identify and evaluate individual sites and essential development criteria and likelihood based on local knowledge, such as ownership status and interest, tenant status, stability and turnover, and particular opportunities and constraints.

We will prepare an inventory, map, and analysis illustrating the City’s capacity to accommodate the 7th Cycle RHNA. In keeping with state law, we will document the realistic development capacity of each site (or typology) based on local development trends and/or proposed programs and prepare a map showing all identified sites. We recommend safe and defensible
assumptions to facilitate HCD approval and to avoid and minimize the no-net-loss risks.

We will prepare an evaluation of the sites to determine how they affirmatively further fair housing and work with City staff to determine if the sites identified in the inventory are located throughout the community in a manner that has the ability to affirmatively further fair housing.

We will complete an analysis of non-vacant sites to address a portion of the RHNA. As part of this task, we will analyze the realistic development potential within the planning period by considering the extent that a non-vacant site’s existing use impedes additional residential development, the jurisdiction’s past experience converting existing uses to higher-density residential development, and market trends and conditions.

We will analyze the local housing trends to establish site potential estimates. Anticipated and actual project densities will be used to project and substantiate assumed future development yields of proposed RHNA sites. This task assumes that City staff will provide data to allow a comparison of the maximum zoning density to the actual project yield, including percentage and types of affordable units from development projects built, approved, or under review during the 6th Cycle period.

With supporting GIS data provided by the City, we will work to determine if parcels included in the sites inventory have sufficient access to water, sewer, and dry utilities and adequate capacity to support housing development. This task assumes that City staff will review existing General Plan programs or other mandatory programs or plans to secure sufficient water, sewer, and dry utilities supply and identify any potential limitations or constraints and improvements necessary to support housing development on the site. This task does not include technical studies or evaluation.

If rezoning is necessary to meet the RHNA obligations, we will work with City staff to identify potential areas for rezoning to maintain an adequate housing sites inventory throughout the eight-year planning period.

Task 9.1.4 Electronic Sites Inventory Form
Pursuant to Senate Bill 6, Michael Baker will prepare and submit an electronic copy of the final sites inventory using HCD-approved Excel spreadsheets upon adoption of the
Housing Element.

Task 9.1.5 Analysis of Constraints on Housing
We will identify potential governmental and nongovernmental constraints to housing production, including environmental and infrastructural constraints. This analysis must contain a review of factors that may potentially constrain the
development, improvement, and preservation of housing in Fontana. Factors to be reviewed include market,
governmental, environmental, and infrastructural constraints.

New housing laws require the assessment of nongovernmental constraints, including NIMBYism, lending practices, shortage of labor, and other economic factors. We will also review City processes for streamlining and compliance with new state laws, such as SB 684 and SB 1123.

Task 9.1.6 Housing Goals, Policies, and Programs
Based upon the analyses and research conducted in the
previous tasks, we will update the goals, policies, and quantified objectives section of the Housing Element (the Housing Plan). For each program included in the Housing Plan, we will work collaboratively with the City to establish the time frame for implementation, specific objectives, funding sources, and responsible agencies. The programs will satisfy the requirements of Government Code Sections 65583(b) and (c).

Programs will describe specific steps for implementation and will identify a time frame and responsible department.

Timelines will be carefully reviewed to ensure that they are achievable. Programs will address:
• All new state requirements since adoption of the
2021-2029 Housing Element.
• Consistency and compliance with the rest of the
General Plan elements and community goals.
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CITY OF FONTANA THE GENERAL PLAN HOUSING ELEMENT UPDATE, PL-26-175-SP APPENDIX – SCOPE OF SERVICES

• Provision of adequate housing sites and infrastructure to meet the fair share of the regional housing need.
• Assistance in the development of affordable housing.
• Promotion of the development of accessory dwelling
units.
• Preservation and improvement of existing affordable
housing.
• Mitigation of any governmental constraints to
providing and improving housing.
• Special housing needs for the elderly, persons with
disabilities, extremely low-income residents, persons
experiencing homelessness, and other special needs.
• Affirmatively furthering fair housing.

Task 9.1.7 Review of Past Accomplishments
Based on the review of the 6th Cycle Housing Element
completed in Task 3.1, Michael Baker will utilize the resulting matrix evaluating the effectiveness of the 6th Cycle Housing Element to draft the Review of Past Accomplishments chapter of the Housing Element. The matrix includes the review of housing program accomplishments including status,
evaluation of implementation and effectiveness, and whether the prior housing programs will be retained, modified, deleted, or amended with new programs will be included in the
Chapter.

This chapter will also evaluate the effectiveness at serving special needs populations through existing programming in the City and County.

Task Deliverable:
✓ Administrative drafts of the Needs Analysis, AFFH, Sites Analysis, Constraints Analysis, Programs, and Review of Past Accomplishments Chapters
✓ Electronic Sites Inventory
✓ Matrix of selected opportunity sites and analysis
✓ Map of selected RHNA sites
Task 9.2 Screencheck and Public Review Drafts
Upon receipt of a comprehensive set of staff review comments and requested changes on the administrative draft chapters, Michael Baker will prepare a complete screencheck review draft Housing Element for staff review and comment.

Following staff review of the screencheck draft, Michael Baker will prepare a public review draft for publication. The public review draft will be published and circulated for public review and comment for at least 30 days, followed by a 14-day review and response period prior to submittal to HCD for their initial 90-day compliance review.

Task Deliverable:
✓ Screencheck draft of Housing Element (Word and PDF)
✓ Public review draft of Housing Element (Word and PDF) Task 9.3 HCD Review Draft
Following public review, Michael Baker will compile and respond to all public comments during the required 14-day period, as necessary. The Housing Element will be updated and submitted to HCD for its initial 90-day compliance review.

Michael Baker will work closely with HCD and City staff; coordinate conference calls; and address public review
comments, preliminary HCD review comments on the draft
Housing Element during the 90-day review period (if provided), and the HCD review letter.

We will leverage our working relationship with HCD to request an informal mid-cycle review if possible, to expedite the approval of the Housing Element. A response to comments matrix will be prepared in response to any received HCD informal reviews documenting all changes made to address the comment letter. A revised draft with tracked changes and highlights will be provided. All subsequent public review drafts will be posted for a seven-day public review period.

The goal is to achieve a Finding of Substantial Compliance for the draft Housing Element before proceeding to adoption and, if possible, in one review cycle. In this manner, the City Council can adopt the Housing Element with the revisions identified by HCD to obtain certification.

Task Deliverable:
✓ Initial HCD review draft including revisions in response to public comment
✓ 1 revised draft in response to mid-review HCD comments, including a response to comments matrix
Task 9.4 Final Housing Element
We have proposed a time and materials budget for preparation of the final draft Housing Element. This budget includes preparation of second and third (if required) public and HCD review drafts to address a second and third (if required) round of public review comments and the HCD compliance review letter. This will also include preparation of the final clean draft Housing Element for the Planning Commission and City Council adoption hearings.

Michael Baker will respond to HCD comments and incorporate informal technical comments and revisions from HCD. A
response to comments matrix will be prepared in response to any received HCD letters documenting all changes made to address the comment letter. A revised draft with tracked changes and highlights will be provided. All subsequent public review drafts will be posted for a seven-day public review period followed by a 60-day review by HCD. This task assumes the HCD letter will be of typical length and estimates a total of 224 staff hours. If additional hours are needed, we will seek City authorization.
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CITY OF FONTANA THE GENERAL PLAN HOUSING ELEMENT UPDATE, PL-26-175-SP APPENDIX – SCOPE OF SERVICES

Task Deliverable:
✓ Revised redlined Housing Element versions and Response to HCD Comment Matrices
✓ Final Housing Element for adoption (Word and PDF)
Task 10 – Liaison for HCD Certification
Task 10.1 HCD Coordination and Meetings
Michael Baker and VTA will act as liaisons to HCD for state certification, using our existing relationships with HCD and deep understanding and experience in working through the review process. We will encourage HCD to provide technical support and comment during each review period in order to expedite certification.

We will schedule, support, and attend meetings with HCD and incorporate any requests or comments as applicable.

Task Deliverable:
✓ Submittal of Housing Element drafts to HCD pursuant to Tasks 9.3 and 9.4
✓ Coordination of communication with HCD
✓ Revised redlined Housing Element versions and Response to HCD Comment Matrices pursuant to Task 9.4
✓ Agendas and notes for any meetings with HCD
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We Make A Difference
3536 Concours, Suite 100
Ontario, CA 91764
909-974-4900 | www.MBAKERINTL.com
475

COST PROPOSAL
PL 26-175-SP
General Plan Housing Element Update
April 30, 2026

SUBMITTED TO SUBMITTED BY
ATTACHMENT NO. 2
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CITY OF FONTANA HOUSING ELEMENT UPDATE
The following Work Breakdown Schedule provides the relevant staff rates, anticipated hours per staff per task, and total project costs including cost per staff person, task, and subtask. Michael Baker proposes to complete the scope of work according to the cost schedule shown below. We reserve the right to transfer hours between staff and tasks within the total project budget. Written authorization from the City is required prior to any use of budget from unused tasks, or to exceed the total project not-to-exceed cost. 477
LOS ANGELES COUNTY PUBLIC WORKS ▬ ENVIRONMENTAL SERVICES - TASK ORDER NUMBER EP24-006

We Make A Difference
3536 Concours, Suite 100
Ontario, CA 91764
909-974-4900 | www.MBAKERINTL.com
478
Firms
Michael Baker
Ontario, CA
Kimley Horn
Orange, CA
Dyett & Bhatia
Oakland, CA
Willdan
Anaheim, CA
Mintier Harnish
Sacramento, CA
4Leaf
Newport Beach, CA
Precision Civil
Fresno, CA
Quality Construction
San Bernardino
81%
84%
79%
65%
65%
55%
13%
General Plan Housing Element Update
Evaluation Ranking
Ranking
PL-26-175-SP
86%
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City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1263 Agenda Date: 10/13/2026
Agenda #: M. Category: Consent Calendar
FROM:

Police Department
SUBJECT:
2025 Edward Bryne Memorial Justice Assistance Grant (JAG) RECOMMENDATION:

1. Approve the Interlocal Agreement with the Cities of Adelanto, Apple Valley, Barstow, Chino, Colton, Fontana, Hesperia, Highland, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, Victorville, Yucaipa, Yucca Valley and the County of San Bernardino, concerning distribution of the 2025 Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $45,601.

2. Authorize the City Manager or his designee to sign the Interlocal Agreement on behalf of the City of Fontana for the 2025 Justice Assistance Grant and any other documents and/or amendments required to comply with this grant award.

COUNCIL GOALS:
· Improve public safety by increasing operational efficiency, visibility and availability. · Practice sound fiscal management by pursing grant opportunities.

DISCUSSION:

The City of Fontana, as well as other cities in the County of San Bernardino will be the recipients of JAG Funds for 2025. The County of San Bernardino serves as the grant administrator on behalf of all cities in the County. As a result, an Interlocal Agreement must be signed by all cities and the county. Each city will sign a separate agreement as the timeline set by the Federal government to receive these funds will not permit one agreement to be circulated and signed by every city in the county.

The Fontana Police Department plans to utilize 2025 JAG Grant funds to purchase mobile ticket writer technology to reduce time spent on data entry. Due to available supplies and time constraints, if items are unavailable, funds will be reallocated to other identified priority law enforcement equipment.

Indicated in the JAG 2025 Allocations chart, the City of Fontana is eligible to receive $45,601. The County will retain a 5% administration fee in the amount of $2,280, and therefore the City of Fontana will receive $ $43,321.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is an increase in both grant revenue and City of Fontana Page 1 of 2 Printed on 10/7/2026
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File #: 26-1263 Agenda Date: 10/13/2026
Agenda #: M. Category: Consent Calendar
The fiscal impact associated with the approval of this item is an increase in both grant revenue and appropriations of $43,321 and is not included in the current 2026-27 budget. The required budget adjustments will be included in the first quarter budget status report in Grant Fund #301, Project #40200011-301-A.

MOTION:

Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 10/7/2026
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Jurisdiction Allocation 5% Admin Fee Award
San Bernardino County $ 128,720 $ (6,436) $ 122,284
Adelanto $ 21,445 $ (1,072) $ 20,373
Apple Valley $ 28,762 $ (1,438) $ 27,324
Barstow $ 18,399 $ (920) $ 17,479
Chino $ 22,357 $ (1,118) $ 21,239
Colton $ 16,216 $ (811) $ 15,405
Fontana $ 45,601 $ (2,280) $ 43,321
Hesperia $ 38,861 $ (1,943) $ 36,918
Highland $ 27,754 $ (1,388) $ 26,366
Montclair $ 18,975 $ (949) $ 18,026
Ontario $ 45,169 $ (2,258) $ 42,911
Rancho Cucamonga $ 40,828 $ (2,041) $ 38,787
Redlands $ 17,103 $ (855) $ 16,248
Rialto $ 38,381 $ (1,919) $ 36,462
San Bernardino $ 192,480 $ (9,624) $ 182,856
Upland $ 17,415 $ (871) $ 16,544
Victorville $ 80,648 $ (4,032) $ 76,616
Yucaipa $ 13,025 $ (651) $ 12,374
Yucca Valley $ 10,891 $ (545) $ 10,346
Total $ 823,030 $ (41,152) $ 781,879
JAG 2025 Allocations
482
San Bernardino County
385 North Arrowhead Avenue
San Bernardino, CA 92415-0120
Law and Justice Group
909-387-5005
Grant
Sub-Award
PAGE 1 OFϯϬ
AWARD NUMBER: 15PBJA-25-GG-03553-JAGX
SUB-AWARD NUMBER: 15PBJA-23-GG-03189-JAGX-Fontana
AWARD DATE 7/31/2026
PREVIOUS AWARD AMOUNT $0
AMOUNT OF THIS AWARD $43,321
TOTAL SUB-AWARD $43,321
__________________________________________________ __________________________________________________

DATE DATE
__________________________________________________ __________________________________________________

SIGNATURE OF APPROVING OFFICIAL SIGNATURE OF AUTHORIZED SUBRECIPIENT OFFICIAL Brent Martin, Chair
San Bernardino County Law and Justice Group

GRANTEE APPROVAL SUBRECIPIENT ACCEPTANCE

TYPED NAME AND TITLE OF APPROVING OFFICIAL TYPED NAME AND TITLE OF AUTHORIZED SUBRECIPIENT Matthew Ballantyne, City Manager
City of Fontana
Title I of Public Law 90-351 (generally codified at 34 U.S.C. 10101-10726), including subpart 1 of part E (codified at 34 U.S.C. 10151-10158); see also 28 U.S.C. 530C(a)
CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number)

16.738 - Edward Byrne Memorial Justice Assistance Grant Program

SPECIAL CONDITIONS

THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S), WHICH INCLUDE THE AWARD CONDITIONS (PAGES ϮͲϮϲ), AND THE SUBRECIPIENT MONITORING PROCEDURES FOR THE COUNTY OF SAN BERNARDINO LAW AND JUSTICE GROUP (PAGES ϮϳͲϯϬ).

STATUTORY AUTHORITY FOR GRANT

PROJECT TITLE
San Bernardino County and Disparate Jurisdictions 2025 Justice Assistance Grant Projects
SUBRECIPIENT UEI NO.

WLF8LH1TH3P8
SUBRECIPIENT IRS/VENDOR NO. PROJECT PERIOD: FROM 10/01/2024 TO 09/30/2028 95-6004770 BUDGET PERIOD: FROM 10/01/2024 TO 09/30/2028 City of Fontana
8353 Sierra Avenue
Fontana, CA 92335-3534
SUBRECIPIENT NAME AND ADDRESS (Including Zip Code)
1 483
Compliance with general appropriations-law restrictions on the use of federal funds (FY 2025)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions that may be set out in applicable appropriations acts are indicated at
https://ojp.gov/funding/Explore/FY25AppropriationsRestrictions.htm, and are incorporated by reference here.

Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.

Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38.

Among other things, 28 C.F.R. Part 38 states that recipients may not use direct Federal financial assistance from the Department of Justice to support or engage in any explicitly religious activities except when consistent with the Establishment Clause of the First Amendment to the U.S. Constitution and any other applicable requirements. An organization receiving Federal financial assistance also may not, in providing services funded by the Department of Justice or in outreach activities related to such services, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations. In addition, Part 38 states that a faithbased organization that participates in a Department of Justice funded program retains its independence from the Government and may continue to carry out its mission consistent with religious freedom and conscience protections in Federal law.

Recipients and subrecipients that provide social services under this award must give written notice to beneficiaries and prospective beneficiaries prior to the provision of services (if practicable) which shall include language substantially similar to the language in 28 CFR Part 38, Appendix C, sections (1) through (4). A sample written notice may be found at https://www.ojp.gov/program/civil-rights-office/partnerships-faith-based-andother-neighborhood-organizations.

In certain instances, a faith-based or religious organization may be able to take religion into account when making hiring decisions, provided it satisfies certain requirements. For more information, see “Nondiscrimination provisions and the Religious Freedom Restoration Act,” accessible at https://www.ojp.gov/funding/explore/legaloverview2025/civilrightsrequirements. 1 2
3 8/4/26, 10:13 AM Funded Award FAW-191077
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!STANDARD 2 484
Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient.

The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here.

All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract").

The details of the requirement for authorization of any subaward are posted on the OJP website at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here.

Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold, as set forth in the Federal Acquisition Regulations (FAR). See the definition of simplified acquisition threshold in the FAR at 48 CFR part 2, subpart 2.1. This condition applies to agreements that - - for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward).

The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP website at
https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed Simplified Acquisition Threshold)), and are incorporated by reference here.

Federal Civil Rights and Nondiscrimination Laws (certification) The recipient agrees that its compliance with all applicable Federal civil rights 4 5
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and nondiscrimination laws is material to the government's decision to make this award and any payment thereunder, including for purposes of the False Claims Act (31 U.S.C. 3729-3730 and 3801-3812), and, by accepting this award, certifies that it does not operate any programs (including any such programs having components relating to diversity, equity, and inclusion) that violate any applicable Federal civil rights or nondiscrimination laws.

Requirements of the award; remedies for non-compliance or for materially false statements
The conditions of this award are material requirements of the award.

Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award.

Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that a legal notice regarding award requirements is necessary or that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such notice or exception regarding enforcement, including any such notice or exception made during the period of performance, is (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by reference into the award.

By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance.

Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate.

Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).

Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award.

Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or 7 8
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OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards.

Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements"), including, without limitation, the provisions regarding termination in 2 C.F.R. 200.340, apply to this award from OJP.

For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.

Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.334.

In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification.

Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct.

Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contactgrants.htm (select "Submit Report Online"); (2) mail directed to: U.S.

Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Fraud Detection Office, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax).

Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.
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Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements.

Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.

Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide").

Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.

Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide.

Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including 28 C.F.R. § 42.106(d), 28 C.F.R. § 42.405(c), and 28 C.F.R. § 42.505(f), which 11 12
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contain notice requirements that covered recipients must follow regarding the dissemination of information regarding federal nondiscrimination requirements.

Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age.

The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status.

The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition:

Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here.

Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ
If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at
[email protected]. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.

Employment eligibility verification for hiring under the award

1. The recipient (and any subrecipient at any tier) must-- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1).

B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both-- (1) this award requirement for verification of employment eligibility, and 16 17
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(2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens.

C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1).

D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings.

2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.

3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.

4. Rules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds.

B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds.

C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.

D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.

E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1).

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about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email EVerify at [email protected]. E-Verify employer agents can email E-Verify at E[email protected].

Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.

Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers.

Reclassification of various statutory provisions to a new Title 34 of the United States Code
On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code.

Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S.

Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements.

Restrictions and certifications regarding non-disclosure agreements and related matters
No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information.

The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information.

1. In accepting this award, the recipient--
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agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and
b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.

2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both--
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.

OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://www.ojp.gov/funding/implement/training-guiding-principlesgrantees-and-subgrantees.

Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the 22 23
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potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding.

Required training for Grant Award Administrator and Financial Manager The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2022, will satisfy this condition.

In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after the date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful completion of such a training on or after January 1, 2022, will satisfy this condition.

A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://onlinegfmt.training.ojp.gov/. All trainings that satisfy this condition include a session on grant fraud prevention and detection.

The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award.

Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees)
The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant.

The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712.

Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.

Potential imposition of additional requirements
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imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high-risk" for purposes of the DOJ high-risk grantee list.

Requirement to report actual or imminent breach of personally identifiable information (PII)
The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17- 12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach.

Requirements related to System for Award Management and Universal Identifier Requirements
The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/.

This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM.

The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration.

The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at
https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here.

This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).

Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the 27 28
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awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations.

Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.

Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." Among other items, 28 C.F.R. § 54.140 contains notice requirements that covered recipients must follow regarding the dissemination of information regarding federal nondiscrimination requirements.

The recipient understands that, in accepting this award, the Authorized Representative declares and certifies, among other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of performance under this award.

The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority.

Verification and updating of recipient contact information The recipient must verify its Grant Award Administrator, Financial Manager, and Authorized Representative contact information in JustGrants, including telephone number and e-mail address. If any information is incorrect or has changed, the award recipient’s Entity Administrator must make changes to contact information through DIAMD. Instructions on how to update contact information in JustGrants can be found at
https://justicegrants.usdoj.gov/training/training-entity-management.

FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $30,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are set forth in 2 C.F.R. part 170, Appendix A (“Award Term”) and are incorporated by reference here.
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This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or nonprofit organization that he or she may own or operate in his or her name).

Note: In early March 2025, the reporting system that had been used for subaward reporting, the FFATA (Federal Funding Accountability and Transparency Act) Subaward Reporting System (FSRS) was retired and functionality moved to SAM.gov. For more information, including steps on how to connect your FSRS account to SAM.gov, visit https://sam.gov/fsrs.

The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to cooperate with BJA and OCFO on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this award.

Further, the recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents. Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to grant funds; referral to the Office of the Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s).

Any publication (e.g., curricula, training materials, publications, reports, videos, or any other written, web-based, or audio-visual, or other materials) funded in whole or in part under this award, (with the exception of press releases, websites, and mobile applications), shall contain the following statement: “This project was supported by Grant No. <Award_Number> awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice.

Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice."
Any website or mobile application that is funded in whole or in part under this award must include the following statement where most practicable: "This website [or application] was supported by Grant No. <Award_Number> awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S.

Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website [or application] (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of the foregoing statement must be clearly visible. The statement may also be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement.

Upon specific request by BJA, the recipient must submit to BJA for review and approval (or, for recipients or subrecipients that are institutions of higher education, review and comment) any publication or product developed under this award at least 30 working days prior to the targeted dissemination date.

The current edition of the DOJ Grants Financial Guide provides additional guidance on allowable printing and publication activities. 34 35
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Confidentiality of data
The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23 for any applicable project.

The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project.

Protection of human research subjects
The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.

Compliance with 28 C.F.R. Part 23
With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d).

The recipient may not satisfy such a fine with federal funds.

Justice Information Sharing
Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https://bja.ojp.gov/program/it/gsp-grant-condition. The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended.

Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems that involve interstate 37 38
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connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system.

Law enforcement task forces - required training
Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online task force training.

Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement.

The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates.

Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org).

Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to determine if any of the following activities will be funded by the grant prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA, and follow instructions regarding NEPA compliance.

The activities covered by this condition are:
a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments;
e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of 42 43
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clandestine methamphetamine laboratories; and
f. Any extraordinary or unusual project with potential to have a significant environmental impact.

The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA.

The recipient shall ensure that each DNA analysis conducted under this award will be performed either (1) by accredited government-owned laboratories, or (2) through an accredited fee-for-service vendor. The accreditation must be by an accrediting body that is a signatory to an internationally recognized arrangement and that offers accreditation to forensic science conformity assessment bodies using an accreditation standard that is recognized by that internationally recognized arrangement. Any laboratory conducting STR, YSTR, or mitochondrial DNA testing undergo external audits not less than once every 2 years that demonstrate compliance with the DNA Quality Assurance Standards established by the Director of the Federal Bureau of Investigation.

If award funds are used for DNA testing of evidentiary materials, recipients shall ensure that any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS, and, where applicable, uploaded to the National DNA Index System (NDIS). Award funds may be used for forensic genetic genealogy in accordance with United States Department of Justice Interim Policy Forensic Genealogical DNA Analysis and Searching and program requirements. With the exception of Forensic Genetic Genealogy, no profiles generated under this award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. Booking agencies should work with their state CODIS agency to ensure all requirements are met for participation in Rapid DNA (see National Rapid DNA Booking Operational Procedures Manual).

The recipient shall ensure that each DNA analysis conducted and each DNA profile generated under this award, and each stored DNA sample that results from this award, are maintained in accordance with any applicable federal privacy requirements and restrictions on disclosure.

Recipients utilizing award funds for forensic genealogy testing must adhere to the United States Department of Justice Interim Policy Forensic Genealogical DNA Analysis and Searching
(https://www.justice.gov/olp/page/file/1204386/download), and must collect and report the metrics identified in Section IX of that document to BJA.

Establishment of trust fund
If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(11)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the 44 45
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scope of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout.

As of the first day of the period of performance for the award, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via an Award Condition Modification (ACM)). (A withholding condition is a condition in the award document that precludes the recipient from expending or drawing down all or a portion of the award funds until the condition is removed.) Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at-risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through an Award Condition Modification (ACM), the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at-risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award.

Submission of eligible records relevant to the National Instant Background Check System
Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICS-relevant "eligible records".

In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition.

Compliance with trauma kit standards
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the performance standards established consistent with 34 U.S.C. § 10202(d), as such standards are in effect at the time of purchase.

Initial period of performance; requests for extension.

The recipient understands that for award amounts of less than $25,000 under JAG, the initial period of performance of the award will be less than four years.

The recipient further understands that any requests for an extension of the period of performance for an award of less than $25,000 will be approved automatically for up to a total period of performance of four years, pursuant to 34 U.S.C. 10152(f) and in accordance with the Notice of Funding Opportunity (NOFO) associated with this award.

Any request for an extension of the period of performance beyond a four-year award period will require approval, and the approval (if any) will be at the discretion of OJP.

Noninterference (with award funds and within the funded "program or activity") with federal law enforcement: No public disclosure of certain law-enforcementsensitive information SCOPE. This condition applies throughout the entire award period of performance. Its provisions must be among those included in any subaward (at any tier).

1. No use of funds to interfere: No public disclosure of federal law-enforcement information in order to conceal, harbor, or shield.

Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (including 8 U.S.C. 1324 and 18 U.S.C. chs. 1, 49, 227), no State or local government entity, agency, or official (including a government-contracted correctional facility) may use funds under this award to make any public disclosure of any federal law-enforcement information in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive from justice under 18 U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 U.S.C. ch. 12— without regard to whether such disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a).

2. Noninterference: No public disclosure of federal law-enforcement information in order to conceal, harbor, or shield within the funded “program or activity.”
With respect to the "program or activity" funded in whole or part under this award (including any such program or activity of any subrecipient at any tier), and consistent with federal law as cited in para. 1 of this condition, no State or local government entity, agency, or official (including a government-contracted correctional facility) within the funded program or activity may make any public disclosure of any federal law-enforcement information in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive from justice under 18 U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 U.S.C. ch. 12—without regard to whether such disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a).

3. Monitoring. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.

4. Allowable costs. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition.

5. Rules of construction.
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A. For purposes of this condition—
(1) the term "alien" means what it means under section 101 of the Immigration and Nationality Act (see 8 U.S.C. 1101(a)(3));
(2) the term "federal law-enforcement information" means law-enforcementsensitive information communicated or made available, by the federal government, to a State or local government entity, agency, or official, through any means, including, without limitation—
(a) through any database,
(b) in connection with any law enforcement partnership or task-force, (c) in connection with any request for law enforcement assistance or - cooperation, or
(d) through any deconfliction (or courtesy) notice of planned, imminent, commencing, continuing, or impending federal law enforcement activity; (3) the term "law-enforcement-sensitive information" means records or information compiled for any law-enforcement purpose; and (4) the term "public disclosure" means any communication or release other than one—
(a) within the recipient, or
(b) to any subrecipient (at any tier) that is a government entity.

B. This condition shall be enforceable to the extent that it does not otherwise contravene any express requirement of any federal law, or of any judicial ruling, governing or applicable to the award.

C. The "Rules of Construction" set out in the "Noninterference (with award funds and within the funded "program or activity") with federal law enforcement: information-communication restrictions; ongoing compliance" award condition are incorporated by reference as though set forth here in full.

Noninterference (with award funds and within the funded "program or activity") with federal law enforcement: information-communication restrictions SCOPE. This condition applies throughout the entire award period of performance. Its provisions must be among those included in any subaward (at any tier).

1. Throughout the entire award period of performance, no State or local government entity, -agency, or -official may use funds under this award (including under any subaward, at any tier) to prohibit or in any way restrict— (1) any government entity or -official from sending or receiving information regarding citizenship or immigration status to or from DHS; or (2) a government entity or agency from sending, requesting or receiving, or exchanging information regarding immigration status to, from, or with DHS, or from maintaining such information.

Any prohibition (or restriction) that violates this condition is an "informationcommunication restriction" under this award.

2. With respect to the "program or activity" funded in whole or part under this award (including any such program or activity of any subrecipient at any tier), throughout the entire award period of performance, no State or local government entity, agency, or official may implement an “informationcommunication restriction.”

3. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition.

4. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State or local government incurs to implement this condition.

5. Rules of Construction.

A. For purposes of this condition:
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but not any public institution of higher education or Indian tribe. (2) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a).
(3) "Immigration status" means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644; and terms that are defined in 8 U.S.C. 1101 mean what they mean under that section 1101, except that "State" also includes American Samoa.
(4) “DHS” means the U.S. Department of Homeland Security.

B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, or any other entity (or individual) to violate any federal law, including any applicable civil rights or nondiscrimination law.

C. This condition shall be enforceable to the extent that it does not otherwise contravene any express requirement of any federal law, or of any judicial ruling, governing or applicable to the award.

Noninterference (with award funds and within the funded "program or activity") with federal law enforcement: Notice of scheduled release SCOPE. This condition applies throughout the entire award period of performance. Its provisions must be among those included in any subaward at any tier.

1. No use of funds to interfere with "removal" process: Notice of scheduled release date and time.

Consonant with federal law enforcement statutes—including 8 U.S.C. 1231 (for an alien incarcerated by a State or local government, a 90-day "removal period" during which the federal government "shall" detain and then "shall" remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement"; also, the federal government is expressly authorized to make payments to a "State or a political subdivision of the State ... with respect to the incarceration of [an] undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall take into custody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual report to Congress on "the number of illegal alien[ felons] in Federal and State prisons" and programs underway "to ensure the prompt removal" from the U.S. of removable "criminal aliens")—no State or local government entity, agency, or official (including a government-contracted correctional facility) may use funds under this award to interfere with the "removal" process by failing to provide (as early as practicable (see para. 5.B. below)) advance notice to DHS of the scheduled release date and time for a particular alien, if a State or local government (or government-contracted) correctional facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice.

2. Noninterference with "removal" process: Notice of scheduled release date and time within the funded “program or activity.”
With respect to the "program or activity" funded in whole or part under this award (including any such program or activity of any subrecipient at any tier), and consonant with federal law enforcement statutes as cited in para. 1 of this condition, no State or local government entity, agency, or official (including a government-contracted correctional facility) within the funded program or activity may interfere with the "removal" process by failing to provide (as early as practicable (see para. 4.B. below)) advance notice to DHS of the scheduled release date and time for a particular alien, if a State or local government (or government-contracted) correctional facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice.

3. Monitoring. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.

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necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition.

5. Rules of construction
A. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, or any other entity or individual to maintain (or detain) any individual in custody beyond the date and time the individual otherwise would have been released.

B. Applicability.
(1) Current DHS practice is ordinarily to request advance notice of scheduled release "as early as practicable (at least 48 hours, if possible)." (See DHS Form I-247A (3/17)). If (e.g., in light of the date DHS made such request) the scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested, it shall NOT be a violation of this condition to provide only as much advance notice as, in fact, practicable. (2) Current DHS practice is to use the same form for a second, distinct purpose—to request that an individual be detained for up to 48 hours AFTER the scheduled release. This condition does NOT encompass such DHS requests for detention.

C. This condition shall be enforceable to the extent that it does not otherwise contravene any express requirement of any federal law, or of any judicial ruling, governing or applicable to the award.

D. The "Rules of Construction" set out in the "Noninterference (with award funds and within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens" award condition are incorporated by reference as though set forth here in full.

Noninterference (with award funds and within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens SCOPE. This condition applies throughout the entire award period of performance. Its provisions must be among those included in any subaward (at any tier).

1. No use of funds to interfere with statutory law enforcement access to correctional facilities.

Consonant with federal law enforcement statutes and regulations—including 8 U.S.C. 1357(a) (under which certain federal officers and employees "have power without warrant ... to interrogate any alien or person believed to be an alien as to his right to be or to remain” in the United States), and 8 C.F.R. 287.5(a) (under which that power may be exercised "anywhere in or outside” the United States)—no State or local government entity, agency, or official within the funded program or activity may use funds under this award to interfere with the exercise of that power to interrogate "without warrant" (by agents of the United States acting under color of federal law) by impeding access to any State or local government (or government-contracted) correctional facility by such agents for the purpose of "interrogat[ing] any alien or person believed to be an alien as to his [or her] right to be or to remain in the United States."

2. Noninterference with statutory law enforcement access to correctional facilities within the funded “program or activity.”
With respect to the "program or activity" funded in whole or part under this award (including any such program or activity of any subrecipient at any tier), and consonant with federal law enforcement statutes and regulations as cited in para. 1 of this condition, no State or local government entity, agency, or official within the funded program or activity may interfere with the exercise of that power to interrogate "without warrant" (by agents of the United States acting under color of federal law) by impeding access to any State or local government (or government-contracted) correctional facility by such agents for the purpose of "interrogat[ing] any alien or person believed to be an alien as to his [or her] right to be or to remain in the United States." 54 8/4/26, 10:13 AM Funded Award FAW-191077
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3. Monitoring. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.

4. Allowable costs. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition.

5. Rules of construction
A. For purposes of this condition:
(1) The term "alien" means what it means under sec. 101 of the Immigration and Nationality Act (INA) (8 U.S.C. 1101(a)(3)), except that, with respect to a juvenile offender, it means “criminal alien.”
(2) The term “juvenile offender” means what it means under 28 C.F.R.

31.304(f) (as in effect on Jan. 1, 2026.)
(3) The term "criminal alien" means, with respect to a juvenile offender, an alien who is deportable on the basis of—
(a) conviction described in 8 U.S.C. 1227(a)(2), or
(b) conduct described in 8 U.S.C. 1227(a)(4).
(4) The term "conviction" means what it means under 8 U.S.C. 1101(a)(48). (Adjudication of a juvenile as having committed an offense does not constitute "conviction" for purposes of this condition.)
(5) The term "correctional facility" means what it means under 34 U.S.C. 10251(a)(7)) as of Jan. 1, 2026.
(6) The term "impede" includes taking or continuing any action, or implementing or maintaining any law, policy, rule, or practice, that— (a) is designed to prevent or to significantly delay or complicate, or (b) has the effect of preventing or of significantly delaying or complicating. (7) "State" and "local government" include any agency or other entity thereof, but not any public institution of higher education or Indian tribe. (8) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a).

B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, or any other entity (or individual) to violate any federal law, including any applicable civil rights or nondiscrimination law.

C. This condition shall be enforceable to the extent that it does not otherwise contravene any express requirement of any federal law, or of any judicial ruling, governing or applicable to the award.

The recipient understands and agrees that no award funds may be used for any expenses related to public awareness campaigns for an extreme risk protection program.

Extreme risk protection order (ERPO) programs funded under this award must include, at a minimum: pre-deprivation and post-deprivation due process rights that prevent any violation or infringement of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive or procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). Such programs must include, at the appropriate phase to prevent any violation of constitutional rights, at minimum, notice, the right to an in-person hearing, an unbiased adjudicator, the right to know opposing evidence, the right to present evidence, and the right to confront adverse witnesses; the right to be represented by counsel at no expense to the government; pre-deprivation and post-deprivation heightened evidentiary standards and proof which mean not less than the protections 55 56
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afforded to a similarly situated litigant in Federal court or promulgated by the State's evidentiary body, and sufficient to ensure the full protections of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive and procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). The heightened evidentiary standards and proof under such programs must, at all appropriate phases to prevent any violation of any constitutional right, at minimum, prevent reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on inadmissible hearsay, unreliable, vague, speculative, and lacking a foundation; and penalties for abuse of the program.

Recipients who plan to use funding to support ERPO programs must submit a Certification Relating to Pub. L. No. 90-351, Title I, Sec. 501(a)(1)(I)(iv), signed by the principal legal officer, certifying that the ERPO program to be funded satisfies each of the listed requirements prior to the use of award funds for ERPO programs. Funds proposed for ERPO programs may be withheld, pending confirmation of compliance with the terms of this award.

No funds may be used for C-UAS except with express prior approval from BJA. To request such approval, the recipient (or subrecipient, at any tier) must submit to BJA a written certification that, among other things, certifies that any C-UAS purchased with award funds will only be procured and used in compliance with all applicable federal, state, and local laws and regulations, including criminal, surveillance, aviation, and communications laws. Any CUAS purchased with award funds will be included on the list of technologies established by subsection (d)(2)(A)(iii) section 210G of the Homeland Security Act of 2002 (6 U.S.C. 124n(d)(2)(A)(iii)) to exercise the authority granted under subsection (a)(2) of such section. The certification also requires that the award recipient consult qualified legal counsel to review the proposed purchase and operation of C-UAS, and that the recipient will complete required trainings and obtain all required approvals, certifications, licenses, and authorizations prior to deployment, and will coordinate with relevant authorities as required. The recipient (or subrecipient) also must assure BJA that it has sufficient policies and procedures regarding privacy, civil liberties, and information technology cybersecurity related to the operation of the C-UAS. Finally, the recipient (or subrecipient) may be required to provide additional documentation to verify purchase and the related policies for the C-UAS. Funds proposed for the purchase of C-UAS may be withheld, pending confirmation of compliance with the terms of this award. Additional information and the required certification form may be found here: https://bja.ojp.gov/funding/uas.

Expenditures prohibited without waiver
No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order. Funds proposed for the purchase of prohibited items may be withheld, pending confirmation of compliance with the terms of this award.

No funds may be used for UAS except with express prior approval from BJA.

To request such approval, the recipient (or subrecipient, at any tier) must submit to BJA a written certification that, among other things, certifies that only 57 58
59 8/4/26, 10:13 AM Funded Award FAW-191077
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!STANDARD 24 506
UAS verified by the Defense Contract Monitoring Agency's “Blue UAS Cleared List” or any successor list (available at https://bluelist.appsplatformportals.us/) as not manufactured by a “covered foreign entity” may be purchased or operated under the federal award and, further, that no modifications or additional accessories may be introduced to the UAS funded by the award.

The purchased UAS may not be used to process, store, or transmit Federal information. The recipient (or subrecipient) also must assure BJA that it has sufficient policies and procedures regarding privacy, civil liberties, and information technology cybersecurity related to the operation of the UAS.

Finally, the recipient (or subrecipient) may be required to provide additional documentation to verify purchase and the related policies for the UAS. Funds proposed for the purchase of UAS may be withheld, pending confirmation of compliance with the terms of this award. Additional information and the required certification form may be found here: https://bja.ojp.gov/funding/uas.

In accepting this award, the recipient agrees not to use award funds for purchases of body-worn cameras (BWCs) or related expenses for any agency unless that agency has submitted a certification to BJA that it has policies and procedures in place that reinforce appropriate agency Use of Force policies and training and address technology usage, evidence acquisition, data storage and retention, as well as privacy issues, accountability and discipline.

The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for BWCs or related expenses. Funds proposed for the purchase of BWCs or related expenses may be withheld, pending confirmation of compliance with the terms of this award.

Certification of body armor "mandatory wear" policies, and compliance with NIJ standards
If the recipient uses funds under this award to purchase body armor, the recipient must submit a signed certification that each law enforcement agency receiving body armor purchased with funds from this award has a written "mandatory wear" policy in effect. The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for ballistic-resistant and stab-resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from this award may be used by an agency for body armor. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. Funds proposed for the purchase of body armor may be withheld, pending confirmation of compliance with the terms of this award.

Ballistic-resistant and stab-resistant body armor purchased with award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice (NIJ) ballistic or stab standards, and is listed on the NIJ Compliant Body Armor Model List. In addition, ballisticresistant and stab-resistant body armor purchased must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information and the NIJ Compliant Body Armor List may be found by following the links located on the NIJ Body Armor page: https://nij.ojp.gov/topics/equipment-andtechnology/body-armor 60 61
62 8/4/26, 10:13 AM Funded Award FAW-191077
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!STANDARD 25 507
Withholding of funds for Memorandum of Understanding
The recipient may not expend or draw down any award funds until BJA has reviewed and approved the required Memorandum of Understanding (MOU), and an Award Condition Modification (ACM) has been issued to remove this condition.

Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and administrative proceedings to SAM and FAPIIS
The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with (or connected to the performance of) either this OJP award or any other grant, cooperative agreement, or procurement contract from the federal government. Under certain circumstances, recipients of OJP awards are required to report information about such proceedings, through the federal System for Award Management (known as "SAM"), to the designated federal integrity and performance system (currently, "FAPIIS").

The details of recipient obligations regarding the required reporting (and updating) of information on certain civil, criminal, and administrative proceedings to the federal designated integrity and performance system (currently, "FAPIIS") within SAM are posted on the OJP website at https://ojp.gov/funding/FAPIIS.htm (Award condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here.
63 8/4/26, 10:13 AM Funded Award FAW-191077
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!STANDARD 26 508
 
^ƵďƌĞĐŝƉŝĞŶƚDŽŶŝƚŽƌŝŶŐWƌŽĐĞĚƵƌĞƐ
ŽƵŶƚLJŽĨ^ĂŶĞƌŶĂƌĚŝŶŽ
>ĂǁĂŶĚ:ƵƐƚŝĐĞ'ƌŽƵƉ
'ƌĂŶƚǁĂƌĚͬ^ƵďͲǁĂƌĚWƌŽĐĞƐƐ
tŚĞŶ ƚŚĞ >ĂǁĂŶĚ :ƵƐƚŝĐĞ'ƌŽƵƉ ;>Θ:'Ϳ ŚĂƐ ďĞĞŶ ŶŽƚŝĨŝĞĚ ƚŚĂƚŝƚ ŚĂƐ ďĞĞŶĂǁĂƌĚĞĚĂŐƌĂŶƚ͕Ă ŽĂƌĚ ŐĞŶĚĂ/ƚĞŵƚŽĂĐĐĞƉƚƚŚĞŐƌĂŶƚǁŝůůďĞƉƌĞƉĂƌĞĚĂŶĚƐƵďŵŝƚƚĞĚƚŽƚŚĞŽĂƌĚŽĨ^ƵƉĞƌǀŝƐŽƌƐ;K^ͿĨŽƌ ĂƉƉƌŽǀĂů͘tŚĞƌĞƚŚĞƌĞŝƐĂƐƵďͲĂǁĂƌĚƚŽďĞŐƌĂŶƚĞĚ͕Ă^ƵďͲǁĂƌĚŐƌĞĞŵĞŶƚǁŝůůďĞƉƌĞƉĂƌĞĚďLJƚŚĞ >Θ:' ;ƌĞĐŝƉŝĞŶƚͿĂŶĚĂƉƉƌŽǀĞĚďLJƚŚĞK^ĂŶĚƚŚĞƐƵďƌĞĐŝƉŝĞŶƚ͘dŚĞĂƉƉƌŽƉƌŝĂƚĞŽĨĨŝĐŝĂůƐǁŝůůƐŝŐŶƚŚĞ ƐƵďͲĂǁĂƌĚ ĚŽĐƵŵĞŶƚƐ͘  dŚĞ ^ƵďͲǁĂƌĚ ŐƌĞĞŵĞŶƚ ǁŝůů ŝĚĞŶƚŝĨLJ ƚŚĞ ĨĞĚĞƌĂů ĂǁĂƌĚ ŝŶĨŽƌŵĂƚŝŽŶ ĂŶĚ ĂƉƉůŝĐĂďůĞĐŽŵƉůŝĂŶĐĞƌĞƋƵŝƌĞŵĞŶƚƐ͕ŝŶĐůƵĚŝŶŐĂƉƉůŝĐĂďůĞƐƉĞĐŝĂůĐŽŶĚŝƚŝŽŶƐĨŽƌĞĂĐŚĨĞĚĞƌĂůƐƵďͲĂǁĂƌĚ͘ dŚĞ^ƵďͲǁĂƌĚŐƌĞĞŵĞŶƚǁŝůůŝŶĐůƵĚĞƚŚĞ'ƌĂŶƚǁĂƌĚEƵŵďĞƌ͕ǁĂƌĚĂƚĞ͕ƐƐŝƐƚĂŶĐĞ>ŝƐƚŝŶŐEƵŵďĞƌ ;>EͿŶƵŵďĞƌ͕WƌŽũĞĐƚdŝƚůĞ͕WƌŽũĞĐƚWĞƌŝŽĚ͕ǁĂƌĚŵŽƵŶƚ͕ĂŶĚĂůůĂƉƉůŝĐĂďůĞ^ƉĞĐŝĂůŽŶĚŝƚŝŽŶƐĨŽƌƚŚĞ ƐƵďͲĂǁĂƌĚ͘dŚĞ>Θ:'͛Ɛ^ƵďƌĞĐŝƉŝĞŶƚDŽŶŝƚŽƌŝŶŐWƌŽĐĞĚƵƌĞƐǁŝůůďĞŝŶĐůƵĚĞĚŝŶƚŚĞ^ƵďͲǁĂƌĚŐƌĞĞŵĞŶƚ͘ 'ƌĂŶƚZĞǀĞŶƵĞ
tŚĞŶŶŽƚŝĨŝĞĚƚŚĂƚĂŐƌĂŶƚĂǁĂƌĚŚĂƐďĞĞŶŵĂĚĞ͕ƚŚĞ'ƌĂŶƚŽŽƌĚŝŶĂƚŽƌƌĞƋƵĞƐƚƐĂďƵĚŐĞƚĐŽĚĞĨŽƌƚŚĞ ŐƌĂŶƚĂǁĂƌĚĨƌŽŵƚŚĞƵĚŝƚŽƌͲŽŶƚƌŽůůĞƌͬdƌĞĂƐƵƌĞƌͬdĂdžŽůůĞĐƚŽƌ;dͿ͕ĂŶĚƐƵďŵŝƚƐĂƉƉƌŽƉƌŝĂƚĞďƵĚŐĞƚ ĚŽĐƵŵĞŶƚƐĨŽƌƚŚĞŽĂƌĚŽĨ^ƵƉĞƌǀŝƐŽƌƐĂƉƉƌŽǀĂů͘KŶĐĞƚŚĞďƵĚŐĞƚŝƐĞƐƚĂďůŝƐŚĞĚ͕ƚŚĞ'ƌĂŶƚŽŽƌĚŝŶĂƚŽƌ ǁŝůůĂĚŵŝŶŝƐƚĞƌŐƌĂŶƚĨƵŶĚƐŝŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚƚŚĞƌĞƋƵŝƌĞŵĞŶƚƐŽĨƚŚĞĂǁĂƌĚŝŶŐĂŐĞŶĐLJ͘'ƌĂŶƚĨƵŶĚƐǁŝůů ďĞ ƌĞƋƵĞƐƚĞĚ ƚŚƌŽƵŐŚ ƚŚĞ ĂǁĂƌĚŝŶŐ ĂŐĞŶĐLJ͛Ɛ ĚĞƐŝŐŶĂƚĞĚ ƉƌŽĐĞƐƐ ďĂƐĞĚ ŽŶ ĂůůŽǁĂďůĞ ĞdžƉĞŶĚŝƚƵƌĞƐ ŝŶĐƵƌƌĞĚĂŶĚƐƵƉƉŽƌƚĞĚďLJĂƉƉƌŽƉƌŝĂƚĞĚŽĐƵŵĞŶƚĂƚŝŽŶ͘ƌĂǁĚŽǁŶƌĞƋƵĞƐƚƐǁŝůůďĞĐŽŵƉůĞƚĞĚǁŝƚŚŝŶƚŚĞ ƚŝŵĞĨƌĂŵĞƐƐƉĞĐŝĨŝĞĚďLJƚŚĞĂǁĂƌĚŝŶŐĂŐĞŶĐLJ͘
dŚĞ'ƌĂŶƚ ŽŽƌĚŝŶĂƚŽƌŵĂŝŶƚĂŝŶƐĂ ƌĞĐŽƌĚŽĨŐƌĂŶƚ ƌĞǀĞŶƵĞƐ ƌĞƋƵĞƐƚĞĚĂŶĚ ƌĞĐĞŝǀĞĚ͕ ƌĞĐŽŶĐŝůĞƐŐƌĂŶƚ ƌĞĐĞŝƉƚƐƚŽĞdžƉĞŶĚŝƚƵƌĞƐ͕ĂŶĚĞŶƐƵƌĞƐƚŚĂƚŐƌĂŶƚĨƵŶĚƐĂƌĞĂĚŵŝŶŝƐƚĞƌĞĚŝŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚƚŚĞĂƉƉƌŽǀĞĚ ŐƌĂŶƚďƵĚŐĞƚ͕ĂǁĂƌĚĐŽŶĚŝƚŝŽŶƐ͕ĂŶĚĂƉƉůŝĐĂďůĞĨĞĚĞƌĂůƌĞƋƵŝƌĞŵĞŶƚƐ͘͘ ŝƐďƵƌƐĞŵĞŶƚŽĨ&ƵŶĚƐƚŽ^ƵďƌĞĐŝƉŝĞŶƚƐ
^ƵďƌĞĐŝƉŝĞŶƚƐǁŝůůďĞƌĞŝŵďƵƌƐĞĚĨŽƌĞůŝŐŝďůĞĞdžƉĞŶĚŝƚƵƌĞƐŝŶĐƵƌƌĞĚŝŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚƚŚĞĂƉƉƌŽǀĞĚ^ƵďͲ ǁĂƌĚ ŐƌĞĞŵĞŶƚ͘ ^ƵďƌĞĐŝƉŝĞŶƚƐ ƐŚĂůů ƐƵďŵŝƚ ƌĞŝŵďƵƌƐĞŵĞŶƚ ƌĞƋƵĞƐƚƐ ƚŽ ƚŚĞ >Θ:' ǁŝƚŚ ƐƵĨĨŝĐŝĞŶƚ ƐƵƉƉŽƌƚŝŶŐĚŽĐƵŵĞŶƚĂƚŝŽŶ ƚŽĚĞŵŽŶƐƚƌĂƚĞ ƚŚĂƚĞdžƉĞŶĚŝƚƵƌĞƐĂƌĞĂůůŽǁĂďůĞ͕ƌĞĂƐŽŶĂďůĞ͕ĂůůŽĐĂďůĞ͕ĂŶĚ ŝŶĐƵƌƌĞĚǁŝƚŚŝŶƚŚĞĂƉƉƌŽǀĞĚƉƌŽũĞĐƚƉĞƌŝŽĚ͘
dŚĞ 'ƌĂŶƚ ŽŽƌĚŝŶĂƚŽƌ ǁŝůů ƌĞǀŝĞǁ ƌĞŝŵďƵƌƐĞŵĞŶƚ ƌĞƋƵĞƐƚƐ ĂŶĚ ƐƵƉƉŽƌƚŝŶŐ ĚŽĐƵŵĞŶƚĂƚŝŽŶ ƚŽ ǀĞƌŝĨLJ ĐŽŵƉůŝĂŶĐĞǁŝƚŚƚŚĞĨĞĚĞƌĂůĂǁĂƌĚƌĞƋƵŝƌĞŵĞŶƚƐ͕ĂƉƉůŝĐĂďůĞ:'ŐƵŝĚĞůŝŶĞƐ͕ĂƉƉƌŽǀĞĚƉƌŽũĞĐƚƐĐŽƉĞ͕ĂŶĚ ĂƉƉƌŽǀĞĚďƵĚŐĞƚƉƌŝŽƌƚŽƌĞŝŵďƵƌƐĞŵĞŶƚ͘dŚĞ'ƌĂŶƚŽŽƌĚŝŶĂƚŽƌŵĂLJƌĞƋƵĞƐƚĂĚĚŝƚŝŽŶĂůĚŽĐƵŵĞŶƚĂƚŝŽŶ ŽƌĐůĂƌŝĨŝĐĂƚŝŽŶĨƌŽŵƚŚĞƐƵďƌĞĐŝƉŝĞŶƚƉƌŝŽƌƚŽĂƉƉƌŽǀĂů͘ hƉŽŶ ĂƉƉƌŽǀĂů ŽĨ ƚŚĞ ƌĞŝŵďƵƌƐĞŵĞŶƚ ƌĞƋƵĞƐƚ͕ ƚŚĞ 'ƌĂŶƚ ŽŽƌĚŝŶĂƚŽƌ ǁŝůů ƉƌŽĐĞƐƐ ƚŚĞ ƉĂLJŵĞŶƚ ĚŽĐƵŵĞŶƚĂƚŝŽŶĂŶĚĐŽŽƌĚŝŶĂƚĞƌĞŝŵďƵƌƐĞŵĞŶƚƚŽƚŚĞƐƵďƌĞĐŝƉŝĞŶƚ͘dŚĞƵĚŝƚŽƌͲŽŶƚƌŽůůĞƌͬdƌĞĂƐƵƌĞƌͬdĂdž ŽůůĞĐƚŽƌ;dͿǁŝůůƉƌŽĐĞƐƐĂƉƉƌŽǀĞĚƉĂLJŵĞŶƚƐ͘
27 509
 
dŽŶŽƚŝĨLJƐƵďƌĞĐŝƉŝĞŶƚƐŽĨƚŚĞĨĞĚĞƌĂůĂǁĂƌĚŶƵŵďĞƌ͕ƐƐŝƐƚĂŶĐĞ>ŝƐƚŝŶŐEƵŵďĞƌ͕ĂŶĚĂŵŽƵŶƚŽĨĨĞĚĞƌĂů ĨƵŶĚƐƉƌŽǀŝĚĞĚĂƚƚŚĞƚŝŵĞŽĨƌĞŝŵďƵƌƐĞŵĞŶƚ͕ƚŚĞĨŽůůŽǁŝŶŐƐƚĞƉƐǁŝůůďĞĨŽůůŽǁĞĚ͗ x WĂLJŵĞŶƚĚŽĐƵŵĞŶƚƐǁŝůů ƌĞĨĞƌĞŶĐĞ ƚŚĞ ĨĞĚĞƌĂůĂǁĂƌĚŶƵŵďĞƌ͕ƐƐŝƐƚĂŶĐĞ>ŝƐƚŝŶŐEƵŵďĞƌ͕ĂŶĚ ĂŵŽƵŶƚŽĨĨĞĚĞƌĂůĨƵŶĚƐƌĞŝŵďƵƌƐĞĚ͘
x ŽƌƌĞƐƉŽŶĚĞŶĐĞ ƉƌŽǀŝĚĞĚ ǁŝƚŚ ƌĞŝŵďƵƌƐĞŵĞŶƚ ƉĂLJŵĞŶƚƐ ǁŝůů ŝĚĞŶƚŝĨLJ ƚŚĞ ĂƉƉůŝĐĂďůĞ ĨĞĚĞƌĂů ĂǁĂƌĚŝŶĨŽƌŵĂƚŝŽŶĂŶĚĂŶLJƌĞƋƵŝƌĞĚĐŽŵƉůŝĂŶĐĞŝŶĨŽƌŵĂƚŝŽŶ͘ ^ƵďƌĞĐŝƉŝĞŶƚDŽŶŝƚŽƌŝŶŐZĞƋƵŝƌĞŵĞŶƚ
^ƵďͲĂǁĂƌĚƐǁŝůůďĞŵŽŶŝƚŽƌĞĚŝŶĂĐĐŽƌĚĂŶĐĞǁŝƚŚĂůůĂƉƉůŝĐĂďůĞƐƚĂƚƵƚĞƐ͕ƌĞŐƵůĂƚŝŽŶƐ͕ƚŚĞhŶŝĨŽƌŵ'ƌĂŶƚ 'ƵŝĚĂŶĐĞ͕KDŝƌĐƵůĂƌƐ͕ĂŶĚŐƵŝĚĞůŝŶĞƐ͕ŝŶĐůƵĚŝŶŐƚŚĞKĨĨŝĐĞŽĨ:ƵƐƚŝĐĞWƌŽŐƌĂŵƐ&ŝŶĂŶĐŝĂů'ƵŝĚĞ͘dŚĞ ƌĞĐŝƉŝĞŶƚǁŝůůŝŶĐůƵĚĞƚŚĞĂƉƉůŝĐĂďůĞĐŽŶĚŝƚŝŽŶƐŽĨƚŚŝƐĂǁĂƌĚŝŶĂŶLJƐƵďͲĂǁĂƌĚ͘dŚĞƌĞĐŝƉŝĞŶƚŝƐƌĞƐƉŽŶƐŝďůĞ ĨŽƌƚŚĞĨŽůůŽǁŝŶŐ͗
x
ŶƐƵƌĞƚŚĂƚĞǀĞƌLJƐƵďͲĂǁĂƌĚŝƐĐůĞĂƌůLJŝĚĞŶƚŝĨŝĞĚƚŽƚŚĞƐƵďƌĞĐŝƉŝĞŶƚĂƐĂƐƵďͲĂǁĂƌĚĂŶĚŝŶĐůƵĚĞƐ ĂƉƉůŝĐĂďůĞĐŽŶĚŝƚŝŽŶƐŽĨƚŚĞĨĞĚĞƌĂůĂǁĂƌĚ͘
x
ǀĂůƵĂƚĞ ĞĂĐŚ ƐƵďƌĞĐŝƉŝĞŶƚ͛Ɛ ƌŝƐŬ ŽĨ ŶŽŶĐŽŵƉůŝĂŶĐĞ ǁŝƚŚ ĨĞĚĞƌĂů ƐƚĂƚƵƚĞƐ͕ ƌĞŐƵůĂƚŝŽŶƐ ĂŶĚ ƚŚĞ ƚĞƌŵƐĂŶĚĐŽŶĚŝƚŝŽŶƐŽĨƚŚĞƐƵďͲĂǁĂƌĚĨŽƌƉƵƌƉŽƐĞƐŽĨĚĞƚĞƌŵŝŶŝŶŐƚŚĞĂƉƉƌŽƉƌŝĂƚĞƐƵďƌĞĐŝƉŝĞŶƚ ŵŽŶŝƚŽƌŝŶŐƉƌŽĐĞĚƵƌĞƐ͘
x KǀĞƌƐŝŐŚƚ ŽĨ ƐƵďƌĞĐŝƉŝĞŶƚ ƐƉĞŶĚŝŶŐ ƚŚƌŽƵŐŚ ƌĞǀŝĞǁ ŽĨ ƌĞŝŵďƵƌƐĞŵĞŶƚ ƌĞƋƵĞƐƚƐ͕ ƐƵƉƉŽƌƚŝŶŐ ĚŽĐƵŵĞŶƚĂƚŝŽŶ͕ ĂŶĚ ŵŽŶŝƚŽƌŝŶŐ ŽĨ ƐƉĞĐŝĨŝĐ ŽƵƚĐŽŵĞƐ ĂŶĚ ďĞŶĞĨŝƚƐ ĂƚƚƌŝďƵƚĂďůĞ ƚŽ ƚŚĞ ƵƐĞ ŽĨ ĨƵŶĚƐ͘
x ZĞǀŝĞǁ ƌĞŝŵďƵƌƐĞŵĞŶƚ ĚŽĐƵŵĞŶƚĂƚŝŽŶ ƚŽǀĞƌŝĨLJĞdžƉĞŶĚŝƚƵƌĞƐĂƌĞĂůůŽǁĂďůĞ ƵŶĚĞƌ ƚŚĞ ĨĞĚĞƌĂů ĂǁĂƌĚ͕ ĐŽŶƐŝƐƚĞŶƚ ǁŝƚŚ ƚŚĞ ĂƉƉƌŽǀĞĚ ƉƌŽũĞĐƚ ďƵĚŐĞƚ ĂŶĚ ƐĐŽƉĞ ŽĨ ǁŽƌŬ͕ ĂŶĚ ĂĚĞƋƵĂƚĞůLJ ƐƵƉƉŽƌƚĞĚ͘
x ZĞǀŝĞǁĨŝŶĂŶĐŝĂůĂŶĚƉĞƌĨŽƌŵĂŶĐĞƌĞƉŽƌƚƐ͘
x &ŽůůŽǁͲƵƉĂŶĚĞŶƐƵƌĞ ƚŚĂƚ ƐƵďƌĞĐŝƉŝĞŶƚƐ ƚĂŬĞ ƚŝŵĞůLJĂŶĚĂƉƉƌŽƉƌŝĂƚĞĂĐƚŝŽŶŽŶĂůůĚĞĨŝĐŝĞŶĐŝĞƐ ƉĞƌƚĂŝŶŝŶŐ ƚŽ ƚŚĞ ĨĞĚĞƌĂů ĂǁĂƌĚ ƉƌŽǀŝĚĞĚ ƚŽ ƚŚĞ ƐƵďƌĞĐŝƉŝĞŶƚ ĨƌŽŵ ƚŚĞ ƉĂƐƐͲƚŚƌŽƵŐŚ ĞŶƚŝƚLJ ĚĞƚĞĐƚĞĚƚŚƌŽƵŐŚĂƵĚŝƚƐ͕ŽŶͲƐŝƚĞŵŽŶŝƚŽƌŝŶŐǀŝƐŝƚƐ͕ĂŶĚŽƚŚĞƌŵĞĂŶƐ͘ x /ƐƐƵĞĂŵĂŶĂŐĞŵĞŶƚĚĞĐŝƐŝŽŶĨŽƌĂƵĚŝƚĨŝŶĚŝŶŐƐƉĞƌƚĂŝŶŝŶŐƚŽƚŚĞĨĞĚĞƌĂůĂǁĂƌĚƉƌŽǀŝĚĞĚƚŽƚŚĞ ƐƵďƌĞĐŝƉŝĞŶƚĨƌŽŵƚŚĞƉĂƐƐͲƚŚƌŽƵŐŚĞŶƚŝƚLJĂƐƌĞƋƵŝƌĞĚďLJϮ&ZϮϬϬ͘ϱϮϭDĂŶĂŐĞŵĞŶƚĞĐŝƐŝŽŶ͘ x sĞƌŝĨLJƚŚĂƚĞǀĞƌLJƐƵďƌĞĐŝƉŝĞŶƚǁŚŽŝƐĞdžƉĞĐƚĞĚƚŽĞdžƉĞŶĚΨϳϱϬ͕ϬϬϬŽƌŵŽƌĞŝƐĂƵĚŝƚĞĚĂƐƌĞƋƵŝƌĞĚ ďLJϮ&ZϮϬϬ^ƵďƉĂƌƚ&ƵĚŝƚZĞƋƵŝƌĞŵĞŶƚƐ͘
x ŽŶƐŝĚĞƌ ǁŚĞƚŚĞƌ ƚŚĞ ƌĞƐƵůƚƐ ŽĨ ƚŚĞ ƐƵďƌĞĐŝƉŝĞŶƚ͛Ɛ ĂƵĚŝƚƐ͕ ŽŶͲƐŝƚĞ ŵŽŶŝƚŽƌŝŶŐ ǀŝƐŝƚƐ Žƌ ŽƚŚĞƌ ŵŽŶŝƚŽƌŝŶŐ ŝŶĚŝĐĂƚĞ ĐŽŶĚŝƚŝŽŶƐ ƚŚĂƚ ŶĞĐĞƐƐŝƚĂƚĞ ĂĚũƵƐƚŵĞŶƚƐ ƚŽƚŚĞ ƉĂƐƐͲƚŚƌŽƵŐŚ ĞŶƚŝƚLJ͛Ɛ ŽǁŶ ƌĞĐŽƌĚƐ͘
x ŽŶƐŝĚĞƌƚĂŬŝŶŐĞŶĨŽƌĐĞŵĞŶƚĂŐĂŝŶƐƚŶŽŶĐŽŵƉůŝĂŶƚƐƵďƌĞĐŝƉŝĞŶƚƐĂƐĚĞƐĐƌŝďĞĚŝŶϮ&ZϮϬϬ͘ϯϯϴ ZĞŵĞĚŝĞƐ͘
^ƵďƌĞĐŝƉŝĞŶƚDŽŶŝƚŽƌŝŶŐWƌŽĐĞƐƐ
KŶͲƐŝƚĞŵŽŶŝƚŽƌŝŶŐŽĨŐƌĂŶƚͲĨƵŶĚĞĚƉƌŽũĞĐƚƐŵĂLJďĞĐŽŶĚƵĐƚĞĚďLJƚŚĞh͘^͘ĞƉĂƌƚŵĞŶƚŽĨ:ƵƐƚŝĐĞŽƌƚŚĞ ŽƵŶƚLJŽĨ^ĂŶĞƌŶĂƌĚŝŶŽ͘ƚƚŚĂƚƚŝŵĞ͕ƚŚĞŝĚĞŶƚŝĨŝĞĚƐƵďƌĞĐŝƉŝĞŶƚĂŐĞŶĐLJǁŝůůďĞƌĞƋƵŝƌĞĚƚŽƉƌŽǀŝĚĞ ĚŽĐƵŵĞŶƚĂƚŝŽŶ ƐƵƉƉŽƌƚŝŶŐ ƌĞŝŵďƵƌƐĞŵĞŶƚ ƌĞƋƵĞƐƚƐ͕ ĞdžƉĞŶĚŝƚƵƌĞƐ͕ ƉĞƌĨŽƌŵĂŶĐĞ ŵĞĂƐƵƌĞƐ͕ ĂŶĚ ĐŽŵƉůŝĂŶĐĞǁŝƚŚĂƉƉůŝĐĂďůĞĨĞĚĞƌĂůƌĞƋƵŝƌĞŵĞŶƚƐ͘ƉŚLJƐŝĐĂůƌĞǀŝĞǁŽĨŝƚĞŵƐĨƵŶĚĞĚƚŚƌŽƵŐŚƚŚĞŐƌĂŶƚ ŵĂLJĂůƐŽďĞƌĞƋƵĞƐƚĞĚ͘
28 510
 
dŽ ĞŶƐƵƌĞ ĨƵůů ĐŽŵƉůŝĂŶĐĞ ǁŝƚŚ ƚŚŝƐ ůĞŐŝƐůĂƚŝǀĞ ŵĂŶĚĂƚĞ͕ Ăůů ŐƌĂŶƚ ƌĞůĂƚĞĚ ĚŽĐƵŵĞŶƚĂƚŝŽŶ ƚŽ ŝŶĐůƵĚĞ ƚŝŵĞƐŚĞĞƚƐ͕ŝŶǀŽŝĐĞƐ͕ƉƵƌĐŚĂƐĞŽƌĚĞƌƐ͕ĐĂŶĐĞůĞĚĐŚĞĐŬƐ͕ĂŶĚĐŽŶƚƌĂĐƚƐŵƵƐƚďĞŵĂŝŶƚĂŝŶĞĚŝŶĂůŽĐĂƚŝŽŶ ĂĐĐĞƐƐŝďůĞƚŽƚŚĞƉĞƌƐŽŶƌĞƐƉŽŶƐŝďůĞĨŽƌŵĂŶĂŐŝŶŐƚŚĞƐƵďͲĂǁĂƌĚ͕ĂŶĚƚŚĞĂŐĞŶĐLJ͛ƐĐŚŝĞĨĞdžĞĐƵƚŝǀĞ͘ /ĨŝƚŝƐĚĞƚĞƌŵŝŶĞĚ ĨƵŶĚƐĂƌĞŶŽƚďĞŝŶŐƵƐĞĚ ĨŽƌĂƉƉƌŽǀĞĚƉƵƌƉŽƐĞƐ͕ŽƌŝĨƉƌŽƉĞƌĚŽĐƵŵĞŶƚĂƚŝŽŶŝƐŶŽƚ ŵĂŝŶƚĂŝŶĞĚ͕ƚŚĞĂŵŽƵŶƚŝŶƋƵĞƐƚŝŽŶŵƵƐƚďĞƌĞƚƵƌŶĞĚƚŽƚŚĞh͘^͘ĞƉĂƌƚŵĞŶƚŽĨ:ƵƐƚŝĐĞ͘dŚĞƐƵďƌĞĐŝƉŝĞŶƚ ĂŐĞŶĐLJŵĂLJĂůƐŽďĞĚĞĞŵĞĚŝŶĞůŝŐŝďůĞĨŽƌĨƵƚƵƌĞĨĞĚĞƌĂůĨƵŶĚŝŶŐ͘ KŶͲ^ŝƚĞDŽŶŝƚŽƌŝŶŐ
dŚĞŽƵŶƚLJŽĨ^ĂŶĞƌŶĂƌĚŝŶŽ>Θ:'ŵĂLJĐŽŶĚƵĐƚŽŶͲƐŝƚĞŵŽŶŝƚŽƌŝŶŐ͘dŚĞŵŽŶŝƚŽƌŝŶŐǁŝůůďĞďĂƐĞĚƵƉŽŶ ƉĞƌĨŽƌŵĂŶĐĞ ĂŶĚ ƌĞƉŽƌƚĞĚ ĞdžƉĞŶĚŝƚƵƌĞ ŽĨ ĨƵŶĚƐ͘  dŚĞ ŵŽŶŝƚŽƌŝŶŐ ǁŝůů ďĞ ďĂƐĞĚ ƵƉŽŶ ƉĞƌĨŽƌŵĂŶĐĞ͕ ƚƌĂĐŬĞĚƚŚƌŽƵŐŚƌĞƉŽƌƚƐĂŶĚƌĞŐƵůĂƌĐŽƌƌĞƐƉŽŶĚĞŶĐĞ͘dŚŝƐŵĞƚŚŽĚǁŝůůĞŶƐƵƌĞƚŚĞƐƵďƌĞĐŝƉŝĞŶƚŝŶŐƌĞĂƚĞƐƚ ŶĞĞĚĨŽƌĂƐƐŝƐƚĂŶĐĞŝŶŵĂŶĂŐŝŶŐƚŚĞŝƌĂǁĂƌĚŝƐƉƌŽǀŝĚĞĚƚŚĞŶĞĐĞƐƐĂƌLJƚŽŽůƐƚŽďĞŝŶĨƵůůĐŽŵƉůŝĂŶĐĞǁŝƚŚ h͘^͘ĞƉĂƌƚŵĞŶƚŽĨ:ƵƐƚŝĐĞƌĞƋƵŝƌĞŵĞŶƚƐ͘
/ĨƐĞůĞĐƚĞĚĨŽƌŵŽŶŝƚŽƌŝŶŐ͕ƚŚĞƐƵďƌĞĐŝƉŝĞŶƚǁŝůůďĞŶŽƚŝĨŝĞĚĂƚůĞĂƐƚϮϬĚĂLJƐƉƌŝŽƌƚŽƚŚĞŵŽŶŝƚŽƌŝŶŐ͘dŚĞ ƐƚĂĨĨ ƉĞƌƐŽŶ ƌĞƐƉŽŶƐŝďůĞ ĨŽƌ ŵĂŶĂŐŝŶŐ ƚŚĞ ƐƵďͲĂǁĂƌĚ͕ ƚŚĞ ƐƚĂĨĨ ƉĞƌƐŽŶ ĂƐƐŝŐŶĞĚ ƚŽ ŵĂŶĂŐŝŶŐ ĨŝƐĐĂů ŽƉĞƌĂƚŝŽŶƐ͕ ƚŚĞ ĐŚŝĞĨ ĞdžĞĐƵƚŝǀĞ ŽĨ ƚŚĞ ƐƵďƌĞĐŝƉŝĞŶƚ ĂŐĞŶĐLJ͕ ĂŶĚ ĂŶLJ ŽƚŚĞƌ ĂƉƉůŝĐĂďůĞ ƉĞƌƐŽŶƐ ĚŝƌĞĐƚůLJ ŝŶǀŽůǀĞĚŝŶƚŚĞŽǀĞƌƐŝŐŚƚŽĨŐƌĂŶƚĨƵŶĚƐǁŝůůďĞĂƐŬĞĚƚŽĂƚƚĞŶĚ͘ƉƉƌŽƉƌŝĂƚĞĚŽĐƵŵĞŶƚĂƚŝŽŶǁŝůůĂůƐŽďĞ ƌĞƋƵĞƐƚĞĚ ĨŽƌ ƌĞǀŝĞǁ͘ ƵƌŝŶŐ ƚŚĞŵŽŶŝƚŽƌŝŶŐ͕ ƚŚĞ ĨŽůůŽǁŝŶŐ ŝƚĞŵƐǁŝůů ďĞ ƌĞǀŝĞǁĞĚ ĂŶĚͬŽƌ ĚŝƐĐƵƐƐĞĚ͗ ŝŶǀŽŝĐĞƐ͕ ƚŝŵĞƐŚĞĞƚƐ͕ ĐĂŶĐĞůĞĚ ĐŚĞĐŬƐ͕ĞƋƵŝƉŵĞŶƚ ƉƵƌĐŚĂƐĞĚ͕ ƉŽůŝĐŝĞƐ ĂŶĚ ƉƌŽĐĞĚƵƌĞƐ͕ ĨŝŶĂŶĐŝĂů ƐƚĂƚƵƐ ƌĞƉŽƌƚƐ͕ƉĞƌĨŽƌŵĂŶĐĞƌĞƉŽƌƚƐĂŶĚŐƌĂŶƚĨŝůĞƐ͘
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ĚĞƋƵĂƚĞĐŽŶƚƌŽůŽĨ ĨƵŶĚƐƌĞĐĞŝǀĞĚƚŽĞŶƐƵƌĞĐŽŵƉůŝĂŶĐĞǁŝƚŚ ĨĞĚĞƌĂůĂŶĚƐƚĂƚĞƌĞŐƵůĂƚŝŽŶƐĂŶĚŐƌĂŶƚ ƐƵďͲĂǁĂƌĚĐŽŶĚŝƚŝŽŶƐǁŝůůďĞĂĐĐŽŵƉůŝƐŚĞĚ͘^ĞƉĂƌĂƚĞƌĞĐŽƌĚƐĂƌĞŵĂŝŶƚĂŝŶĞĚĨŽƌĞĂĐŚƉƌŽũĞĐƚƚŽĂǀŽŝĚ ĐŽŵŵŝŶŐůŝŶŐ ŽĨ ƉƌŽũĞĐƚ ĨƵŶĚƐ ǁŝƚŚ ŽƚŚĞƌ ĨƵŶĚƐ͘ ZĞĐŽƌĚƐ ŵĂŝŶƚĂŝŶĞĚ ƐŚĂůů ŝŶĐůƵĚĞ ƌĞŝŵďƵƌƐĞŵĞŶƚ ƌĞƋƵĞƐƚƐ͕ ƐƵƉƉŽƌƚŝŶŐ ŝŶǀŽŝĐĞƐ ĂŶĚ ĚŽĐƵŵĞŶƚĂƚŝŽŶ͕ ĂƉƉƌŽǀĂůƐ͕ ƉĂLJŵĞŶƚ ƌĞĐŽƌĚƐ͕ ĐŽƌƌĞƐƉŽŶĚĞŶĐĞ͕ ƉĞƌĨŽƌŵĂŶĐĞƌĞƉŽƌƚƐ͕ĂŶĚŽƚŚĞƌĚŽĐƵŵĞŶƚĂƚŝŽŶŶĞĐĞƐƐĂƌLJƚŽĚĞŵŽŶƐƚƌĂƚĞĐŽŵƉůŝĂŶĐĞǁŝƚŚĨĞĚĞƌĂůĂǁĂƌĚ ƌĞƋƵŝƌĞŵĞŶƚƐ͘
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29 511
Subrecipient Audits - Uniform Grant Guidance and 0MB Circular A-133 Compliance Subrecipients are required to comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200 (Uniform Grant Guidance) for federal awards made on or after December 26, 2014, or with the 0MB Circular A-133 for federal awards made prior to December 26, 2014.

A single or program specific audit is required in any year that a government expends $750,000 or more a year in federal awards. Both the Uniform Grant Guidance and the 0MB Circular A-133 require audits to be completed and submitted to the Federal Audit Clearinghouse (FAC) no later than nine (9) months after the close of each fiscal year during the term of each grant award. As a condition of the sub-award agreement, the Law and Justice Group will require the subrecipient to submit a copy of the audit, including any corrective action plan within 30 days from the date of submission to the FAC. The Grant Coordinator will review and ensure that the subrecipient audit reports are received and that all audit findings have been resolved. Failure of the subrecipient to have audits performed as required may result in the withholding of new discretionary awards and/or withholding of funds.

Project Closeout
The Grant Coordinator will schedule, monitor, and ensure timely completion of all required closeout activities and final financial reports in conformance with the guidelines required by the awarding agency.

Inventory Control
Subrecipients will maintain an inventory of equipment purchased with grant funds and submit inventory records to the Grants Coordinator if requested. Records shall be retained for a period of three years from the date of the disposition or replacement or transfer at the discretion of the awarding agency. As equipment or other non-expendable property is purchased and received, it will be permanently marked, a property inventory record completed, and the property inventory record will be made part of the permanent grant sub-award file. Disposition of equipment will be done in accordance with the awarding agency's guidelines.

Retention Period
Project records must be maintained for the required period after the awarding agency determines that the grantee has met all the project requirements and the project has been accepted for closeout. Records will be maintained for a minimum of three years. The three-year retention period starts from the date of the submission of the closure of the single audit report which covers the grant period and lasts until completion of any disputes arising prior to the expiration of the three year period, whichever is later.

APPROVED BY:

Brent Martin, Chair
Law and Justice Group
Date
August 3, 2026

512
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1274 Agenda Date: 10/13/2026
Agenda #: N. Category: Consent Calendar
FROM:

Development Services
SUBJECT:

Approve an increase for Architectural Services to include Dry Utility Coordination and roof design changes for City Owned property located at 8572 Sierra Avenue.

RECOMMENDATION:

1. Approve and Authorize the City Manager, or City Manager’s designee, to increase the Warm Shell Architectural Services by the amount of $39,000.

2. Approve and Authorize the City Manager, or City Manager’s designee, to enter into any future amendments and documents necessary for the architectural services of 8572 Sierra Avenue not to exceed $5,000.

3. Approve the Non-Competitive Proposal Single Source/Sole Source method of the City’s.

Purchasing Policy and Procedure Manual 3.1.5 Non-Competitive Proposal.

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

DISCUSSION:

The project consists of warm shell tenant improvements of City-owned property for 8572 Sierra Ave.

The project will provide infrastructure needed to convert the building into a modern restaurant space.

The following purchase orders and increases have been processed for architectural services provided by Andresen Architecture:
· $45,600 for architectural services and construction documents · $18,000 for the additional scope of work of the Kitchen Plans · $88,500 for Phase II tenant improvements on the second floor The consultant has submitted a proposal to provide:
· $26,500 for the Dry Utility Coordination
· $12,500 to revise the plans for Phase II to include Skylights City of Fontana Page 1 of 2 Printed on 10/7/2026
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File #: 26-1274 Agenda Date: 10/13/2026
Agenda #: N. Category: Consent Calendar
Increasing the fiscal year 2026-2027 Purchase Order by $39,000. The proposed improvements will create an opportunity for a restaurant operator to help expedite the market-driven revitalization of Downtown Fontana. This procurement method is allowed per the City’s Purchasing Policies and Procedures Manual, Section 3.1.5 Non-Competitive Proposal when a follow-on procurement for the continuity of the project where such placement was necessitated by prior procurement decisions.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $39,000 and is included in the project string 37600080-601-A-8113 in Capital Reinvestment Fund 601 and supplemented by grants when possible.

MOTION:

Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 10/7/2026
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October 7th, 2026
City of Fontana
Attn: Phillip Burum, Deputy City Manager
8353 Sierra Avenue
Fontana, CA 92335
Dear Mr. Burum,
Attached please find our proposal for your review. After you review it, please sign a copy and return a complete set back to us along with the retainer payment.

The estimated days scheduled begins upon us receiving both the signed proposal as well as the retainer. Also note that the time given to complete your project is counted as “Working Days” and therefore does not include weekends or holidays.

During this entire process you will be receiving plans from us to review. During that review time, any possible days lost shall be added to the original days scheduled. So your prompt feedback is essential for us to be efficient in completing your project as scheduled.

Your proposal covers all your plans to be completed and ready to submit to the city/county. IT DOES NOT cover the time it takes to have your plans approved. Although we have no control over how long that the cities/counties take to approve your plans, we will try our best to contact them as often as possible to check on your project’s progress and keep you up to date.

If you have any questions, please feel free to contact our office at (909) 355-6688 and ask for Crystal Martinez. Thank you.

Sincerely,
Doug Andresen
Principal Architect
515

PROPOSAL FOR ADDITIONAL ARCHITECTURAL SERVICES
Date: 11 September 2026 Project No.: 23-5101
Project Name: Old Timers Foundation Warm Shell T.I. (Dry Utility Coordination & Skylight) Client: City of Fontana
Contact: Phillip Burum, Deputy City Manager
Site Address: 8572 Sierra Avenue, Fontana, CA 92335 Tel: (909) 350-6727 Mailing Address: 8353 Sierra Avenue, Fontana, CA 92335 Email: [email protected] We appreciate the opportunity to provide you with a proposal for Additional Architectural Services to provide Dry Utility Coordination per the attached proposal from RGI and provide plans Skylight for your project located at the above-mentioned site in Fontana, CA.

PROPOSAL TO INCLUDE THE FOLLOWING SERVICES:

1. Provide Dry Utility Coordination as outlined in the attached proposal from RGI and plans for Skylights.

2. All telephone calls and facsimile transmissions.

SERVICES EXCLUDED: (The following is a list of services and/or information not included but could be provided as additional services).

1. Equipment cut sheets to be provided by client.

2. Photocopies of progress prints and plan check prints will be billed at $4.00 per sheet. Color copies, if available, will be billed on a case-by-case basis.

3. Plans as required to process entitlements/Design Review, Radius Maps & Labels and Attendance to Design Advisory Board (DAB) & Planning Commission Meetings.

4. Construction Documents, Site Plan, Demo Plan, Floor Plan, Kitchen Layout, Finish Floor Plan, Finish Schedules, Exiting Diagram, Reflected Ceiling Plan, Partial Foundation Plan, Roof Plan, Partial Roof Framing Plan, Structural Calcs, Sections, Exterior Elevations, Interior Elevations, Mechanical Plan, Plumbing Plan, Electrical Plans, Title24, Site Upgrades (including ADA), Trash Enclosure, Racking Plans, Equipment Plans, Framing Plans, Electrical Upgrade, Landscape & Irrigation Plans, Retaining/Wall Plan, Septic System Plan, Preliminary Landscape Plan, Civil Engineering, Precise Grading Plan, Street Improvement Plan, Erosion Control Plan, Hydrology Study, Storm Water Pollution Prevention Plan (SWPPP), Water Quality Management Plan (WQMP), Soils Report, Percolation Test, Truss Calculations, Construction Staking, Foundation Verification by Structural Engineer, Foundation Plan Review by Soil’s Engineer, Wall Plan, On-Site & Off Site Utility Plans, Post-Tensioned Slab Design, Processing Variances, Fire Sprinkler Plans, Fire Alarm Plans, Underground Plans, Fire Flow Test, HOA (Home Owner’s Association), Biological Survey, Radiologist Report, Storefront Calcs, Signage, Lumber Lists/Material Take-Offs, Title Reports, Grant Deeds, Structural Observation, if required by Building Department, will be billed at $500.00 per site visit.

5. Calculations and payments of Plan Check Fees, Building Permit Fees, Variance Fees, Notary Fees and City Business License (if required), Utility Coordination (by Owner), Detailed Cost Estimates, and Material Sample Boards.

6. Additional re-design due to owner changes in scope or programming to be billed at $150.00 per hour for Project Manager and $200.00 per hour for Project Architect and $250.00 per hour for Principal Architect.

7. Add or deduct alternates or phasing and Value Engineering.

8. Construction Administration.

9. Electronic Submittal.

PROVISIONS TO AGREEMENT:

1. This agreement shall be binding upon the heirs, executors, administrators, successors and assigns of client and Architect and shall not be assigned by either client or Architect without the written consent of the other.

2. This agreement contains the entire agreement between client and Architect relating to the project and the provision of services to the project. Any prior agreements, promises, negotiations or representations not expressly set forth in this agreement are of no force or effect. Subsequent agreements shall be in writing and signed by both client and Architect. Architect’s or client’s waiver of any term, condition, or covenant, or breach of any term, condition, or covenant, shall not constitute the waiver of any other term, condition, or covenant.

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

4. Client and Architect agree to cooperate with each other in every way on the project.

5. Upon written request, client shall execute and deliver, or cause to be executed and delivered, such additional instruments, documents, governmental fees and charges which are necessary to perform the terms of this agreement. Architect shall only act as an advisor in all governmental relations.

6. Architect makes no representations concerning soil conditions and he is not responsible for any liability that may arise out of the making or failure to make soil surveys, subsurface soil tests, or general soil testing.

7. Architect has a right to complete all services agreed to be rendered pursuant to this contract. In the event this agreement is terminated before the completion of all services, unless Architect is responsible for such early termination, client agrees to release Architect from all liability for work performed. In the event all or a portion of the work prepared or partially prepared by Architect be suspended, abandoned, or terminated, client shall pay Architect for all fees, charges, and services provided for the project pro-rated to date of suspension of work, not to exceed any contract limit specified herein, client acknowledges if the project work is suspended and restarts, there will be additional re-start charges which shall be paid for by client as extra work.

8. Architect shall, using reasonable professional judgment, comply with all laws, codes and regulations applicable to the project and interpretations by agencies having jurisdiction over the project, to the degree that such laws, codes, regulations and interpretations by agencies are not in conflict with each other.

9. Architect will diligently strive for full compliance with all aspects of the Americans with Disabilities Act (ADA) and California Title 24. However, we cannot guarantee or ensure absolute compliance because of the subjective nature of an ultimate interpretation of the law over which we have no control.

If a client fails to pay Architect within 30 days after invoices are rendered, client agrees Architect shall have the right to consider such default in payment a material breach of this entire agreement, and upon written 516
notice the client shall have two weeks after that to respond. If after this second notice, the client fails to pay (unless an item is under dispute), the duties, obligations, and responsibilities on architect under this agreement are terminated. In such an event, client shall promptly pay architect for all fees, charges and services provided by Architect up to date of second notice.

10. All fees and other charges will be billed monthly and shall be due at the time of billing unless otherwise specified in this agreement. Client agrees that the periodic billings from Architect to client are correct, conclusive, and binding on client unless client, within ten (10) days from the date of receipt from such billing, notifies Architect in writing of alleged inaccuracies, discrepancies, or errors in the billing.

11. Client agrees to pay a monthly late payment charge, which will be one and one-half percent (1 ½%) per month ($25.00 minimum) or a monthly charge not to exceed the maximum legal rate, which will be applied to any unpaid balance commencing thirty (30) days after the date of the original billing.

12. Client agrees that the receipt of any payment is considered an acceptance of all provisions of this agreement.

13. Client agrees that if client requests services not specified pursuant to the scope of services description within this agreement, client agrees to pay for all such additional services as extra work.

14. Client acknowledges that the design work performed pursuant to this agreement is based upon the field and other conditions existing at the time of preparation of Architect’s work. Client further acknowledges that field and other conditions may change by the time project construction occurs and clarification, adjustments, modifications and other changes may be necessary to reflect changed field or other conditions.

15. Client shall pay the cost of checking and inspection fees, zoning and annexation, application fees, assessment fees, soils engineering fees, soils testing fees, and all other fees, permits, bond premiums, title company charges, blueprints and reproductions, and all other charges not specifically covered by this agreement.

16. Architect shall not be liable for damages resulting from the actions or inactions of government agencies including, but not limited to, permit processing, environmental impact reports, dedications, general plans, and amendments thereto, zoning matters, annexations or consolidations, use of conditional use permits, project or plan approvals, and building permits.

17. In the event that client institutes a suit against Architect, either directly by complaint or by way of crosscomplaint, including a cross-complaint for indemnity, for alleged negligence, error, omission or other failure to perform, and client fails to obtain a judgment in client’s favor, the lawsuit is dismissed, or if judgment is rendered for Architect, client agrees to pay Architect all cost of defense, including attorney’s fees, expert witness fees, court costs, and any and all other expenses of defense. Client agrees such payments shall be made immediately following dismissal of the case or upon entry of judgment.

18. Architect makes no representation concerning the estimated quantities and cost figures made in connection with maps, plans, specifications, or drawings other than that all such figures are estimates only and Architect shall not be responsible for fluctuations in cost factors.

19. Client agrees to limit Architect’s liability to client and to all contractors and subcontractors on the project.

Due to professional proven negligence, acts, errors or omissions of Architect, to the sum of $50,000.00 or Architect’s fees, whichever is less.

20. The design professional shall obtain written owner approval of the schematic design, design development and construction documents phase documents before proceeding with each subsequent phase. The owner shall be entitled to issue conditional approvals subject to specific items or conditions being incorporated into the design professional’s documents. Such items or conditions shall be contained within the owner’s written approvals.

21. The estimated days scheduled begins upon us receiving both the signed proposal as well as the retainer. The time given to complete your project is counted as “working days” and therefore does not include weekends or holidays. During the entire process, you will be receiving plans from us to review. During that review time, any possible days lost shall be added to the original days scheduled. So your prompt feedback is essential for us to be efficient in completing your project as scheduled.

22. Nothing in this Agreement is intended to create, nor shall it be construed to create, a fiduciary duty owed by either party to the other party.

23. All checks returned for non-sufficient funds are to be paid with certified funds and are subject to a $25.00 fee.

24. Should client wish to use wire transfer as form of payment client is subject to a bank surcharge of $30.00 per wire transfer.

WE PROPOSE TO PROVIDE DTY UTILITY COORDINATION AS OUTLINED ABOVE, FOR THE SUM OF: $39,000.00 Fee Breakdown as follows: Dry Utility Coordination: $22,000.00 Project Management: $4,500.00
Skylight Plans: $12,500.00
Total: $39,000.00
Signed proposal is required to start Dry Utility Coordination. Progress payments will be billed as work is completed.

Architect agrees to be held liable for errors and omissions in the project documents arising from the sole negligence of the Architect (see Provisions to Agreement listed above). This agreement may be terminated by either party upon seven day’s written notice, should the other party fail to substantially perform, in accordance with it terms through no fault of the party initiating the termination. This agreement entered into at: 17087 Orange Way, Fontana, CA 92335, as of the date written above. This proposal will remain valid for a period of forty-five (45) days, at which time its terms may be subject to change.

Phillip Burum, Deputy City Manager Doug Andresen, Principal Architect, c. 14504 City of Fontana Andresen Architecture, Inc.
517
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1278 Agenda Date: 10/13/2026
Agenda #: O. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Acceptance of Final Map for Tract No. 20782
RECOMMENDATION:

1. Approve the Final Map for Tract No. 20782, located on the southeast corner of Duncan Canyon Road and John Previti Avenue.

2. Accept dedication of public streets and easements.

3. Authorize the City Manager to enter into a Subdivision Improvement Agreement with the subdivider
COUNCIL GOALS:
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.

DISCUSSION:

Tract No. 20782 is located on the southeast corner of Duncan Canyon Road and John Previti Avenue. The project consists of the development of 219 attached condominium units with various amenities within a 13.1-acre site.

Tentative Tract Map No. 20782 (TTM25-0001) was approved by the Planning Commission on December 16, 2025. All conditions precedent to submitting the final map have been completed by the applicant. The subdivider, KB Home Cal Management Services, LLC, has complied with all the Conditions of Approval and has dedicated the required right-of-way and easements as part of the project. The tract map has been reviewed by the City Engineer and is found to be substantially in conformance to the approved tentative tract map.

In addition, an authorization is requested for the City Manager to enter into a Subdivision Agreement with the subdivider to guarantee the completion of required infrastructure in accordance with the Subdivision Map Act. This map is now being brought to the City Council for final approval.

City of Fontana Page 1 of 2 Printed on 10/7/2026
powered by Legistar™518
File #: 26-1278 Agenda Date: 10/13/2026
Agenda #: O. Category: Consent Calendar
FISCAL IMPACT:

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

MOTION:

Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 10/7/2026
powered by Legistar™519
TRACT MAP NO. 20782

CITY OF FONTANA, CALIFORNIA

520
521
522
523
524
525
526
527
528
529
530

STREET IMPROVEMENTS

ITEM UNIT COST AMOUNT
6" CURB & GUTTER L.F. $ 17.00 $
8" CURB & GUTTER L.F. $ 19.00 $
8" THICK CROSS GUTTER S.F. $ 11.00 $
4" SIDEWALK S.F. $ 7.00 $
ACCESS RAMP EA $ 5,000.00 $
DRIVE WAY APPROACHES S.F. $ 11.00 $
ASPHALT CONCRETE DIKES L.F. $ 11.00 $
FOG SEAL S.F. $ 0.10 $
IMPORTED EMBANKMENT C.Y. $ 10.00 $
PREPARATION OF SUBGRADE S.F. $ 0.50 $
* A.C. TON $ 150.00 $
* A.C. OVERLAY (2'' THICKNESS)
PER CITY STANDARD TON $ 150.00 $
* PCC CURB ONLY (MEDIAN) L.F. $ 16.00 $
ADJUST SEWER MANHOLE TO GRADE EA $ 500.00 $
ADJUST SEWER CLEAN OUT TO GRADE EA $ 300.00 $
ADJUST WATER VALVES TO GRADE EA $ 250.00 $
BARRICADES L.F. $ 40.00 $
2 X 4 REDWOOD HEADER L.F. $ 5.00 $
* REMOVAL OF A.C. PAVEMENT S.F. $ 0.66 $
** REMOVAL OF P.C.C. CURB L.F. $ 6.00 $
* REMOVAL OF A.C. BERM L.F. $ 5.00 $
RETAINING WALL H=2 1/2 FT. OR LESS L.F. $ 40.00 $
BLOCK WALL H=6 FT. L.F. $ 50.00 $
AGGREGATE BASE TON $ 30.00 $
GUARD POSTS EA $ 70.00 $
GUARD PANEL (WOOD) L.F. $ 40.00 $
SAWCUT L.F. $ 3.50 $
REFLECTORS AND POSTS EA $ 100.00 $
STREET SIGNS EA $ 250.00 $
EA $
EA $
EA $
EA $
EA $
$
* A.C. ASPHALTIC CONCRETE
** P.C.C. PORTLAND CONCRETE CEMENT
PROJECT NAME ____________________________
TRACT / PARCEL MAP NO. ___________________
ADDRESS __________________________________
_________________________________________

STREET IMPROVEMENT SUBTOTAL

CITY OF FONTANA

DEPARTMENT OF ENGINEERING
COST ESTIMATE - EXHIBIT "A"

QUANTITY UNIT
DATE ____________________________________
ENGINEER ______________________________
DEVELOPER ______________________________
PHONE NO. ______________________________

STAFF USE ONLY
RECORD NO.: _____________
531

STORM DRAIN IMPROVEMENTS

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

W=7 EA $ 4,000.00 $
W=10 EA $ 4,500.00 $
W=14 EA $ 6,000.00 $
W=21 EA $ 11,000.00 $
W=28 EA $ 14,000.00 $
JUNCTION STRUCTURE EA $ 3,200.00 $
TRAFFIC TYPE JUNCTION STRUCTURE EA $ 2,800.00 $
DISCHARGE STRUCTURE EA $ 2,800.00 $
MANHOLES EA $ 2,500.00 $
LOCAL DEPRESSION EA $ 1,250.00 $
GRATE INLET STRUCTURE EA $ 2,100.00 $
EA $ $
EA $ $
EA $ $
EA $ $
$
* REINFORCED CONCRETE PIPE
* CORRUGATED METAL PIPE

SANITARY SEWER IMPROVEMENTS

ITEM UNIT COST AMOUNT
MANHOLES 60" DIAMETER EA $ 4,500.00 $
MANHOLES 48" DIAMETER EA $ 4,000.00 $
DROP MAN HOLES EA $ 4,500.00 $
WYES EA $ 100.00 $
CLEANOUTS EA $ 600.00 $
REMODELING OF EXISTING MANHOLE EA $ 950.00 $
** 4" VCP L.F. $ 50.00 $
** 6" VCP L.F. $ 60.00 $
** 8" VCP L.F. $ 70.00 $
** 10" VCP L.F. $ 80.00 $
** 12'' VCP L.F. $ 90.00 $
** 15'' VCP L.F. $ 100.00 $
L.F. $ $
L.F. $ $
L.F. $ $
L.F. $ $
$
** VITRIFIED CLAY PIPE

QUANTITY UNIT
UNIT

STORM DRAIN IMPROVEMENT SUBTOTAL

SANITARY SEWER IMPROVEMENT SUBTOTAL

QUANTITY
532

TRAFFIC SIGNALS/SIGN/STRIPING

ITEM UNIT COST AMOUNT
TRAFFIC SIGNAL MODIFICATION:

ONE CORNER L.S. $ 75,000.00 $
TWO CORNERS L.S. $ 100,000.00 $
TRAFFIC SIGNAL NEW L.S. $ 400,000.00 $
PAINT TRAFFIC STRIPE (1 COAT) L.F. $ 2.40 $
PAINT TRAFFIC STRIPE (2 COATS) L.F. $ 0.65 $
PEDESTRIAN CROSSWALK STRIPING L.F. $ 0.65 $
PAVEMENT MARKER (NON REFLECTIVE) EA $ 2.50 $
PAVEMENT MARKER (REFLECTIVE) EA $ 4.00 $
REFLECTORS AND POSTS EA $ 100.00 $
STREET SIGNS EA $ 250.00 $
EA $ $
EA $ $
EA $ $
EA $ $
$
C.F.D. LANDSCAPE IMPROVEMENTS (BONDING PURPOSES ONLY)

ITEM UNIT COST AMOUNT
AREA LANDSCAPED S.F. $ 12.00 $
CENTER MEDIAN S.F. $ 12.00 $
$
SUBTOTALS:
$
$
$
$
IMPROVEMENT SUBTOTAL IMPROVEMENT SUBTOTAL $
* USE THIS TOTAL FOR PLAN CHECK & PERMITTING PURPOSES*
$
$
$
$
$
$
C.F.D. LANDSCAPE IMPROVEMENTS …............................................................................................

CUCAMONGA COUNTY WATER DISTRICT FACILITIES ………................................................

ADD 35% …...........................................

QUANTITY UNIT
IMPROVEMENT SUBTOTAL ….........

BONDING TOTAL ……......................

STORM DRAIN IMPROVEMENTS SUBTOTAL .................................................................................

STREET IMPROVEMENTS SUBTOTAL …..........................................................................................

SANITARY SEWER IMPROVEMENTS SUBTOTAL ..….........................................…......................

TRAFFIC SIGNAL/SIGNS/STRIPING SUBTOTAL ……....................................................................

UNIT
STREET LIGHTS ___________ @ $5,000.00 ….....................................................................................

TRAFFIC SIGNAL/SIGNS/STRIPING SUBTOTAL

LANDSCAPING IMPROVEMENTS SUBTOTAL

QUANTITY
533
APPROVED PUBLIC IMPROVEMENT PLANS:

STREET IMPROVEMENT DRAWING NO. ________________________________________________________________ STORM DRAIN IMPROVEMENT DRAWING NO. _________________________________ TRAFFIC SIGNAL DRAWING NO. _______________________________________________ SIGNING & STRIPING DRAWING NO. ________________________________________________ INTERCONNECT DRAWING NO. _________________________________________________ C.F.D. LANDSCAPE DRAWING NO. ______________________________________________ SEWER IMPROVEMENT DRAWING NO. _________________________________________ STREET LIGHT DRAWING NO. ________________________________________________ 534

STREET IMPROVEMENTS

ITEM UNIT COST AMOUNT
6" CURB & GUTTER L.F. $ 17.00 $
8" CURB & GUTTER L.F. $ 19.00 $
8" THICK CROSS GUTTER S.F. $ 11.00 $
4" SIDEWALK S.F. $ 7.00 $
ACCESS RAMP EA $ 5,000.00 $
DRIVE WAY APPROACHES S.F. $ 11.00 $
ASPHALT CONCRETE DIKES L.F. $ 11.00 $
FOG SEAL S.F. $ 0.10 $
IMPORTED EMBANKMENT C.Y. $ 10.00 $
PREPARATION OF SUBGRADE S.F. $ 0.50 $
* A.C. TON $ 150.00 $
* A.C. OVERLAY (2'' THICKNESS)
PER CITY STANDARD TON $ 150.00 $
* PCC CURB ONLY (MEDIAN) L.F. $ 16.00 $
ADJUST SEWER MANHOLE TO GRADE EA $ 500.00 $
ADJUST SEWER CLEAN OUT TO GRADE EA $ 300.00 $
ADJUST WATER VALVES TO GRADE EA $ 250.00 $
BARRICADES L.F. $ 40.00 $
2 X 4 REDWOOD HEADER L.F. $ 5.00 $
* REMOVAL OF A.C. PAVEMENT S.F. $ 0.66 $
** REMOVAL OF P.C.C. CURB L.F. $ 6.00 $
* REMOVAL OF A.C. BERM L.F. $ 5.00 $
RETAINING WALL H=2 1/2 FT. OR LESS L.F. $ 40.00 $
BLOCK WALL H=6 FT. L.F. $ 50.00 $
AGGREGATE BASE TON $ 30.00 $
GUARD POSTS EA $ 70.00 $
GUARD PANEL (WOOD) L.F. $ 40.00 $
SAWCUT L.F. $ 3.50 $
REFLECTORS AND POSTS EA $ 100.00 $
STREET SIGNS EA $ 250.00 $
EA $
$
EA $
EA $
EA $
$
* A.C. ASPHALTIC CONCRETE
** P.C.C. PORTLAND CONCRETE CEMENT
PROJECT NAME ____________________________
TRACT / PARCEL MAP NO. ___________________
ADDRESS _ __________
_________________________________________

STREET IMPROVEMENT SUBTOTAL

CITY OF FONTANA

DEPARTMENT OF ENGINEERING
COST ESTIMATE - EXHIBIT "A"

QUANTITY UNIT
DATE _ ___ ___ _______
ENGINEER ______________________________
DEVELOPER ______________________________
PHONE NO. ______________________________

STAFF USE ONLY
RECORD NO.: _____________
Rev. 2/5/24 NQ/RG Page 5 of 8
810 KB Home KWC Engineers 951-847-6750 Ventana PA3TRACT 20782 Fontana, CA 92336 647 5,400 180 192 BUS TURNOUT - Citrus 1100 SF $ 11.00 12,100 15,390 37,800 2,112 97,050 27,000 $ $ SF $ 15,920 7,960 535

STORM DRAIN IMPROVEMENTS

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

W=7 EA $ 4,000.00 $
W=10 EA $ 4,500.00 $
W=14 EA $ 6,000.00 $
W=21 EA $ 11,000.00 $
W=28 EA $ 14,000.00 $
JUNCTION STRUCTURE EA $ 3,200.00 $
TRAFFIC TYPE JUNCTION STRUCTURE EA $ 2,800.00 $
DISCHARGE STRUCTURE EA $ 2,800.00 $
MANHOLES EA $ 2,500.00 $
LOCAL DEPRESSION EA $ 1,250.00 $
GRATE INLET STRUCTURE EA $ 2,100.00 $
EA $ $
EA $ $
EA $ $
EA $ $
$
* REINFORCED CONCRETE PIPE
* CORRUGATED METAL PIPE

SANITARY SEWER IMPROVEMENTS

ITEM UNIT COST AMOUNT
MANHOLES 60" DIAMETER EA $ 4,500.00 $
MANHOLES 48" DIAMETER EA $ 4,000.00 $
DROP MAN HOLES EA $ 4,500.00 $
WYES EA $ 100.00 $
CLEANOUTS EA $ 600.00 $
REMODELING OF EXISTING MANHOLE EA $ 950.00 $
** 4" VCP L.F. $ 50.00 $
** 6" VCP L.F. $ 60.00 $
** 8" VCP L.F. $ 70.00 $
** 10" VCP L.F. $ 80.00 $
** 12'' VCP L.F. $ 90.00 $
** 15'' VCP L.F. $ 100.00 $
L.F. $ $
L.F. $ $
L.F. $ $
L.F. $ $
$
** VITRIFIED CLAY PIPE

QUANTITY UNIT
UNIT

STORM DRAIN IMPROVEMENT SUBTOTAL

SANITARY SEWER IMPROVEMENT SUBTOTAL

QUANTITY
536

TRAFFIC SIGNALS/SIGN/STRIPING

ITEM UNIT COST AMOUNT
TRAFFIC SIGNAL MODIFICATION:

ONE CORNER L.S. $ 75,000.00 $
TWO CORNERS L.S. $ 100,000.00 $
TRAFFIC SIGNAL NEW L.S. $ 400,000.00 $
PAINT TRAFFIC STRIPE (1 COAT) L.F. $ 2.40 $
PAINT TRAFFIC STRIPE (2 COATS) L.F. $ 0.65 $
PEDESTRIAN CROSSWALK STRIPING L.F. $ 0.65 $
PAVEMENT MARKER (NON REFLECTIVE) EA $ 2.50 $
PAVEMENT MARKER (REFLECTIVE) EA $ 4.00 $
REFLECTORS AND POSTS EA $ 100.00 $
STREET SIGNS EA $ 250.00 $
EA $ $
EA $ $
EA $ $
EA $ $
$
C.F.D. LANDSCAPE IMPROVEMENTS (BONDING PURPOSES ONLY)

ITEM UNIT COST AMOUNT
AREA LANDSCAPED S.F. $ 12.00 $
CENTER MEDIAN S.F. $ 12.00 $
$
SUBTOTALS:
$
$
$
$
IMPROVEMENT SUBTOTAL IMPROVEMENT SUBTOTAL $
* USE THIS TOTAL FOR PLAN CHECK & PERMITTING PURPOSES*
$
$
$
$
$
$
C.F.D. LANDSCAPE IMPROVEMENTS …............................................................................................

CUCAMONGA COUNTY WATER DISTRICT FACILITIES ………................................................

ADD 35% …...........................................

QUANTITY UNIT
IMPROVEMENT SUBTOTAL ….........

BONDING TOTAL ……......................

STORM DRAIN IMPROVEMENTS SUBTOTAL .................................................................................

STREET IMPROVEMENTS SUBTOTAL …..........................................................................................

SANITARY SEWER IMPROVEMENTS SUBTOTAL ..….........................................…......................

TRAFFIC SIGNAL/SIGNS/STRIPING SUBTOTAL ……....................................................................

UNIT
STREET LIGHTS ___ _____ @ $5,000.00 ….....................................................................................

TRAFFIC SIGNAL/SIGNS/STRIPING SUBTOTAL

LANDSCAPING IMPROVEMENTS SUBTOTAL

QUANTITY
Rev. 2/5/24 NQ/RG Page 7 of 8
5 1,250 THERMOPLASTIC LEGENDS 4 2,000 8,000 1122 2,693 11,943 11,943 537
APPROVED PUBLIC IMPROVEMENT PLANS:

STREET IMPROVEMENT DRAWING NO. ________________________________________________________________ STORM DRAIN IMPROVEMENT DRAWING NO. _________________________________ TRAFFIC SIGNAL DRAWING NO. _______________________________________________ SIGNING & STRIPING DRAWING NO. ________________________________________________ INTERCONNECT DRAWING NO. _________________________________________________ C.F.D. LANDSCAPE DRAWING NO. ______________________________________________ SEWER IMPROVEMENT DRAWING NO. _________________________________________ STREET LIGHT DRAWING NO. ________________________________________________ Rev. 2/5/24 NQ/RG Page 8 of 8
538

STREET IMPROVEMENTS

ITEM UNIT COST AMOUNT
6" CURB & GUTTER L.F. $ 17.00 $
8" CURB & GUTTER L.F. $ 19.00 $
8" THICK CROSS GUTTER S.F. $ 11.00 $
4" SIDEWALK S.F. $ 7.00 $
ACCESS RAMP EA $ 5,000.00 $
DRIVE WAY APPROACHES S.F. $ 11.00 $
ASPHALT CONCRETE DIKES L.F. $ 11.00 $
FOG SEAL S.F. $ 0.10 $
IMPORTED EMBANKMENT C.Y. $ 10.00 $
PREPARATION OF SUBGRADE S.F. $ 0.50 $
* A.C. TON $ 150.00 $
* A.C. OVERLAY (2'' THICKNESS)
PER CITY STANDARD TON $ 150.00 $
* PCC CURB ONLY (MEDIAN) L.F. $ 16.00 $
ADJUST SEWER MANHOLE TO GRADE EA $ 500.00 $
ADJUST SEWER CLEAN OUT TO GRADE EA $ 300.00 $
ADJUST WATER VALVES TO GRADE EA $ 250.00 $
BARRICADES L.F. $ 40.00 $
2 X 4 REDWOOD HEADER L.F. $ 5.00 $
* REMOVAL OF A.C. PAVEMENT S.F. $ 0.66 $
** REMOVAL OF P.C.C. CURB L.F. $ 6.00 $
* REMOVAL OF A.C. BERM L.F. $ 5.00 $
RETAINING WALL H=2 1/2 FT. OR LESS L.F. $ 40.00 $
BLOCK WALL H=6 FT. L.F. $ 50.00 $
AGGREGATE BASE TON $ 30.00 $
GUARD POSTS EA $ 70.00 $
GUARD PANEL (WOOD) L.F. $ 40.00 $
SAWCUT L.F. $ 3.50 $
REFLECTORS AND POSTS EA $ 100.00 $
STREET SIGNS EA $ 250.00 $
EA $
EA $
EA $
EA $
EA $
$
* A.C. ASPHALTIC CONCRETE
** P.C.C. PORTLAND CONCRETE CEMENT

STREET IMPROVEMENT SUBTOTAL

CITY OF FONTANA

DEPARTMENT OF ENGINEERING
COST ESTIMATE - EXHIBIT "A"

QUANTITY UNIT

STAFF USE ONLY
RECORD NO.: _____________
Rev. 2/5/24 NQ/RG Page 5 of 8
PROJECT NAME ____________________________
TRACT / PARCEL MAP NO. ___________________
ADDRESS __________________________________
_________________________________________
COST ESTIMATE - EXHIBIT "A"
DATE _________________________
ENGINEER ______________________________
DEVELOPER ______________________________
PHONE NO. ______________________________
KB Home KWC Engineers 951-847-6750 Ventana PA3TRACT 20782 16015 Duncan Canyon Rd Fontana, CA 92336 539

STORM DRAIN IMPROVEMENTS

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

W=7 EA $ 4,000.00 $
W=10 EA $ 4,500.00 $
W=14 EA $ 6,000.00 $
W=21 EA $ 11,000.00 $
W=28 EA $ 14,000.00 $
JUNCTION STRUCTURE EA $ 3,200.00 $
TRAFFIC TYPE JUNCTION STRUCTURE EA $ 2,800.00 $
DISCHARGE STRUCTURE EA $ 2,800.00 $
MANHOLES EA $ 2,500.00 $
LOCAL DEPRESSION EA $ 1,250.00 $
GRATE INLET STRUCTURE EA $ 2,100.00 $
EA $ $
EA $ $
EA $ $
EA $ $
$
* REINFORCED CONCRETE PIPE
* CORRUGATED METAL PIPE

SANITARY SEWER IMPROVEMENTS

ITEM UNIT COST AMOUNT
MANHOLES 60" DIAMETER EA $ 4,500.00 $
MANHOLES 48" DIAMETER EA $ 4,000.00 $
DROP MAN HOLES EA $ 4,500.00 $
WYES EA $ 100.00 $
CLEANOUTS EA $ 600.00 $
REMODELING OF EXISTING MANHOLE EA $ 950.00 $
** 4" VCP L.F. $ 50.00 $
** 6" VCP L.F. $ 60.00 $
** 8" VCP L.F. $ 70.00 $
** 10" VCP L.F. $ 80.00 $
** 12'' VCP L.F. $ 90.00 $
** 15'' VCP L.F. $ 100.00 $
L.F. $ $
L.F. $ $
L.F. $ $
L.F. $ $
$
** VITRIFIED CLAY PIPE

QUANTITY UNIT
UNIT

STORM DRAIN IMPROVEMENT SUBTOTAL

SANITARY SEWER IMPROVEMENT SUBTOTAL

QUANTITY
540

TRAFFIC SIGNALS/SIGN/STRIPING

ITEM UNIT COST AMOUNT
TRAFFIC SIGNAL MODIFICATION:

ONE CORNER L.S. $ 75,000.00 $
TWO CORNERS L.S. $ 100,000.00 $
TRAFFIC SIGNAL NEW L.S. $ 400,000.00 $
PAINT TRAFFIC STRIPE (1 COAT) L.F. $ 2.40 $
PAINT TRAFFIC STRIPE (2 COATS) L.F. $ 0.65 $
PEDESTRIAN CROSSWALK STRIPING L.F. $ 0.65 $
PAVEMENT MARKER (NON REFLECTIVE) EA $ 2.50 $
PAVEMENT MARKER (REFLECTIVE) EA $ 4.00 $
REFLECTORS AND POSTS EA $ 100.00 $
STREET SIGNS EA $ 250.00 $
EA $ $
EA $ $
EA $ $
EA $ $
$
C.F.D. LANDSCAPE IMPROVEMENTS (BONDING PURPOSES ONLY)

ITEM UNIT COST AMOUNT
AREA LANDSCAPED S.F. $ 12.00 $
CENTER MEDIAN S.F. $ 12.00 $
$
SUBTOTALS:
$
$
$
$
IMPROVEMENT SUBTOTAL IMPROVEMENT SUBTOTAL $
* USE THIS TOTAL FOR PLAN CHECK & PERMITTING PURPOSES*
$
$
$
$
$
$
C.F.D. LANDSCAPE IMPROVEMENTS …............................................................................................

CUCAMONGA COUNTY WATER DISTRICT FACILITIES ………................................................

ADD 35% …...........................................

QUANTITY UNIT
IMPROVEMENT SUBTOTAL ….........

BONDING TOTAL ……......................

STORM DRAIN IMPROVEMENTS SUBTOTAL .................................................................................

STREET IMPROVEMENTS SUBTOTAL …..........................................................................................

SANITARY SEWER IMPROVEMENTS SUBTOTAL ..….........................................…......................

TRAFFIC SIGNAL/SIGNS/STRIPING SUBTOTAL ……....................................................................

UNIT
STREET LIGHTS ___________ @ $5,000.00 ….....................................................................................

TRAFFIC SIGNAL/SIGNS/STRIPING SUBTOTAL

LANDSCAPING IMPROVEMENTS SUBTOTAL

QUANTITY
Rev. 2/5/24 NQ/RG Page 7 of 8
541
APPROVED PUBLIC IMPROVEMENT PLANS:

STREET IMPROVEMENT DRAWING NO. ________________________________________________________________ STORM DRAIN IMPROVEMENT DRAWING NO. _________________________________ TRAFFIC SIGNAL DRAWING NO. _______________________________________________ SIGNING & STRIPING DRAWING NO. ________________________________________________ INTERCONNECT DRAWING NO. _________________________________________________ C.F.D. LANDSCAPE DRAWING NO. ______________________________________________ SEWER IMPROVEMENT DRAWING NO. _________________________________________ STREET LIGHT DRAWING NO. ________________________________________________ Rev. 2/5/24 NQ/RG Page 8 of 8
542

STREET IMPROVEMENTS

ITEM UNIT COST AMOUNT
6" CURB & GUTTER L.F. $ 17.00 $
8" CURB & GUTTER L.F. $ 19.00 $
8" THICK CROSS GUTTER S.F. $ 11.00 $
4" SIDEWALK S.F. $ 7.00 $
ACCESS RAMP EA $ 5,000.00 $
DRIVE WAY APPROACHES S.F. $ 11.00 $
ASPHALT CONCRETE DIKES L.F. $ 11.00 $
FOG SEAL S.F. $ 0.10 $
IMPORTED EMBANKMENT C.Y. $ 10.00 $
PREPARATION OF SUBGRADE S.F. $ 0.50 $
* A.C. TON $ 150.00 $
* A.C. OVERLAY (2'' THICKNESS)
PER CITY STANDARD TON $ 150.00 $
* PCC CURB ONLY (MEDIAN) L.F. $ 16.00 $
ADJUST SEWER MANHOLE TO GRADE EA $ 500.00 $
ADJUST SEWER CLEAN OUT TO GRADE EA $ 300.00 $
ADJUST WATER VALVES TO GRADE EA $ 250.00 $
BARRICADES L.F. $ 40.00 $
2 X 4 REDWOOD HEADER L.F. $ 5.00 $
* REMOVAL OF A.C. PAVEMENT S.F. $ 0.66 $
** REMOVAL OF P.C.C. CURB L.F. $ 6.00 $
* REMOVAL OF A.C. BERM L.F. $ 5.00 $
RETAINING WALL H=2 1/2 FT. OR LESS L.F. $ 40.00 $
BLOCK WALL H=6 FT. L.F. $ 50.00 $
AGGREGATE BASE TON $ 30.00 $
GUARD POSTS EA $ 70.00 $
GUARD PANEL (WOOD) L.F. $ 40.00 $
SAWCUT L.F. $ 3.50 $
REFLECTORS AND POSTS EA $ 100.00 $
STREET SIGNS EA $ 250.00 $
EA $
EA $
EA $
EA $
EA $
$
* A.C. ASPHALTIC CONCRETE
** P.C.C. PORTLAND CONCRETE CEMENT

STREET IMPROVEMENT SUBTOTAL

CITY OF FONTANA

DEPARTMENT OF ENGINEERING
COST ESTIMATE - EXHIBIT "A"

QUANTITY UNIT

STAFF USE ONLY
RECORD NO.: _____________
Rev. 2/5/24 NQ/RG Page 5 of 8
PROJECT NAME ____________________________
TRACT / PARCEL MAP NO. ___________________
ADDRESS _ ___________
_________________________________________
COST ESTIMATE - EXHIBIT "A"
DATE _________________________
ENGINEER ______________________________
DEVELOPER ______________________________
PHONE NO. ______________________________
KB Home KWC Engineers 951-847-6750 Ventana PA3TRACT 20782 Fontana, CA 92336 5/6/2026 1 10,000
95 475
53,665 6,170 43,190

JOHN PREVITI AVE
ELPC26-00019 1,600 25,600 2
1,928 21,208 100,473 8/13/2026
543

STORM DRAIN IMPROVEMENTS

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

W=7 EA $ 4,000.00 $
W=10 EA $ 4,500.00 $
W=14 EA $ 6,000.00 $
W=21 EA $ 11,000.00 $
W=28 EA $ 14,000.00 $
JUNCTION STRUCTURE EA $ 3,200.00 $
TRAFFIC TYPE JUNCTION STRUCTURE EA $ 2,800.00 $
DISCHARGE STRUCTURE EA $ 2,800.00 $
MANHOLES EA $ 2,500.00 $
LOCAL DEPRESSION EA $ 1,250.00 $
GRATE INLET STRUCTURE EA $ 2,100.00 $
EA $ $
EA $ $
EA $ $
EA $ $
$
* REINFORCED CONCRETE PIPE
* CORRUGATED METAL PIPE

SANITARY SEWER IMPROVEMENTS

ITEM UNIT COST AMOUNT
MANHOLES 60" DIAMETER EA $ 4,500.00 $
MANHOLES 48" DIAMETER EA $ 4,000.00 $
DROP MAN HOLES EA $ 4,500.00 $
WYES EA $ 100.00 $
CLEANOUTS EA $ 600.00 $
REMODELING OF EXISTING MANHOLE EA $ 950.00 $
** 4" VCP L.F. $ 50.00 $
** 6" VCP L.F. $ 60.00 $
** 8" VCP L.F. $ 70.00 $
** 10" VCP L.F. $ 80.00 $
** 12'' VCP L.F. $ 90.00 $
** 15'' VCP L.F. $ 100.00 $
L.F. $ $
L.F. $ $
L.F. $ $
L.F. $ $
$
** VITRIFIED CLAY PIPE

QUANTITY UNIT
UNIT

STORM DRAIN IMPROVEMENT SUBTOTAL

SANITARY SEWER IMPROVEMENT SUBTOTAL

QUANTITY
1 4,500
1 4,500
72 5,040 14,040
86 4,000 6,020 14,520
544

TRAFFIC SIGNALS/SIGN/STRIPING

ITEM UNIT COST AMOUNT
TRAFFIC SIGNAL MODIFICATION:

ONE CORNER L.S. $ 75,000.00 $
TWO CORNERS L.S. $ 100,000.00 $
TRAFFIC SIGNAL NEW L.S. $ 400,000.00 $
PAINT TRAFFIC STRIPE (1 COAT) L.F. $ 2.40 $
PAINT TRAFFIC STRIPE (2 COATS) L.F. $ 0.65 $
PEDESTRIAN CROSSWALK STRIPING L.F. $ 0.65 $
PAVEMENT MARKER (NON REFLECTIVE) EA $ 2.50 $
PAVEMENT MARKER (REFLECTIVE) EA $ 4.00 $
REFLECTORS AND POSTS EA $ 100.00 $
STREET SIGNS EA $ 250.00 $
EA $ $
EA $ $
EA $ $
EA $ $
$
C.F.D. LANDSCAPE IMPROVEMENTS (BONDING PURPOSES ONLY)

ITEM UNIT COST AMOUNT
AREA LANDSCAPED S.F. $ 12.00 $
CENTER MEDIAN S.F. $ 12.00 $
$
SUBTOTALS:
$
$
$
$
IMPROVEMENT SUBTOTAL IMPROVEMENT SUBTOTAL $
* USE THIS TOTAL FOR PLAN CHECK & PERMITTING PURPOSES*
$
$
$
$
$
$
C.F.D. LANDSCAPE IMPROVEMENTS …............................................................................................

CUCAMONGA COUNTY WATER DISTRICT FACILITIES ………................................................

ADD 35% …...........................................

QUANTITY UNIT
IMPROVEMENT SUBTOTAL ….........

BONDING TOTAL ……......................

STORM DRAIN IMPROVEMENTS SUBTOTAL .................................................................................

STREET IMPROVEMENTS SUBTOTAL …..........................................................................................

SANITARY SEWER IMPROVEMENTS SUBTOTAL ..….........................................…......................

TRAFFIC SIGNAL/SIGNS/STRIPING SUBTOTAL ……....................................................................

UNIT
STREET LIGHTS ___________ @ $5,000.00 ….....................................................................................

TRAFFIC SIGNAL/SIGNS/STRIPING SUBTOTAL

LANDSCAPING IMPROVEMENTS SUBTOTAL

QUANTITY
Rev. 2/5/24 NQ/RG Page 7 of 8
14,040 67,705
67,705 23,697
91,402 5 25,000 53,665
4,815 57,780 57,780 69,221 100,473 14,520 197,773 266,994 57,780 114,993 545
APPROVED PUBLIC IMPROVEMENT PLANS:

STREET IMPROVEMENT DRAWING NO. ________________________________________________________________ STORM DRAIN IMPROVEMENT DRAWING NO. _________________________________ TRAFFIC SIGNAL DRAWING NO. _______________________________________________ SIGNING & STRIPING DRAWING NO. ________________________________________________ INTERCONNECT DRAWING NO. _________________________________________________ C.F.D. LANDSCAPE DRAWING NO. ______________________________________________ SEWER IMPROVEMENT DRAWING NO. _________________________________________ STREET LIGHT DRAWING NO. ________________________________________________ Rev. 2/5/24 NQ/RG Page 8 of 8
6526 - R1 6526LT - R1 6139 - R1 546
547
548
549
550
551
552
553
554
555
556
557
558
559
560
561
562
563

OWNER'S STATEMENT
No. 9029
P
ROFES

IONAL LAND SURVEYOR

STATE OF CA L I FORN IA
T
HOMAS M. CASELDINE

NOTARY ACKNOWLEDGEMENT

SIGNATURE OMISSIONS

BOARD OF SUPERVISORS' CERTIFICATE

SURVEYOR'S STATEMENT

CITY ENGINEER'S STATEMENT

CITY COUNCIL CERTIFICATE

SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE
”
TRACT MAP NO. 20782
1 LOT
0 LETTERED LOTS

13.13 AC GROSS

STATE OF CALIFORNIA
RE

GISTERED PROFESSIONAL ENGIN
E
ER

C I V I L
G
62296
I A
L A M
K I M

CITY LAND SURVEYOR'S STATEMENT
No. 6867
P
ROFES

IONAL LAND SURVEYOR

STATE OF CA L I FORN I A
MICHAEL P. THORNTO
N

AUDITOR-CONTROLLER/TREASURER/

TAX COLLECTOR'S CERTIFICATE

NOTARY ACKNOWLEDGEMENT
564
TRACT MAP NO. 20782
1 LOT
0 LETTERED LOTS

13.13 AC GROSS
565
TRACT MAP NO. 20782 1 LOT0 LETTERED LOTS 13.13 AC GROSS 566
TRACT MAP NO. 20782
1 LOT
0 LETTERED LOTS

13.13 AC GROSS
567
TRACT MAP NO. 20782
1 LOT
0 LETTERED LOTS

13.13 AC GROSS
568
TRACT MAP NO. 20782 1 LOT0 LETTERED LOTS 13.13 AC GROSS 569
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1281 Agenda Date: 10/13/2026
Agenda #: P. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Donation of Two Surplus Vehicles to Fontana Rotary Club to help the City of San Felipe RECOMMENDATION:

Approve the donation of two City of Fontana Police vehicles to the Fontana Rotary Club.

COUNCIL GOALS:
· Practice sound fiscal management by producing transparent information in a timely matter.
· Concentrate on Inter-governmental relations by advocating Fontana's position in regional, state, and federal organizations.

DISCUSSION:

The City of Fontana has received a request from the Fontana Rotary Club for the donation of city police surplus vehicles. The donated vehicles will be sent to the City of San Felipe. While these vehicles have met their useful life and the condition warrants their replacement in the City Fleet, the Fontana Rotary Club has agreed to accept the donated vehicles and take full and complete ownership and liability of the donated vehicles. The donation will be in an “as-is” condition with no warranty.

The following vehicles recommended for donation are listed below:

Unit 92023 - 2021 Ford Explorer Interceptor (Vin# 1FM5K8AB1MGA43009) Unit 0537 - 2020 Ford Explorer Interceptor (Vin# 1FM5K8AB7LGC35582) FISCAL IMPACT:

Approval of the donation will direct staff to transfer the property and remove the assets from the City’s records. The assets have no remaining residual value.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 10/7/2026
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City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1282 Agenda Date: 10/13/2026
Agenda #: Q. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Approve Donation of Surplus 800 Mhz Radios and Chargers to San Bernardino County Radio.

RECOMMENDATION:

Approve the donation of 254, 800 Mhz Radios and 32 Charging Stations to San Bernardino County Radio.

COUNCIL GOALS:
· Practice sound fiscal management by producing transparent information in a timely matter. · 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 Police Department currently has 254 (800 Mhz) radios and 32 charging stations that are no longer being utilized. While this equipment has met its useful life and has been replaced with advanced technology, San Bernardino County Radio currently still uses the older model and can utilize the donated radios to repair their existing malfunctioning/broken inventory.

If approved, the radios and charging stations will be donated in “as-is” condition with no warranty.

FISCAL IMPACT:

There is no fiscal impact.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 10/7/2026
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City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1284 Agenda Date: 10/13/2026
Agenda #: R. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve and Authorize the City Manager to Enter Into a Maintenance Agreement to Establish Maintenance Obligations and Certain Rights Incidental to the Public Right-of-Way with KB HOME CAL Management Services LLC
RECOMMENDATION:

Approve and authorize the City Manager to enter into a Landscape Maintenance Agreement to establish maintenance obligations and certain rights incidental to the public right-of-way along John Previti Avenue, Duncan Canyon Road and Citrus Avenue.

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

DISCUSSION:

On July 27, 2021, the City Council approved MCN20-099, SPA Amendment No. 21-004, TPM21-003 (TPM No. 20237), and Design Review No. 21-002. To adhere to the Specific Plan requirements, the developer is required to construct various improvements along John Previti Avenue, Duncan Canyon Road, and Citrus Avenue.

As part of these improvements, the developer, KB HOME CAL Management Services LLC, has expressed a desire to maintain the landscaped median and trees within the public right-of-way along John Previti Avenue, Duncan Canyon Road, and Citrus Avenue, within their project boundary. The proposed Landscape Maintenance Agreement will establish the landscape maintenance obligations for these areas.

FISCAL IMPACT:

There is no fiscal impact associated with the approval of this item.

MOTION:

Approve staff recommendation.

City of Fontana Page 1 of 1 Printed on 10/7/2026
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SMRH:4912-1577-1079.2 -1-
081826 0HDW-434360
RECORDING REQUESTED BY:

WHEN RECORDED RETURN TO:

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Attn: Gia Kim, Public Works Director/City Engineer
Space Above This Line For Recorder’s Use

MAINTENANCE AGREEMENT
THIS MAINTENANCE AGREEMENT (‘‘Agreement’’) is made and entered into as of this day of , 2026, by and between KB HOME CAL MANAGEMENT SERVICES LLC, a Delaware limited liability company (“Developer”), and the CITY OF FONTANA (the “City’’). Developer and the City may be referred to herein individually as a “Party” or collectively as the “Parties.”
RECITALS:

A. Developer is the owner of certain real property located at Assessor’s Parcel Number (APN) APN 1107-262-64 in the City of Fontana, County of San Bernardino, State of California, which is more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference (the “Developer Property”). Developer has or intends to construct residential dwelling units on the Developer Property.

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

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

1. Maintenance Obligations.

A. Developer Maintenance Area. “Developer Maintenance Area” means those portions of the parkway landscape areas within the ROW which are generally depicted on Exhibit “B.” The “Developer Maintained Improvements” means street trees, landscaping, and associated irrigation improvements within the Developer Maintenance Area. Developer shall perform the following with respect to the Developer Maintenance Area:
(i) Keep the Developer Maintenance Area reasonably free of plant and landscape debris.
573
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081826 0HDW-434360
(ii) Repair damage to the Developer Maintenance Areas due to the elements and ordinary wear and tear.
(iii) Pursuant to Section 4 below, Developer shall Maintain and replace the street trees and landscaping within the Developer Maintenance Area. In addition, the replacement of any Street trees must be approved in writing by the City. (iv) Maintain proper weed abatement within the Developer Maintenance Areas and corresponding ROW in accordance with the approved plans and all City landscape standards and specifications.

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

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

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

4. Right of City to Remedy Failure of Maintenance Obligation. If Developer fails to comply with the provisions of this Agreement, including any failure to maintain the Developer Maintenance Areas and/or the Developer Maintained Improvements, as set forth above, then the City may deliver written notice to Developer identifying the specific defects regarding the maintenance of the Developer Maintenance Areas or Developer Maintained Improvements (“Defects Notice”). The Defects Notice shall specify the date by which Developer must remedy the specific defects identified in the Defects Notice in order to avoid action by the City, which date, except in the case of an emergency situation, shall be no less than fifteen (15) days from the Developer’s actual receipt of the Defects Notice. If the City determines a hazardous situation exists which must be remedied immediately (“emergency situation’’), then the City shall have the right to immediately enter into the Developer Maintenance Areas to address and resolve the emergency, after which the City will seek reimbursement in accordance with this section.

If Developer fails to correct the specific defects identified in the Defects Notice within the time period specified in the Defects Notice, the City shall have the right to remedy the specific defects identified in the Defects Notice. Developer hereby grants the City, or its assignees, the right of access, ingress and egress upon and across the Developer Maintenance Area as may be necessary to complete such remedial work. The City may retain, as its election, its own contractors, or the Developer’s contractors, or other third party maintenance company to complete the remedial work, provided that all such contractors shall be appropriately licensed (if a license is required for the performance of the remedial work) and, if such contractors are employees of the City, maintain workers compensation insurance, automobile insurance, and general commercial liability 574
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081826 0HDW-434360
insurance with limits and terms acceptable to Developer and on which Developer is named as an additional insured. Except in an emergency situation, during which remedial or repair work may be performed at any time to address the emergency, all remedial work shall be performed between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, in a manner that minimizes any inconvenience to the residents of the Developer Property. Any costs incurred by the City for the remedial work needed to remedy the specific defects identified in the Defects Notice shall, unless patently unreasonable, be borne solely by the Developer. The City shall provide a written itemized invoice and back-up documentation for such costs (e.g., documentation evidencing the number of worker hours spent performing the remedial work, receipts for the purchase of any materials or lease of any equipment needed to perform the remedial work, mechanics’ lien releases, etc.) to Developer within thirty (30) days’ after the completion of the remedial work. Developer shall remit payment to the City within thirty (30) days from Developer’s receipt of the invoice and back-up documentation. The Parties agree that any remedial work undertaken by the City under this section shall not terminate the maintenance obligations of Developer under this Agreement.

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

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

7. Successors and Assigns. This Agreement shall run with the land and shall be binding upon and shall insure to the benefit of the heirs, executors, administrators, successors and 575
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assigns of the Developer and the City. The covenants, conditions and restrictions set forth in this Agreement shall constitute equitable servitudes which shall run with the land. Except as expressly stated in this Agreement, there are no third party beneficiaries with the right to enforce this Agreement.

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

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

If to Developer:

KB HOME Cal Management Servies, LLC
36310 Inland Valley Drive, Suite 300
Wildomar, CA 95295
Attn: Ventana Project Manager
If to City:

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

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

10. Lender Protection. Nothing in this Agreement shall be construed as giving any party priority over the rights of beneficiaries of first deeds of trust encumbering any portion of the Developer Property. No breach of this Agreement shall invalidate the lien of any first deed of trust encumbering the Developer Property.
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11. Hearings. The titles or headings of the sections of this Agreement are not a part of the Agreement and shall have no effect upon the construction of or interpretation of this Agreement.

12. Execution in Counterpart. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.
[Signature Page on Following Page]
577
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above.

CITY OF FONTANA
By:

Matthew C. Ballantyne
City Manager
KB HOME Cal Management Services,
LLC, a Delaware limited liability company
By:

Scott Hansen
VP, Forward Planning
Attest:

By:

Germaine Key, City Clerk
Approved as to form:

By:

Best Best & Krieger LLP
City Attorney
By:

Phillip Burum, Deputy City Manager
Development Services Organization
By:

Gia Kim
Director of Public Works/City Engineer
578
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.

Notary Public (SEAL)

STATE OF CALIFORNIA )
)

COUNTY OF )
579
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081826 0HDW-434360
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.

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

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

WITNESS my hand and official seal.

Notary Public (SEAL)

STATE OF CALIFORNIA )
)

COUNTY OF )
580
SMRH:4912-1577-1079.2 Exhibit “A”
081826 0HDW-434360
EXHIBIT “A”

DEVELOPER PROPERTY

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF FONTANA,

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

THE NORTH ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SECTION 24, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA.

EXCEPTING THEREFROM THAT PORTION LYING WEST AND NORTHWESTERLY OF

THE EAST AND SOUTHEASTERLY RIGHT-OF-WAY OF JOHN PREVITI AVENUE, GRANTED TO THE CITY OF FONTANA BY DEED RECORDED FEBRUARY 24, 2022, BY DOCUMENT NO. 2022-0073488, OFFICIAL RECORDS OF SAID COUNTY.

ALSO EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF THE

SOUTHERLY RIGHT-OF-WAY OF DUNCAN CANYON ROAD, AND THAT PORTION

LYING EASTERLY OF THE WESTERLY RIGHT-OF-WAY OF CITRUS AVENUE, GRANTED TO THE CITY OF FONTANA BY DEED RECORDED OCTOBER 19, 2021, BY DOCUMENT NO. 2021-0473028, OFFICIAL RECORDS OF SAID COUNTY.

ALSO EXCEPTING THEREFROM THAT PORTION LYING SOUTHEASTERLY OF THE

NORTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND GRANTED TO SOUTHERN CALIFORNIA EDISON COMPANY BY DEED RECORDED OCTOBER 11, 1973, IN BOOK 8285, PAGE 70, AND BY DEED RECORDED NOVEMBER 19, 1973, IN BOOK 8310, PAGE 120, BOTH OFFICIAL RECORDS OF SAID COUNTY.

ALSO SHOWN AS PARCEL A IN CERTIFICATE OF COMPLIANCE FOR A LOT LINE ADJUSTMENT RECORDED NOVEMBER 14, 2024 AS DOCUMENT NO. 2024-0272517, OFFICIAL RECORDS OF SAID COUNTY.

APN: 1107-262-64-0-000
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-1577-1079.2 Exhibit “A”
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081826 0HDW-434360
EXHIBIT “B”

DEVELOPER MAINTENANCE AREA
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-1577-1079.2 Exhibit “B”
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-1577-1079.2 Exhibit “B”
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593
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1288 Agenda Date: 10/13/2026
Agenda #: S. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Final Acceptance of the ARPA Fiber to City Facilities Project (Bid No. DE-24-181-SB) RECOMMENDATION:

Accept as complete the work performed by GA Technical Services, Inc for the ARPA Fiber to City Facilities Project (#37600059).

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

DISCUSSION:

On June 24, 2024, the City Council authorized the award of a construction contract to the lowest responsible and responsive bidder, GA Technical Services, Inc, in the amount of $1,443,140.00 with a 10% contingency in the amount of $144,314.00 for the ARPA Fiber to City Facilities Project (#37600059). The improvements consisted of installing new conduit and fiber throughout the City to connect multiple City facilities to our Central Police Station, Traffic Management Center (TMC), and Information Technology programs and systems. These facilities included Mary Vagle Center, South Fontana Park, Martin Tudor Jurupa Hills Regional Park, Cypress Neighborhood Center/Central City Park, Heritage Neighborhood Center, Don Day Neighborhood Center, and Fire Station 74.

On February 25, 2025, the City Council authorized an increase in contingency in the amount of $500,000.00 for additional installation of conduit, fiber optic cable, and other appurtenant equipment throughout the City to close gaps in the network and expand the existing infrastructure to enhance the City’s Traffic Management Communication System and further the City’s goal to complete the Traffic Signal Communications Network Master Plan.

GA Technical Services, Inc completed the construction of the project on September 24, 2026. The project was successfully completed for the final contract amount of $2,041,991.16, an increase of

41.5% from the original contract amount of $1,443,140.00 and 2.18% under the total project construction budget authorized. All work has been completed to the satisfaction of the City.

FISCAL IMPACT:

As part of the action to accept the construction of the ARPA Fiber to City Facilities Project (#37600059) as complete, the City will take over the operation and maintenance of this infrastructure.

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File #: 26-1288 Agenda Date: 10/13/2026
Agenda #: S. Category: Consent Calendar
Appropriate funding for the maintenance work is included in the FY 2026-2027 budget under the Innovation and Technology Department, Infrastructure Division and the Public Works & Engineering Department, Traffic Division.

MOTION:

Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 10/7/2026
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N
0 1 inch = 600 feet
600 1200

PROJECT LOCATION

FONTANA FIBER OPTIC CONNECTIVITY PROJECT
SEGMENT: MARY VAGLE NATURE CENTER
596
N
0 1 inch = 600 feet
600 1200

PROJECT LOCATION

FONTANA FIBER OPTIC CONNECTIVITY PROJECT
SEGMENT: SOUTH FONTANA PARK
597
N
0 1 inch = 600 feet
600 1200

PROJECT LOCATION

FONTANA FIBER OPTIC CONNECTIVITY PROJECT
SEGMENT: MARTIN TUDOR JURUPA HILLS REGIONAL PARK
598

PROJECT LOCATION

FONTANA FIBER OPTIC CONNECTIVITY PROJECT
SEGMENT: CYPRESS NEIGHBORHOOD CENTER

AND CENTRAL CITY PARK
N
0 1 inch = 800 feet
800 1600
599
N
0 1 inch = 600 feet
600 1200

PROJECT LOCATION

FONTANA FIBER OPTIC CONNECTIVITY PROJECT
SEGMENT: HERITAGE NEIGHBORHOOD CENTER
600

FONTANA FIBER OPTIC CONNECTIVITY PROJECT
SEGMENT: DON DAY NEIGHBORHOOD CENTER
AND FIRE STATION 74
N
0 1 inch = 800 feet
800 1600

PROJECT LOCATION
601
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1289 Agenda Date: 10/13/2026
Agenda #: T. Category: Consent Calendar
FROM:

Administrative Services
SUBJECT:

Authorization of Expenditures for the City of Fontana 2027 Rose Parade Project RECOMMENDATION:

1. Authorize the City Manager, or designee, to enter into an agreement with Phoenix Decorating Company for float design and construction services associated with the City of Fontana’s participation in the 2027 Rose Parade, subject to approval as to form by the City Attorney; and

2. Authorize the necessary budget adjustments to be incorporated into the Fiscal Year 2026/27 First Quarter Budget Status Report for an amount not to exceed $500,000 for costs associated with the City’s participation in the 2027 Rose Parade, including float design and construction, transportation, logistics, decorating activities, and other related project expenses.

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.

DISCUSSION:

The City of Fontana will participate in the 2027 Rose Parade as part of the City’s celebration of its 75th anniversary. The Rose Parade provides a unique opportunity to commemorate this milestone while highlighting Fontana’s history, community, and future to a regional, national, and international audience.

Planning for the City’s participation is underway and includes the design and construction of a Rose Parade float, as well as associated transportation, decorating, logistical, operational, and project support costs. The City intends to contract with Phoenix Decorating Company for float design and construction services. Staff is requesting authorization for the City Manager, or designee, to enter into the agreement on behalf of the City, subject to approval as to form by the City Attorney.

Because the project was developed after preparation of the Fiscal Year 2026/27 adopted budget, funding for the City’s participation was not included in the adopted budget. Staff is requesting authorization to expend up to $500,000 for the project, with the necessary budget adjustments to be reflected in the Fiscal Year 2026/27 First Quarter Budget Status Report.

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File #: 26-1289 Agenda Date: 10/13/2026
Agenda #: T. Category: Consent Calendar
The City is also pursuing private contributions and other support for this project. Any outside funding received will offset the City’s ultimate expenditure and reduce the net cost to the General Fund.

FISCAL IMPACT:

Funding for the 2027 Rose Parade Project was not included in the Fiscal Year 2026/27 adopted budget. Expenditure authority of up to $500,000 will be incorporated into the Fiscal Year 2026/27 First Quarter Budget Status Report.

Private contributions received for the project will offset City expenditures, reducing the net cost to the General Fund.

MOTION:

Approve Staff Recommendation
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City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1290 Agenda Date: 10/13/2026
Agenda #: U. Category: Consent Calendar
FROM:

City Manager's Office
SUBJECT:

Special Event Request to serve cultural spirits at a proposed Colombian Festival at Miller Park in July of 2027
RECOMMENDATION:

Approve with conditions a special event permit allowing the sale and service of a cultural spirit at a Colombian Festival.

COUNCIL GOALS:
· Operate in a businesslike manner by creating a memorable customer experience with every interaction.
· Promote economic development by pursuing business attraction, retention, and expansion. · Increase citizen involvement by seeking community input.

DISCUSSION:

A Special Event Application was submitted to the Community Services Department to propose the Tunios Festival Colombiano at the Miller Park Amphitheater. The organizers, Tunjo Entertainment, requested an exemption to sell and serve the cultural spirit “Aquardiente” (a distilled liquor with 24- 29% alcohol by volume, stronger than most beer and wine, but weaker than typical vodka or whiskey.) The exemption would be coupled with the permitted sale and service of beer and wine to individuals 21 and older. Tunjo Entertainment will be required to submit a valid, up-to-date Alcohol Beverage Control license and permit and abide by the conditions attached.

The details of the event are below:

Event: Tunios Festival Colombiano
Date: Saturday, July 10, 2027 (tentative)
Set-up: 7:00am-12:00pm
Time: 12:00pm-10:00pm
Breakdown: 10:00pm-12:00pm
Location: Miller Park Amphitheater
This gated, ticketed event will feature Colombian-style music and dance entertainment as well as Colombian cultural food for sale to event attendees. The event promoter, Tunjo Entertainment, has previously held this event at Guasti Regional Park, a San Bernardino County Park, for the last 2 years. Tunjo Entertainment is familiar with the requirements and guidelines of hosting an event with a government entity. Tunjo Entertainment will be required to submit the following items at least 30-days prior to their proposed date:

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File #: 26-1290 Agenda Date: 10/13/2026
Agenda #: U. Category: Consent Calendar
· Certificate of Insurance for the event
· Certificate of Insurance for any 3rd party vendor
· A valid, up-to-date City of Fontana Business License
· An approved San Bernardino County Event Permit
· An approved San Bernardino County Temporary Food Facility Permit · An approved San Bernardino County Fire Special Event Temporary Permit · A full list of planned vendors
- All vendors must possess applicable licenses and permits FISCAL IMPACT:

Tunjo Entertainment will pay all applicable rental fees and staff fees (including Police Department Personnel) required by the Community Services, Police, and Public Works departments.

MOTION:

Approve staff’s recommendation
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CONDITIONS OF APPROVAL
AS IT PERTAINS ALCHOHOL FOR TUNJO’S COLOMBIAN FESTIVAL EVENT  The hours of outdoor alcohol sales, consumption, or possession will be from 12:00 p.m. to 10:00 p.m. Last call for alcoholic beverages will be at 9:30 p.m.  The sales and service of alcohol will end at 9:30 p.m.  No alcohol is allowed outside the interior fenced area of Miller Park.  No alcohol will be allowed into “Kid Zone”.
 Fontana PD will mandate police presence and supervision at the cost of the vendor.
 The number of officers required is subject to change based on the number of ticket sales.
 Code of Conduct to be placed at entrances and throughout the event. Security guards to strictly enforce the code of conduct that is in place.  Must supply a site plan for the entire event area for City approval. Any structures (i.e. Tents, Stage, Signage, etc.) will required plan check review by the Development Services and/or Fire Department.
 The sales or service of alcohol shall be limited to two (2) drinks per person at any one time.
 No sales or service of alcohol to minors.
 No sales or service of alcohol to intoxicated patrons.  Alcoholic beverages may be served and operated by an employee who is an ABC certified vendor. Non-alcoholic beverages must also be available.  Wristbands will be given to patrons 21 years of age or older who are consuming alcohol.
606
 The security guards will be responsible to verify patrons are 21 years of age or older by their government issued identification. Wristbands will be issued at ID check booth within the event.
 Security guards will be responsible for preventing alcoholic beverages from leaving the event area and/or designated consumption area. The security guards will also be responsible for ensuring outside alcoholic beverages are not brought into the event area.
 Alcoholic beverages will be served in plastic cups or manufactured cans no larger than 16 ounces for beer or 12 ounces for distilled spirits.  No glass containers are allowed.
 No outside alcoholic beverages or contraband allowed.  If alcoholic beverages are sold in manufactured cans, beer cans shall be opened by staff prior to providing it to patron.
 A copy of the ABC issued conditions and Special Event Permit conditions will be posted at the alcohol service location.
 All ABC Daily License permit conditions shall also be obeyed.  Event coordinators must be present in event area to monitor guests and enforce these conditions.
 Organizers will comply with any police request as needed during the day of the event to keep the function in compliance.
607
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1291 Agenda Date: 10/13/2026
Agenda #: V. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Police Department Monthly Information Update
RECOMMENDATION:

Accept the Police Department monthly information update for July 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 July 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
July 2026
609

NOTEWORTHY EVENTS
• Fontana Police added approximately 70 personnel to work the July 4th holiday. • Chief Dorsey Hested a Business Watch meeting with local businesses. • Fontana Police and FUSD Police partnered and hosted 8 separate E-Bike safety seminars. • Fontana Police hosted the annual Fontana Police Department Teen Citizen Academy event. • Sergeant Weiske graduated the Sherman Block Supervisor Leadership Academy. • Lieutenant Slusser hosted an Area 1 Area Commander Meeting at Jesse Turner Center. • Chief Dorsey and the Fontana Police Chief’s Roundtable partnered with the “I Can” Foundation and hosted a back-to-school backpack giveaway and flag football tournament at South Fontana Park.
• Fontana Police hosted a Leadership Explorer Academy.

KA1
610
Slide 2
KA1 Kevin Anderson, 2/9/2021
611
612

CITYWIDE
• Priority 1 response time- 4:43(Emergency calls like subject not breathing, shots fired, and other immediate risk to life/safety)
• Calls for service- 9,857
• Total arrests- 665
• Hispanic- 440, White- 95 , Black- 104, All other races-26 • Total Group A Offenses- 707
• Crimes Against Persons- 179
• Crimes Against Property- 307
• Crimes Against Society- 221
613
CITYWIDE • Crimes Against Person- 179
• Homicide- 0
• Sex Offenses- 17
• Assault- 148
• Kidnapping- 6
• Other- 8
• Crimes Against Property- 307
• Robbery- 4
• Burglary- 24
• Larceny- 139
• Destruction of Property- 34
• Fraud- 38
• Possession of Stolen Property- 25
• Motor Vehicle Theft- 37
• Other Miscellaneous Property Crimes- 6
• Crimes Against Society- 221
• Drug and Paraphernalia Possession- 196
• Possession of Child Pornography- 0
• Possession of Weapons- 25
• Other Miscellaneous Crimes- 0
614

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
615
BEAT 1

AREA COMMANDER IS LIEUTENANT KYLE SLUSSER
EMAIL- [email protected]
DESK- (909) 350-7716
• Total Group A Offenses- 65
• Crimes Against Persons- 23
• Crimes Against Property- 36
• Crimes Against Society- 6
616
BEAT 2

AREA COMMANDER IS LIEUTENANT MATT KRAUT
EMAIL- [email protected]
DESK- (909) 356-7142
• Total Group A Offenses- 169
• Crimes Against Persons- 50
• Crimes Against Property- 84
• Crimes Against Society- 35
617
BEAT 3

AREA COMMANDER IS LIEUTENANT ADAM CLABAUGH
EMAIL – [email protected]
DESK – (909) 350-7706
• Total Group A Offenses- 363
• Crimes Against Persons- 90
• Crimes Against Property- 108
• Crimes Against Society- 165
618
Beat 4

AREA COMMANDER IS LIEUTENANT KEITH ZAGORIN
EMAIL – [email protected]
DESK – (909) 350-7707
• Total Group A Offenses- 110
• Crimes Against Persons- 16
• Crimes Against Property- 79
• Crimes Against Society- 15
619

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] 620
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1292 Agenda Date: 10/13/2026
Agenda #: W. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Police Department Monthly Information Update
RECOMMENDATION:

Accept the Police Department monthly information update for August 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 August 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
Aigust 2026
622

NOTEWORTHY EVENTS
• Fontana Police hosted National Night Out at Miller Park. • Fontana Police in partnership with LifeStream Blood Bank hosted a blood drive in the PD EOC. • Fontana Police partnered with Target and hosted a “Keepin’ it cool with the Cops” event at Target in the south end.
• Fontana Police COPE unit received an excellence award from FUSD. • COPE participated in the Regional Autism Safety Fair hosted at Miller Park. • Fontana Police participated in the “CAP CARES” event at Kohls.

KA1
623
Slide 2
KA1 Kevin Anderson, 2/9/2021
624
625

CITYWIDE
• Priority 1 response time- 5:04 (Emergency calls like subject not breathing, shots fired, and other immediate risk to life/safety)
• Calls for service- 9,417
• Total arrests- 668
• Hispanic- 472, White- 82 , Black- 89, All other races-25 • Total Group A Offenses- 631
• Crimes Against Persons- 136
• Crimes Against Property- 307
• Crimes Against Society- 188
626
CITYWIDE • Crimes Against Person- 136
• Homicide- 2
• Sex Offenses- 8
• Assault- 119
• Kidnapping- 2
• Other- 7
• Crimes Against Property- 307
• Robbery- 10
• Burglary- 21
• Larceny- 161
• Destruction of Property- 30
• Fraud- 33
• Possession of Stolen Property- 20
• Motor Vehicle Theft- 26
• Other Miscellaneous Property Crimes- 6
• Crimes Against Society- 188
• Drug and Paraphernalia Possession- 168
• Possession of Child Pornography- 1
• Possession of Weapons- 18
• Other Miscellaneous Crimes- 1
627

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
628
BEAT 1

AREA COMMANDER IS LIEUTENANT KYLE SLUSSER
EMAIL- [email protected]
DESK- (909) 350-7716
• Total Group A Offenses- 55
• Crimes Against Persons- 12
• Crimes Against Property- 36
• Crimes Against Society- 7
629
BEAT 2

AREA COMMANDER IS LIEUTENANT MATT KRAUT
EMAIL- [email protected]
DESK- (909) 356-7142
• Total Group A Offenses- 136
• Crimes Against Persons- 36
• Crimes Against Property- 76
• Crimes Against Society- 24
630
BEAT 3

AREA COMMANDER IS LIEUTENANT ADAM CLABAUGH
EMAIL – [email protected]
DESK – (909) 350-7706
• Total Group A Offenses- 329
• Crimes Against Persons- 71
• Crimes Against Property- 118
• Crimes Against Society- 140
631
Beat 4

AREA COMMANDER IS LIEUTENANT KEITH ZAGORIN
EMAIL – [email protected]
DESK – (909) 350-7707
• Total Group A Offenses- 111
• Crimes Against Persons- 17
• Crimes Against Property- 77
• Crimes Against Society- 17
632

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] 633
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1293 Agenda Date: 10/13/2026
Agenda #: X. Category: Consent Calendar
FROM:

Community Services
SUBJECT:

New rental fee for the City of Fontana parking structure located at 16948 Arrow Blvd.

RECOMMENDATION:

Approve new User Fee for the rental of the East Parking Structure.

COUNCIL GOALS:
· Improve public safety by increasing operational efficiency, visibility and availability. · Operate in a businesslike manner by ensuring that the public debate is based on accurate information.
· Increase citizen involvement by seeking community input.

DISCUSSION:

The City of Fontana, through the Community Services Department, has been receiving and reviewing an increasing number of Special Event Applications from outside organizations seeking to host largescale events at the Miller Park Amphitheater and the surrounding area. The submitting organizations have expressed interest in renting the entire parking structure for the exclusive use of their hosted events.

In response, the Community Services Department, in collaboration with the Public Works Department, is proposing a rental fee of $1,500.00 per day or approximately $5.00 per parking stall which is a reasonable market rate. The Community Services Department will permit the rental and collect the fees. Public Works will assist with use, ensuring the structure is opened and closed at the proper times.

Only renting organizations will be permitted to rent the parking structure; no individual will be authorized to rent the parking structure for individual profit. Renting organizations must provide a City of Fontana Business License and a Certificate of Insurance listing the City of Fontana as “Additionally Insured.”
FISCAL IMPACT:

The fiscal impact associated with the approval of this item is the establishment of the Parking Structure Rental Fee of $1,500 per event and is expected to generate $4,500.00 in annual revenue.

MOTION:

Approve the new “Parking Structure Rental” User Fee.

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City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1294 Agenda Date: 10/13/2026
Agenda #: Y. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve a Task Order for Geotechnical and Materials Testing Services with Geocon West, Inc. and Amendment No. 2 for Construction Support Services to Task Order No. 1 with Jacobs for the Etiwanda-Slover Intersection Improvement Project
RECOMMENDATION:

1. Approve and authorize the City Manager to enter into a Task Order Agreement with Geocon West, Inc. for the Etiwanda-Slover Intersection Improvement Project (DE-24-195-SQ-23) in the amount of $282,414.72.

2. Approve and authorize the City Manager to enter into Amendment No. 2 to Task Order No. 1 with Jacobs for the Etiwanda-Slover Intersection Improvement Project (SQ-87-DE-19) in the amount of $169,700.00, for a total task order amount of $387,397.00.

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 focusing on relief of traffic congestion.
· To invest in the City’s infrastructure (streets, sewers, parks, etc.) by utilizing Measure-I Funds wisely.

DISCUSSION:

The Etiwanda-Slover Intersection Improvement Project will widen the intersection, modify the existing traffic signal, install sidewalks, storm drain improvements, and street lighting. The widening of the intersection will enhance overall traffic circulation for both the City of Fontana and Ontario. Through a Cooperative Agreement with the City of Ontario entered into on December 18, 2018, Fontana is the lead agency for the project while it is partially located in the City of Ontario.

On August 27, 2026, the City issued a Request for Proposals (RFP) to the Pre-Qualified Geotechnical Engineering Firms list approved by the City Council. The RFP outlined a specific scope of geotechnical and materials testing services during the construction of the Etiwanda-Slover Intersection Improvement Project. Geocon West, Inc. was the only firm to submit a cost proposal in the amount of $282,414.72.

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File #: 26-1294 Agenda Date: 10/13/2026
Agenda #: Y. Category: Consent Calendar
On May 3, 2021, the City issued a Task Order to Jacobs in the amount of $199,217.00 to update the plans based on a newer survey for the Etiwanda-Slover Intersection Improvement Project. On January 3, 2023, Amendment No. 1 to the Task Order was issued in the amount of $18,480.00 for a total amount of $217,697.00, for additional design changes specific to the ADO property in the City of Ontario as a result of the acquisition of land from ADO Holdings, LP.

Amendment No. 2 to the Task Order with Jacobs is necessary as the project moves from the design phase into the construction phase. Engineering services by the project designer are often needed to ensure compliance with design standards and requirements. Jacobs will provide construction management support services that include submittal review, request for information responses, field verification, and record drawing preparation to ensure the construction is compliance with the project design. Amendment No. 2 will account for all anticipated engineering services by Jacobs during the construction, in the amount not to exceed $169,700.00.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is $452,114.72 for the full term of the agreements and is included in the Fiscal Year 2026/2027 budget in 37603350-245-D-8112 and 37603350-630-D-8112 (Measure I-Arterial and Circulation Mitigation Funds) for the Geocon West, Inc. Task Order, and 37603350-245-D-8130 and 37603350-630-D-8130 (Measure I-Arterial and Circulation Mitigation Funds) for the Jacobs Task Order Amendment.

MOTION:

Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 10/7/2026
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PROJECT LOCATION

ETIWANDA AVENUE AT SLOVER AVENUE/AIRPORT DRIVE
SCE UNDERGROUNDING PROJECT SB-02-DE-22
INTERSECTION WIDENING PROJECT 637
SUBMITTED BY:

Geocon West, Inc.
24711 Redlands Blvd, Unit A
Loma Linda, CA 92354
909.894.2175
www.geoconinc.com
Neal Berliner, PE, GE, President
Principal Engineer
COST

PROPOSAL

GEOTECHNICAL SERVICES FOR ETIWANDA AVENUE AND

SLOVER AVENUE/AIRPORT DRIVE INTERSECTION
IMPROVEMENT PROJECT DE-24-195-SQ-23
SEPTEMBER 17, 2026, 2:00 PM
SUBMITTED TO:

City of Fontana, Purchasing Division
8353 Sierra Avenue
Fontana, CA 92335
Attention: Elia Alvarez
638
Portland Cement Concrete (Excludes Signal Pole
Foundations) Rate Units / Hours Total
Sampling of Fresh Portland Cement Concrete (Required
when performing the following tests: ASTM C143, C173,
C231, C138, C191, C266, CT515, CT530)
$188.65 56 $10,564.40
Compressive Strength Testing of Portland Cement
Concrete (Each test shall include four - 6”x12” cylinders; Molding and Curing shall be per ASTM C31 and shall be
included in this cost for this item; Bid is per each
cylinder obtained; Assumes 8 total tests)
$30.00 32 $960.00
Slump of Portland Cement Concrete Included** 16 na
Air Content of Portland Cement Concrete Included** 16 na Unit Weight Yield of Portland Cement Concrete Included** 16 na Setting of Mortar of Portland Cement Concrete Included** 16 na Mortar Cube Test for Portland Cement Concrete $90.00 16 $1,440.00 Drying Shrinkage for Portland Cement Concrete $395.00 16 $6,320.00 Gradation and Percentage Wear of Crushed Rock and $200.00 4 $800.00 Cleanness Value of Coarse Aggregate for Portland $165.00 4 $660.00 Percentage Wear of Coarse Aggregate for Portland $200.00 4 $800.00 Specific Gravity of Coarse Aggregate for Portland $125.00 4 $500.00 Organic Impurities of Sand for Portland Cement $75.00 4 $300.00 Sand Equivalent/ Moving Average of Sand for Portland $110.00 4 $440.00 Soundness of Sand for Portland Cement Concrete $410.00 4 $1,640.00 $24,424.40
Cast-In-Place Drilled Holes (CIDH) (Traffic Signal Pole & Street Light Foundations)
Sieve Analysis for Aggregate (Fine /Coarse) for Portland Cement Concrete 150 1 $150.00
Cleanness Value for Aggregate (Coarse) for Portland
Cement Concrete 165 1 $165.00
Sand Equivalent for Aggregate (Fine) 110 1 $110.00
Sampling of Fresh Portland Cement Concrete (Required
when performing the following tests: ASTM C143, C173,
C231, C138, C191, C266, CT515, CT530)
188.65 4 $754.60
Slump/Penetration Test for Portland Cement Concrete Included** 10 na Compressive Strength Testing of Portland Cement
Concrete (Each test shall include four - 6”x12” cylinders; Molding and Curing shall be per ASTM C31 and shall be
included in this cost for this item; Bid is per each
cylinder obtained; Assumes 13 total tests)
30 52 $1,560.00
$2,739.60
Asphalt Concrete Pavement
HVEEM Stability Test (S-Value) of Asphalt Concrete $200.00 4 $800.00 Combined Aggregate Gradation of Asphalt Concrete
(AC) $150.00 4 $600.00
Asphalt Binder Content/ Gradation $150.00 4 $600.00
Asphalt Concrete (AC) Field Density Test $187.73 144 $27,033.12 Asphalt Concrete (AC) Lab Density Test $200.00 2 $400.00 $29,433.12
Subgrade / Trench Backfill (Native Soil)
Laboratory Maximum Density Testing of Native Soil 250 2 $500.00 Field Density/Relative Compaction of Native Soil 187.73 560 $105,128.80 $105,628.80
** Included with Special Inspection Hourly Rate
Laboratory
27 28
Laboratory
Engineering Field Technician*
SUBTOTAL:
16 17
18 19
20 21
Laboratory
Laboratory
Laboratory
Special Inspector*
Laboratory
14 Laboratory
Laboratory
Laboratory
Laboratory
Laboratory
Laboratory
Laboratory
Laboratory
Laboratory
Laboratory
Laboratory
Laboratory
Laboratory
9 10
11 12
13 4
5 6
7 8
SUBTOTAL:

COST ESTIMATE SHEET
City of Fontana Etiwanda Avenue and Slover Avenue / Airport Drive Intersection Improvement Project Fontana, California
Personnel
Special Inspector*
Proposal
Item No.
1 GEOTECHNICAL SOILS AND MATERIALS TESTING SERVICES
15 Laboratory
2 3
22 23
24 25
SUBTOTAL:

SUBTOTAL:

Laboratory
Laboratory
Laboratory
Engineering Field Technician*
* Prevailing Wage Rates; includes nuclear density gauge, special inspection equipment, and vehicle charges (as applicable) 26 Laboratory
639
Subgrade (CMB)
Laboratory Maximum Density Testing of CMB $250.00 2 $500.00 Field Density/Relative Compaction of CMB $187.73 560 $105,128.80 Sieve Analysis of CMB $150.00 1 $150.00
Grading of CMB $150.00 1 $150.00
R-Value of CMB $285.00 1 $285.00
Sand Equivalent of CMB $110.00 1 $110.00
Percentage Wear of CMB $200.00 1 $200.00
Durability of CMB $165.00 1 $165.00
$106,688.80
Office
Project Management $12,000.00 1 $12,000.00
Prepare Test Results Summary Report (Separate from
onsite summary report) $1,500.00 1 $1,500.00
$13,500.00
TOTAL BUDGET: $282,414.72
** Included with Special Inspection Hourly Rate
34 35
36 Engineering Field Technician*
Laboratory
Laboratory
Laboratory
Laboratory
Laboratory
Laboratory
30 31
32 33
Laboratory

COST ESTIMATE SHEET - CONTINUED
City of Fontana Etiwanda Avenue and Slover Avenue / Airport Drive Intersection Improvement Project Fontana, California

GEOTECHNICAL SOILS AND MATERIALS TESTING SERVICES
Geocon Project Team
Geocon Project Team
37 38
29 SUBTOTAL:
* Prevailing Wage Rates; includes nuclear density gauge, special inspection equipment, and vehicle charges (as applicable) SUBTOTAL:
640
2015 W. Park Avenue, Suite 1 Redlands, California 92373 Telephone 909.894.2175 Fax 909.283.7160

SCHEDULE OF FEES FOR CITY OF
FY2024/25

PROFESSIONAL SERVICES
FY2024/25
7/1/24 to 6/30/25
Loaded Rates
Principal Engineer .............................................................................................. . $ 266.07 Senior Engineer .................................................................................................. . $ 249.44 Sr. Project Engineer............................................................................................. $ 194.57 Project Engineer .................................................................................................. $ 142.45 Staff Engineer...................................................................................................... $ 105.20 Senior Geologist .................................................................................................. $ 212.59 Sr. Project Geologist ........................................................................................... $ 166.30 Staff Geologist .................................................................................................... $ 94.79 Senior Field Technician ...................................................................................... $ 109.69 Senior Field Technician - Prevailing Wage ......................................................... $ 167.73 Field Technician .................................................................................................. $ 82.05 Field Technician - Prevailing Wage .................................................................... $ 167.73 Special Inspection ............................................................................................... $ 91.06 Special Inspection - Prevailing Wage .................................................................. $ 173.65 Draftsman ............................................................................................................ $ 83.15 Word Processing ................................................................................................ . $ 77.33 Overtime/Saturday Rate/Night Rate (7pm – 6am w/ 8-Hr minimum per call out) ................................................... 1.5 X Regular Hourly Rate Sunday and Holiday Rate .............................................................................................................................................. 2 X Regular Hourly Rate Minimum Field Services Fee (per day or per call-out) ............................................................................................................................... 4 Hours Short-Notice Cancellation (after 4 pm of the day prior to the scheduled inspection time) ......................................................................... 4 Hours Short-Notice Cancellation (upon or after arrival at jobsite) ........................................................................................................................ 4 Hours *Prevailing Wage (PW) California Labor Code §1720, et. Seq add $50/hr TRAVEL
Personnel................................................................................................................................................................................... Regular Hourly Rate Subsistence (Per Diem) ................................................................................................................................................................................ $200/day Vehicle Mileage ......................................................................................................................................................................................... 0.60/mile

EQUIPMENT, MATERIALS, & ANALYTICAL TESTS
Nuclear Density Gauge ............................................................... $10/hr 55-Gallon Drum ............................................................................ 65/ea Sand Cone Testing Equipment...................................................... 10/hr Visqeen (6 mil 20X100’) .......................................................... 135/roll Vehicle .......................................................................................... 10/hr Traffic Cones/Barricades ........................................................... 35/day Special Inspection Equipment ........................................................ 5/hr TPHg(EPA 8015B) ...................................................................... 70/ea Asphalt Cold Patch/Concrete (60-lb.), Cement (94-lb.) ..............20/bag TPHd/TPHmo........................................................(EPA 8015M) 75/ea GPS Unit ...................................................................................160/day TPH Carbon Chain Breakdown ..........................(EPA 8015M) 110/ea Pick-up Truck ...........................................................................125/day Direct-Push Rig/Operator........................................... 165/190(PW)*/hr Direct-Push Sample Liner ............................................................. 10/ea Methanol and/or Ethanol (EPA 8015M) .................................... 110/ea Volatile Organic Compounds ............................. (EPA 8260B) 110/ea Semi-Volatile Organic Compounds ....................... (EPA 8270) 180/ea Hand-Auger ................................................................................40/day PAHs (EPA 8270SIM) .............................................................. 160/ea Soil Sample Tube (Brass or Stainless) ......................................... 10/ea Bailer (Reusable) ........................................................................33/day CAM 17 Metals (EPA 6010B) ................................................... 170/ea Single Metal ..........................................................(EPA 6010B) 20/ea Bailer (Disposable) ....................................................................... 15/ea Hexavalent Chrome (EPA 7199) ................................................. 60/ea Stainless Sampling Pump .......................................................$150/day Battery-Powered Pump ..............................................................75/day Organochlorine Pesticides (EPA 8081) ..................................... 110/ea Organophosphorus Pesticides (EPA 8141) ................................ 125/ea Water Level Indicator ................................................................ 40/day Interface Probe ........................................................................... 85/day Photo-Ionization Meter ............................................................ 125/day Combustible Gas Meter ........................................................... 125/day Chlorinated Herbicides (EPA 8151) .......................................... 125/ea PCBs (EPA 8082) ........................................................................ 75/ea Soil pH (EPA 9045C) ................................................................... 20/ea WET or TCLP Extraction ............................................................ 75/ea pH/Conductivity/Temperature Meter .........................................50/day Turbidity Meter .......................................................................... 80/day Air Sampling Pump .................................................................... 80/day Level D PPE/Decon Rinse Equipment ....................................... 50/day Concrete Coring Equipment ..................................................... 165/day Generator or Air Compressor ................................................... 100/day Distilled Water (5-gallon) ............................................................ 15/ea EPA 5035 Sample Kits ................................................................ 25/ea Asbestos (PLM) ........................................................................... 20/ea Asbestos (400-point count) ........................................................... 45/ea Sample Compositing ....................................................... 20/composite 48-hour Turnaround Time ............................................ 60% surcharge 72-hour Turnaround Time ............................................ 40% surcharge Accounting Code: SOF HES25 / LAB GW20
EXHIBIT "B"
Docusign Envelope ID: 6FC4DE44-CE49-4A9C-96B9-E6E7F247BBAE 641
- 2 -
LABORATORY TESTS* COMPACTION CURVES SOIL AND AGGREGATE PROPERTIES (D698/D1557/T99/T108) 4-inch mold ...................................... $250/ea (D422/T88) Particle Size, Hydrometer w/out Sieve ................. $210/ea (D698/D1557/T99/T108) 6-inch mold........................................ 250/ea (C136/D6913/T27) Sieve, Coarse to Fine w/ #200 Wash .......... 150/ea (CT 216) California Impact ........................................................ 250/ea (C136/D6913/T27) Sieve, Coarse or Fine w/ #200 Wash .......... 125/ea Check Point ................................................................................ 100/ea (C136/D6913/T27) Sieve, Coarse or Fine No #200 Wash ......... 100/ea (D1632/CT312) Soil Cement Cyl. Fabrication (Set of 3) ......... 150/set (C117/D1140/T11) Materials Finer than #200 ............................. 90/ea (D1632/CT312) Soil Cement Cyl. Fabrication (Addtl. Spec.) .....50/ea (D2216/T265/CT226) Moisture Content ...................................... 30/ea (D1633/CT312) Soil Cement Comp. Strength (Set of 3) .......... 300/set (D2487/D2488) Visual Soil Classification ................................... 30/ea (D1633/CT312) Soil Cement Comp. Strength (Addtl. Spec.) .... 100/ea (D2937) Density of In-Place Soil, Drive-Cyl. Method................. 45/ea SOIL AND AGGREGATE STABILITY (D4943) Shrinkage Factors of Soils, Wax Method ....................... 55/ea (D2844/CT301) Resistance Value ............................................$285/ea (C131/C535/CT211) L.A. Abrasion Resistance ....................... $200/ea (D2844/CT301) Resistance Value, Treated ................................290/ea (C142/T112) Clay Lumps and Friable Particles ......................... 170/ea (D1883) California Bearing Ratio ..............................................530/ea SOIL AND AGGREGATE PROPERTIES (CONTD.) (C977) Stabilization Ability of Lime ..........................................185/ea (C123/T113) Light Weight Particles .......................................... 245/ea (D1883) Calif. Bearing Ratio (Army Corp of Engineers) ..........105/ea (D3744/CT229/T210) Durability Index Fine ............................. 165/ea CHEMICAL ANALYSIS (D3744/CT229/T210) Durability Index Coarse ......................... 165/ea (G187/CT643/T288) pH and Resistivity ................................... $150/ea (CT227) Cleanness Value .......................................................... 165/ea (D4972/T289) pH Only ................................................................ 50/ea (D4791) Flat & Elongated Particles ........................................... 150/ea (CT417) Sulfate Content............................................................. 100/ea (D693/CT205) Percent Crushed Particles .................................. 145/ea (CT422) Chloride Content .......................................................... 100/ea (D5821) Percent. of Fractured Particles, Coarse Aggregate ....... 140/ea (D2974) Organic Content ............................................................. 75/ea (C40/CT213/T21) Organic Impurities .......................................... 75/ea PERMEABILITY, CONSOLIDATION AND EXPANSION (C235) Soft Hardness (Scratch Hardness) ................................. 100/ea (D5084) Permeability, Flexible Wall ........................................ $270/ea (C88/CT214/T104) Sulfate Soundness ....................................... 410/ea (D5856) Permeability, Rigid Wall .............................................. 260/ea (C1252/T304) Uncompact. Void Content, Fine Aggregate ........ 150/ea (D2434) Permeability, Constant Head ........................................ 280/ea (C127/CT206/T85) Coarse Specific Gravity .............................. 125/ea (D2434) Permeability, FHA Slab-on-Grade ............................... 110/ea (C128/CT207/T84) Fine Specific Gravity .................................. 150/ea (D2434) Permeability, Hourly ...................................................... 55/ea (D854/CT209/T100) Specific Gravity of Soil ............................ 150/ea (D2435/T216) Consolidation (6 pts. w/ Unload) ........................ 350/ea (C29/CT212/T19) Unit Weight & Percent Voids......................... 90/ea (D2435/T216) Consolidation Additional Point w/ Unload ...........65/ea (D2419/CT217/T176) Sand Equivalent...................................... 110/ea (D4546) Swell/Compression Testing & Density ........................ 125/ea (D4318/CT204/T89/T90) Plastic Index (Plastic/Liq. Limit) ..... 200/ea (D4546) Swell/Settlement Testing & Density (ea. addtl. pt.) ......85/ea (D4318/CT204/T89) Liquid Limit ............................................. 100/ea (D4546) Swell/Settlement Testing & Density (County) ............. 100/ea (D4318/CT204/T90) Plastic Limit ............................................. 100/ea (D4546) Swell/Settlement Testing & Density (FHA) ..................90/ea (C330) Spec. for Lightweight Aggregates, Struc. Concrete ........ Quote (D4829) Expansion Index of Soils .............................................. 225/ea SHEAR STRENGTH STEEL TESTING (D2166) Unconfined Compression ........................................... $100/ea Reinforcing Steel Tests: (D3080/T236) Direct Shear (3 points) .......................................325/set (A370) Tensile Strength & Elongation (D3080/T236) Direct Shear Addtl. Points/ea. residual pass ....... 100/ea #11 Bar & Smaller ....................................................$100/ea (D2850) Unconsolidated-Undrained Triaxial Shear ................... 115/ea #14 Bar .......................................................................125/ea (D2850) Unconsolidated-Undrained Triaxial Staged ................. 160/ea #18 Bar (Proof Test) .................................................. 150/ea (D4767) Consolidated-Undrained Triaxial Shear....................... 265/ea (A370) Bend Test (D4767) Consolidated-Undrained Triaxial Staged ..................... 340/ea #11 Bar & Smaller ......................................................$50/ea (EM1110) Consolidated-Drained Triaxial Shear ........................ 375/ea #14 & #18 Bar...............................................................70/ea (EM1110) Consolidated-Drained Triaxial Staged ...................... 480/ea (A370) Tensile - Mechanically Spliced Bar MASONRY**
#11 Bar & Smaller ....................................................$150/ea Concrete Block Test (Sets of 3 Required):
#14 Bar & Larger........................................................190/ea (C140) Unit Weight Moisture Content & Absorption .............. $195/ea (A370) Tensile – Electric Resist. Butt Splice w/ Control ...........150/ea (C140) Moisture Content/Absorption (ea. addtl. specimen) ........ 65/ea (A370) Straightening of bar (if required) ......................................25/ea (C140) Compression Test ........................................................... 195/ea Structural Steel Tests: (C140) Compression Test (ea. addtl. specimen) .......................... 65/ea (A370) Machining & Prep of Test Specimen .....................Cost + 20% (C426) Linear Drying Shrinkage ................................................ 285/ea (A370) Tensile Strength & Elongation (C109/UBC 21-16) Mortar Cylinder (2”x4”) .............................. 30/ea Up to 200,000 lbs ......................................................$100/ea (C942) Grout Prism (3”x3”x6”), trimming included .................... 35/ea 200,000 – 300,000 lbs.................................................125/ea Masonry Prism (Assemblage):
300,000 – 400,000 lbs.................................................................150/ea (C1314) 8”x8”x16” – 8”x12”x16” .......................................... $200/ea Pre-stressing Wire & Tendon Tests: (C1314) 8”x16”x16” – 10”x12”x16” ........................................ 225/ea (A421) Tensile Strength, Single Wire .......................................$150/ea (C1314) 12”x12”x16” – 12”x16”x16” ...................................... 250/ea (A416) Tensile Strength, 7-Wire Strand .....................................175/ea (C1314) Larger than 12”x16”x16” ............................................. Quote EXHIBIT "B"
Docusign Envelope ID: 6FC4DE44-CE49-4A9C-96B9-E6E7F247BBAE 642
- 3 -
LABORATORY TESTS* (CONTINUED)
High Strength Bolt, Nut, & Washer Tests: Brick Test (Set of 5 Specimens):
(A325/A490) Tensile Test on Bolts ..........................................$100/ea (C67) 24-Hour Absorption, Cold Water ...................................$225/set (A563) Proof Load Test on Nuts ................................................100/ea (C67) 5-Hour Absorption, Boiling Water.................................$225/set (A325/A490) Hardness Test on Bolts ...........................................50/ea (C67) Compression Test or Modulus of Rupture .....................$255/set (A536) Hardness Test on Nuts......................................................50/ea (C67) Each Additional Specimen................................................. 45/ea (F436) Hardness Test on Washers ................................................50/ea CONCRETE** Weld Specimen Tests: Mix Designs:
(E164) Ultrasonic Examination....................................Quote (ACI211/ACI214) Concrete Mix Design ................................. $350/ea Machining & Prep of Test Specimen ..................................Cost + 20% (ACI211/ACI214) Review of Concrete Mix Design .................. 350/ea (E381) Macrotech Test (3 Faces) ................................................. $355 (C192) Concrete Trial Mix (includes equipment & labor) ......... 495/ea ASPHALT TESTING Concrete Properties:

Asphalt Properties: (C39/CT521/T22) Comp. Strength, Concrete Cyl...................... $30/ea (D2726/CT308/T166) Bulk Spec. Grav. Compacted HMA ......$100/ea (C42/CT521/T22) Comp. Strength, Concrete/Gunite Core.......... 60/ea (D1560/CT366) Stabilometer Value (HVEEM) ........................200/ea (C78/CT523) Flex. Strength of 6”x6”x21” Concrete Beam ....... 125/ea (D2041) Theoretical Max Specific Gravity ................................175/ea (C174) Length Measuring of Drilled Cores.................................. 75/ea (D5444) Sieve Analysis of Extracted Asphalt ............................215/ea (C1140) Shotcrete Panel-Coring & Testing (Set of 3)................290/set (D6307/CT382) Percent Asphalt, Ignition Method.....................150/ea (C1140) Shotcrete Panel (each addtl. specimen).......................... 90/ea (D1188) Unit Weight of Asphalt Core ..........................................65/ea (C496) Static Modulus of Elasticity ........................................... 200/ea MISCELLANEOUS TESTING SERVICES (C496) Drying Shrinkage (Set of 3, up to 28 days) ....................395/set Calibration of Hydraulic Ram: (C642) Spec. Gravity, Absorp., Voids in Hardened Concrete...... 95/ea 100 Ton & Under ...................................................................... $200/ea 101 Tons – 200 Tons .................................................................. 300/ea (F1869) Vapor Emission Rate, Concrete Subfloor ....................... 50/ea Use of Universal Testing Machine:

UTM with One Operator .......................................................... $320/ea Additional Technician ............................................ Regular Tech Rate Spray Applied Fireproofing:
(E605/E736) Fireproofing Oven Dry Density/Thickness ........... $90/ea *2X Surcharge on rush turn-around for laboratory testing. **Fee applies for sample storage, testing, or disposal.

1. Listed are typical charges for the services most frequently performed by Geocon. Prices for unlisted services as well as special quotations for programs involving volume work will be provided upon request. Laboratory test prices shown are for laboratory work only, and include reporting of routine results not calling for comments, recommendations or conclusions.

2. Sampling and testing is conducted in substantial conformance with the latest applicable or designated specifications of the American Society for Testing and Materials, Caltrans, American Association of State Highway and Transportation Officials, or other pertinent agencies.

3. Saturday, night work, and overtime hours are charged at time and one-half; Sundays and holidays at double time. Per diem is $155.00 per day when location of work dictates.

4. Equipment and materials will be billed at cost plus 15%. Outside services including subcontractors and rental of special equipment are billed at cost plus 15%. Hourly services are billed portal to portal from closest office in accordance with the stated hourly rates herein, with a minimum two-hour charge

5. Invoices will be submitted at four-week intervals. Terms of payment are met upon presentation of invoice. Invoices become delinquent thirty (30) days from invoice date and subject to one and one-half percent (1-1/2%) service charge per month, or the maximum rate allowed by law, whichever is lower. If Client objects to all or any portion of any invoice, Client will so notify Geocon in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and pay that portion of the invoice not in dispute. The parties will immediately make every effort to settle the disputed portion of the invoice. Payment on delinquent invoices will first be applied to accrued interest and then to the principal amount. All time spent and expenses incurred (including any attorney's fees and costs) in connection with collection of any delinquent amount will be paid by Client to Geocon per Geocon's current fee schedule.

6. Client and Geocon shall allocate certain of the risks so that, to the fullest extent permitted by law, Geocon’s (the term “Geocon” includes Geocon’s partners, officers, directors, employees, agents, affiliates, subcontractors and subconsultants) total aggregate liability to Client is limited to the greater of $50,000 or the total compensation received from Client by Geocon for services rendered on this project, for any and all of Client’s injuries, damages, claims, losses, expenses, or claim expenses arising out of this Agreement from any cause or causes, including attorneys’ fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above.

7. Client and Geocon shall allocate certain of the other risks so that, to the fullest extent permitted by law, Client shall limit Geocon’s total aggregate liability to all third parties, including contractors, subcontractors of all tiers, materialmen, and others involved in Client’s project, as well as persons and other entities not involved in the project, to the greater of $100,000 or the total compensation received from Client by Geocon for services rendered on this project, for any and all injuries, damages, cause or causes, including attorneys’ fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above, including all liability incurred by Geocon for acts, errors, or omissions, pursuant to entering into agreements with third parties on behalf of Client in order to obtain access or entry onto property not owned by Client. Client agrees to notify all contractors and subcontractors of any limitation of Geocon’s liability to them, and require them to abide by such limitation for damages suffered by any contractor or subcontractor arising from Geocon’s actions or inactions. Neither the contractor nor any subcontractor assumes any liability for damages to others which may arise on account of Geocon’s actions or inactions.

EXHIBIT "B"
Docusign Envelope ID: 6FC4DE44-CE49-4A9C-96B9-E6E7F247BBAE 643
2600 Michelson Drive, Suite 500
Irvine, CA 92612
Phone: (949)224-7500
9/10/2026, Fax: (949)224-7501
Ms. Kimberly Young
8353 Sierra Avenue
Fontana, CA 92335
Subject: Slover Avenue/Airport Drive and Etiwanda Avenue and UPRR Rail Crossing Improvements - Construction Support Services
Scope of Work
As the Etiwanda Ave at Slover Ave/Airport Dr intersection improvement project has completed the design stage, the project is getting ready to progress into the construction stage. Jacobs team will continue assisting the city with the project by providing construction support services.

At the request of the city, following support services will be provided:
1) RFI review during construction.
2) Structural specific submittal review to ensure materials conform to design specifications. 3) Survey clarification questions during construction if any discrepancies are determined. 4) Include 1 monthly field meeting for the duration of construction to provide guidance on any field design issues.
5) Record drawing preparation based on the contractor’s as-builts at the completion of construction.

Task 1: Project Management and Coordination
• Coordination of meetings, virtual via Teams and field. Assuming once a month for a total of 24 meetings.
• Documents preparation with the city, agencies, and third-party owners. • Meeting and RFI records.
• Manage budget and staffing.
• Contract administration.

Task 2: Bid Support
• None
644
Task 3: RFI review during construction
• Review and respond to RFIs.
• Prepare documents, exhibits, and plans.

Task 4: Structural specific submittal review to ensure materials conform to design specifications
• Review submitted material specification.
• Assume a maximum of 4 submittals.

Task 5: Survey clarification questions during construction if any discrepancies are determined
• Surveyor to review field discrepancies when required.

Task 6: Include 1 monthly field meeting for the duration of construction to provide guidance on any field design issues
• Attend maximum of 1 field meeting per month in field for a total of 12 field meetings Task 7: Record Drawing preparation based on the contractor’s as-builts at the completion of construction
• Prepare as-built drawings as provided by contractors.

Task 8a: Traffic Engineering Support (Jacobs)
• Jacobs coordination services between city and traffic engineer.

Task 8b: Traffic Engineering Support (Egis, Formerly H. W. Lochner/KOA) • Design services during construction.
• Record drawings/ As-built plan preparation.

Deliverables:
• RFI responses and submittal log.
• Applicable design revisions.
• Record drawings/As-built plans.
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Proposed Fee:

TASK DESCRIPTION PM
CIVIL

ENGINEER

STRUCTURE

ENGINEER SURVEYOR
TOTAL
TASK
HOURS

TOTAL TASK
JACOBS
COST
1 Project Management
(Coordination, Contract Admin,
Meetings.) 50 86 136 $26,100
2 Bid Support 0 0 0 0 $0
3 RFI 8 70 36 114 $24,700
4 Structures Specification Review 2 0 40 42 $10,200
5 Survey Support 4 6 20 32 62 $15,200
6 Monthly Field Meetings 12 12 24 48 $10,500
7 Record Drawing and As-Built 4 332 40 376 $72,000
8a Traffic Engineering Support 4 0 0 4 $1.000
8b
Traffic Engineering Support
(Egis, formerly H.W.

Lochner/KOA) $10,000
TOTAL
JACOBS
HOURS 84 506 160 32 782
TOTAL
AMOU
NT TO
BE
REQUES
TED
$ 169,700
646
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1298 Agenda Date: 10/13/2026
Agenda #: Z. Category: Consent Calendar
FROM:

Police Department
SUBJECT:

Approve a sole-source purchase from CellXion Technologies Inc. for replacement equipment and associated system components compatible with the City's existing specialized public-safety technology
RECOMMENDATION:

1. Approve the sole-source purchase of replacement specialized public safety technology and related equipment, software, and support services from CellXion Technologies Inc. in an amount of $900,565.00 plus applicable sales tax.

2. Approve and authorize the City Manager or his assigned designee to enter into documents related to the purchase of a replacement specialized in public safety technology and related equipment, software, and support services.

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.

DISCUSSION:

The Fontana Police Department currently utilizes specialized technology to support authorized public -safety and investigative operations. The existing equipment is coming to the end of its service life and requires replacement to maintain operational continuity, reliability, and manufacturer supported functionality.

The requested equipment and associated system components were originally developed by Jacobs Technology Inc. and are subject to proprietary specifications and non-public distribution restrictions based upon the specialized and proprietary nature of the equipment and systems.

Jacobs Technology Inc. has transferred its sole proprietary ownership interests in the applicable product lines to CellXion Technologies Inc. As the current holder of the applicable proprietary product rights and distribution authority, CellXion Technologies Inc. is the authorized source for the requested replacement equipment and associated components.

The proposed procurement is recommended as a sole-source purchase from CellXion, Technologies, Inc. because the replacement system must maintain compatibility with the City's existing specialized City of Fontana Page 1 of 2 Printed on 10/8/2026
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File #: 26-1298 Agenda Date: 10/13/2026
Agenda #: Z. Category: Consent Calendar
technology, associated equipment, software, configurations, and support environment.

Use of an alternative vendor would require replacement or modification of existing components and infrastructure and could result in compatibility limitations, additional implementation costs, loss of continuity, and/or the inability to maintain existing capabilities.

Per the City’s Purchasing Policies and Procedures Manual, Section 3.1.5 Non-Competitive Proposal may be used when a Sole Source method is utilized. No competitive pricing, such as when equipment, goods, materials, supplies, personal property, or services are unique and are only available from one source. Staff recommends authorization of the purchase from CellXion Technologies Inc. as a sole-source procurement, subject to the City's applicable purchasing policies and procedures.

FISCAL IMPACT:

Funds for this purchase will be included as part of Fiscal Year 2026 - 2027 Mid-Year budget request from Asset Forfeiture Funds, Fund 223, in Project Number 40300013-223-A.

MOTION:

Approve staff recommendation.

City of Fontana Page 2 of 2 Printed on 10/8/2026
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City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1303 Agenda Date: 10/13/2026
Agenda #: AA. Category: Consent Calendar
FROM:

Development Services
SUBJECT:

Commercial Lease Agreement between the City of Fontana and Gina’s Catering and Events, LLC RECOMMENDATION:

1. Approve and authorize the City Manager enter into the Commercial Lease Agreement between the City of Fontana and Gina’s Catering and Events, LLC in the form attached to this Staff Report.

2. Authorize the City Manager to take all necessary actions in furtherance and administration of the Lease.

3. Determine that the authorized actions are exempt from CEQA pursuant to CEQA Guidelines Sections 15301 (Existing Facilities), 15332 (Infill Development Projects), and 15061 (Common Sense Exemption).

4. Determine that the City’s approval of the Lease is in furtherance of the common benefit and the health, safety, and welfare of the City and its residents and visitors through the support and facilitation of the City’s economic development initiatives.

COUNCIL GOALS:
· Promote economic development by concentrating on job creation. · Promote economic development by pursuing business attraction, retention, and expansion. · Promote economic development by establishing a quick, consistent development process. · Promote economic development by being business friendly at all levels and striving to constantly improve the city's competitiveness.

DISCUSSION:

The City of Fontana (City) owns property located at 8470 Nuevo Avenue, Fontana, California, 92335, identified as Assessor Parcel Number 0191-162-35 (the “Property”). The Property is improved with a commercial structure used for restaurant purposes and other related improvements. The Property has a General Plan designation of WMXU-3 (Walkable Mixed Use), and falls within the FBC (Form City of Fontana Page 1 of 3 Printed on 10/7/2026
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File #: 26-1303 Agenda Date: 10/13/2026
Agenda #: AA. Category: Consent Calendar
Based Code) Downtown Core Zoning District
One of several economic goals in the City is to support and encourage a thriving business community within the City. This initiative supports the City and its residents directly and indirectly through the availability of quality local retail, restaurants, and entertainment and associated local tax revenue.

Staff is proposing that the City Council approve a new commercial lease agreement (the “Lease”) for 6,265 rentable square feet within the Property with Gina’s Catering and Events, LLC (the “Tenant”), a business which proposes to open and operate a Café. The proposed use is consistent with the General Plan and Zoning designations for the Property.

The full form of Lease is attached to this Staff Report. The Lease is proposed for a period of 120 months with two (2) five (5) year options to renew. The Tenant would pay to the City a monthly rent starting at $4,500.00 and subject to increases set forth in the Lease, with future lease amounts calculated at a minimum rate equal to approximately 5% of annual sales. Rent shall be abated for the first (3) months after the opening of the business.

During the term of the Lease, the Tenant would be obligated to remain open at least ten (10) hours a day, six (6) days a week for the entire duration of the Lease, and to keep the leased premises orderly, neat, and at all times consistent with applicable laws and requirements.

If the Tenant is in good standing under the Lease, the Tenant may elect to exercise an option to purchase the leased premises between the 6th and 10th Lease year. Any purchase will be approved through a Purchase and Sale Agreement approved by the City Council. In the event the tenant exercises the option to purchase, a Purchase and Sale Agreement will be presented to the City Council for consideration.

The structure and terms of the Lease are intended to assist the Tenant in establishing a strong business operation on the leased premises for the ultimate benefit of the City and its residents. It is further recommended that the City Council determine, by minute order, that adoption of the Lease is in furtherance of the common benefit and the health, safety, and welfare of the City and its residents and visitors.

ANALYSIS:

Approval of the recommended minute orders would authorize the City Manager to enter into the Lease on behalf of the City, and authorize the City Manager to take such further actions as may be necessary to implement the Lease.

In the alternative, the City Council could vote not to approve the Lease, and direct Staff to pursue use of the Property for another purpose.

ENVIRONMENTAL IMPACT AND SURPLUS LAND ACT:

The California Surplus Land Act (SLA) (Gov. Code, §§ 54220 et seq.) requires that local agencies comply with certain requirements prior to selling or entering into long-term leases for public lands.

Consistent with the SLA’s requirements, on July 10, 2026, the City caused a declaration of Exempt Surplus Land to be published in the Fontana Herald News and on the City’s website, consistent with Government Code section 54221 (b). The thirty-day comment period for that notice lapsed on City of Fontana Page 2 of 3 Printed on 10/7/2026
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File #: 26-1303 Agenda Date: 10/13/2026
Agenda #: AA. Category: Consent Calendar
August 9, 2026, and no responses were received.

Approval of the recommended actions is exempt from the California Environmental Quality Act (CEQA) (Pub. Res. Code, §§ 21000 et seq.) pursuant to CEQA Guidelines Sections 15301 (Existing Facilities), 15332 (Infill Development Projects), and 15061 (Common Sense Exemption). (Pub. Res.

Code, § 21065; CEQA Guidelines, §§ 15061, 15301, & 15332.) The Lease would apply to an already developed City-owned structure designed for compatible uses, located in an area of the City where economic activity is planned and expected. Based on the size and type of use, no potentially significant impact to the environment is anticipated.

FISCAL IMPACT:

Approval of the Lease would result in an additional $4,500.00 of monthly base rent after the first three (3) months of the Lease term, which would increase annually. Approval of the Lease may result in additional percentage rent if the Tenant’s annual adjusted gross sales exceed the threshold in the Lease.

Finally, approval of the Lease may result in a positive indirect impact to the City’s sales tax revenue through increased local economic activity. All necessary budget adjustments are included in the First Quarter Budget Status Report in Fund 601 Capital Reinvestment Org 60130106.6332 also being presented on this agenda.

MOTION:

Approve staff’s recommendation.

City of Fontana Page 3 of 3 Printed on 10/7/2026
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1 COMMERCIAL LEASE AGREEMENT
THIS COMMERCIAL LEASE AGREEMENT (the “Lease”) is made and entered into by and between the CITY OF FONTANA, a California municipal corporation (“Landlord”) and GINA'S CATERING & EVENTS, LLC, a California limited liability company (“Tenant”), under the following terms and conditions:

Introduction. Landlord owns the commercial property located at 8470 Nuevo Avenue, Fontana, California, 92335, identified as Assessor Parcel Number 0191-162-35 (the “Property”).

The Property is improved with a commercial structure used for restaurant purposes and other related improvements. As used herein, the term “Project” refers to the real property in the downtown area of Fontana owned or ground leased by Landlord.

Description of the Leased Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Property, consisting of approximately 6,265 rentable square feet, known as 8470 Nuevo Avenue, referred to herein as the “Premises” and shown on Exhibit A.

Term and Renewal; Termination.
a. Term. The term of this Lease shall commence (the “Commencement Date”) upon the sooner of (i) the date the Tenant opens for business or (ii) 90 days after the Delivery Date (estimated to be September 1, 2027), and shall expire on the last day of the one hundred twentieth (120th) full calendar month beginning on the Commencement Date (the “Original Term”), unless sooner terminated pursuant to the terms of this Lease. Notwithstanding anything to the contrary in this Lease contained, the term “Term” whenever used in this Lease, shall be defined to include the Original Term and any Renewal Terms that are properly exercised. “Lease Year,” as used herein, means a period of twelve (12) consecutive months during the Lease Term, the first full Lease Year commencing on the Commencement Date and continuing through the twelfth (12th) full calendar month occurring on or after the Commencement Date. “Partial Lease Year” means that portion of the Lease Term prior to the first full Lease Year or following the last full Lease Year. Notwithstanding the foregoing, the estimated Delivery Date of September 1, 2027 is provided for planning purposes only and shall not be binding on Landlord. Any delay in delivery of possession of the Premises shall not constitute a default by Landlord, entitle Tenant to terminate this Lease or give rise to any claim by Tenant.
b. Option to Renew. Tenant shall have two (2) five (5) year options to renew (each, a “Renewal Term”), subject to the terms and conditions described in Section 24. In the event any such option is effectively exercised with respect to the renewal term, all terms and conditions of this Lease shall be applicable to such renewal term, except Base Rent shall be adjusted in accordance with Section 4(a)(3) below.

Rent. The monthly rent as of the Commencement Date shall be Four Thousand Five Hundred and 00/100 Dollars ($4,500.00) per month, subject to increase as provided in Section 4(a) below (“Base Rent”). Tenant shall, commencing on the Commencement Date and continuing thereafter on the first day of each calendar month, pay Landlord such monthly installments of Base Rent, without setoff, deduction or demand; provided, however, that the installments of Base Rent for the fourth (4th) full calendar month ($4,500.00) shall be paid upon the Commencement Date. 655
2 Notwithstanding the foregoing, Base Rent shall be abated for the first three (3) full calendar months of the Term.

Except as otherwise provided herein, all rent shall be absolutely net to Landlord so that this Lease shall yield net to Landlord the rent to be paid each month during the Term of this Lease. Accordingly, and except as otherwise provided in this Lease, all costs, expenses and obligations of every kind or nature whatsoever relating to the Premises which may arise or become due during the Term of this Lease including, without limitation, all costs and expenses of maintenance and repairs, insurance and taxes, shall be paid by Tenant. Nothing herein contained shall be deemed to require Tenant to pay or discharge any liens or mortgages of any character whatsoever which may exist or hereafter be placed upon the Premises by an affirmative act or omission of Landlord, except as expressly required under this Lease. a. Base Rent Adjustment.
(1) Percentage of Gross Sales Rent. During the Original Term, Base Rent shall be calculated as follows: beginning on the first day of the second (2nd) Lease Year and continuing on the first day of every subsequent Lease Year during the Original Term (subject to Section 4(a)(2) below), Base Rent shall be adjusted annually as of the first day of each Lease Year to the greater of (a) the monthly Base Rent for the previous Lease Year, or (b) an amount equal to: (i) the Adjusted Gross Sales for the immediately preceding Lease Year, (ii) multiplied by five percent (5.0%), and (iii) divided by twelve (12) (rounded to nearest full cent). Tenant may, at Tenant's election, convert from this percentage-of-gross-sales rent calculation to a fixed rate per rentable square foot as provided in Section 4(a)(2) below. If Tenant does not elect to convert, Base Rent shall continue to be calculated pursuant to this Section 4(a)(1) for the remainder of the Original Term.
(2) Fixed Rate Conversion Election. At any time after the first (1st) Lease Year, Tenant shall have the right, in Tenant's sole discretion, to elect to convert the calculation of Base Rent from the percentage-of-gross-sales method described in Section 4(a)(1) above to a fixed rate per rentable square foot of the Premises (the “Fixed Rate Conversion”). Tenant may exercise the Fixed Rate Conversion by delivering written notice to Landlord (the “Conversion Notice”) at least sixty (60) days prior to the first day of the Lease Year in which the fixed rate is to take effect (the “Conversion Date”). Upon the Conversion Date, Base Rent shall be calculated by multiplying the applicable per-square-foot rate set forth in Exhibit C attached hereto by the rentable square footage of the Premises (6,265 rentable square feet). If Tenant elects to convert to a fixed rate after the second (2nd) Lease Year, the applicable fixed rate shall be the rate shown on Exhibit C for the Lease Year in which the Conversion Date falls. Once Tenant has exercised the Fixed Rate Conversion, the conversion shall be irrevocable and Tenant may not revert to the percentage-ofgross-sales method for the remainder of the Term, including any Renewal Term. (3) Renewal Terms. The Base Rent to be paid for the first year of each applicable Renewal Term, if exercised, shall be equal to the “Fair Market Rental Rate” for the Premises, regardless of whether Tenant previously elected the Fixed Rate Conversion under Section 4(a)(2). The Fair Market Rental Rate shall be determined by Landlord and Tenant, based on base rent then being paid by tenants of restaurant spaces of equivalent size in comparable properties similar in size, location, amenities, tenant mix, condition, drawing ability and quality to the Property, provided that notwithstanding anything to the contrary set forth herein, in no event 656
3 shall the Base Rent for the first Lease Year of the Renewal Term be less than one hundred three percent (103%) of the Base Rent in effect immediately prior to the Renewal Term. Beginning on the first anniversary of the Renewal Term and continuing on the first day of every subsequent Lease Year through the end of the Term, Base Rent shall increase by three percent (3.0%) (rounded to nearest full cent) of the amount of the Base Rent from the immediately preceding Lease Year.

For the avoidance of doubt, during any Renewal Term, Base Rent shall be calculated on a fixedrate basis only and shall not revert to or be calculated under the percentage-of-gross-sales method described in Section 4(a)(1). In the event Landlord and Tenant are unable to agree on a Base Rent applicable for the first Lease Year of any Renewal Term at least ninety (90) days prior to the commencement date of the applicable Renewal Term, the Base Rent shall be determined as follows: Landlord and Tenant shall each appoint an independent real estate appraiser with at least five (5) years commercial appraisal experience in the Fontana area, and having no financial interest, relationship, or affiliation with either party, or having any business dealings with either party for the previous five (5) years. Within thirty (30) days after their appointment, each appraiser shall provide a written appraisal of Base Rent for the first Lease Year of the applicable Renewal Term, based upon the above criteria. The Base Rent for the first Lease Year of such Renewal Term shall be the average of two (2) appraisals. However, if the appraisals differ by more than ten percent (10%), then a third similarly qualified appraiser shall be appointed by the first two (2) appraisers within ten (10) days thereafter, which third appraiser shall also provide a written appraisal of Base Rent. Base Rent shall then be the average of three (3) appraisals, except that any appraisal which differs by more than ten percent (10%) from both of the other appraisals shall be discarded and the Base Rent shall be the average of two (2) remaining appraisals. If no two (2) appraisals are within ten percent (10%) of each other, then the issue of Base Rent shall be submitted to a binding arbitration before the Judicial Arbitration Mediation Services in San Bernardino County, California, whose decision as to Base Rent shall be binding on the parties. Each party shall bear equally, the cost of the foregoing procedures. Tenant shall have no other right to extend the term beyond the Renewal Term(s).
b. Gross Sales and Adjusted Gross Sales Reporting. For all periods prior to the Fixed Rate Conversion, Tenant shall (i) not later than the fifth (5th) day after the close of each calendar month, deliver to Landlord a written statement certified under oath by Tenant or an officer of Tenant, showing Gross Sales and Adjusted Gross Sales made in such calendar month; and (ii) not later than thirty (30) days after the end of each Lease Year or Partial Lease Year, deliver to Landlord a statement of Gross Sales and Adjusted Gross Sales for such Lease Year or Partial Lease Year the correctness of which is certified to by Tenant or an officer of Tenant. If Tenant fails to prepare and deliver any statement of Gross Sales and Adjusted Gross Sales required hereunder, within the time or times specified above, then Landlord shall have the right, in addition to the other rights and remedies set forth in this Lease, (a) to collect from Tenant a sum which shall be $250.00 which shall be deemed liquidated damages for administrative and overhead expenses resulting from such failure, and (b) to estimate Tenant's Adjusted Gross Sales for any non-reported period.

In addition to the payment of Base Rent, Tenant covenants and agrees to pay to Landlord, without notice or demand, an amount, if any, equal to five percent (5%) (the “Percentage Rent Rate”) applied against that portion of Tenant's Adjusted Gross Sales during each Lease Year or Partial Lease Year in excess of One Million Two Hundred Thousand Dollars ($1,200,000.00) (the “Sales Breakpoint”) (hereinafter referred to as “Percentage Rent”). In the event of a Partial Lease Year, the Sales Breakpoint shall be determined by multiplying the Sales Breakpoint for the full Lease Year, by a fraction, the numerator of which shall be the number of days contained in such Partial Lease Year and the denominator of which shall be 365 days. Percentage Rent shall become due 657
4 and payable in each Lease Year on the fifth (5th) day of the month immediately following the month during which Adjusted Gross Sales exceed the Sales Breakpoint for such Lease Year, and thereafter shall be paid monthly on all additional Adjusted Gross Sales made during the remainder of such Lease Year, such payments to be made concurrently with the submission by Tenant to Landlord of the written statement of monthly Adjusted Gross Sales as provided for herein. (1) Gross Sales and Adjusted Gross Sales Defined. As used herein, “Gross Sales” means the sale prices of all goods, wares and merchandise sold and the charges for all services performed by Tenant or any other person or entity in, at, or from the Premises for cash, credit or otherwise, without reserve or deduction for uncollected amounts, including but not limited to sales and services (i) where the orders originate in, at or from the Premises, regardless from whence delivery or performance is made, (ii) pursuant to mail, telephone, telegraph, catalogue, facsimile, internet, electronic, video and computer orders, and orders by means of other technology-based systems whether now existing or hereafter developed, and other orders received, placed or filled at the Premises, (iii) resulting from transactions originating in, at or from the Premises, and (iv) deposits not refunded to customers. Excluded from Gross Sales in order to determine “Adjusted Gross Sales” shall be: (i) exchanges of merchandise between Tenant's stores made only for the convenient operation of Tenant's business and not to consummate a sale made in, at or from the Premises, (ii) returns to manufacturers, (iii) refunds to customers (but only to the extent included in Gross Sales), (iv) sales of fixtures, machinery and equipment after use in Tenant's business in the Premises, (v) gratuities paid to staff, to the extent separately itemized on a receipt, and (vi) sales, excise or similar tax imposed by governmental authority and collected from customers and paid out by Tenant. No other taxes shall be deducted from Gross Sales.

Notwithstanding anything to the contrary contained in this Lease, during any period of time (computed on a daily basis) when the Premises is not open for business to the public, then, Gross Sales for the period(s) of the immediately preceding Lease Year corresponding to the periods of closure of the Premises during the then current Lease Year (or in the case of a closing during the first year of the Term, Gross Sales for such year, or portion thereof, shall be increased proportionally to correspond to the periods of closure of the Premises) shall be added to the Gross Sales for such current Lease Year.
(2) Audit. Tenant will preserve for at least three (3) years at Tenant's notice address all original books and records disclosing information pertaining to Gross Sales and Adjusted Gross Sales and such other information respecting Gross Sales and Adjusted Gross Sales as Landlord requires, including, but not limited to, cash register tapes, sales slips, sales checks, gross income and sales tax returns, bank deposit records, sales journals and other supporting data including itemized records of permitted exclusions. Landlord and its agents shall have the right during business hours to examine and audit such books and records preserved by Tenant. If such examination or audit discloses a discrepancy of three percent (3%) or more for any period, or if Tenant's Gross Sales and Adjusted Gross Sales cannot be verified due to the insufficiency or inadequacy of Tenant's records, or if Tenant shall have failed to furnish Landlord any monthly statement of Gross Sales and Adjusted Gross Sales during any Lease Year, Tenant shall promptly pay Landlord the cost of said audit. Tenant shall, in any event, pay to Landlord the amount of any deficiency in rents which is disclosed by such audit. Tenant's obligation to preserve all original books and records shall survive the expiration of the Lease Term or the earlier termination of this Lease.
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5 c. Late Charge. Tenant acknowledges that late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease. If any installment of rent due from Tenant is not received by Landlord within five (5) days after it becomes due, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue rent as a late charge. The parties agree that this late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of late payment by Tenant. Acceptance of any late charge shall not constitute a waiver of Tenant's default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord. d. Interest on Unpaid Rent. Rent or other charges under this Lease not paid within five (5) days of the date due shall, in addition to any late charges under Section 4(c) above, bear interest at the lesser of the maximum legal rate or ten percent (10%) per annum from the date due until paid.

Place of Payment of Rent. Rent and all other sums which shall become due under this Lease, including but not limited to late charges and additional rent, shall be payable by hand delivery or mail at 16860 Valencia Ave, Fontana, California 92335, or at such other place as Landlord may designate from time to time in writing. Mailed payments must be received (not postmarked) by Landlord by the date due.

Security Deposit. Upon (i) execution of this Lease, Tenant shall deposit with Landlord the sum of Ten Thousand and 00/100 Dollars ($10,000.00), and (ii) on or before the Delivery Date, Tenant shall deposit with Landlord an additional sum of Ten Thousand and 00/100 Dollars ($10,000.00), for an aggregate amount of Twenty Thousand and 00/100 Dollars ($20,000.00) (collectively, the “Security Deposit”) as security for the full and faithful performance by Tenant of all the terms, covenants, and conditions of this Lease. The Security Deposit shall not be deemed an advance payment of rent or a measure of Landlord’s damages in the event of default by Tenant.

Landlord may, but shall not be obligated to, apply all or any portion of the Security Deposit toward the cure of any default by Tenant under this Lease, in which case Tenant shall promptly replenish the Security Deposit within five (5) business days of written demand by Landlord. The Security Deposit, or any remaining balance thereof, shall be returned to Tenant within the time required by applicable law following the expiration or earlier termination of this Lease and surrender of the Premises in the condition required hereunder, provided that Tenant has fully performed its obligations hereunder.

In the event of a sale, conveyance, or transfer of Landlord’s interest in the Premises, Landlord shall transfer the Security Deposit (or any unapplied portion thereof) to the purchaser or transferee, and all obligations and rights of Landlord with respect to the Security Deposit under this Lease shall bind and inure to the benefit of such successor landlord.

Tenant may not use any portion of the Security Deposit to satisfy any of Tenant’s rental obligations hereunder, including the last month’s rental payment. Failure of Tenant to pay any Base Rent or other charges when due constitutes a material breach of this Lease for which Landlord may re-enter and take possession of the Premises in accordance with law, notwithstanding the fact that Landlord may have possession of a security deposit. Tenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of law, now or hereafter in effect, which provide that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by Tenant or to clean the Premises, it being agreed that Landlord may, in addition, claim 659
6 from the Security Deposit, in addition to all Base Rent or other sums owing under this Lease, all sums reasonably necessary to compensate Landlord for any other loss or damage, foreseeable or unforeseeable, caused by the acts or omissions of Tenant or any agent, representative, employee, contractor, invitee, guest or customer of Tenant.

Condition of, and Improvements to, Premises.
a. Improvements; Warm Shell Delivery. Prior to the Delivery Date, Landlord shall perform renovation work to the Premises to deliver the Premises in “Warm Shell Condition,” meaning a condition in which the following elements are substantially completed, as determined by Landlord in its sole discretion, generally in accordance with the Preliminary Construction Plans (as defined below): (i) all framing, (ii) drywall installation, (iii) paint, (iv) flooring, (v) heating, ventilation and air conditioning (“HVAC”) systems, (vi) electrical systems and fixtures, and (vii) plumbing (collectively, the “Landlord Work”). Landlord makes no representation or warranty that the Warm Shell Condition will be suitable for Tenant's particular use or that any building systems will have capacity sufficient for Tenant's intended operations. Following delivery in Warm Shell Condition, Tenant shall be solely responsible for all upgraded finishes, appliances, equipment, furniture, and any modifications or upgrades to building systems necessary for Tenant's intended use of the Premises, all at Tenant's sole cost and expense. Except for the Landlord Work, Landlord shall have no obligation or responsibility, actual or implied, to install, construct, accommodate, or make any improvements to the Premises prior to, or as a condition of, Tenant's occupation of the Premises. The “Delivery Date” shall mean the date Landlord delivers possession of the Premises with the Landlord Work substantially completed, as determined by Landlord in its sole discretion. A set of preliminary construction plans depicting the scope and specifications of the Landlord Work is attached hereto as Exhibit D (the “Preliminary Construction Plans”).

Prior to the commencement of the Landlord Work, Landlord shall provide Tenant with updated final construction plans (the “Final Construction Plans”). If the Final Construction Plans contain material changes from the Preliminary Construction Plans, Tenant shall have the right to terminate this Lease by delivering written notice to Landlord within ten (10) business days after Tenant's receipt of the Final Construction Plans, which notice shall specifically identify the material changes that form the basis for Tenant's termination. In the event of such termination, Landlord shall retain the Security Deposit paid by Tenant pursuant to Section 6, and Tenant shall be relieved of all further obligations under this Lease. If Tenant does not deliver a termination notice within such ten (10) business day period, Tenant shall be deemed to have accepted the Final Construction Plans, which shall replace the Preliminary Construction Plans as Exhibit D for all purposes under this Lease. For purposes of this Section, “material changes” means changes that (i) reduce the rentable square footage of the Premises by more than five percent (5%), or (ii) eliminate one or more of the Warm Shell Condition elements listed in clauses (i) through (vii) above in their entirety. Minor variations in the quality or specifications of materials, finishes, equipment, or layout from those shown on the Preliminary Construction Plans shall not constitute material changes. Landlord shall have the right, in its sole discretion, to make modifications to the Preliminary Construction Plans that Landlord determines are necessary or desirable, provided that such modifications do not constitute material changes as defined herein. In no event shall Landlord be liable for consequential, incidental, or special damages arising out of any delay in the Landlord Work or the condition of the Premises upon delivery, and Tenant's sole remedy for any failure by Landlord to deliver the Premises in Warm Shell Condition shall be to require Landlord to use commercially reasonable efforts to correct such deficiency within a reasonable period of time. 660
7 b. As-Is Condition. Tenant warrants and agrees that Tenant has inspected the Premises. Tenant agrees to take possession of the Premises in an AS-IS condition (which exists on the Delivery Date, after completion of the Landlord Work) and Tenant further agrees that, if Tenant wishes to construct any improvement in the Premises, Tenant shall comply with all requirements in Exhibit B as well as Section 14 (Alterations and Liens) of this Lease. Landlord makes no representations regarding the condition, status, compliance with laws or suitability for a particular purpose for Tenant's use. Tenant hereby acknowledges and agrees that Tenant has inspected and investigated the Premises and Tenant further acknowledges and agrees that the Premises are in satisfactory condition. Tenant hereby accepts the Premises in their then-current condition, “AS-IS”, “WHERE-IS” and “WITH ALL FAULTS”. Notwithstanding anything in this Lease to the contrary, Tenant expressly acknowledges that neither Landlord nor its agents, employees, or representatives have made any representations or warranties as to the suitability of the Premises for Tenant’s intended use. Without limiting the foregoing, Landlord makes no representation or warranty regarding the Premises or the suitability of the existing utility services and systems for Tenant’s proposed use. It shall be the sole responsibility of Tenant to verify (i) all governmental requirements applicable to Tenant’s use of the Premises, including without limitation zoning, and (ii) the capacity of all mechanical systems and improvements within the Premises to satisfy Tenant’s intended use. Tenant hereby agrees and warrants that it has investigated and inspected the condition of the Premises and the suitability of same for Tenant’s purposes, and Tenant does hereby waive and disclaim any objection to, cause of action based upon, or claim that its obligations hereunder should be reduced or limited because of the condition of the Premises or the suitability of same for Tenant’s purposes. The taking of possession of the Premises, or any portion thereof, by Tenant shall conclusively establish that the Premises were at such time in satisfactory condition. Tenant hereby waives Subsection 1 of Section 1932 and Sections 1941 and 1942 of the Civil Code of California or any successor provision of law. EXCEPT FOR ANY EXPRESS WARRANTIES SET FORTH IN THE LEASE, TENANT,

FOR ITSELF, AND ITS OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES,

AFFILIATES, SUCCESSORS AND ASSIGNS, EXPRESSLY DISCLAIMS ANY IMPLIED

WARRANTY OF HABITABILITY, MERCHANTABILITY, OR FITNESS OF THE PREMISES FOR A PARTICULAR PURPOSE OR USE.
c. Condition Upon Surrender. Upon termination of this Lease, Tenant shall surrender the Premises to Landlord in as good condition as when originally received, ordinary wear and tear and damage by fire, earthquake, flood or act of God excepted, and including any repairs or improvements made by Tenant. If Tenant fails to maintain the Premises in good order and repair, after thirty (30) days' prior written notice, Landlord may, at its option, make such repairs, and Tenant shall pay the reasonable cost thereof as additional rent hereunder within ten (10) days after receipt of a written statement therefor. In the event the giving of thirty (30) days' prior notice may result in additional damage to the Premises, Landlord may make such repairs, at Tenant's expense, without thirty days' prior written notice.
d. Inspection by Certified Access Specialist. Landlord discloses that the Premises have not undergone inspection by a Certified Access Specialist as referenced in California Civil Code Section 1938 subsection (e) which provides: “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. 661
8 The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” Pursuant to the foregoing Section 1938(e), Tenant acknowledges and agrees that, if Tenant wishes to have the Premises inspected by a CASp: (i) Tenant must notify Landlord on or before the date when Tenant executes this Lease pursuant to the election below; (ii) the inspection will be at Tenant's sole cost and expense; (iii) the inspection must be scheduled through Landlord and in coordination with the Landlord’s property manager; (iv) any repairs or modifications inside or outside of the Premises necessary to correct any violation of construction-related accessibility standards that is noted in the CASp report shall be Tenant’s responsibility; provided, however, that Landlord shall have the right to perform any such repairs or modifications at Tenant’s sole cost and expense, and Tenant shall reimburse Landlord within ten (10) days of written demand by Landlord; and (v) Tenant must provide a copy of the CASp report to Landlord on completion. By initialing below, Tenant represents that:

Tenant wishes to have a CASp inspection of the Premises Initials: ______________ Tenant hereby waives its right to have a CASp inspection of the Premises Initials: ____________ Use. The Premises shall be used only for the operation of Mexican-American style restaurant and for no other purpose (“Permitted Use”). Tenant shall not use any portion of the Premises for purposes other than those specified without first obtaining the written consent of Landlord.

Uses Prohibited. In addition to uses prohibited pursuant to Section 8, Tenant shall not do or permit anything to be done in or about the Premises nor bring or keep anything therein which is not within the permitted use of the Premises which will in any way increase the existing rate of or affect any fire or other insurance upon the Property or any of its contents, or cause a cancellation of any insurance policy covering the Property or any part thereof or any of its contents. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Property or injure or annoy them or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose; nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or allow to be committed any waste in or upon the Premises. Under no circumstances shall the right herein granted to use the Premises be deemed to include the right to store any property, temporarily or permanently, outside of any building on the Premises. Any such storage shall be permitted only by the prior written consent of Landlord or Landlord's designated agent, which consent may be revoked at any time. In the event that any unauthorized storage shall occur then Landlord shall have the right, without notice, in addition to any other rights and remedies that it may have, to remove the property and charge the cost to Tenant, which cost shall be payable as additional rent immediately upon demand by Landlord.

Operating Covenants. Tenant covenants and agrees that it will continuously and uninterruptedly from and after the Commencement Date: (i) remain open for business to the public no fewer than six (6) days a week and ten (10) hours per day for such hours as are approved by Landlord in Landlord’s reasonable discretion; (ii) remain open and operating for the full term of the Lease, except while the Premises are untenantable by reason of casualty, renovation or force majeure, (iii) maintain within the Premises an adequate stock of merchandise together with sufficient personnel and personal property to service and supply the usual and ordinary requirements of its customers, (iv) keep the Premises in a neat, clean and orderly condition, (v) 662
9 maintain and operate its business within the Premises in a first-class manner, and (vi) at all times during the Term, operate its business in compliance with all applicable laws, ordinances, codes, rules, regulations and the requirements of all governmental and quasi-governmental authorities having jurisdiction, and obtain and maintain in full force and effect all license, permits and approvals required for the operation of the Permitted Use at the Premises.

Compliance with Laws/Hazardous Materials.
a. Tenant, at Tenant's expense, shall comply with and cause all of Tenant's agents to comply with all applicable laws, ordinances, rules and regulations of governmental authorities applicable to the Premises or the use or occupancy thereof, including, without limitation, the law commonly known as the Americans With Disabilities Act and California Code of Regulations Title 8, Sections 3281 through 3299 (collectively, “Laws”). b. Tenant shall not cause or permit any Hazardous Materials, as defined below, to be brought upon, kept, used, discharged, deposited or leaked in or about the Premises or the Property by Tenant or any of Tenant's agents or by anyone in the Premises (other than Landlord or its agents, employees or contractors), except to the extent such Hazardous Materials are de minimus quantities of cleaning or office supplies customarily kept or used in operation of a restaurant, provided, however all such Hazardous Materials shall be kept and used in accordance with all applicable laws. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of any Hazardous Material on the Premises or the Property caused or suffered or permitted by Tenant or any of Tenant's agents or by anyone in the Premises (other than Landlord or its agents, employees or contractors) results in contamination of the Premises or the Property, or if contamination of the Premises or the Property by any Hazardous Material otherwise occurs for which Tenant is legally liable, then Tenant shall indemnify, defend and hold Landlord and Landlord Parties harmless from any and all claims, damages, costs, liabilities and expenses (including, without limitation, diminution in value or use of the Property, attorneys' fees, consultant fees and expert fees) which arise during or after the Term as a result of such contamination. This indemnification shall include, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work on or under the Premises. “Hazardous Material” means any hazardous or toxic substance, material or waste which is or becomes regulated by any local, state or federal governmental authority or by common law decisions, including without limitation (i) all chlorinated solvents, (ii) petroleum products or by-products, (iii) asbestos and (iv) polychlorinated biphenyls. Landlord, at Tenant’s sole cost and expense, shall have the right, but not the obligation, at reasonable times during normal business hours to inspect, investigate, sample and/or monitor the Premises, including any air, soil, water, groundwater or other sampling, and any other testing, digging, drilling or analyses, at any time and Tenant shall provide Landlord with access to all relevant facilities, records and personnel.

Waste; Nuisance; Quiet Enjoyment. Tenant shall not suffer or commit any waste or nuisance on the Premises, nor shall Tenant interfere with or obstruct the rights of or disturb the quiet enjoyment of any other tenant or occupant of the building or injure or annoy them. Tenant shall not use or allow the Premises to be used for any improper, immoral, or objectionable purposes, to be determined in Landlord's reasonable judgment. Landlord covenants and agrees with Tenant that, upon Tenant performing all of the covenants and provisions on Tenant’s part to be observed and performed under this Lease (including payment of rent hereunder), Tenant shall have the right to use and occupy the Premises in accordance with and subject to the terms and conditions of this Lease as against all persons lawfully claiming by, through or under Landlord. 663
10 This covenant shall be binding upon Landlord and its successors only during its or their respective periods of ownership of the Property, and Landlord shall not be liable for acts of third parties or prior owners.

Repair and Maintenance.
a. Landlord’s Repair and Maintenance. Landlord shall repair and maintain the roof and the structural foundations in which the Premises are located unless the need for such repair shall be caused by the neglect, misuse, or misconduct of Tenant, its agents, employees or invitees, in which case Landlord shall promptly cause the repairs to be made at Tenant's sole expense. Upon receipt of a written notice that Landlord has made repairs that were caused by the neglect, misuse, or misconduct of Tenant, its agents, employees or invitees, Tenant shall promptly reimburse Landlord within thirty (30) days of invoice for the cost of all such repairs and maintenance.

Landlord shall not be required to make any repairs to the roof or structural foundation unless and until Tenant has notified Landlord in writing of the need for such repairs and Landlord shall have had a reasonable period thereafter to commence.
b. Tenant’s Repair and Maintenance. Tenant shall, at Tenant's sole cost and expense, maintain the Premises except as noted under Section 13(a), above, in good condition and repair.

Said maintenance shall include but not be limited to, the interior and exterior of the Premises, exterior doors and windows, all fixtures and equipment, including without limitation, heating and ventilation systems, plate glass, electrical wiring, plumbing fixtures, plumbing drains. Tenant hereby waives California Civil Code Sections 1932(1), 1941 and 1942 and any other applicable existing or future law, ordinance or governmental regulation permitting Tenant to make repairs at Landlord's expense.
c. Trade Fixtures And Equipment. Tenant at its own expense shall provide and maintain all trade fixtures and equipment reasonably required to enable it to conduct its business in the Premises in a business-like manner. Tenant shall keep all trade fixtures and equipment clean and in good repair. Kitchens or other food preparation facilities shall be steam cleaned annually.

Landlord may inspect the Premises annually to ensure good maintenance practices and review the current condition of the Premises pursuant to Section 16. Restaurants and odor producing Tenants are required to provide an exhaust pollution control system (e.g. Scrubber system). Tenant shall include the pollution control unit with their design drawings. As a part of the Landlord Work, Landlord shall install a grease trap serving the Premises. Tenant shall, at Tenant’s sole cost and expense, contract for, in its own name, for a qualified service contractor to inspect, clean and repair such grease trap at such intervals as may be required by Tenant's use, but in no event less frequently than once a month. Tenant shall obtain, maintain and comply with all permits required in connection with the operation of the grease trap and Tenant shall be solely responsible for all fines, penalties and costs arising from any violation thereof. Tenant shall promptly furnish copies of all inspection and service reports, permits and any notices of violation, citation or non-compliance to Landlord. Such fixtures and equipment shall remain the property of Tenant, and Tenant may remove or if required to do so by Landlord, shall remove the same or any part thereof upon the termination of this Lease. Prior to lease expiration or earlier termination, Tenant shall repair at its own expense any damage to the Premises caused by its removal of said fixtures or equipment. All trade fixtures and equipment installed by Tenant pursuant thereto shall not be subject to, and shall be free of any lien for payment of rent by Tenant or for the performance of any other obligation of Tenant. Tenant shall keep Tenant's fixtures and equipment insured for full replacement value. 664
11 d. Utilities. Tenant shall pay, during the term hereof, all electric, water, gas, telephone, sewer, internet, cable, data, trash removal, recycling, and all other public utility charges in connection with its occupancy and use of the Premises, including all costs of operating and maintaining all equipment therein, and all business taxes and all taxes upon the property and fixtures of the Tenant. Landlord shall not be responsible for any interruptions or disturbance of service regardless of whether Tenant is paying directly for such services or if such services are being contracted for by Landlord, nor shall there be any abatement of rent resulting from any cessation or interruption of utility service or other service contemplated by this section. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law, ordinance or governmental regulation permitting the termination of this Lease due to the interruption or failure of any services to be provided under this Lease. e. Revenue & Taxation Code Section 107.6 Possessory Interest Tax. Tenant recognizes and understands that this Lease may create a possessory interest subject to property taxes and that, if a possessory interest is created, Tenant shall, in accordance with this Section 13(e) hereof, be responsible for payment of property taxes levied against such possessory interest.

Alterations and Liens. Tenant shall not make or cause to be made any alterations, additions, or improvements to or of the Premises or any part thereof without the prior written consent of Landlord. If any alterations require additional changes to comply with Laws which are triggered by Tenant's alterations, all such resulting requirements to comply with Laws shall be at Tenant's expense and any Landlord consent to such alterations shall be conditioned on Tenant's payment for same. Any alterations, additions, or improvements affixed to the Premises, except furnishings, equipment, and trade fixtures, shall, at Landlord's option, become part of the real property and belong to Landlord on expiration or termination of the term and any extension thereof. If Landlord consents to the making of any alteration, additions, or improvements to the Premises, they shall be made at Tenant's sole cost and expense. Tenant shall keep the Premises free and clear of any liens or encumbrances which may arise from such work. At Landlord's option, Tenant shall, at its sole cost and expense, remove all such additions, alterations, and improvements from the Premises at the end of the term hereof and repair any damage to the Premises occasioned by such removal. If Tenant shall fail to complete such removal and repair such damage within ten (10) days after such termination, Landlord may do so and Tenant shall pay the reasonable cost thereof as additional rent within ten (10) days after Landlord shall render to Tenant a written statement therefor. In the event Tenant makes any alterations to the Premises that trigger or give rise to a requirement that the Premises come into compliance with any governmental laws, ordinances, statutes, order and/or regulations (such as ADA requirements), Tenant shall be fully responsible for complying, at its sole cost and expense with same. Tenant shall file a Notice of Completion after completion of any alteration or improvement and provide Landlord with a copy thereof. Tenant shall provide Landlord with a copy of a set of “as built” drawings of any such work.

Assignment and Subletting. Tenant shall not either voluntarily, or by operation of law, assign, transfer, mortgage, pledge, hypothecate or encumber this Lease or any interest therein, and shall not sublet the said Premises or any part thereof, or any right or privilege appurtenant thereto, or allow any other person (the employees, agents, servants, guests and invitees of Tenant excepted) to occupy or use the said Premises, or any portion thereof, without first obtaining the written consent of Landlord which shall not be unreasonably withheld. If an assignment or subletting involves a use other than that permitted in Section 8 above, Tenant must comply with said Section 8. Consent to one assignment, subletting, occupation or use by another person shall not be deemed to be consent to any subsequent assignment, subletting, occupation or use by another 665
12 person. Consent to any such assignment or subletting shall in no way relieve Tenant of any liability under this Lease. Any such assignment or subletting without such consent shall be void, and shall, at the option of the Landlord, constitute a default under the terms of this Lease. No sublease or assignment shall release Tenant from continuing liability hereunder. In the event that Landlord shall consent to a sublease or assignment hereunder, Tenant shall pay Landlord reasonable attorney fees and costs incurred in connection with the processing of documents necessary to giving of such consent. Any excess consideration above the rental rate provided in this Lease Tenant is entitled to as a result of any assignment or sublease shall be divided and paid 50% to Tenant and 50% to Landlord; provided, however, that if Tenant is in default under this Lease, Landlord shall be entitled to all such excess consideration.

Entry by Landlord. Except for emergencies such as fire, water intrusion and the like which may be at any time, Landlord and its agents shall have the right to enter the Premises at reasonable times to inspect and examine the same and to make such repairs to the Premises as the Landlord shall deem advisable, and to show the Premises to prospective tenants, buyers or lenders.

Indemnification.
a. Waiver of Claims. To the extent permitted by law, Tenant waives all claims against Landlord for damage to person or property arising for any reason. Tenant assumes all such risks for Tenant and any employees, licensees, invitees, agents, or contractors. b. General Indemnity. Tenant shall indemnify, protect, defend (at Tenant's sole cost and with legal counsel acceptable to Landlord) and hold harmless, Landlord and Landlord Parties from and against any and all claims, judgments, causes of action, damages, penalties, costs, liabilities, and expenses, including all court costs and attorney fees, arising at any time during or after the Term, as a result (directly or indirectly) of or in connection with (i) default in the performance of any obligation on Tenant’s part to be performed under the terms of this Lease, or (ii) Tenant’s use of the Premises, the conduct of Tenant’s business or any activity, work or things done, permitted or suffered by Tenant or Tenant’s employees, agents, customers, visitors, guests, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively “Tenant Parties”) in or about the Premises or the Property, or any portion thereof, except as provided by law or for claims caused solely by Landlord’s gross negligence or willful misconduct. Tenant’s indemnity is not intended to nor shall it relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease to the extent such policies cover the results of negligent acts or omissions of Landlord, its employees, agents, volunteers, contractors, council members, board members and officers or the failure of Landlord to perform any of its obligations under this Lease. The obligations of Tenant under this Section 17(b) shall survive the termination or earlier expiration of this Lease. As used herein, “Landlord Parties” shall include Landlord, and Landlord’s affiliated entities, and each of their respective members, managers, partners, officers, employees, volunteers, board members, lenders, agents, representatives, contractors, consultants, the city manager, the city council and each member thereof, each member of a city commission or committee, and all of their respective successors and assigns.
c. Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to the Premises, the Property and Tenant’s property including, but not limited to, Tenant's fixtures, equipment, furniture and alterations, or illness or injury to persons in, upon or about the Premises or the Property, arising 666
13 from any cause, and Tenant hereby expressly releases Landlord and waives all claims in respect thereof against Landlord, except only such claims as are caused solely by Landlord's gross negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant's business or any loss of income therefrom or for damage to the property of Tenant, or injury to or illness or death of Tenant or any Tenant Party or any other person in or about the Premises, whether such damage, illness or injury is caused by fire, steam, electricity, gas, water or rain, or from the breakage, leakage or other defects of sprinklers, wires, appliances, ventilation, plumbing, air conditioning or lighting fixtures, or from any other cause, and whether said damage, illness or injury results from conditions arising upon the Premises, upon other portions of the Property or from other sources or places, and regardless of whether the cause of such damage, illness or injury or the means of repairing the same is inaccessible to Tenant, except only damage, illness or injury caused solely by Landlord's gross negligence or willful misconduct.

Insurance. Tenant shall obtain and maintain at all times during the Term of this Lease insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Lease by the Tenant, its agents, representatives, employees, invitees, or subcontractors. Tenant shall obtain and furnish proof of coverage as to each type of insurance required.
a. Property Insurance. During the Lease Term, Tenant shall, at Tenant's expense, maintain, or cause to be maintained, “All risk” property insurance including boiler and machinery comprehensive form, if applicable, covering damage to or loss of any of Tenant's personal property, fixtures, equipment and alterations, including electronic data processing equipment (collectively, “Tenant's Property”) (and coverage for the full replacement cost thereof including business interruption of Tenant);
(1) Casualty Insurance. Tenant shall, at its sole cost and expense, obtain and maintain during the Term of the Lease, insurance against loss or damage to the Premises and Tenant’s Property by fire, lightning, explosion, vandalism, malicious mischief, and other casualties commonly insured against by tenants occupying similar commercial space (“Casualty Insurance”).

Such coverage shall be written on a “special form” or “all risk” basis and shall insure for the full replacement value of the property insured (without deduction for depreciation), including any improvements or alterations made by or on behalf of Tenant. Landlord shall be named as a loss payee as its interest may appear. The proceeds of any such casualty insurance shall be used for the repair or replacement of the damaged or destroyed property, subject to the terms of this Lease; b. Liability Insurance. Commercial General Liability Insurance (Occurrence Form).

A policy of commercial general liability insurance (occurrence form) having a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence, Four Million Dollars ($4,000,000) in aggregate, providing coverage for, among other things, blanket contractual liability, Premises, products/completed operations with an “Additional Insured-Managers or Lessors of Premises Endorsement” and containing the “Amendment of the Pollution Exclusion Endorsement” for damage caused by heat, smoke or fumes from a hostile fire, and personal and advertising injury coverage, with deletion of (a) the exclusion for operations within fifty (50) feet of a railroad track (railroad protective liability), if applicable, and (b) the exclusion for explosion, collapse or underground hazard, if applicable. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, and shall include coverage for liability assumed under this Lease as an “Insured Contract” for the performance of Tenant's indemnity obligations under this Lease;
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14 c. Automobile Liability Insurance. Business automobile liability insurance having a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence and insuring Tenant against liability for claims arising out of ownership, maintenance, or use of any owned, hired or non-owned automobiles;
d. Worker's Compensation. Workers' compensation insurance having limits not less than those required by state statute and federal statute, if applicable, and covering all persons employed by Tenant in the conduct of its operations on the Premises including coverage for all states and, if applicable, voluntary compensation, together with employer's liability insurance coverage in the amount of at least One Million Dollars ($1,000,000); e. Other Insurance. Any other form or forms of insurance as Landlord or mortgagees of Landlord may reasonably require from time to time in form, in amounts and for insurance risks against which a prudent tenant would protect itself;
f. Business Interruption. Loss of income and extra expense insurance in amounts as will reimburse Tenant for direct or indirect loss of earnings attributable to all peril commonly insured against by prudent Tenants in the business of Tenant or to prevention of access to the Premises as a result of such perils; and
g. Umbrella/Excess Liability Insurance. Umbrella or excess liability insurance may be used to satisfy the limits required in Section 18(a) and (b) above. The umbrella liability or excess liability policy shall be written on an “occurrence” form with a self-insured retention no greater than Ten Thousand Dollars ($10,000). Such policies shall name Landlord as an additional insured and shall be primary to any insurance maintained by Landlord. h. Liquor. If Tenant shall sell beer, wine or other alcoholic liquors or beverages in the Premises as permitted by this Lease, then Tenant shall, at its sole expense, keep in force with an insurance company reasonably satisfactory to Landlord, so-called “Dram Shop” insurance in adequate and legally required amounts. In addition to Tenant, the policy shall also name Landlord and other persons identified by Landlord as additional insureds. Tenant shall continually provide Landlord with a certificate or other evidence of such insurance (the first of which shall be provided prior to the commencement of sale of such alcoholic beverages in the Premises), which shall provide that the insurer will give Landlord at least twenty (20) days’ notice prior to any cancellation of, lapse or material change in such insurance. If Tenant shall fail to procure such insurance as herein provided, then after notice to Tenant and Tenant’s continued failure to cure, Landlord may procure such insurance on behalf of Tenant and Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand therefor. If Landlord shall be unable to procure such insurance, then the sale of alcoholic beverages shall be suspended in the Premises until such date as such insurance is maintained by Tenant as herein provided. i. Waiver of Subrogation. The parties release each other, and their respective authorized representatives, from any claims (for damage to any person or to the Premises and/or the building in which the Premises are located, and to the fixtures, personal property, Tenant's improvements, and alterations of either Landlord or Tenant in or on the Premises and/or the building in which the Premises are located) that are caused by or result from risks which are insured against under any insurance policies carried by the parties and in force at the time of any such damage and to the full extent of any proceeds paid under said policies. 668
15 j. Ratings, Certificates. All policies shall be taken out with insurers licensed to do business in California with a current Best Rating of (A, XIII) and in form satisfactory from time to time to Landlord. Certificates of insurance evidencing all such insurance and acceptable to the Landlord shall be filed with Landlord prior to occupancy of the Premises and at least ten (10) days prior to the expiration of the term of each policy thereafter. Such certificates of insurance must specifically show all the special policy conditions required in this Section, including “additional insured,” “waiver of subrogation,” “notice of cancellation,” and “primary insurance” wording applicable to each policy. Alternatively, a certified, true and complete copy of each properly endorsed policy may be submitted. All policies shall contain an undertaking by the insurers to notify Landlord and the mortgagees of Landlord in writing not less than thirty (30) days prior to any material change, reduction in coverage, cancellation, or other termination thereof. Tenant shall furnish Landlord with proof of renewal or binders for new insurance at least thirty (30) days before the expiration date of each policy. With respect to CGL Insurance, Tenant shall name Landlord, its employees, elected officials, board members, officers, agents and volunteers as additional insureds with respect to Tenant's negligence for any claims arising out of Tenant's operations in or upon the Premises. In addition, the CGL Insurance: (i) must be endorsed to be primary and non-contributory, rather than excess, with respect to each party's additional insured status; (ii) endorsed to provide cross-liability coverage if they do not contain a standard ISO separation of insureds provision; (iii) shall not contain any endorsement or provision that states the limits of the policy will not stack, pyramid or be in addition to any other limits provided by that insurer, and (iv) have no cross suits exclusion, or any similar exclusion that excludes coverage for claims brought by an additional insured under the policy against another insured under the policy. All insurance policies required by this Section 18 (i) must be issued by insurance companies having an “A” rating or better by Standard and Poor's, and if not rated by Standard & Poor's, then a rating of “A” by A.M. Best Company, and (ii) may be satisfied by a primary policy or combination of primary and umbrella policies. The insurance provisions set forth in this Section 18 set forth the minimum amounts and scopes of coverage to be maintained by Landlord and Tenant and are not to be construed in any way as a limitation on each party's liability under this Lease.

Destruction of Premises.
a. Destruction Due to Risk Covered by Insurance. If, during the Term of this Lease or any Renewal Term, the Premises or the Property (and other improvements in which the Premises are located) are totally or partially destroyed from a risk covered by insurance carried by either Tenant or Landlord, rendering the Premises totally or partially inaccessible or unusable, the following shall apply:
(1) If the cost to repair the damage is estimated to be ten percent (10%) or less of the replacement value of the Premises or Property (as applicable), Landlord shall repair and restore the Premises and affected portions of the Property to substantially the same condition as existed immediately before the destruction, but expressly excluding Tenant Restoration Obligations (as such term is defined below), provided that such restoration can reasonably be completed within 270 days from the date of destruction. (2) If the cost to repair the damage is estimated to be more than ten percent (10%) of the replacement value of the Premises or Property, then Landlord may elect, in its sole discretion, either (i) to restore the Premises and the Property to substantially the same condition as 669
16 they were immediately before the destruction, or (ii) to terminate this Lease by giving written notice to Tenant within fifteen (15) days after determining the scope and cost of restoration. (3) If existing laws or governmental regulations prohibit restoration, then either party may terminate this Lease immediately upon written notice to the other. (4) In the event Landlord elects to restore the Premises but the estimated time for restoration exceeds the lesser of 270 days or the remaining Term of the Lease (including any exercised Renewal Term), Landlord may also elect to terminate this Lease by written notice to Tenant delivered within fifteen (15) days after such determination.

Notwithstanding anything to the contrary in this Section, destruction or damage as described above shall not automatically terminate this Lease, except as expressly provided herein. b. Destruction Due to Risk Not Covered by Insurance. If, during the term of this Lease and any renewal term, the Premises or the Property and other improvements in which the Premises are located are totally or partially destroyed by a risk not covered by the insurance, rendering the Premises totally or partially inaccessible or unusable, Landlord can elect to terminate this Lease by giving notice to Tenant within fifteen (15) days after determining the restoration cost and replacement value.
c. Tenant’s Obligations. In the event this Lease is not terminated pursuant to the terms of this Section 19, following any restoration work by Landlord, Tenant shall (at Tenant’s sole cost and expense and subject to the terms of Section 14) promptly restore any alterations, improvements, trade fixtures, equipment and personal property to substantially the same condition as existed prior to such casualty event (collectively, “Tenant Restoration Obligations”). Tenant shall use commercially reasonable efforts to reopen for business following completion of the any restoration work by Landlord under this Section 19.
d. Abatement or Reduction of Rent. In case of destruction, there shall be an abatement or reduction of rent between the date of destruction and the date of substantial completion of Landlord’s restoration obligations under this Section 19. For the avoidance of doubt, rent abatement shall cease upon substantial completion of Landlord’s restoration obligations under this Section 19, and no abatement shall apply during any period in which Tenant is completing Tenant Restoration Obligations.
e. Waiver of Civil Code Sections. Tenant waives the provisions of California Civil Code Section 1932(2) and California Civil Code Section 1933(4) with respect to any destruction of the Premises.

Default and Landlord's Remedies.
a. Default. The occurrence of any of the following shall constitute a default by Tenant:
(1) Tenant shall fail to pay when due any rent or any other monetary sum payable under this Lease.
(2) Tenant shall fail to observe, keep or perform any of the other terms, covenants, agreements or conditions contained in this Lease if such default continues for a period 670
17 of ten (10) days after written notice by Landlord specifying the nature of the default with reasonable particularity, unless the nature of the default is such that more than ten (10) days is required to cure it and Tenant commences to cure it within such ten (10) day period and thereafter diligently pursues it to completion.
(3) Tenant shall become bankrupt or insolvent or make a transfer in fraud of creditors, or make an assignment for the benefit of creditors, or take or have taken against Tenant any proceedings of any kind under any provision of the Federal Bankruptcy Act or under any other insolvency, bankruptcy or reorganization act and, in the event any such proceedings are involuntary, Tenant is not discharged from the same within thirty (30) days thereafter. (4) A receiver is appointed for a substantial part of the assets of Tenant, and such receivership is not released within thirty (30) days. (5) The abandonment of the Premises by Tenant, or the vacation (hereby defined to be thirty (30) or more consecutive days of continual absence from the Premises) of the Premises by Tenant.
(6) This Lease or any estate of Tenant hereunder shall be levied upon by any attachment or execution and such levy is not released within thirty (30) days.

Notices given under this Section shall specify the alleged default and the applicable Lease provisions, and shall demand that Tenant perform the provisions of this Lease or pay the rent that is in arrears, as the case may be, within the applicable period of time, or quit the Premises. b. Landlord's Remedies. If any default by Tenant shall occur, and following notice of default as required by this Lease (for the period applicable to the default under the applicable provision of this Lease), Landlord shall have the following remedies in addition to all other rights and remedies provided by law or equity, to which Landlord may resort cumulatively or in the alternative.
(1) Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder by giving written notice of such intention to terminate. In the event that Landlord shall so elect to terminate this Lease, then Landlord may recover from Tenant:
(a) The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(b) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves could have been reasonably avoided; plus (c) The worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(d) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom; and 671
18 (e) At Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable law.

As used in Subsections (a) and (b) above of this Section, the “worth at the time of award” is computed by allowing interest at the maximum rate an individual is permitted by law to charge. As used in subsection (c) above, the “worth at the time of award” is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
(2) In the event of the vacation or abandonment of the Premises by Tenant, or in the event that Landlord shall elect to reenter as provided herein or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then Landlord shall have the remedy specified by Civil Code Section 1951.4, in which Landlord may from time to time recover all rental as it becomes due or relet the Premises or any part thereof for the account of Tenant on such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable, with the right to make alterations and repairs to the Premises. In the event that Landlord shall elect so to relet, then rentals received by Landlord from such reletting shall be applied first, to the payment of any indebtedness, other than rent due hereunder, owed by Tenant to Landlord; second, to the payment of any cost (including commissions) of such reletting; third, to the payment of the cost of any alterations and repairs to the Premises; fourth, to the payment of rent due and unpaid hereunder; and the residue, if any, shall be held by Landlord and applied in payment of future rent as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of rent hereunder, be less than the rent payable during that month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord upon demand.

Tenant shall also pay to Landlord, as soon as ascertained, any and all costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.
(3) No reentry or taking possession of the Premises by Landlord pursuant to this Section shall be construed as an election to terminate this Lease unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction.

Signs. All signs and graphics of every kind visible in or from public view or corridors, or the exterior of the Premises, whether inside or outside the Premises, shall be subject to Landlord’s prior written approval and shall be subject to compliance with any applicable Laws, including local sign ordinances.

Estoppel Certificate. Tenant shall execute and deliver to Landlord within ten (10) days of request a commercially reasonable estoppel statement. Landlord and Tenant intend that any estoppel statement delivered pursuant to this Section may be relied upon by any mortgagee, beneficiary, purchaser or prospective purchaser of the building or any interest therein and failure to execute and return such estoppel shall be a material breach of the Lease.

Eminent Domain. In case the whole of the Premises, or such part thereof that substantially interferes with the reasonable use of the Premises as a restaurant, shall be taken for any public or quasi-public purpose by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, either party shall have the right 672
19 to terminate this Lease effective as of the date possession is required to be surrendered to said authority. Tenant shall not assert any claim against Landlord or the taking authority for any compensation because of such taking and Landlord shall be entitled to receive the entire amount of any award without deduction for any estate or interest of Tenant. In the event the amount of property or the type of estate taken shall not substantially interfere with the reasonable use of the Premises as a restaurant, Landlord shall be entitled to the entire amount of the award without deduction for any estate or interest of Tenant. If there is no substantial interference or if there is substantial interference, but neither party elects to terminate, Landlord shall promptly proceed to restore the Premises to substantially the same condition as the Premises existed prior to such partial taking, to the extent possible by application of the condemnation proceeds only, and a proportionate allowance shall be made to Tenant for the rent corresponding to the time during which, and to the part of the Premises of which Tenant shall be so deprived on account of such taking and restoration. Nothing contained in this Section shall be deemed to give Landlord any interest in any award made to Tenant for the taking of personal property and fixtures belonging to Tenant. Each party waives the provisions of California Code of Civil Procedure Section 1265.130 allowing either party to petition the Superior Court to terminate this Lease in the event of a partial taking of the premises.

Options to Renew.
a. Landlord hereby grants to Tenant two (2) options to renew this Lease as set forth in Section 3(b). Such options, with respect to the renewal term, shall only be exercised by Tenant by written notice to Landlord, by United States mail, postage prepaid, certified or registered, return receipt requested, notice of the exercise of each such option, not later than twelve (12) and not more than fifteen (15) full calendar months prior to the expiration of the then current term. No exercise of any option herein granted shall be effective if any default under or breach of this Lease (a) exists either at the time of exercise or on the expiration of the term during which it was exercised, or (b) occurs after the exercise and before the commencement of the renewal term. b. In the event any such option is effectively exercised with respect to the renewal term, all terms and conditions of this Lease shall be applicable to such renewal term except the Base Rent during the renewal term shall be as set forth in Section 4(a)(3).

Inducements. Tenant acknowledges that Landlord has granted certain inducements to Tenant in consideration for Tenant’s commitment to perform for the entire Term of this Lease, which may include free or abated rent and certain allowances (the “Tenant Inducements”).

Tenant Inducements expressly includes the abated rent described in Section 4 above. If Tenant defaults hereunder, in addition to all other remedies to which Landlord may be entitled under law or in equity, all Tenant Inducements shall be immediately due and payable to Landlord as additional rent.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease.

In either of such events, possession shall be subject to all of the terms of this Lease, except that 673
20 the monthly Base Rent shall be equal to one hundred fifty percent (150%) of the Base Rent for the month immediately preceding the date of termination. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute consent to a holdover or result in a renewal of this Lease.

The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of reentry or any other rights of Landlord under this Lease or at law.

Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Lease, the prevailing party shall be entitled to have and recover from the losing party reasonable attorney's fees and costs of suit.

Notices. Any notice required or permitted to be given hereunder may be given by personal delivery or by United States certified mail, postage prepaid, addressed to Tenant at the Premises and to Landlord at 16860 Valencia Ave, Fontana, California 92335, or at such other address as the Landlord shall designate in writing.

Waiver; Accord and Satisfaction. No delay or omission in the exercise of any right or remedy of Landlord on any default by Tenant shall impair such right or be construed as a waiver.

The receipt and acceptance by Landlord of delinquent rent shall not constitute a waiver of any other default; it shall constitute only a waiver of timely payment for the particular rent payment involved. No payment by Tenant or receipt by Landlord of a lesser amount than the rent payment herein stipulated shall be deemed to be other than on account of the rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such rent or pursue any other remedy provided in this Lease.

Force Majeure. If either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure material, failure of power, restrictive governmental laws or regulations, riots, insurrection, war, environmental remediation work whether ordered by any governmental body or voluntarily initiated or other reason of a like nature not the fault of the party delayed in performing work or doing acts required under this Lease, the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. Notwithstanding the foregoing, the provisions of this Section 30 shall at no time operate to excuse Tenant from any obligations for payment of Base Rent, additional rent or any other payments required by the terms of this Lease when the same are due, and all such amounts shall be paid when due.

Time is of the Essence. Time is of the essence of this Lease as to the performance of all terms, covenants, and conditions stated herein.

Broker. Tenant represents that it has not had any dealings with any real estate broker, finder or intermediary with respect to this Lease. Tenant shall indemnify, protect, defend (by counsel reasonably approved in writing by Landlord) and hold Landlord harmless from and against any and all claims, judgments, suits, causes of action, damages, losses, liabilities and expenses (including attorneys’ fees and court costs) resulting from any breach by Tenant of the foregoing 674
21 representation, including, without limitation, any claims that may be asserted against Landlord by any broker, agent or finder undisclosed by Tenant herein.

Subordination. Tenant accepts this Lease subject and subordinate to any mortgage(s), deed(s) of trust, ground lease(s) or other lien(s) now or subsequently arising upon the Premises and to renewals, modifications, refinancings and extensions thereof (collectively referred to as a “Mortgage”). This clause shall be self-operative, but no later than five (5) business days after written request from Landlord or any holder of a Mortgage (a “Mortgagee(s)”), Tenant shall execute a commercially reasonable subordination agreement or SNDA. As an alternative, a Mortgagee shall have the right at any time to subordinate its Mortgage to this Lease. No later than five (5) business days after written request by Landlord or any Mortgagee, Tenant shall, without charge, attorn to any successor to Landlord’s interest in this Lease. Tenant hereby waives its rights under any current or future Law which gives or purports to give Tenant any right to terminate or otherwise adversely affect this Lease and the obligations of Tenant hereunder in the event of any such foreclosure proceeding or sale. Should Tenant fail to sign and return any such documents within said five (5) business day period, Tenant shall be in default hereunder.

Right to Lease. Landlord reserves the absolute right to effect such other tenancies in the Project as Landlord in the exercise of its sole and absolute discretion shall determine. Tenant does not rely on the fact, nor does Landlord represent, that any specific tenant or type or number of tenants shall, during the Term, occupy any space in the Project.

Submission of Lease. Submission of this instrument for examination or signature by Tenant does not constitute a reservation of or an option for lease, and it is not effective as a lease or otherwise until execution and delivery by both Landlord and Tenant. Tenant expressly acknowledges and agrees that this Lease is contingent upon Landlord’s compliance with the California Surplus Land Act (Gov. Code, § 54220), and may not be executed by Landlord unless Landlord completes the compliance process thereunder. Landlord shall commence the Surplus Land Act process within fifteen (15) days after receiving a Tenant’s executed original of this Lease. Landlord may not execute this Lease until the Surplus Land Act process is complete. Tenant understands that the foregoing may result in conveyance of the premises to another party. In the event that the Surplus Land Act process results in disposal of the Premises to another party or for any reason Landlord elects not to execute this Lease, the Lease shall be of no force or effect without liability to Landlord.

OFAC Provisions. Tenant represents and warrants to Landlord that, as of the date hereof and at all times during the Lease Term, neither Tenant nor any individual, entity, or organization holding a significant ownership or controlling interest in Tenant, including any executive officer or director, is an individual, entity, or organization with whom any United States law, regulation, or executive order prohibits U.S. companies and individuals from dealing, including, without limitation, names appearing on the U.S. Department of Treasury’s Office of Foreign Assets Control’s Specially Designated Nationals and Blocked Persons List. In the event the foregoing representation is or later becomes untrue, it shall constitute a non-curable default by Tenant under this Lease and entitle landlord to immediately pursue its remedies under Section 20 above.

SB 1103. The parties acknowledge and agree that this Lease has been negotiated exclusively in English. The parties further acknowledge and agree that, at any time on or prior to the execution of the Lease, Tenant has not provided Landlord with any notice that Tenant is a “qualified commercial tenant” as defined in Section 827, 1632, 1946.1 or 1950.9 of the California 675
22 Civil Code, as may be amended from time to time (a “QCT Notice”). If Tenant subsequently provides a QCT Notice to Landlord, then, notwithstanding anything to the contrary set forth in this Lease (including any Exhibit attached hereto), any renewal or extension option granted to Tenant that has not been exercised by Tenant before providing the QCT Notice to Landlord shall automatically terminate and be of no further force or effect. Without limiting the foregoing, in the event Tenant is or becomes a qualified commercial tenant, Landlord hereby notifies Tenant that it may inspect any supporting documentation of building operating costs upon written request pursuant to Section 1950.9(a)(4) of the California Civil Code, and Tenant hereby acknowledges receipt of such notice before the execution of the Lease.

Default by Landlord. Landlord shall not be in default under this Lease unless Landlord fails to perform obligations required of Landlord within thirty (30) days after written notice by Tenant to Landlord, specifying wherein Landlord has failed to perform such obligation; provided, however, that if the nature of Landlord’s obligation is such that more than thirty (30) days are required for performance, then Landlord shall not be in default if Landlord commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. If Tenant has been notified of the holder of any mortgage or deed of trust or the lessor of any ground lease or underlying lease affecting the Premises, such holder or lessor shall be given a reasonable opportunity to cure any default by Landlord prior to Tenant’s exercising any remedy available to Tenant. In no event shall Tenant have the right to terminate this Lease as a result of Landlord’s default, and Tenant’s remedies shall be limited to damages and/or an injunction.

Further, Landlord shall in no event be liable to Tenant or any other person for any consequential damages, special or punitive damages, or for loss of business, revenue, income or profits and Tenant hereby waives any and all claims for any such damages. It is expressly understood and agreed that notwithstanding anything in this Lease to the contrary, and notwithstanding any applicable law to the contrary, the liability of Landlord and any recourse by Tenant against Landlord shall be limited solely and exclusively to an amount which is equal to the interest of Landlord in the Premises, and neither Landlord, nor any Landlord Parties shall have any personal liability therefor, and Tenant hereby expressly waives and releases such personal liability on behalf of itself and all persons claiming by, through or under Tenant.

Option to Purchase.
a. Provided that Tenant is not then and has not been in default under any of the terms or conditions of this Lease, and provided that original Tenant is then leasing and occupying the Premises, then Tenant shall have the one-time option (the “Purchase Option”) to purchase the entirety of the Premises in accordance with the terms and conditions of this Section 39. The purchase price for the Premises if acquired pursuant to the Purchase Option (the “Purchase Price”) shall be the fair market value of the Premises as of the date of the Purchase Option Exercise Notice, determined by an independent third-party real estate appraiser selected by Landlord in its sole discretion. Landlord shall cause the appraisal to be completed following the Purchase Option Exercise Notice. The appraised value shall be final and binding on the parties. b. In order to exercise the Purchase Option, Tenant must deliver written notice to Landlord of Tenant’s intent to purchase the Premises (“Purchase Option Exercise Notice”) on or after the first day of the sixth (6th) Lease Year, and not later than the last day of the tenth (10th) Lease Year (“Purchase Option Deadline”), time being of the essence. If Tenant fails to timely deliver a Purchase Option Exercise Notice prior to the Purchase Option Deadline, then the Purchase Option shall be null and void and of no further force or effect (unless Landlord elects, in 676
23 its sole discretion, to accept such Purchase Option Exercise Notice). The Purchase Option shall not be exercisable during any Renewal Term.
c. In the event Tenant timely delivers to Landlord a Purchase Option Exercise Notice, then Landlord and Tenant shall promptly negotiate in good faith and execute a purchase and sale agreement (the “Purchase Agreement”) on terms determined by Landlord in its reasonable discretion, which Purchase Agreement shall include, without limitation: (i) conveyance of the Premises to Tenant, subject to all matters of record, (ii) Tenant’s acceptance of the Premises in its then “AS-IS, WITH ALL FAULTS” condition, with no representations or warranties of any kind by Landlord, (iii) Tenant’s payment of all closing costs, including, without limitation, all title insurance premiums, escrow fees, recording fees, documentary transfer taxes, county and city transfer taxes, survey costs and any other fees, taxes or costs associated with the conveyance, and (iv) an express condition that the consummation of the sale shall be subject to the approvals described in Section 39(e) below.
d. Neither Tenant’s rent payments nor any other payments made by Tenant to Landlord pursuant to this Lease shall be applied against the Purchase Price, and Tenant shall be required to pay Base Rent and all other amounts due and payable under this Lease through and pro-rated as of the closing date (i.e., the date upon which the sale of the Premises to Tenant is consummated).
e. Notwithstanding anything to the contrary in this Section 39, Tenant acknowledges that Landlord is a governmental organization and that the consummation of the sale of the Premises pursuant to the Purchase Option is subject to all state and local laws, as the same may be amended from time to time, and the approval of state and local authorities, including, without limitation, the approval of the Fontana City Council. If the Fontana City Council or any other state and local authorities do not approve the sale or approves the sale on conditions that Landlord, in its sole discretion, does not accept, Landlord may terminate the Purchase Option upon written notice to Tenant, and neither party shall have any further liability under this Section 39, provided that this Lease shall remain in full force and effect in accordance with its terms. f. The rights contained in this Section 39 shall be personal to original Tenant and may only be exercised by original Tenant.

Right of First Offer. At any time during the Term, Landlord may elect to sell the Premises to a third party; provided, however, that if Landlord elects to sell the Premises at any time on or after the first day of the sixth (6th) Lease Year and on or before the last day of the Original Term, and Tenant has not previously delivered a Purchase Option Exercise Notice, Landlord shall, prior to offering the Premises for sale to any third party, first deliver written notice to Tenant (the “ROFO Notice”) setting forth the purchase price at which Landlord is willing to sell the Premises and the other material terms and conditions of the proposed sale. Tenant shall have thirty (30) days after receipt of the ROFO Notice (the “ROFO Response Period”) to deliver written notice to Landlord accepting the purchase price and terms set forth in the ROFO Notice. If Tenant timely delivers such acceptance notice, Landlord and Tenant shall proceed to negotiate and execute a Purchase Agreement in accordance with Section 39(c), except that the purchase price shall be the price set forth in the ROFO Notice in lieu of the Purchase Price determined pursuant to Section 39(a). If Tenant fails to deliver an acceptance notice within the ROFO Response Period, or if Tenant delivers written notice declining to purchase the Premises, then Landlord shall be free to offer and sell the Premises to any third party without any further obligation to deliver a ROFO 677
24 Notice or otherwise comply with this Section 40, the right of first offer granted hereby shall permanently terminate, and the Purchase Option shall terminate and be of no further force or effect.

For the avoidance of doubt, (A) at any time prior to the first day of the sixth (6th) Lease Year and at any time after the last day of the Original Term (including during any Renewal Term), Landlord may sell the Premises to any third party without delivering a ROFO Notice or otherwise complying with this Section 40, and (B) any sale by Landlord to a third party shall remain subject to the governmental approvals described in Section 39(e).

Successors and Assigns. Except as otherwise provided herein, all of the terms and conditions hereof shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. In the event of any transfer, assignment or other conveyance or transfers of any such title or tenancy, Landlord herein named (and in case of any subsequent transfers or conveyances, the then grantor) shall be automatically freed and relieved from and after the date of such transfer. Landlord may transfer its interest in the Premises without the consent of Tenant and such transfer or subsequent transfer shall not be deemed a violation on Landlord's part of any of the terms and conditions of this Lease.

Titles and Definitions. The titles of sections herein are for identification only. They shall not be considered to be a part of this Lease and shall have no effect upon the construction or interpretation thereof. The words “Landlord” and “Tenant” as used in this Lease shall include both singular, plural, masculine, feminine, and neuter as the context shall require.

Entire Agreement/Amendment. This Lease contains the entire agreement of the parties and supersedes all prior negotiations, drafts, and other understandings which the parties may have concerning the subject matter hereof. This Lease may not be modified except by written instrument duly executed by the parties hereto or their successors in interest.

Choice of Laws; Interpretation. This Lease shall be governed by and construed pursuant to the laws of the State of California. The provisions of this Lease shall be construed in accordance with the fair meaning of the language used and shall not be strictly construed against either party.

Authority/Consents & Approvals. Each of the persons executing this Lease on behalf of Tenant warrants and represents that Tenant is a duly organized and validly existing entity, that Tenant has full right and authority to enter into this Lease and that the persons signing on behalf of Tenant are authorized to do so and have the power to bind Tenant to this Lease. Tenant shall provide Landlord upon request with evidence reasonably satisfactory to Landlord confirming the foregoing representations.

No Merger. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord, operate as an assignment to it of any or all subleases or subtenancies.

Recordation. Tenant shall not record this Lease or a short form memorandum hereof without Landlord’s prior written approval.

No Third Party Benefit. This Lease is a contract between Landlord and Tenant and nothing herein is intended to create any third party benefit.

Severability. If, for any reason whatsoever, any of the provisions hereof shall be unenforceable or ineffective, all of the other provisions shall be and remain in full force and effect. 678
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679
1 IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease on the day and year set forth below.

LANDLORD
CITY OF FONTANA, a California
municipal corporation
TENANT
GINA'S CATERING & EVENTS, LLC, a
California limited liability company
By:

Name:

Its:

Dated:

By:

Name:

Its:

Dated:
680
3185/035458-0022
24154778.4 a10/05/26

EXHIBIT A

MAP OF PREMISES
681
3185/035458-0022
24154778.4 a10/05/26

EXHIBIT B

REQUIREMENTS
[Attached]
682
3185/035458-0022
24154778.4 a10/05/26

EXHIBIT C

FIXED RATE CONVERSION SCHEDULE
The following schedule sets forth the per-square-foot monthly rental rate applicable to each Lease Year if Tenant elects the Fixed Rate Conversion pursuant to Section 4(a)(2) of this Lease. The monthly Base Rent shall be calculated by multiplying the applicable per-square-foot rate below by the rentable square footage of the Premises (6,265 rentable square feet).

Lease Year Rate Per RSF/Month Monthly Base Rent
2 $2.00 $12,530.00
3 $2.08 $13,031.20
4 $2.16 $13,552.45
5 $2.25 $14,094.55
6 $2.34 $14,658.33
7 $2.43 $15,244.66
8 $2.53 $15,854.45
9 $2.63 $16,488.63
10 $2.74 $17,148.17
683
3185/035458-0022
24154778.4 a10/05/26

EXHIBIT D

PRELIMINARY CONSTRUCTION PLANS
[Attached]
684
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1304 Agenda Date: 10/13/2026
Agenda #: AB. Category: Consent Calendar
FROM:

Development Services
SUBJECT:

Commercial Lease Agreement between the City of Fontana and La Tapatia Arrow Inc RECOMMENDATION:

1. Approve and authorize the City Manager to enter into the Commercial Lease Agreement between the City of Fontana and La Tapatia Arrow Inc. in the form attached to this Staff Report.

2. Authorize the City Manager to take all necessary actions in furtherance and administration of the Lease.

3. Determine that the authorized actions are exempt from CEQA pursuant to CEQA Guidelines Sections 15301 (Existing Facilities), 15332 (Infill Development Projects), and 15061 (Common Sense Exemption).

4. Determine that the City’s approval of the Lease is in furtherance of the common benefit and the health, safety, and welfare of the City and its residents and visitors through the support and facilitation of the City’s economic development initiatives.

COUNCIL GOALS:
· Promote economic development by concentrating on job creation. · Promote economic development by pursuing business attraction, retention, and expansion. · Promote economic development by establishing a quick, consistent development process. · Promote economic development by being business friendly at all levels and striving to constantly improve the city's competitiveness.

DISCUSSION:

The City of Fontana (City) owns property located at 8572 Sierra Avenue, Fontana, California, 92335, identified as Assessor Parcel Number 0191-274-33 (the “Property”). The Property is improved with a commercial structure used for restaurant purposes and other related improvements. The Property has a General Plan designation of WMXU-3 (Walkable Mixed Use), and falls within the FBC (Form City of Fontana Page 1 of 3 Printed on 10/6/2026
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File #: 26-1304 Agenda Date: 10/13/2026
Agenda #: AB. Category: Consent Calendar
Based Code) Downtown Core Zoning District
One of several economic goals in the City is to support and encourage a thriving business community within the City. This initiative supports the City and its residents directly and indirectly through the availability of quality local retail, restaurants, and entertainment and associated local tax revenue.

Staff is proposing that the City Council approve a new commercial lease agreement (the “Lease”) for 10,158 rentable square feet within the Property with La Tapatia Arrow Inc. (the “Tenant”), a business which proposes to open and operate an Americana Restaurant and Tap Room. The proposed use is consistent with the General Plan and Zoning designations for the Property.

The full form of Lease is attached to this Staff Report. The Lease is proposed for a period of 120 months with two (2) five (5) year options to renew. The Tenant would pay to the City a monthly rent starting at $5,000.00 and subject to increases set forth in the Lease, with future lease amounts calculated at a minimum rate equal to approximately 5% of annual sales. Rent shall be abated for the first (3) months after the opening of the business.

During the term of the Lease, the Tenant would be obligated to remain open at least ten (10) hours a day, six (6) days a week for the entire duration of the Lease, and to keep the leased premises orderly, neat, and at all times consistent with applicable laws and requirements.

If the Tenant is in good standing under the Lease, the Tenant may elect to exercise an option to purchase the leased premises between the 6th and 10th Lease year. Any purchase will be approved through a Purchase and Sale Agreement approved by the City Council. In the event the tenant exercises the option to purchase, a Purchase and Sale Agreement will be presented to the City Council for consideration.

The structure and terms of the Lease are intended to assist the Tenant in establishing a strong business operation on the leased premises for the ultimate benefit of the City and its residents. It is further recommended that the City Council determine, by minute order, that adoption of the Lease is in furtherance of the common benefit and the health, safety, and welfare of the City and its residents and visitors.

ANALYSIS:

Approval of the recommended minute orders would authorize the City Manager to enter into the Lease on behalf of the City, and authorize the City Manager to take such further actions as may be necessary to implement the Lease.

In the alternative, the City Council could vote not to approve the Lease, and direct Staff to pursue use of the Property for another purpose.

ENVIRONMENTAL IMPACT AND SURPLUS LAND ACT:

The California Surplus Land Act (SLA) (Gov. Code, §§ 54220 et seq.) requires that local agencies comply with certain requirements prior to selling or entering into long-term leases for public lands.

Consistent with the SLA’s requirements, on July 10, 2026, the City caused a declaration of Exempt Surplus Land to be published in the Fontana Herald News and on the City’s website, consistent with Government Code section 54221 (b). The thirty-day comment period for that notice lapsed on City of Fontana Page 2 of 3 Printed on 10/6/2026
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File #: 26-1304 Agenda Date: 10/13/2026
Agenda #: AB. Category: Consent Calendar
August 9, 2026, and no responses were received.

Approval of the recommended actions is exempt from the California Environmental Quality Act (CEQA) (Pub. Res. Code, §§ 21000 et seq.) pursuant to CEQA Guidelines Sections 15301 (Existing Facilities), 15332 (Infill Development Projects), and 15061 (Common Sense Exemption). (Pub. Res.

Code, § 21065; CEQA Guidelines, §§ 15061, 15301, & 15332.) The Lease would apply to an already developed City-owned structure designed for compatible uses, located in an area of the City where economic activity is planned and expected. Based on the size and type of use, no potentially significant impact to the environment is anticipated.

FISCAL IMPACT:

Approval of the Lease would result in an additional $5,000.00 of monthly base rent after the first three (3) months of the Lease term, which would increase annually. Approval of the Lease may result in additional percentage rent if the Tenant’s annual adjusted gross sales exceed the threshold in the Lease.

Finally, approval of the Lease may result in a positive indirect impact to the City’s sales tax revenue through increased local economic activity. All necessary budget adjustments are included in the First Quarter Budget Report in Fund 601 Capital Reinvestment Org 60130106.6332 also being presented on this agenda.

MOTION:

Approve staff’s recommendation
City of Fontana Page 3 of 3 Printed on 10/6/2026
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1 COMMERCIAL LEASE AGREEMENT
THIS COMMERCIAL LEASE AGREEMENT (the “Lease”) is made and entered into by and between the CITY OF FONTANA, a California municipal corporation (“Landlord”) and LA TAPATIA ARROW INC., a California corporation (“Tenant”), under the following terms and conditions:

Introduction. Landlord owns the commercial property located at 8572 Sierra Avenue, Fontana, California 92335, identified as Assessor Parcel Number 0191-274-33 (the “Property”).

The Property is improved with a commercial structure used for restaurant purposes and other related improvements. As used herein, the term “Project” refers to the real property in the downtown area of Fontana owned or ground leased by Landlord.

Description of the Leased Premises. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Property, consisting of approximately 10,158 rentable square feet, known as 8572 Sierra Avenue, referred to herein as the “Premises” and shown on Exhibit A.

Term and Renewal; Termination.
a. Term. The term of this Lease shall commence (the “Commencement Date”) upon the sooner of (i) the date the Tenant opens for business or (ii) 90 days after the Delivery Date (estimated to be July 1, 2027), and shall expire on the last day of the one hundred twentieth (120th) full calendar month beginning on the Commencement Date (the “Original Term”), unless sooner terminated pursuant to the terms of this Lease. Notwithstanding anything to the contrary in this Lease contained, the term “Term” whenever used in this Lease, shall be defined to include the Original Term and any Renewal Terms that are properly exercised. “Lease Year,” as used herein, means a period of twelve (12) consecutive months during the Lease Term, the first full Lease Year commencing on the Commencement Date and continuing through the twelfth (12th) full calendar month occurring on or after the Commencement Date. “Partial Lease Year” means that portion of the Lease Term prior to the first full Lease Year or following the last full Lease Year.

Notwithstanding the foregoing, the estimated Delivery Date of July 1, 2027 is provided for planning purposes only and shall not be binding on Landlord. Any delay in delivery of possession of the Premises shall not constitute a default by Landlord, entitle Tenant to terminate this Lease or give rise to any claim by Tenant.
b. Option to Renew. Tenant shall have two (2) five (5) year options to renew (each, a “Renewal Term”), subject to the terms and conditions described in Section 24. In the event any such option is effectively exercised with respect to the renewal term, all terms and conditions of this Lease shall be applicable to such renewal term, except Base Rent shall be adjusted in accordance with Section 4(a)(3) below.

Rent. The monthly rent as of the Commencement Date shall be Five Thousand and 00/100 Dollars ($5,000.00) per month, subject to increase as provided in Section 4(a) below (“Base Rent”). Tenant shall, commencing on the Commencement Date and continuing thereafter on the first day of each calendar month, pay Landlord such monthly installments of Base Rent, without setoff, deduction or demand; provided, however, that the installments of Base Rent for the fourth (4th) full calendar month ($5,000.00) shall be paid upon the Commencement Date. 688
2 Notwithstanding the foregoing, Base Rent shall be abated for the first three (3) full calendar months of the Term.

Except as otherwise provided herein, all rent shall be absolutely net to Landlord so that this Lease shall yield net to Landlord the rent to be paid each month during the Term of this Lease. Accordingly, and except as otherwise provided in this Lease, all costs, expenses and obligations of every kind or nature whatsoever relating to the Premises which may arise or become due during the Term of this Lease including, without limitation, all costs and expenses of maintenance and repairs, insurance and taxes, shall be paid by Tenant. Nothing herein contained shall be deemed to require Tenant to pay or discharge any liens or mortgages of any character whatsoever which may exist or hereafter be placed upon the Premises by an affirmative act or omission of Landlord, except as expressly required under this Lease. a. Base Rent Adjustment.
(1) Percentage of Gross Sales Rent. During the Original Term, Base Rent shall be calculated as follows: beginning on the first day of the second (2nd) Lease Year and continuing on the first day of every subsequent Lease Year during the Original Term (subject to Section 4(a)(2) below), Base Rent shall be adjusted annually as of the first day of each Lease Year to the greater of (a) the monthly Base Rent for the previous Lease Year, or (b) an amount equal to: (i) the Adjusted Gross Sales for the immediately preceding Lease Year, (ii) multiplied by five percent (5.0%), and (iii) divided by twelve (12) (rounded to nearest full cent). Tenant may, at Tenant's election, convert from this percentage-of-gross-sales rent calculation to a fixed rate per rentable square foot as provided in Section 4(a)(2) below. If Tenant does not elect to convert, Base Rent shall continue to be calculated pursuant to this Section 4(a)(1) for the remainder of the Original Term.
(2) Fixed Rate Conversion Election. At any time after the first (1st) Lease Year, Tenant shall have the right, in Tenant's sole discretion, to elect to convert the calculation of Base Rent from the percentage-of-gross-sales method described in Section 4(a)(1) above to a fixed rate per rentable square foot of the Premises (the “Fixed Rate Conversion”). Tenant may exercise the Fixed Rate Conversion by delivering written notice to Landlord (the “Conversion Notice”) at least sixty (60) days prior to the first day of the Lease Year in which the fixed rate is to take effect (the “Conversion Date”). Upon the Conversion Date, Base Rent shall be calculated by multiplying the applicable per-square-foot rate set forth in Exhibit C attached hereto by the rentable square footage of the Premises (10,158 rentable square feet). If Tenant elects to convert to a fixed rate after the second (2nd) Lease Year, the applicable fixed rate shall be the rate shown on Exhibit C for the Lease Year in which the Conversion Date falls. Once Tenant has exercised the Fixed Rate Conversion, the conversion shall be irrevocable and Tenant may not revert to the percentage-ofgross-sales method for the remainder of the Term, including any Renewal Term. (3) Renewal Terms. The Base Rent to be paid for the first year of each applicable Renewal Term, if exercised, shall be equal to the “Fair Market Rental Rate” for the Premises, regardless of whether Tenant previously elected the Fixed Rate Conversion under Section 4(a)(2). The Fair Market Rental Rate shall be determined by Landlord and Tenant, based on base rent then being paid by tenants of restaurant spaces of equivalent size in comparable properties similar in size, location, amenities, tenant mix, condition, drawing ability and quality to the Property, provided that notwithstanding anything to the contrary set forth herein, in no event 689
3 shall the Base Rent for the first Lease Year of the Renewal Term be less than one hundred three percent (103%) of the Base Rent in effect immediately prior to the Renewal Term. Beginning on the first anniversary of the Renewal Term and continuing on the first day of every subsequent Lease Year through the end of the Term, Base Rent shall increase by three percent (3.0%) (rounded to nearest full cent) of the amount of the Base Rent from the immediately preceding Lease Year.

For the avoidance of doubt, during any Renewal Term, Base Rent shall be calculated on a fixedrate basis only and shall not revert to or be calculated under the percentage-of-gross-sales method described in Section 4(a)(1). In the event Landlord and Tenant are unable to agree on a Base Rent applicable for the first Lease Year of any Renewal Term at least ninety (90) days prior to the commencement date of the applicable Renewal Term, the Base Rent shall be determined as follows: Landlord and Tenant shall each appoint an independent real estate appraiser with at least five (5) years commercial appraisal experience in the Fontana area, and having no financial interest, relationship, or affiliation with either party, or having any business dealings with either party for the previous five (5) years. Within thirty (30) days after their appointment, each appraiser shall provide a written appraisal of Base Rent for the first Lease Year of the applicable Renewal Term, based upon the above criteria. The Base Rent for the first Lease Year of such Renewal Term shall be the average of two (2) appraisals. However, if the appraisals differ by more than ten percent (10%), then a third similarly qualified appraiser shall be appointed by the first two (2) appraisers within ten (10) days thereafter, which third appraiser shall also provide a written appraisal of Base Rent. Base Rent shall then be the average of three (3) appraisals, except that any appraisal which differs by more than ten percent (10%) from both of the other appraisals shall be discarded and the Base Rent shall be the average of two (2) remaining appraisals. If no two (2) appraisals are within ten percent (10%) of each other, then the issue of Base Rent shall be submitted to a binding arbitration before the Judicial Arbitration Mediation Services in San Bernardino County, California, whose decision as to Base Rent shall be binding on the parties. Each party shall bear equally, the cost of the foregoing procedures. Tenant shall have no other right to extend the term beyond the Renewal Term(s).
b. Gross Sales and Adjusted Gross Sales Reporting. For all periods prior to the Fixed Rate Conversion, Tenant shall (i) not later than the fifth (5th) day after the close of each calendar month, deliver to Landlord a written statement certified under oath by Tenant or an officer of Tenant, showing Gross Sales and Adjusted Gross Sales made in such calendar month; and (ii) not later than thirty (30) days after the end of each Lease Year or Partial Lease Year, deliver to Landlord a statement of Gross Sales and Adjusted Gross Sales for such Lease Year or Partial Lease Year the correctness of which is certified to by Tenant or an officer of Tenant. If Tenant fails to prepare and deliver any statement of Gross Sales and Adjusted Gross Sales required hereunder, within the time or times specified above, then Landlord shall have the right, in addition to the other rights and remedies set forth in this Lease, (a) to collect from Tenant a sum which shall be $250.00 which shall be deemed liquidated damages for administrative and overhead expenses resulting from such failure, and (b) to estimate Tenant's Adjusted Gross Sales for any non-reported period.

In addition to the payment of Base Rent, Tenant covenants and agrees to pay to Landlord, without notice or demand, an amount, if any, equal to five percent (5%) (the “Percentage Rent Rate”) applied against that portion of Tenant's Adjusted Gross Sales during each Lease Year or Partial Lease Year in excess of One Million Two Hundred Thousand Dollars ($1,200,000.00) (the “Sales Breakpoint”) (hereinafter referred to as “Percentage Rent”). In the event of a Partial Lease Year, the Sales Breakpoint shall be determined by multiplying the Sales Breakpoint for the full Lease Year, by a fraction, the numerator of which shall be the number of days contained in such Partial Lease Year and the denominator of which shall be 365 days. Percentage Rent shall become due 690
4 and payable in each Lease Year on the fifth (5th) day of the month immediately following the month during which Adjusted Gross Sales exceed the Sales Breakpoint for such Lease Year, and thereafter shall be paid monthly on all additional Adjusted Gross Sales made during the remainder of such Lease Year, such payments to be made concurrently with the submission by Tenant to Landlord of the written statement of monthly Adjusted Gross Sales as provided for herein. (1) Gross Sales and Adjusted Gross Sales Defined. As used herein, “Gross Sales” means the sale prices of all goods, wares and merchandise sold and the charges for all services performed by Tenant or any other person or entity in, at, or from the Premises for cash, credit or otherwise, without reserve or deduction for uncollected amounts, including but not limited to sales and services (i) where the orders originate in, at or from the Premises, regardless from whence delivery or performance is made, (ii) pursuant to mail, telephone, telegraph, catalogue, facsimile, internet, electronic, video and computer orders, and orders by means of other technology-based systems whether now existing or hereafter developed, and other orders received, placed or filled at the Premises, (iii) resulting from transactions originating in, at or from the Premises, and (iv) deposits not refunded to customers. Excluded from Gross Sales in order to determine “Adjusted Gross Sales” shall be: (i) exchanges of merchandise between Tenant's stores made only for the convenient operation of Tenant's business and not to consummate a sale made in, at or from the Premises, (ii) returns to manufacturers, (iii) refunds to customers (but only to the extent included in Gross Sales), (iv) sales of fixtures, machinery and equipment after use in Tenant's business in the Premises, (v) gratuities paid to staff, to the extent separately itemized on a receipt, and (vi) sales, excise or similar tax imposed by governmental authority and collected from customers and paid out by Tenant. No other taxes shall be deducted from Gross Sales.

Notwithstanding anything to the contrary contained in this Lease, during any period of time (computed on a daily basis) when the Premises is not open for business to the public, then, Gross Sales for the period(s) of the immediately preceding Lease Year corresponding to the periods of closure of the Premises during the then current Lease Year (or in the case of a closing during the first year of the Term, Gross Sales for such year, or portion thereof, shall be increased proportionally to correspond to the periods of closure of the Premises) shall be added to the Gross Sales for such current Lease Year.
(2) Audit. Tenant will preserve for at least three (3) years at Tenant's notice address all original books and records disclosing information pertaining to Gross Sales and Adjusted Gross Sales and such other information respecting Gross Sales and Adjusted Gross Sales as Landlord requires, including, but not limited to, cash register tapes, sales slips, sales checks, gross income and sales tax returns, bank deposit records, sales journals and other supporting data including itemized records of permitted exclusions. Landlord and its agents shall have the right during business hours to examine and audit such books and records preserved by Tenant. If such examination or audit discloses a discrepancy of three percent (3%) or more for any period, or if Tenant's Gross Sales and Adjusted Gross Sales cannot be verified due to the insufficiency or inadequacy of Tenant's records, or if Tenant shall have failed to furnish Landlord any monthly statement of Gross Sales and Adjusted Gross Sales during any Lease Year, Tenant shall promptly pay Landlord the cost of said audit. Tenant shall, in any event, pay to Landlord the amount of any deficiency in rents which is disclosed by such audit. Tenant's obligation to preserve all original books and records shall survive the expiration of the Lease Term or the earlier termination of this Lease.
691
5 c. Late Charge. Tenant acknowledges that late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease. If any installment of rent due from Tenant is not received by Landlord within five (5) days after it becomes due, Tenant shall pay to Landlord an additional sum of five percent (5%) of the overdue rent as a late charge. The parties agree that this late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of late payment by Tenant. Acceptance of any late charge shall not constitute a waiver of Tenant's default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord. d. Interest on Unpaid Rent. Rent or other charges under this Lease not paid within five (5) days of the date due shall, in addition to any late charges under Section 4(c) above, bear interest at the lesser of the maximum legal rate or ten percent (10%) per annum from the date due until paid.

Place of Payment of Rent. Rent and all other sums which shall become due under this Lease, including but not limited to late charges and additional rent, shall be payable by hand delivery or mail at 16860 Valencia Ave, Fontana, California 92335, or at such other place as Landlord may designate from time to time in writing. Mailed payments must be received (not postmarked) by Landlord by the date due.

Security Deposit. Upon (i) execution of this Lease, Tenant shall deposit with Landlord the sum of Ten Thousand and 00/100 Dollars ($10,000.00), and (ii) on or before the Delivery Date, Tenant shall deposit with Landlord an additional sum of Ten Thousand and 00/100 Dollars ($10,000.00), for an aggregate amount of Twenty Thousand and 00/100 Dollars ($20,000.00) (collectively, the “Security Deposit”) as security for the full and faithful performance by Tenant of all the terms, covenants, and conditions of this Lease. The Security Deposit shall not be deemed an advance payment of rent or a measure of Landlord’s damages in the event of default by Tenant.

Landlord may, but shall not be obligated to, apply all or any portion of the Security Deposit toward the cure of any default by Tenant under this Lease, in which case Tenant shall promptly replenish the Security Deposit within five (5) business days of written demand by Landlord. The Security Deposit, or any remaining balance thereof, shall be returned to Tenant within the time required by applicable law following the expiration or earlier termination of this Lease and surrender of the Premises in the condition required hereunder, provided that Tenant has fully performed its obligations hereunder.

In the event of a sale, conveyance, or transfer of Landlord’s interest in the Premises, Landlord shall transfer the Security Deposit (or any unapplied portion thereof) to the purchaser or transferee, and all obligations and rights of Landlord with respect to the Security Deposit under this Lease shall bind and inure to the benefit of such successor landlord.

Tenant may not use any portion of the Security Deposit to satisfy any of Tenant’s rental obligations hereunder, including the last month’s rental payment. Failure of Tenant to pay any Base Rent or other charges when due constitutes a material breach of this Lease for which Landlord may re-enter and take possession of the Premises in accordance with law, notwithstanding the fact that Landlord may have possession of a security deposit. Tenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of law, now or hereafter in effect, which provide that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent, to repair damage caused by Tenant or to clean the Premises, it being agreed that Landlord may, in addition, claim 692
6 from the Security Deposit, in addition to all Base Rent or other sums owing under this Lease, all sums reasonably necessary to compensate Landlord for any other loss or damage, foreseeable or unforeseeable, caused by the acts or omissions of Tenant or any agent, representative, employee, contractor, invitee, guest or customer of Tenant.

Condition of, and Improvements to, Premises.
a. Improvements; Warm Shell Delivery. Prior to the Delivery Date, Landlord shall perform renovation work to the Premises to deliver the Premises in “Warm Shell Condition,” meaning a condition in which the following elements are substantially completed, as determined by Landlord in its sole discretion, generally in accordance with the Preliminary Construction Plans (as defined below): (i) all framing, (ii) drywall installation, (iii) paint, (iv) flooring, (v) heating, ventilation and air conditioning (“HVAC”) systems, (vi) electrical systems and fixtures, and (vii) plumbing (collectively, the “Landlord Work”). Landlord makes no representation or warranty that the Warm Shell Condition will be suitable for Tenant's particular use or that any building systems will have capacity sufficient for Tenant's intended operations. Following delivery in Warm Shell Condition, Tenant shall be solely responsible for all upgraded finishes, appliances, equipment, furniture, and any modifications or upgrades to building systems necessary for Tenant's intended use of the Premises, all at Tenant's sole cost and expense. Except for the Landlord Work, Landlord shall have no obligation or responsibility, actual or implied, to install, construct, accommodate, or make any improvements to the Premises prior to, or as a condition of, Tenant's occupation of the Premises. The “Delivery Date” shall mean the date Landlord delivers possession of the Premises with the Landlord Work substantially completed, as determined by Landlord in its sole discretion. A set of preliminary construction plans depicting the scope and specifications of the Landlord Work is attached hereto as Exhibit D (the “Preliminary Construction Plans”).

Prior to the commencement of the Landlord Work, Landlord shall provide Tenant with updated final construction plans (the “Final Construction Plans”). If the Final Construction Plans contain material changes from the Preliminary Construction Plans, Tenant shall have the right to terminate this Lease by delivering written notice to Landlord within ten (10) business days after Tenant's receipt of the Final Construction Plans, which notice shall specifically identify the material changes that form the basis for Tenant's termination. In the event of such termination, Landlord shall retain the Security Deposit paid by Tenant pursuant to Section 6, and Tenant shall be relieved of all further obligations under this Lease. If Tenant does not deliver a termination notice within such ten (10) business day period, Tenant shall be deemed to have accepted the Final Construction Plans, which shall replace the Preliminary Construction Plans as Exhibit D for all purposes under this Lease. For purposes of this Section, “material changes” means changes that (i) reduce the rentable square footage of the Premises by more than five percent (5%), or (ii) eliminate one or more of the Warm Shell Condition elements listed in clauses (i) through (vii) above in their entirety. Minor variations in the quality or specifications of materials, finishes, equipment, or layout from those shown on the Preliminary Construction Plans shall not constitute material changes. Landlord shall have the right, in its sole discretion, to make modifications to the Preliminary Construction Plans that Landlord determines are necessary or desirable, provided that such modifications do not constitute material changes as defined herein. In no event shall Landlord be liable for consequential, incidental, or special damages arising out of any delay in the Landlord Work or the condition of the Premises upon delivery, and Tenant's sole remedy for any failure by Landlord to deliver the Premises in Warm Shell Condition shall be to require Landlord to use commercially reasonable efforts to correct such deficiency within a reasonable period of time. 693
7 b. As-Is Condition. Tenant warrants and agrees that Tenant has inspected the Premises. Tenant agrees to take possession of the Premises in an AS-IS condition (which exists on the Delivery Date, after completion of the Landlord Work) and Tenant further agrees that, if Tenant wishes to construct any improvement in the Premises, Tenant shall comply with all requirements in Exhibit B as well as Section 14 (Alterations and Liens) of this Lease. Landlord makes no representations regarding the condition, status, compliance with laws or suitability for a particular purpose for Tenant's use. Tenant hereby acknowledges and agrees that Tenant has inspected and investigated the Premises and Tenant further acknowledges and agrees that the Premises are in satisfactory condition. Tenant hereby accepts the Premises in their then-current condition, “AS-IS”, “WHERE-IS” and “WITH ALL FAULTS”. Notwithstanding anything in this Lease to the contrary, Tenant expressly acknowledges that neither Landlord nor its agents, employees, or representatives have made any representations or warranties as to the suitability of the Premises for Tenant’s intended use. Without limiting the foregoing, Landlord makes no representation or warranty regarding the Premises or the suitability of the existing utility services and systems for Tenant’s proposed use. It shall be the sole responsibility of Tenant to verify (i) all governmental requirements applicable to Tenant’s use of the Premises, including without limitation zoning, and (ii) the capacity of all mechanical systems and improvements within the Premises to satisfy Tenant’s intended use. Tenant hereby agrees and warrants that it has investigated and inspected the condition of the Premises and the suitability of same for Tenant’s purposes, and Tenant does hereby waive and disclaim any objection to, cause of action based upon, or claim that its obligations hereunder should be reduced or limited because of the condition of the Premises or the suitability of same for Tenant’s purposes. The taking of possession of the Premises, or any portion thereof, by Tenant shall conclusively establish that the Premises were at such time in satisfactory condition. Tenant hereby waives Subsection 1 of Section 1932 and Sections 1941 and 1942 of the Civil Code of California or any successor provision of law. EXCEPT FOR ANY EXPRESS WARRANTIES SET FORTH IN THE LEASE, TENANT,

FOR ITSELF, AND ITS OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES,

AFFILIATES, SUCCESSORS AND ASSIGNS, EXPRESSLY DISCLAIMS ANY IMPLIED

WARRANTY OF HABITABILITY, MERCHANTABILITY, OR FITNESS OF THE PREMISES FOR A PARTICULAR PURPOSE OR USE.
c. Condition Upon Surrender. Upon termination of this Lease, Tenant shall surrender the Premises to Landlord in as good condition as when originally received, ordinary wear and tear and damage by fire, earthquake, flood or act of God excepted, and including any repairs or improvements made by Tenant. If Tenant fails to maintain the Premises in good order and repair, after thirty (30) days' prior written notice, Landlord may, at its option, make such repairs, and Tenant shall pay the reasonable cost thereof as additional rent hereunder within ten (10) days after receipt of a written statement therefor. In the event the giving of thirty (30) days' prior notice may result in additional damage to the Premises, Landlord may make such repairs, at Tenant's expense, without thirty days' prior written notice.
d. Inspection by Certified Access Specialist. Landlord discloses that the Premises have not undergone inspection by a Certified Access Specialist as referenced in California Civil Code Section 1938 subsection (e) which provides: “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. 694
8 The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” Pursuant to the foregoing Section 1938(e), Tenant acknowledges and agrees that, if Tenant wishes to have the Premises inspected by a CASp: (i) Tenant must notify Landlord on or before the date when Tenant executes this Lease pursuant to the election below; (ii) the inspection will be at Tenant's sole cost and expense; (iii) the inspection must be scheduled through Landlord and in coordination with the Landlord’s property manager; (iv) any repairs or modifications inside or outside of the Premises necessary to correct any violation of construction-related accessibility standards that is noted in the CASp report shall be Tenant’s responsibility; provided, however, that Landlord shall have the right to perform any such repairs or modifications at Tenant’s sole cost and expense, and Tenant shall reimburse Landlord within ten (10) days of written demand by Landlord; and (v) Tenant must provide a copy of the CASp report to Landlord on completion. By initialing below, Tenant represents that:

Tenant wishes to have a CASp inspection of the Premises Initials: ______________ Tenant hereby waives its right to have a CASp inspection of the Premises Initials: ____________ Use. The Premises shall be used only for the operation of a full-service family style restaurant and bar and related catering services and for no other purpose (“Permitted Use”).

Tenant shall not use any portion of the Premises for purposes other than those specified without first obtaining the written consent of Landlord.

Uses Prohibited. In addition to uses prohibited pursuant to Section 8, Tenant shall not do or permit anything to be done in or about the Premises nor bring or keep anything therein which is not within the permitted use of the Premises which will in any way increase the existing rate of or affect any fire or other insurance upon the Property or any of its contents, or cause a cancellation of any insurance policy covering the Property or any part thereof or any of its contents. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Property or injure or annoy them or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose; nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or allow to be committed any waste in or upon the Premises. Under no circumstances shall the right herein granted to use the Premises be deemed to include the right to store any property, temporarily or permanently, outside of any building on the Premises. Any such storage shall be permitted only by the prior written consent of Landlord or Landlord's designated agent, which consent may be revoked at any time. In the event that any unauthorized storage shall occur then Landlord shall have the right, without notice, in addition to any other rights and remedies that it may have, to remove the property and charge the cost to Tenant, which cost shall be payable as additional rent immediately upon demand by Landlord.

Operating Covenants. Tenant covenants and agrees that it will continuously and uninterruptedly from and after the Commencement Date: (i) remain open for business to the public no fewer than six (6) days a week and ten (10) hours per day for such hours as are approved by Landlord in Landlord’s reasonable discretion; (ii) remain open and operating for the full term of the Lease, except while the Premises are untenantable by reason of casualty, renovation or force majeure, (iii) maintain within the Premises an adequate stock of merchandise together with sufficient personnel and personal property to service and supply the usual and ordinary requirements of its customers, (iv) keep the Premises in a neat, clean and orderly condition, (v) 695
9 maintain and operate its business within the Premises in a first-class manner, and (vi) at all times during the Term, operate its business in compliance with all applicable laws, ordinances, codes, rules, regulations and the requirements of all governmental and quasi-governmental authorities having jurisdiction, and obtain and maintain in full force and effect all license, permits and approvals required for the operation of the Permitted Use at the Premises.

Compliance with Laws/Hazardous Materials.
a. Tenant, at Tenant's expense, shall comply with and cause all of Tenant's agents to comply with all applicable laws, ordinances, rules and regulations of governmental authorities applicable to the Premises or the use or occupancy thereof, including, without limitation, the law commonly known as the Americans With Disabilities Act and California Code of Regulations Title 8, Sections 3281 through 3299 (collectively, “Laws”). b. Tenant shall not cause or permit any Hazardous Materials, as defined below, to be brought upon, kept, used, discharged, deposited or leaked in or about the Premises or the Property by Tenant or any of Tenant's agents or by anyone in the Premises (other than Landlord or its agents, employees or contractors), except to the extent such Hazardous Materials are de minimus quantities of cleaning or office supplies customarily kept or used in operation of a restaurant, provided, however all such Hazardous Materials shall be kept and used in accordance with all applicable laws. If Tenant breaches the obligations stated in the preceding sentence, or if the presence of any Hazardous Material on the Premises or the Property caused or suffered or permitted by Tenant or any of Tenant's agents or by anyone in the Premises (other than Landlord or its agents, employees or contractors) results in contamination of the Premises or the Property, or if contamination of the Premises or the Property by any Hazardous Material otherwise occurs for which Tenant is legally liable, then Tenant shall indemnify, defend and hold Landlord and Landlord Parties harmless from any and all claims, damages, costs, liabilities and expenses (including, without limitation, diminution in value or use of the Property, attorneys' fees, consultant fees and expert fees) which arise during or after the Term as a result of such contamination. This indemnification shall include, without limitation, costs incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work on or under the Premises. “Hazardous Material” means any hazardous or toxic substance, material or waste which is or becomes regulated by any local, state or federal governmental authority or by common law decisions, including without limitation (i) all chlorinated solvents, (ii) petroleum products or by-products, (iii) asbestos and (iv) polychlorinated biphenyls. Landlord, at Tenant’s sole cost and expense, shall have the right, but not the obligation, at reasonable times during normal business hours to inspect, investigate, sample and/or monitor the Premises, including any air, soil, water, groundwater or other sampling, and any other testing, digging, drilling or analyses, at any time and Tenant shall provide Landlord with access to all relevant facilities, records and personnel.

Waste; Nuisance; Quiet Enjoyment. Tenant shall not suffer or commit any waste or nuisance on the Premises, nor shall Tenant interfere with or obstruct the rights of or disturb the quiet enjoyment of any other tenant or occupant of the building or injure or annoy them. Tenant shall not use or allow the Premises to be used for any improper, immoral, or objectionable purposes, to be determined in Landlord's reasonable judgment. Landlord covenants and agrees with Tenant that, upon Tenant performing all of the covenants and provisions on Tenant’s part to be observed and performed under this Lease (including payment of rent hereunder), Tenant shall have the right to use and occupy the Premises in accordance with and subject to the terms and conditions of this Lease as against all persons lawfully claiming by, through or under Landlord. 696
10 This covenant shall be binding upon Landlord and its successors only during its or their respective periods of ownership of the Property, and Landlord shall not be liable for acts of third parties or prior owners.

Repair and Maintenance.
a. Landlord’s Repair and Maintenance. Landlord shall repair and maintain the roof and the structural foundations in which the Premises are located unless the need for such repair shall be caused by the neglect, misuse, or misconduct of Tenant, its agents, employees or invitees, in which case Landlord shall promptly cause the repairs to be made at Tenant's sole expense. Upon receipt of a written notice that Landlord has made repairs that were caused by the neglect, misuse, or misconduct of Tenant, its agents, employees or invitees, Tenant shall promptly reimburse Landlord within thirty (30) days of invoice for the cost of all such repairs and maintenance.

Landlord shall not be required to make any repairs to the roof or structural foundation unless and until Tenant has notified Landlord in writing of the need for such repairs and Landlord shall have had a reasonable period thereafter to commence.
b. Tenant’s Repair and Maintenance. Tenant shall, at Tenant's sole cost and expense, maintain the Premises except as noted under Section 13(a), above, in good condition and repair.

Said maintenance shall include but not be limited to, the interior and exterior of the Premises, exterior doors and windows, all fixtures and equipment, including without limitation, heating and ventilation systems, plate glass, electrical wiring, plumbing fixtures, plumbing drains. Tenant hereby waives California Civil Code Sections 1932(1), 1941 and 1942 and any other applicable existing or future law, ordinance or governmental regulation permitting Tenant to make repairs at Landlord's expense.
c. Trade Fixtures And Equipment. Tenant at its own expense shall provide and maintain all trade fixtures and equipment reasonably required to enable it to conduct its business in the Premises in a business-like manner. Tenant shall keep all trade fixtures and equipment clean and in good repair. Kitchens or other food preparation facilities shall be steam cleaned annually.

Landlord may inspect the Premises annually to ensure good maintenance practices and review the current condition of the Premises pursuant to Section 16. Restaurants and odor producing Tenants are required to provide an exhaust pollution control system (e.g. Scrubber system). Tenant shall include the pollution control unit with their design drawings. As a part of the Landlord Work, Landlord shall install a grease trap serving the Premises. Tenant shall, at Tenant’s sole cost and expense, contract for, in its own name, for a qualified service contractor to inspect, clean and repair such grease trap at such intervals as may be required by Tenant's use, but in no event less frequently than once a month. Tenant shall obtain, maintain and comply with all permits required in connection with the operation of the grease trap and Tenant shall be solely responsible for all fines, penalties and costs arising from any violation thereof. Tenant shall promptly furnish copies of all inspection and service reports, permits and any notices of violation, citation or non-compliance to Landlord. Such fixtures and equipment shall remain the property of Tenant, and Tenant may remove or if required to do so by Landlord, shall remove the same or any part thereof upon the termination of this Lease. Prior to lease expiration or earlier termination, Tenant shall repair at its own expense any damage to the Premises caused by its removal of said fixtures or equipment. All trade fixtures and equipment installed by Tenant pursuant thereto shall not be subject to, and shall be free of any lien for payment of rent by Tenant or for the performance of any other obligation of Tenant. Tenant shall keep Tenant's fixtures and equipment insured for full replacement value. 697
11 d. Utilities. Tenant shall pay, during the term hereof, all electric, water, gas, telephone, sewer, internet, cable, data, trash removal, recycling, and all other public utility charges in connection with its occupancy and use of the Premises, including all costs of operating and maintaining all equipment therein, and all business taxes and all taxes upon the property and fixtures of the Tenant. Landlord shall not be responsible for any interruptions or disturbance of service regardless of whether Tenant is paying directly for such services or if such services are being contracted for by Landlord, nor shall there be any abatement of rent resulting from any cessation or interruption of utility service or other service contemplated by this section. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law, ordinance or governmental regulation permitting the termination of this Lease due to the interruption or failure of any services to be provided under this Lease. e. Revenue & Taxation Code Section 107.6 Possessory Interest Tax. Tenant recognizes and understands that this Lease may create a possessory interest subject to property taxes and that, if a possessory interest is created, Tenant shall, in accordance with this Section 13(e) hereof, be responsible for payment of property taxes levied against such possessory interest.

Alterations and Liens. Tenant shall not make or cause to be made any alterations, additions, or improvements to or of the Premises or any part thereof without the prior written consent of Landlord. If any alterations require additional changes to comply with Laws which are triggered by Tenant's alterations, all such resulting requirements to comply with Laws shall be at Tenant's expense and any Landlord consent to such alterations shall be conditioned on Tenant's payment for same. Any alterations, additions, or improvements affixed to the Premises, except furnishings, equipment, and trade fixtures, shall, at Landlord's option, become part of the real property and belong to Landlord on expiration or termination of the term and any extension thereof. If Landlord consents to the making of any alteration, additions, or improvements to the Premises, they shall be made at Tenant's sole cost and expense. Tenant shall keep the Premises free and clear of any liens or encumbrances which may arise from such work. At Landlord's option, Tenant shall, at its sole cost and expense, remove all such additions, alterations, and improvements from the Premises at the end of the term hereof and repair any damage to the Premises occasioned by such removal. If Tenant shall fail to complete such removal and repair such damage within ten (10) days after such termination, Landlord may do so and Tenant shall pay the reasonable cost thereof as additional rent within ten (10) days after Landlord shall render to Tenant a written statement therefor. In the event Tenant makes any alterations to the Premises that trigger or give rise to a requirement that the Premises come into compliance with any governmental laws, ordinances, statutes, order and/or regulations (such as ADA requirements), Tenant shall be fully responsible for complying, at its sole cost and expense with same. Tenant shall file a Notice of Completion after completion of any alteration or improvement and provide Landlord with a copy thereof. Tenant shall provide Landlord with a copy of a set of “as built” drawings of any such work.

Assignment and Subletting. Tenant shall not either voluntarily, or by operation of law, assign, transfer, mortgage, pledge, hypothecate or encumber this Lease or any interest therein, and shall not sublet the said Premises or any part thereof, or any right or privilege appurtenant thereto, or allow any other person (the employees, agents, servants, guests and invitees of Tenant excepted) to occupy or use the said Premises, or any portion thereof, without first obtaining the written consent of Landlord which shall not be unreasonably withheld. If an assignment or subletting involves a use other than that permitted in Section 8 above, Tenant must comply with said Section 8. Consent to one assignment, subletting, occupation or use by another person shall not be deemed to be consent to any subsequent assignment, subletting, occupation or use by another 698
12 person. Consent to any such assignment or subletting shall in no way relieve Tenant of any liability under this Lease. Any such assignment or subletting without such consent shall be void, and shall, at the option of the Landlord, constitute a default under the terms of this Lease. No sublease or assignment shall release Tenant from continuing liability hereunder. In the event that Landlord shall consent to a sublease or assignment hereunder, Tenant shall pay Landlord reasonable attorney fees and costs incurred in connection with the processing of documents necessary to giving of such consent. Any excess consideration above the rental rate provided in this Lease Tenant is entitled to as a result of any assignment or sublease shall be divided and paid 50% to Tenant and 50% to Landlord; provided, however, that if Tenant is in default under this Lease, Landlord shall be entitled to all such excess consideration.

Entry by Landlord. Except for emergencies such as fire, water intrusion and the like which may be at any time, Landlord and its agents shall have the right to enter the Premises at reasonable times to inspect and examine the same and to make such repairs to the Premises as the Landlord shall deem advisable, and to show the Premises to prospective tenants, buyers or lenders.

Indemnification.
a. Waiver of Claims. To the extent permitted by law, Tenant waives all claims against Landlord for damage to person or property arising for any reason. Tenant assumes all such risks for Tenant and any employees, licensees, invitees, agents, or contractors. b. General Indemnity. Tenant shall indemnify, protect, defend (at Tenant's sole cost and with legal counsel acceptable to Landlord) and hold harmless, Landlord and Landlord Parties from and against any and all claims, judgments, causes of action, damages, penalties, costs, liabilities, and expenses, including all court costs and attorney fees, arising at any time during or after the Term, as a result (directly or indirectly) of or in connection with (i) default in the performance of any obligation on Tenant’s part to be performed under the terms of this Lease, or (ii) Tenant’s use of the Premises, the conduct of Tenant’s business or any activity, work or things done, permitted or suffered by Tenant or Tenant’s employees, agents, customers, visitors, guests, invitees, licensees, contractors, assignees or subtenants (individually, a “Tenant Party” and collectively “Tenant Parties”) in or about the Premises or the Property, or any portion thereof, except as provided by law or for claims caused solely by Landlord’s gross negligence or willful misconduct. Tenant’s indemnity is not intended to nor shall it relieve any insurance carrier of its obligations under policies required to be carried by Tenant pursuant to the provisions of this Lease to the extent such policies cover the results of negligent acts or omissions of Landlord, its employees, agents, volunteers, contractors, council members, board members and officers or the failure of Landlord to perform any of its obligations under this Lease. The obligations of Tenant under this Section 17(b) shall survive the termination or earlier expiration of this Lease. As used herein, “Landlord Parties” shall include Landlord, and Landlord’s affiliated entities, and each of their respective members, managers, partners, officers, employees, volunteers, board members, lenders, agents, representatives, contractors, consultants, the city manager, the city council and each member thereof, each member of a city commission or committee, and all of their respective successors and assigns.
c. Exemption of Landlord from Liability. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to the Premises, the Property and Tenant’s property including, but not limited to, Tenant's fixtures, equipment, furniture and alterations, or illness or injury to persons in, upon or about the Premises or the Property, arising 699
13 from any cause, and Tenant hereby expressly releases Landlord and waives all claims in respect thereof against Landlord, except only such claims as are caused solely by Landlord's gross negligence or willful misconduct. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant's business or any loss of income therefrom or for damage to the property of Tenant, or injury to or illness or death of Tenant or any Tenant Party or any other person in or about the Premises, whether such damage, illness or injury is caused by fire, steam, electricity, gas, water or rain, or from the breakage, leakage or other defects of sprinklers, wires, appliances, ventilation, plumbing, air conditioning or lighting fixtures, or from any other cause, and whether said damage, illness or injury results from conditions arising upon the Premises, upon other portions of the Property or from other sources or places, and regardless of whether the cause of such damage, illness or injury or the means of repairing the same is inaccessible to Tenant, except only damage, illness or injury caused solely by Landlord's gross negligence or willful misconduct.

Insurance. Tenant shall obtain and maintain at all times during the Term of this Lease insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Lease by the Tenant, its agents, representatives, employees, invitees, or subcontractors. Tenant shall obtain and furnish proof of coverage as to each type of insurance required.
a. Property Insurance. During the Lease Term, Tenant shall, at Tenant's expense, maintain, or cause to be maintained, “All risk” property insurance including boiler and machinery comprehensive form, if applicable, covering damage to or loss of any of Tenant's personal property, fixtures, equipment and alterations, including electronic data processing equipment (collectively, “Tenant's Property”) (and coverage for the full replacement cost thereof including business interruption of Tenant);
(1) Casualty Insurance. Tenant shall, at its sole cost and expense, obtain and maintain during the Term of the Lease, insurance against loss or damage to the Premises and Tenant’s Property by fire, lightning, explosion, vandalism, malicious mischief, and other casualties commonly insured against by tenants occupying similar commercial space (“Casualty Insurance”).

Such coverage shall be written on a “special form” or “all risk” basis and shall insure for the full replacement value of the property insured (without deduction for depreciation), including any improvements or alterations made by or on behalf of Tenant. Landlord shall be named as a loss payee as its interest may appear. The proceeds of any such casualty insurance shall be used for the repair or replacement of the damaged or destroyed property, subject to the terms of this Lease; b. Liability Insurance. Commercial General Liability Insurance (Occurrence Form).

A policy of commercial general liability insurance (occurrence form) having a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence, Four Million Dollars ($4,000,000) in aggregate, providing coverage for, among other things, blanket contractual liability, Premises, products/completed operations with an “Additional Insured-Managers or Lessors of Premises Endorsement” and containing the “Amendment of the Pollution Exclusion Endorsement” for damage caused by heat, smoke or fumes from a hostile fire, and personal and advertising injury coverage, with deletion of (a) the exclusion for operations within fifty (50) feet of a railroad track (railroad protective liability), if applicable, and (b) the exclusion for explosion, collapse or underground hazard, if applicable. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, and shall include coverage for liability assumed under this Lease as an “Insured Contract” for the performance of Tenant's indemnity obligations under this Lease;
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14 c. Automobile Liability Insurance. Business automobile liability insurance having a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence and insuring Tenant against liability for claims arising out of ownership, maintenance, or use of any owned, hired or non-owned automobiles;
d. Worker's Compensation. Workers' compensation insurance having limits not less than those required by state statute and federal statute, if applicable, and covering all persons employed by Tenant in the conduct of its operations on the Premises including coverage for all states and, if applicable, voluntary compensation, together with employer's liability insurance coverage in the amount of at least One Million Dollars ($1,000,000); e. Other Insurance. Any other form or forms of insurance as Landlord or mortgagees of Landlord may reasonably require from time to time in form, in amounts and for insurance risks against which a prudent tenant would protect itself;
f. Business Interruption. Loss of income and extra expense insurance in amounts as will reimburse Tenant for direct or indirect loss of earnings attributable to all peril commonly insured against by prudent Tenants in the business of Tenant or to prevention of access to the Premises as a result of such perils; and
g. Umbrella/Excess Liability Insurance. Umbrella or excess liability insurance may be used to satisfy the limits required in Section 18(a) and (b) above. The umbrella liability or excess liability policy shall be written on an “occurrence” form with a self-insured retention no greater than Ten Thousand Dollars ($10,000). Such policies shall name Landlord as an additional insured and shall be primary to any insurance maintained by Landlord. h. Liquor. If Tenant shall sell beer, wine or other alcoholic liquors or beverages in the Premises as permitted by this Lease, then Tenant shall, at its sole expense, keep in force with an insurance company reasonably satisfactory to Landlord, so-called “Dram Shop” insurance in adequate and legally required amounts. In addition to Tenant, the policy shall also name Landlord and other persons identified by Landlord as additional insureds. Tenant shall continually provide Landlord with a certificate or other evidence of such insurance (the first of which shall be provided prior to the commencement of sale of such alcoholic beverages in the Premises), which shall provide that the insurer will give Landlord at least twenty (20) days’ notice prior to any cancellation of, lapse or material change in such insurance. If Tenant shall fail to procure such insurance as herein provided, then after notice to Tenant and Tenant’s continued failure to cure, Landlord may procure such insurance on behalf of Tenant and Tenant shall reimburse Landlord for the cost thereof within ten (10) days after demand therefor. If Landlord shall be unable to procure such insurance, then the sale of alcoholic beverages shall be suspended in the Premises until such date as such insurance is maintained by Tenant as herein provided. i. Waiver of Subrogation. The parties release each other, and their respective authorized representatives, from any claims (for damage to any person or to the Premises and/or the building in which the Premises are located, and to the fixtures, personal property, Tenant's improvements, and alterations of either Landlord or Tenant in or on the Premises and/or the building in which the Premises are located) that are caused by or result from risks which are insured against under any insurance policies carried by the parties and in force at the time of any such damage and to the full extent of any proceeds paid under said policies. 701
15 j. Ratings, Certificates. All policies shall be taken out with insurers licensed to do business in California with a current Best Rating of (A, XIII) and in form satisfactory from time to time to Landlord. Certificates of insurance evidencing all such insurance and acceptable to the Landlord shall be filed with Landlord prior to occupancy of the Premises and at least ten (10) days prior to the expiration of the term of each policy thereafter. Such certificates of insurance must specifically show all the special policy conditions required in this Section, including “additional insured,” “waiver of subrogation,” “notice of cancellation,” and “primary insurance” wording applicable to each policy. Alternatively, a certified, true and complete copy of each properly endorsed policy may be submitted. All policies shall contain an undertaking by the insurers to notify Landlord and the mortgagees of Landlord in writing not less than thirty (30) days prior to any material change, reduction in coverage, cancellation, or other termination thereof. Tenant shall furnish Landlord with proof of renewal or binders for new insurance at least thirty (30) days before the expiration date of each policy. With respect to CGL Insurance, Tenant shall name Landlord, its employees, elected officials, board members, officers, agents and volunteers as additional insureds with respect to Tenant's negligence for any claims arising out of Tenant's operations in or upon the Premises. In addition, the CGL Insurance: (i) must be endorsed to be primary and non-contributory, rather than excess, with respect to each party's additional insured status; (ii) endorsed to provide cross-liability coverage if they do not contain a standard ISO separation of insureds provision; (iii) shall not contain any endorsement or provision that states the limits of the policy will not stack, pyramid or be in addition to any other limits provided by that insurer, and (iv) have no cross suits exclusion, or any similar exclusion that excludes coverage for claims brought by an additional insured under the policy against another insured under the policy. All insurance policies required by this Section 18 (i) must be issued by insurance companies having an “A” rating or better by Standard and Poor's, and if not rated by Standard & Poor's, then a rating of “A” by A.M. Best Company, and (ii) may be satisfied by a primary policy or combination of primary and umbrella policies. The insurance provisions set forth in this Section 18 set forth the minimum amounts and scopes of coverage to be maintained by Landlord and Tenant and are not to be construed in any way as a limitation on each party's liability under this Lease.

Destruction of Premises.
a. Destruction Due to Risk Covered by Insurance. If, during the Term of this Lease or any Renewal Term, the Premises or the Property (and other improvements in which the Premises are located) are totally or partially destroyed from a risk covered by insurance carried by either Tenant or Landlord, rendering the Premises totally or partially inaccessible or unusable, the following shall apply:
(1) If the cost to repair the damage is estimated to be ten percent (10%) or less of the replacement value of the Premises or Property (as applicable), Landlord shall repair and restore the Premises and affected portions of the Property to substantially the same condition as existed immediately before the destruction, but expressly excluding Tenant Restoration Obligations (as such term is defined below), provided that such restoration can reasonably be completed within 270 days from the date of destruction. (2) If the cost to repair the damage is estimated to be more than ten percent (10%) of the replacement value of the Premises or Property, then Landlord may elect, in its sole discretion, either (i) to restore the Premises and the Property to substantially the same condition as 702
16 they were immediately before the destruction, or (ii) to terminate this Lease by giving written notice to Tenant within fifteen (15) days after determining the scope and cost of restoration. (3) If existing laws or governmental regulations prohibit restoration, then either party may terminate this Lease immediately upon written notice to the other. (4) In the event Landlord elects to restore the Premises but the estimated time for restoration exceeds the lesser of 270 days or the remaining Term of the Lease (including any exercised Renewal Term), Landlord may also elect to terminate this Lease by written notice to Tenant delivered within fifteen (15) days after such determination.

Notwithstanding anything to the contrary in this Section, destruction or damage as described above shall not automatically terminate this Lease, except as expressly provided herein. b. Destruction Due to Risk Not Covered by Insurance. If, during the term of this Lease and any renewal term, the Premises or the Property and other improvements in which the Premises are located are totally or partially destroyed by a risk not covered by the insurance, rendering the Premises totally or partially inaccessible or unusable, Landlord can elect to terminate this Lease by giving notice to Tenant within fifteen (15) days after determining the restoration cost and replacement value.
c. Tenant’s Obligations. In the event this Lease is not terminated pursuant to the terms of this Section 19, following any restoration work by Landlord, Tenant shall (at Tenant’s sole cost and expense and subject to the terms of Section 14) promptly restore any alterations, improvements, trade fixtures, equipment and personal property to substantially the same condition as existed prior to such casualty event (collectively, “Tenant Restoration Obligations”). Tenant shall use commercially reasonable efforts to reopen for business following completion of the any restoration work by Landlord under this Section 19.
d. Abatement or Reduction of Rent. In case of destruction, there shall be an abatement or reduction of rent between the date of destruction and the date of substantial completion of Landlord’s restoration obligations under this Section 19. For the avoidance of doubt, rent abatement shall cease upon substantial completion of Landlord’s restoration obligations under this Section 19, and no abatement shall apply during any period in which Tenant is completing Tenant Restoration Obligations.
e. Waiver of Civil Code Sections. Tenant waives the provisions of California Civil Code Section 1932(2) and California Civil Code Section 1933(4) with respect to any destruction of the Premises.

Default and Landlord's Remedies.
a. Default. The occurrence of any of the following shall constitute a default by Tenant:
(1) Tenant shall fail to pay when due any rent or any other monetary sum payable under this Lease.
(2) Tenant shall fail to observe, keep or perform any of the other terms, covenants, agreements or conditions contained in this Lease if such default continues for a period 703
17 of ten (10) days after written notice by Landlord specifying the nature of the default with reasonable particularity, unless the nature of the default is such that more than ten (10) days is required to cure it and Tenant commences to cure it within such ten (10) day period and thereafter diligently pursues it to completion.
(3) Tenant shall become bankrupt or insolvent or make a transfer in fraud of creditors, or make an assignment for the benefit of creditors, or take or have taken against Tenant any proceedings of any kind under any provision of the Federal Bankruptcy Act or under any other insolvency, bankruptcy or reorganization act and, in the event any such proceedings are involuntary, Tenant is not discharged from the same within thirty (30) days thereafter. (4) A receiver is appointed for a substantial part of the assets of Tenant, and such receivership is not released within thirty (30) days. (5) The abandonment of the Premises by Tenant, or the vacation (hereby defined to be thirty (30) or more consecutive days of continual absence from the Premises) of the Premises by Tenant.
(6) This Lease or any estate of Tenant hereunder shall be levied upon by any attachment or execution and such levy is not released within thirty (30) days.

Notices given under this Section shall specify the alleged default and the applicable Lease provisions, and shall demand that Tenant perform the provisions of this Lease or pay the rent that is in arrears, as the case may be, within the applicable period of time, or quit the Premises. b. Landlord's Remedies. If any default by Tenant shall occur, and following notice of default as required by this Lease (for the period applicable to the default under the applicable provision of this Lease), Landlord shall have the following remedies in addition to all other rights and remedies provided by law or equity, to which Landlord may resort cumulatively or in the alternative.
(1) Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder by giving written notice of such intention to terminate. In the event that Landlord shall so elect to terminate this Lease, then Landlord may recover from Tenant:
(a) The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(b) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves could have been reasonably avoided; plus (c) The worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus
(d) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom; and 704
18 (e) At Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable law.

As used in Subsections (a) and (b) above of this Section, the “worth at the time of award” is computed by allowing interest at the maximum rate an individual is permitted by law to charge. As used in subsection (c) above, the “worth at the time of award” is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
(2) In the event of the vacation or abandonment of the Premises by Tenant, or in the event that Landlord shall elect to reenter as provided herein or shall take possession of the Premises pursuant to legal proceeding or pursuant to any notice provided by law, then Landlord shall have the remedy specified by Civil Code Section 1951.4, in which Landlord may from time to time recover all rental as it becomes due or relet the Premises or any part thereof for the account of Tenant on such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable, with the right to make alterations and repairs to the Premises. In the event that Landlord shall elect so to relet, then rentals received by Landlord from such reletting shall be applied first, to the payment of any indebtedness, other than rent due hereunder, owed by Tenant to Landlord; second, to the payment of any cost (including commissions) of such reletting; third, to the payment of the cost of any alterations and repairs to the Premises; fourth, to the payment of rent due and unpaid hereunder; and the residue, if any, shall be held by Landlord and applied in payment of future rent as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of rent hereunder, be less than the rent payable during that month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord upon demand.

Tenant shall also pay to Landlord, as soon as ascertained, any and all costs and expenses incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting.
(3) No reentry or taking possession of the Premises by Landlord pursuant to this Section shall be construed as an election to terminate this Lease unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction.

Signs. All signs and graphics of every kind visible in or from public view or corridors, or the exterior of the Premises, whether inside or outside the Premises, shall be subject to Landlord’s prior written approval and shall be subject to compliance with any applicable Laws, including local sign ordinances.

Estoppel Certificate. Tenant shall execute and deliver to Landlord within ten (10) days of request a commercially reasonable estoppel statement. Landlord and Tenant intend that any estoppel statement delivered pursuant to this Section may be relied upon by any mortgagee, beneficiary, purchaser or prospective purchaser of the building or any interest therein and failure to execute and return such estoppel shall be a material breach of the Lease.

Eminent Domain. In case the whole of the Premises, or such part thereof that substantially interferes with the reasonable use of the Premises as a restaurant, shall be taken for any public or quasi-public purpose by any lawful power or authority by exercise of the right of appropriation, condemnation or eminent domain, or sold to prevent such taking, either party shall have the right 705
19 to terminate this Lease effective as of the date possession is required to be surrendered to said authority. Tenant shall not assert any claim against Landlord or the taking authority for any compensation because of such taking and Landlord shall be entitled to receive the entire amount of any award without deduction for any estate or interest of Tenant. In the event the amount of property or the type of estate taken shall not substantially interfere with the reasonable use of the Premises as a restaurant, Landlord shall be entitled to the entire amount of the award without deduction for any estate or interest of Tenant. If there is no substantial interference or if there is substantial interference, but neither party elects to terminate, Landlord shall promptly proceed to restore the Premises to substantially the same condition as the Premises existed prior to such partial taking, to the extent possible by application of the condemnation proceeds only, and a proportionate allowance shall be made to Tenant for the rent corresponding to the time during which, and to the part of the Premises of which Tenant shall be so deprived on account of such taking and restoration. Nothing contained in this Section shall be deemed to give Landlord any interest in any award made to Tenant for the taking of personal property and fixtures belonging to Tenant. Each party waives the provisions of California Code of Civil Procedure Section 1265.130 allowing either party to petition the Superior Court to terminate this Lease in the event of a partial taking of the premises.

Options to Renew.
a. Landlord hereby grants to Tenant two (2) options to renew this Lease as set forth in Section 3(b). Such options, with respect to the renewal term, shall only be exercised by Tenant by written notice to Landlord, by United States mail, postage prepaid, certified or registered, return receipt requested, notice of the exercise of each such option, not later than twelve (12) and not more than fifteen (15) full calendar months prior to the expiration of the then current term. No exercise of any option herein granted shall be effective if any default under or breach of this Lease (a) exists either at the time of exercise or on the expiration of the term during which it was exercised, or (b) occurs after the exercise and before the commencement of the renewal term. b. In the event any such option is effectively exercised with respect to the renewal term, all terms and conditions of this Lease shall be applicable to such renewal term except the Base Rent during the renewal term shall be as set forth in Section 4(a)(3).

Inducements. Tenant acknowledges that Landlord has granted certain inducements to Tenant in consideration for Tenant’s commitment to perform for the entire Term of this Lease, which may include free or abated rent and certain allowances (the “Tenant Inducements”).

Tenant Inducements expressly includes the abated rent described in Section 4 above. If Tenant defaults hereunder, in addition to all other remedies to which Landlord may be entitled under law or in equity, all Tenant Inducements shall be immediately due and payable to Landlord as additional rent.

Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. If Tenant holds over for any period after the expiration (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only; such holding over with the prior written consent of Landlord shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease.

In either of such events, possession shall be subject to all of the terms of this Lease, except that 706
20 the monthly Base Rent shall be equal to one hundred fifty percent (150%) of the Base Rent for the month immediately preceding the date of termination. If Tenant fails to surrender the Premises upon the expiration of this Lease despite demand to do so by Landlord, Tenant shall indemnify and hold Landlord harmless from all loss or liability, including without limitation, any claims made by any succeeding tenant relating to such failure to surrender. Acceptance by Landlord of rent after the termination shall not constitute consent to a holdover or result in a renewal of this Lease.

The foregoing provisions of this Section are in addition to and do not affect Landlord’s right of reentry or any other rights of Landlord under this Lease or at law.

Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Lease, the prevailing party shall be entitled to have and recover from the losing party reasonable attorney's fees and costs of suit.

Notices. Any notice required or permitted to be given hereunder may be given by personal delivery or by United States certified mail, postage prepaid, addressed to Tenant at the Premises and to Landlord at 16860 Valencia Ave, Fontana, California 92335, or at such other address as the Landlord shall designate in writing.

Waiver; Accord and Satisfaction. No delay or omission in the exercise of any right or remedy of Landlord on any default by Tenant shall impair such right or be construed as a waiver.

The receipt and acceptance by Landlord of delinquent rent shall not constitute a waiver of any other default; it shall constitute only a waiver of timely payment for the particular rent payment involved. No payment by Tenant or receipt by Landlord of a lesser amount than the rent payment herein stipulated shall be deemed to be other than on account of the rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such rent or pursue any other remedy provided in this Lease.

Force Majeure. If either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure material, failure of power, restrictive governmental laws or regulations, riots, insurrection, war, environmental remediation work whether ordered by any governmental body or voluntarily initiated or other reason of a like nature not the fault of the party delayed in performing work or doing acts required under this Lease, the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. Notwithstanding the foregoing, the provisions of this Section 30 shall at no time operate to excuse Tenant from any obligations for payment of Base Rent, additional rent or any other payments required by the terms of this Lease when the same are due, and all such amounts shall be paid when due.

Time is of the Essence. Time is of the essence of this Lease as to the performance of all terms, covenants, and conditions stated herein.

Broker. Tenant represents that it has not had any dealings with any real estate broker, finder or intermediary with respect to this Lease. Tenant shall indemnify, protect, defend (by counsel reasonably approved in writing by Landlord) and hold Landlord harmless from and against any and all claims, judgments, suits, causes of action, damages, losses, liabilities and expenses (including attorneys’ fees and court costs) resulting from any breach by Tenant of the foregoing 707
21 representation, including, without limitation, any claims that may be asserted against Landlord by any broker, agent or finder undisclosed by Tenant herein.

Subordination. Tenant accepts this Lease subject and subordinate to any mortgage(s), deed(s) of trust, ground lease(s) or other lien(s) now or subsequently arising upon the Premises and to renewals, modifications, refinancings and extensions thereof (collectively referred to as a “Mortgage”). This clause shall be self-operative, but no later than five (5) business days after written request from Landlord or any holder of a Mortgage (a “Mortgagee(s)”), Tenant shall execute a commercially reasonable subordination agreement or SNDA. As an alternative, a Mortgagee shall have the right at any time to subordinate its Mortgage to this Lease. No later than five (5) business days after written request by Landlord or any Mortgagee, Tenant shall, without charge, attorn to any successor to Landlord’s interest in this Lease. Tenant hereby waives its rights under any current or future Law which gives or purports to give Tenant any right to terminate or otherwise adversely affect this Lease and the obligations of Tenant hereunder in the event of any such foreclosure proceeding or sale. Should Tenant fail to sign and return any such documents within said five (5) business day period, Tenant shall be in default hereunder.

Right to Lease. Landlord reserves the absolute right to effect such other tenancies in the Project as Landlord in the exercise of its sole and absolute discretion shall determine. Tenant does not rely on the fact, nor does Landlord represent, that any specific tenant or type or number of tenants shall, during the Term, occupy any space in the Project.

Submission of Lease. Submission of this instrument for examination or signature by Tenant does not constitute a reservation of or an option for lease, and it is not effective as a lease or otherwise until execution and delivery by both Landlord and Tenant. Tenant expressly acknowledges and agrees that this Lease is contingent upon Landlord’s compliance with the California Surplus Land Act (Gov. Code, § 54220), and may not be executed by Landlord unless Landlord completes the compliance process thereunder. Landlord shall commence the Surplus Land Act process within fifteen (15) days after receiving a Tenant’s executed original of this Lease. Landlord may not execute this Lease until the Surplus Land Act process is complete. Tenant understands that the foregoing may result in conveyance of the premises to another party. In the event that the Surplus Land Act process results in disposal of the Premises to another party or for any reason Landlord elects not to execute this Lease, the Lease shall be of no force or effect without liability to Landlord.

OFAC Provisions. Tenant represents and warrants to Landlord that, as of the date hereof and at all times during the Lease Term, neither Tenant nor any individual, entity, or organization holding a significant ownership or controlling interest in Tenant, including any executive officer or director, is an individual, entity, or organization with whom any United States law, regulation, or executive order prohibits U.S. companies and individuals from dealing, including, without limitation, names appearing on the U.S. Department of Treasury’s Office of Foreign Assets Control’s Specially Designated Nationals and Blocked Persons List. In the event the foregoing representation is or later becomes untrue, it shall constitute a non-curable default by Tenant under this Lease and entitle landlord to immediately pursue its remedies under Section 20 above.

SB 1103. The parties acknowledge and agree that this Lease has been negotiated exclusively in English. The parties further acknowledge and agree that, at any time on or prior to the execution of the Lease, Tenant has not provided Landlord with any notice that Tenant is a “qualified commercial tenant” as defined in Section 827, 1632, 1946.1 or 1950.9 of the California 708
22 Civil Code, as may be amended from time to time (a “QCT Notice”). If Tenant subsequently provides a QCT Notice to Landlord, then, notwithstanding anything to the contrary set forth in this Lease (including any Exhibit attached hereto), any renewal or extension option granted to Tenant that has not been exercised by Tenant before providing the QCT Notice to Landlord shall automatically terminate and be of no further force or effect. Without limiting the foregoing, in the event Tenant is or becomes a qualified commercial tenant, Landlord hereby notifies Tenant that it may inspect any supporting documentation of building operating costs upon written request pursuant to Section 1950.9(a)(4) of the California Civil Code, and Tenant hereby acknowledges receipt of such notice before the execution of the Lease.

Default by Landlord. Landlord shall not be in default under this Lease unless Landlord fails to perform obligations required of Landlord within thirty (30) days after written notice by Tenant to Landlord, specifying wherein Landlord has failed to perform such obligation; provided, however, that if the nature of Landlord’s obligation is such that more than thirty (30) days are required for performance, then Landlord shall not be in default if Landlord commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. If Tenant has been notified of the holder of any mortgage or deed of trust or the lessor of any ground lease or underlying lease affecting the Premises, such holder or lessor shall be given a reasonable opportunity to cure any default by Landlord prior to Tenant’s exercising any remedy available to Tenant. In no event shall Tenant have the right to terminate this Lease as a result of Landlord’s default, and Tenant’s remedies shall be limited to damages and/or an injunction.

Further, Landlord shall in no event be liable to Tenant or any other person for any consequential damages, special or punitive damages, or for loss of business, revenue, income or profits and Tenant hereby waives any and all claims for any such damages. It is expressly understood and agreed that notwithstanding anything in this Lease to the contrary, and notwithstanding any applicable law to the contrary, the liability of Landlord and any recourse by Tenant against Landlord shall be limited solely and exclusively to an amount which is equal to the interest of Landlord in the Premises, and neither Landlord, nor any Landlord Parties shall have any personal liability therefor, and Tenant hereby expressly waives and releases such personal liability on behalf of itself and all persons claiming by, through or under Tenant.

Option to Purchase.
a. Provided that Tenant is not then and has not been in default under any of the terms or conditions of this Lease, and provided that original Tenant is then leasing and occupying the Premises, then Tenant shall have the one-time option (the “Purchase Option”) to purchase the entirety of the Premises in accordance with the terms and conditions of this Section 39. The purchase price for the Premises if acquired pursuant to the Purchase Option (the “Purchase Price”) shall be the fair market value of the Premises as of the date of the Purchase Option Exercise Notice, determined by an independent third-party real estate appraiser selected by Landlord in its sole discretion. Landlord shall cause the appraisal to be completed following the Purchase Option Exercise Notice. The appraised value shall be final and binding on the parties. b. In order to exercise the Purchase Option, Tenant must deliver written notice to Landlord of Tenant’s intent to purchase the Premises (“Purchase Option Exercise Notice”) on or after the first day of the sixth (6th) Lease Year, and not later than the last day of the tenth (10th) Lease Year (“Purchase Option Deadline”), time being of the essence. If Tenant fails to timely deliver a Purchase Option Exercise Notice prior to the Purchase Option Deadline, then the Purchase Option shall be null and void and of no further force or effect (unless Landlord elects, in 709
23 its sole discretion, to accept such Purchase Option Exercise Notice). The Purchase Option shall not be exercisable during any Renewal Term.
c. In the event Tenant timely delivers to Landlord a Purchase Option Exercise Notice, then Landlord and Tenant shall promptly negotiate in good faith and execute a purchase and sale agreement (the “Purchase Agreement”) on terms determined by Landlord in its reasonable discretion, which Purchase Agreement shall include, without limitation: (i) conveyance of the Premises to Tenant, subject to all matters of record, (ii) Tenant’s acceptance of the Premises in its then “AS-IS, WITH ALL FAULTS” condition, with no representations or warranties of any kind by Landlord, (iii) Tenant’s payment of all closing costs, including, without limitation, all title insurance premiums, escrow fees, recording fees, documentary transfer taxes, county and city transfer taxes, survey costs and any other fees, taxes or costs associated with the conveyance, and (iv) an express condition that the consummation of the sale shall be subject to the approvals described in Section 39(e) below.
d. Neither Tenant’s rent payments nor any other payments made by Tenant to Landlord pursuant to this Lease shall be applied against the Purchase Price, and Tenant shall be required to pay Base Rent and all other amounts due and payable under this Lease through and pro-rated as of the closing date (i.e., the date upon which the sale of the Premises to Tenant is consummated).
e. Notwithstanding anything to the contrary in this Section 39, Tenant acknowledges that Landlord is a governmental organization and that the consummation of the sale of the Premises pursuant to the Purchase Option is subject to all state and local laws, as the same may be amended from time to time, and the approval of state and local authorities, including, without limitation, the approval of the Fontana City Council. If the Fontana City Council or any other state and local authorities do not approve the sale or approves the sale on conditions that Landlord, in its sole discretion, does not accept, Landlord may terminate the Purchase Option upon written notice to Tenant, and neither party shall have any further liability under this Section 39, provided that this Lease shall remain in full force and effect in accordance with its terms. f. The rights contained in this Section 39 shall be personal to original Tenant and may only be exercised by original Tenant.

Right of First Offer. At any time during the Term, Landlord may elect to sell the Premises to a third party; provided, however, that if Landlord elects to sell the Premises at any time on or after the first day of the sixth (6th) Lease Year and on or before the last day of the Original Term, and Tenant has not previously delivered a Purchase Option Exercise Notice, Landlord shall, prior to offering the Premises for sale to any third party, first deliver written notice to Tenant (the “ROFO Notice”) setting forth the purchase price at which Landlord is willing to sell the Premises and the other material terms and conditions of the proposed sale. Tenant shall have thirty (30) days after receipt of the ROFO Notice (the “ROFO Response Period”) to deliver written notice to Landlord accepting the purchase price and terms set forth in the ROFO Notice. If Tenant timely delivers such acceptance notice, Landlord and Tenant shall proceed to negotiate and execute a Purchase Agreement in accordance with Section 39(c), except that the purchase price shall be the price set forth in the ROFO Notice in lieu of the Purchase Price determined pursuant to Section 39(a). If Tenant fails to deliver an acceptance notice within the ROFO Response Period, or if Tenant delivers written notice declining to purchase the Premises, then Landlord shall be free to offer and sell the Premises to any third party without any further obligation to deliver a ROFO 710
24 Notice or otherwise comply with this Section 40, the right of first offer granted hereby shall permanently terminate, and the Purchase Option shall terminate and be of no further force or effect.

For the avoidance of doubt, (A) at any time prior to the first day of the sixth (6th) Lease Year and at any time after the last day of the Original Term (including during any Renewal Term), Landlord may sell the Premises to any third party without delivering a ROFO Notice or otherwise complying with this Section 40, and (B) any sale by Landlord to a third party shall remain subject to the governmental approvals described in Section 39(e).

Successors and Assigns. Except as otherwise provided herein, all of the terms and conditions hereof shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. In the event of any transfer, assignment or other conveyance or transfers of any such title or tenancy, Landlord herein named (and in case of any subsequent transfers or conveyances, the then grantor) shall be automatically freed and relieved from and after the date of such transfer. Landlord may transfer its interest in the Premises without the consent of Tenant and such transfer or subsequent transfer shall not be deemed a violation on Landlord's part of any of the terms and conditions of this Lease.

Titles and Definitions. The titles of sections herein are for identification only. They shall not be considered to be a part of this Lease and shall have no effect upon the construction or interpretation thereof. The words “Landlord” and “Tenant” as used in this Lease shall include both singular, plural, masculine, feminine, and neuter as the context shall require.

Entire Agreement/Amendment. This Lease contains the entire agreement of the parties and supersedes all prior negotiations, drafts, and other understandings which the parties may have concerning the subject matter hereof. This Lease may not be modified except by written instrument duly executed by the parties hereto or their successors in interest.

Choice of Laws; Interpretation. This Lease shall be governed by and construed pursuant to the laws of the State of California. The provisions of this Lease shall be construed in accordance with the fair meaning of the language used and shall not be strictly construed against either party.

Authority/Consents & Approvals. Each of the persons executing this Lease on behalf of Tenant warrants and represents that Tenant is a duly organized and validly existing entity, that Tenant has full right and authority to enter into this Lease and that the persons signing on behalf of Tenant are authorized to do so and have the power to bind Tenant to this Lease. Tenant shall provide Landlord upon request with evidence reasonably satisfactory to Landlord confirming the foregoing representations.

No Merger. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord, operate as an assignment to it of any or all subleases or subtenancies.

Recordation. Tenant shall not record this Lease or a short form memorandum hereof without Landlord’s prior written approval.

No Third Party Benefit. This Lease is a contract between Landlord and Tenant and nothing herein is intended to create any third party benefit.

Severability. If, for any reason whatsoever, any of the provisions hereof shall be unenforceable or ineffective, all of the other provisions shall be and remain in full force and effect. 711
25 [THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK]
712
1 IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease on the day and year set forth below.

LANDLORD
CITY OF FONTANA, a California
municipal corporation
TENANT
LA TAPATIA ARROW INC, a California
corporation
By:

Name:

Its:

Dated:

By:

Name:

Its:

Dated:
713
3185/035458-0022
27059155.2 a10/05/26

EXHIBIT A

MAP OF PREMISES
[Attached]
714
3185/035458-0022
27059155.2 a10/05/26 -2-
First Floor
715
3185/035458-0022
27059155.2 a10/05/26 -3-
Second Floor
716
3185/035458-0022
27059155.2 a10/05/26

EXHIBIT B

REQUIREMENTS
[Attached]
717
3185/035458-0022
27059155.2 a10/05/26

EXHIBIT C

FIXED RATE CONVERSION SCHEDULE
The following schedule sets forth the per-square-foot monthly rental rate applicable to each Lease Year if Tenant elects the Fixed Rate Conversion pursuant to Section 4(a)(2) of this Lease. The monthly Base Rent shall be calculated by multiplying the applicable per-square-foot rate below by the rentable square footage of the Premises (10,158 rentable square feet).

Lease Year Rate Per RSF/Month Monthly Base Rent
2 $2.00 $20,316.00
3 $2.08 $21,128.64
4 $2.16 $21,941.28
5 $2.25 $22,855.50
6 $2.34 $23,769.72
7 $2.43 $24,683.94
8 $2.53 $25,699.74
9 $2.63 $26,715.54
10 $2.74 $27,832.92
718
3185/035458-0022
27059155.2 a10/05/26

EXHIBIT D

PRELIMINARY CONSTRUCTION PLANS
[Attached]
719
City of Fontana
Action Report
City Council Meeting
8437 Sierra Avenue
Fontana, CA 92335
File #: 26-1308 Agenda Date: 10/13/2026
Agenda #: AC. Category: Consent Calendar
FROM:

Administrative Services
SUBJECT:

Fourth Amendment to Wireless Communications Site License Agreement with T-Mobile West Tower LLC for the Cell Site Located at Baseline Road and Heritage Circle RECOMMENDATION:

Authorize the City Manager to enter into the Fourth Amendment to the Wireless Communications Site License Agreement with T-Mobile West Tower LLC for the continued operation and modification of the existing wireless communications facility located at Baseline Road and Heritage Circle.

COUNCIL GOALS:
· Operate in a businesslike manner by improving services through the effective use of technology.
· Practice sound fiscal management by developing long-term funding and debt management plans.

DISCUSSION:

On September 14, 2000, the City entered into a Wireless Communications Site License Agreement with Pacific Bell Wireless, LLC for the installation and operation of wireless communications equipment on City-owned property located at Baseline Road and Heritage Circle. The agreement was subsequently amended in 2001, 2001, and 2019. T-Mobile West Tower LLC is the current successor-in-interest to the original licensee.

T-Mobile has requested approval to modify and upgrade its existing wireless communications facilities at the site. In connection with the proposed improvements, City staff and T-Mobile negotiated a Fourth Amendment that extends the term of the existing agreement and updates several provisions governing the use of the property.

The current agreement extends through December 21, 2030. The Fourth Amendment provides for four additional five-year renewal terms, potentially extending the agreement through December 21, 2050. Beginning December 22, 2030, monthly rent will increase to $3,000 and will continue to be adjusted in accordance with the escalation provisions contained in the original agreement. T-Mobile will also provide the City a one-time $5,000 signing bonus within 60 days following receipt of the fully executed amendment.

The amendment also provides the City's consent for T-Mobile to complete modifications and upgrades to the existing wireless facility as depicted in Exhibit B-3. T-Mobile remains responsible for obtaining all permits and other governmental approvals required for the improvements, including City of Fontana Page 1 of 3 Printed on 10/6/2026
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File #: 26-1308 Agenda Date: 10/13/2026
Agenda #: AC. Category: Consent Calendar
approval of a traffic control plan, at its sole expense. The City's approval of the amendment is in its capacity as property owner and does not constitute regulatory approval of the proposed improvements.

An important component of the negotiations involved vehicle access and parking associated with maintenance and construction activities at the site. Service and construction vehicles have previously parked along Baseline Road and near the sidewalk while accessing the facility, creating traffic and pedestrian safety concerns. As part of the negotiations associated with the amendment, T-Mobile agreed to construct an improved driveway/access area extending inward from the street and sidewalk, allowing service vehicles to pull completely off Baseline Road while personnel are working at the facility.

In addition, the Fourth Amendment expressly prohibits T-Mobile and its contractors, agents, sublicensees, and other personnel from parking or storing vehicles or equipment on the adjoining sidewalk or parkway except within approved areas. The provision is specifically intended to maintain unobstructed pedestrian access, including for students traveling to and from nearby schools.

Violations are subject to escalating payments of $1,000 for the first violation, $2,000 for the second, and $3,000 for subsequent violations.

Staff believes the Fourth Amendment provides for the continued productive use of the existing telecommunications site while improving the operational conditions surrounding the facility. The negotiated access improvements and new parking restrictions address prior traffic and pedestrian safety concerns associated with service vehicles, while the extended term provides the City with continued rental revenue from the property.

CEQA:

The approval of the renewed license agreement (“project”) is categorically exempt from the California Environmental Quality Act (“CEQA”) under the Class 3 exemption, which applies to the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. (CEQA Guidelines, § 15303.)
The project would permit a wireless communications facility on approximately 1184 square feet of City-owned property, a small facility in an already developed area, that is comparable in scope and function to those structures identified in the language of CEQA Guidelines Section 15303.

None of the exceptions outlined in CEQA Guidelines Section 15300.2 apply. The project will not impact an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. There will be no cumulative impact of successive projects of the same type in the same place, over time. There will be no significant environmental impact due to unusual circumstances. The project will not result in damage to scenic resources. The project site is not on any list compiled pursuant to Government Code section 65962.5, and there are no historical resources on or near the project site that would result in a substantial adverse change as a result of the project. Thus, the project falls within the Class 3 exemption.

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File #: 26-1308 Agenda Date: 10/13/2026
Agenda #: AC. Category: Consent Calendar
FISCAL IMPACT:

Approval of the Fourth Amendment will result in a one-time payment of $5,000 to the City following execution of the agreement. Effective December 22, 2030, monthly rent will increase to $3,000, or $36,000 annually, subject to future adjustments in accordance with the existing agreement.

T-Mobile will be responsible for the costs associated with its facility modifications and all required governmental approvals.

MOTION:

Approve Staff Recommendation
City of Fontana Page 3 of 3 Printed on 10/6/2026
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